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Backup Documents 05/14/2013 Item #16D11ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPS D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO -L THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist. and forward to Ian Mitchell (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. Jennifer White, Asst County Attorney County Attorney's Office Z�aLJ I 11 2. Executive Manager Board of County Commissioners C 3. Minutes and Records Clerk of Court's Office Number of Original Attached Agreemen�BLE Academy, GoQ�v111 Documents Attached �QW PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Elly Soto McKuen , p Operations Analyst w° Phone Number 252 -2664 Agenda Date Item was May 14, 2013 Agenda Item Number 16DI I Approved by the BCC Original document has been signed/initialed for legal sufficiency. (All documents to be esm Type of Document FYI 2-13 CDBG Supplemental recipient Number of Original Attached Agreemen�BLE Academy, GoQ�v111 Documents Attached �QW Industries, Habitat for anity,"Naples Equestrian Challenge, The Shelter -for ✓- Abused Woman and Children, Immokalee 2. Housing and Family Services (2 dttkv —t•, ro'.� z �,- ►t� �S N/A MOTf- to -AL OF }�rk4 ►20.1. INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not aimrooriat e. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be esm signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the esm document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's esm signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip esm should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 5/14/13 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's ' if- Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16D11 MEMORANDUM Date: May 20, 2013 To: Elly Soto McKuen, Operations Analyst Housing, Human & Veteran Services Department From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: CDBG Subrecipient Agreements with ABLE Academy, Goodwill Industries of SWFL, Naples Equestrian Challenge, The Shelter for Abused Women and Children; Two (2) Subrecipient Agreements with Immokalee Housing and Family Services for upgrades at the Carl J. Kuehner Community Center and at Sanders Pines Attached is an original copy of each agreement referenced above (Item #16D1 I) approved by the Board of County Commissioners on Tuesday, May 14, 2013. The second original copy of each agreement will be held on file in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252 -8406. Thank you. Attachments (6) [ro"I Grant # - B- 04 -UC -12 -0016 Grant # - B- 09 -UC -12 -0016 CFDA/CSFA# - 14.218 Subreci Tent — ABLE Academy DUNS # - 029483800 FETI # - 20- 3571795 FY End 12/31 AGREEMENT BETWEEN COLLIER COUNTY AND ABLE ACADEMY, INC. THIS AGREEMENT is made and entered into this 14th day of May, 2013, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "Grantee ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "ABLE Academy, Inc. ", a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at 5860 Golden Gate Parkway, Naples, Fl, 34116. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (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, each year, the COUNTY prepares a One -Year Action Plan detailing how it intends to allocate funds received from HUD to conduct eligible activities for the benefit of low and moderate - income residents; and WHEREAS, the Board of County Commissioners of Collier County approved various Collier County Consolidated Plans and Annual Action Plans for the CDBG Program; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised a substantial amendment on March 14, 2013 with a 30 -day citizen comment period from March 14, 2013 through April 15, 2013; and ABLE Academy (CDS13 -01) Building & Land Acquisition Page 1 of 26 �9 16D11 WHEREAS, on April 23, 2013 the COUNTY approved substantial amendments to various year's Annual Action Plans providing CDBG funds in the amount of $515,000 to ABLE Academy — Land Acquisition and acquisition of its current leased facility located at 5860 Golden Gate Parkway, Naples, FL 34116; and NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: I. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: FY2004 -2005 and FY2009 -2010 Amended Action Plans identified and approved the project to ABLE Academy for the following: Project Component One: Land Acquisition and purchase of existing building. Items identified for funding are outlined in the budget in Section III. All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate - income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 II. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the 14th day of May, 2013 and end on the 31th day of October, 2013. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. III. AGREEMENT AMOUNT The COUNTY agrees to make available FIVE HUNDERED AND FIFTEEN THOUSAND DOLLARS ($515,000) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds "). The budget identified for the Property Acquisition Project shall be as follows: Line Item Description CDBG Funds Land Acquisition and purchase of existing ABLE Academy building located at 5860 Golden Gate Parkway $ 515,000.00 ABLE Academy (CDS13 -01) Property Acquisition -Deed Transfer Page 2 of 26 Modifications to the "Budget and Scope" may only be made if a pp roved in advance. B e5d QnJsh1s between cost categories and activities shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a cost category and activity shall only be made with board approval. All services specified in Section I. Scope of Services shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of quarterly progress reports. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." The following table details the project deliverables and payment schedule: Deliverable Payment Schedule Building and Land Acquisition; ABLE Upon invoicing using Exhibit B will Academy located at 5860 Golden Gate reimburse allowable expenses with Parkway documentation including but not limited to HUD Settlement Statement(s), appraisal(s), closing documents, and deed, with supporting documentation. 76 -80 children will benefit from this N/A funding and will be low- and moderate - income (LMI) persons; 51 % of the persons served must fall at or below 80% of Medium Family Income Quarterly Submission of Exhibit D N/A Income qualification Activities Inventory N/A Submission annually on 9/30 (Insurance Certificate /Property Appraiser Documents) IV. NOTICES ABLE Academy (CDS 13 -01) Building & Land Acquisition Page 3 of 26 D Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Rosa Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 mailto:RosaMunoz@Collier og v net 239 - 252 -5713 SUBRECIPIENT ATTENTION: Dr. Colleen Cornwall, Executive Director ABLE Academy 5860 Golden Gate Parkway Naples, FL 34116 mailto:colleengtheableacademy.org 239 - 352 -7600 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non - production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any 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 ABLE Academy (CDS 13 -01) Building & Land Acquisition Page 4 of 26 v 0 16011 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. C. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. D. AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to end date of this agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of the Agreement. E. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall ABLE Academy (CDS 13 -01) Building & Land Acquisition Page 5 of 26 r Y 16011 survive the termination and /or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. F. GRANTEE RECOGNITION /SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and /or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. G. TERMINATION In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. ABLE Academy (CDS I3 -01) Building & Land Acquisition Page 6 of 26 C� VII. REVERSION OF ASSETS 16D11 In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in excess of $25,000 as outlined in 24 CFR 570.505 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.901) until five (5) years after expiration of the term of this Agreement or for such longer period of time as determined to be appropriate by the COUNTY and as memorialized by the COUNTY and the SUBRECIPIENT in an amendment to this Agreement or such instrument as the COUNTY at its discretion determines appropriate; or b. If not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for the acquisition of or improvements to, the property. No payment is required after the period of time specified in subsection (a). Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35. VIII. INSURANCE SUBRECIPIENT shall not commence any work and /or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. IX. ADMINISTRATIVE REQUIREMENTS A. EXAMINATION OF RECORDS The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: B. DOCUMENTATION AND RECORDKEEPING 1. All records required by CDBG. ABLE Academy (CDS13 -01) Building & Land Acquisition Page 7 of 26 Cam: 16D11 2. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. 3. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for four (4) years after expiration of this Agreement with the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. 4. The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 5. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. 6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15th day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the ABLE Academy (CDS 13 -01) Building & Land Acquisition Page 8 of 26 r� agreed-upon Program objectives, activities and expenditures and including, but not limited to, 11kniaelti on client feedback with respect to the goals and objectives set forth in Exhibit "D ". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and /or legislative amendments are enacted. Reports and /or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. E. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy. Purchasing Threshold Policy Dollar Range $ Quotes Under$3K 1 Written Quote Above $3K to $1 OK 3 Written Quotes Above $10K to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (IFB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and /or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. PROGRAM - GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY, utilized by the ABLE Academy (CDS 13 -01) Building & Land Acquisition Page 9 of 26 16011 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 IX.B.3, the SUBREICPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. X. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty -one (5 1) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro - Americans, Spanish- speaking, Spanish surnamed or Spanish- heritage Americans, Asian- Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. PROGRAM BENEFICIARIES At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "D" of this Agreement. ABLE Academy (CDS 13 -01) Building & Land Acquisition Page 10 of 26 D. AFFIRMATIVE ACTION PLAN 16011 The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest ", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.2000). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. ABLE Academy (CDS 13 -01) Building & Land Acquisition Page 11 of 26 (%1 respectively, al aDzel e on IN WITNESS WHEREOF, the Sub recipient and the County, have each, espect vel y, b y kp or agent, hereunder set their hands and seals on this 14th day of May, 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER DWIGHT E. BROCK, CLERK COUNTY, FLORIDA Dated: (SEAL) ABLE Academy (CDS 13 -01) Building & Land Acquisition i GEORGIA A. HILLER, ESQ., CHAIRWOMAN ABLE Academy, Inc. i Dr. Colleen Cornwall Dr. Colleen Cornwall, Executive Director Subrecipient Name and Title Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney Page 12 of 26 V) N doN bex J 16011 IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 14th day of May, 2013. ATTEST: BOARD OF C( DWIGHT E. BPOCK, CLERK COUNTY, FLC By: A GEORGIA sgna�u��o�►ly. Dated: (EAL) ABLE Academy, Inc. ONERS OF COLLIER ESQ., CHAIRWOMAN By: 4"Y� o Q-� Dr. Colleen Cornwall Dr. Colleen Cornwall, Executive Director Subrecipient Name and Title Approved as to form and legal sufficiency: Jennifer 1§7White Assistant County Attorney ) 02 be ABLE Academy (CDS13 -01) Building & Land Acquisition Page 12 of 26 16011 EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and /or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 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). ABLE Academy (CDS 13 -01) Building & Land Acquisition Page 13 of 26 '%i 16D11 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.LM.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. ABLE Academy (CDS13 -01) Building & Land Acquisition Page 14 of 26 EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: ABLE Academy Sub recipient Address: 5860 Golden Gate Parkway, Naples, FL 34116 Project Name: Building and Land Acquisition Project No: CDS13 - -01 Payment Request # Dollar Amount Requested: $ SECTION 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) 16D11 $515,000 I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have been followed. Authorizing Grant Coordinator Supervi Dept Director ABLE Academy (CDS 13 -01) Building & Land Acquisition Signature Title Page 15 of 26 Date (approval authority under $14,999) (approval required $15,000 and above) l ., EXHIBIT "C" RELEASE AND AFFIDAVIT FORM CONSTRUCTION ONLY 16D11 The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713.02 Part 1 — Waiver or Release of Liens. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final) Request for Payment. Witness: : Print name and title STATE OF COUNTY OF ABLE Academy, Inc. 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: Name: (AFFIX OFFICIAL SEAL) ABLE Academy (CDS13 -01) Building & Land Acquisition (Signature) (Legibly Printed) Notary Public, State of: Commission No.: Page 16 of 26 C'� EXHIBIT "D" 16011 QUARTERLY PROGRESS REPORT Sub - recipients: Please fill in the following shaded areas of the report Agency Name: P1ABL���,. �.� 4�Et�E� Date: Project Title: Alternate �1ilA iI �Wi Program Contact: u� .� , _ ,�r� _ �,� Contact: _�i�, Ml Telephone Number: (� ..M Et 'REPORT FOR QUARTER ENDING: (check one that applies to theu�� corresponding grant period): "'' IM 01/31/13 04/30/13 07/31/13 F? 10/31/13 h. Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of April 23, 2013. 1 Please list the outcome goal(s), from your approved application & sub - recipient agreement and indicate your progress in meeting, those goals since November 13, 2012, ABLE Academy (CDS 13 -01) Building & Land Acquisition Page 17 of 26 i 2. 3. 16D11 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 Since October 1, 2012, of the persons assisted, how many.... Pki e. a. ...now have new access (continuing) to this service or benefit? 0, b. ... now has improved access to this service or benefit? 1 0 t C. ... now receive a service or benefit that is no longer substandard? TOTAL: 0 4. What funding sources area plied for this period / program ear? r h d -. . .. ii i6i i0 iNE iryiiWlr K,,.,. Section 108 Loan Guarantee qp, ,�, ,i "' "' "P',''W� 6 HOPWA u �L�i Other Consolidated Plan Funds CDBG Other Federal Funds ESG State /Local Funds _ HOME Total $ Entitlement $ Total Other Funds - Funds ABLE Academy (CDS 13 -01) Building & Land Acquisition Page 18 of 26 i 6. What Is the total number of UNC a. Total No. of adult females served: b. Total No. of adult males served: TOTAL: C. Total No. of families served: 6. What is the total number of LINE EXHIBIT "D" UARTERLY PROGRESS I$] Total No. of females served under 18: Total No. of males served under 18: Total No. of female head of household: TOTAL: 0 16D11 a. Total number of adult females served 11I' 0 • Total number of females served under 18: 0' b. Total number of adult males served: # Total number of males served under 18: � k TOTAL: 0 TOTAL: 0 C. Total No. of families served: Total No. of female head of household: 4 I,dN Complete EITHER question #7 OR #8. Complete question #7 if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question #8 if any client in your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8. 7. PRESUMEt1 E3Ef ericiAm, DATA. S. OTHER BENEFICIARY DATA: INCCIMi~ RANGE Indicate the total number of UNDUPLICATED persons served since October 1 who fall into Indicate the total number of UNDUPLICATED persons each presumed benefit category (the total served since October 1 who fall into each income should equal the total in question #6) category (the total should equal the total in question #6) Report as: Report as: Abused Children 0, Extremely low Income (0 -30 %) AI Homeless Person #) Low Income (31 -50 %) Battered Spouses ;Moderate Income (51 -80 %) �;I 9 Persons w/ HIV /AIDS ii 'Above Moderate Income ( >80 %) ii Elderly Persons l �N3 Veterans Chronically/ Mentally ill Physically Disabled Adults V1,14 0 oti11'141 Other -Youth TOTAL: 0 TOTAL: 0 9. Racial Ethnic' Data: (If a licabie 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 Black/African American Asian American Indian /Alaska Native Native Hawaiian /Other Pacific Islander American Indian /Alaskan Native & White Black/African American & White Am. Indian /Alaska Native & Black/African Am. Other Multi- racial Name: Title: ABLE Academy (CDS13 -01) Building & Land Acquisition Other 0 " TOTAL: 0 Page 19 of 26 of whom, how many are Hispanic? W 20 ; of whom, how many are Hispanic? EZ of whom, how many are Hispanic? of whom, how many are Hispanic? i of whom, how many are Hispanic? ii of whom, how many are Hispanic? g of whom, how many are Hispanic? su: of whom, how many are Hispanic? N _,- ;of whom, how many are Hispanic? MmKa Q ; of whom, how many are Hispanic? 0 TOTAL HISPANIC Signature: Your typed name here represents your a ec ronic signature EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT 16011 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 ABLE Academy, Inc: Fiscal Year Name Period Total State Financial Assistance Expended during $ most recently completed Fiscal Year Total Federal Financial Assistance Expended during most recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A -133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as 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. tir rinam s were notes, please enclose a copy oT ine responses ana correcuve action pian.) Certification Statement hereby certify that the above information is true and accurate. Signature I Date Print Name and Title ABLE Academy (CDS 13 -01) Building & Land Acquisition Page 20 of 26 r EXHIBIT "F" 16011 LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Section 104(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 ABLE Academy (CDS13 -01) Building & Land Acquisition Page 21 of 26 r be awarded to business concerns that Pp rovide economic opportunities for low- andle6 D 11 p t9 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. ABLE Academy (CDS 13 -01) Building & Land Acquisition Page 22 of 26 �f. 18. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 16011 19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations and specified by the following subsections: • Subpart A — General; • Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; • Subpart C — Post -Award Requirements, except for: • Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; • Section 84.23, Cost Sharing and Matching; • Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; • Section 84.25, Revision of Budget and Program Plans; • Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; • Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the following applies: • In all cases in which equipment is sold, the proceeds shall be program income (pro- rated to reflect the extent to which CDBG funds were used to acquire the equipment); and • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; • Section 84.35, Supplies and other Expendable Property • Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; • Section 84.52, Financial Reporting; • Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be four years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; • Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7); and • Subpart D —After-the-Award Requirements —except for 84.71, Closeout Procedures 20. 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. 21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. ABLE Academy (CDS 13 -01) Building & Land Acquisition Page 23 of 26 16011 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and /or mediation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20th Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 25. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and /or reduce the cost of said flood insurance. 27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. 28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. ABLE Academy (CDS 13 -01) Building & Land Acquisition Page 24 of 26 16011 In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. 29. The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the Drug - Free Workplace Act of 1988 (41 USC 701). 30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments, and Indian Tribes follow: • A -87 for Cost Principles • A -102 for Administrative Requirements Educational Institutions (even if part of a State or local government, ) follow: • A -21 for Cost Principles • A -110 for Administrative Requirements Non - Profit Organizations follow: • A -122 for Cost Principles • A -110 for Administrative Requirements 32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A -133, Audits of States, Local Governments, and Non - Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. 34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. 35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with ABLE Academy (CDS 13 -01) Building & Land Acquisition Page 25 of 26 16011 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 ABLE Academy (CDS 13 -01) Building & Land Acquisition Page 26 of 26 16p11 Grant # - B- 09 -UC -12 -0016 CFDA/CSFA# - 14.218 Subrecipient — Goodwill Industries of Southwest Florida, Inc. DUNS # - 152823662 FETI # - 59- 6196141 FY End 12/31 Monitoring Deadline 9/30/2018 AGREEMENT BETWEEN COLLIER COUNTY AND GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA, INC. THIS AGREEMENT is made and entered into this 14th day of May, 2013, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "Grantee ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "Goodwill Industries of Southwest Florida, Inc. ", a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at 4940 Bayline Drive, North Fort Myers, FL 33917. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) grant program Community Development Block Grant Program funds and the COUNTY expects to continue to receive entitlement funds from these grant programs to operate the COUNTY's housing and community development activities; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood /community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, each year, the COUNTY prepares a One -Year Action Plan detailing how it intends to allocate funds received from HUD to conduct eligible activities for the benefit of low and moderate - income residents; and WHEREAS, the Board of County Commissioners of Collier County approved various Collier County Consolidated Plans and Annual Action Plans for the CDBG Program; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised a substantial amendment on March 14, 2013 with a 30 -day citizen comment period from March 14, 2013 through Goodwill Industries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program Page 1 of 30 ED April 15, 2013; and WHEREAS, on May 14, 2013 the COUNTY year's Annual Action Plans providing CDBG funds Industries to provide a — Micro - Enterprise Program; and 16D11 approved substantial amendments to various in the amount of $32,949.00 to Goodwill NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: I. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: FY2009 -2010 Amended Action Plan identified and approved the project to Goodwill Industries for the following: Project Component One: Micro - Enterprise Program that will consist of two (2) 12- session -6- week business and management training courses. Project Component Two: Funding costs will include but not limited to the following expenses: Personnel, Operating, and consultant. Items identified for funding are outlined in the budget in Section III. All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate - income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 II. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the 14th day of May, 2013 and end on the 31th day of October, 2013. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. III. AGREEMENT AMOUNT The COUNTY agrees to make available THIRTY TWO THOUSAND NINE HUNDRED FORTY NINE DOLLARS AND NO CENTS ($32,949.00) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds "). Goodwill Industries of SW Florida, Inc. (CDS13 -02) Micro Enterprise Program Page 2 of 30 201 16011 The budget identified for the Micro - Enterprise Project shall be as follows: Line Item Description CDBG Funds Technical Assistance/Personnel Costs $ 10,000 Program Manager $ 10,000 520 hours Operating Expenses $ 6,574 Program Expenses & Supplies Student /Coach - Operation Jump Start Manual $ 3,250 25 Manuals @$1635/2 classes Student Kits - Includes: $ 300 Folders, pens, calculators, (each kit include supplies for 20 students) $150 per class, holding 2 classes Facilitator Manual $ 210 Operation Jump Start -1 manual @$105 per class /2 classes Facilitator /Coach Kits - $45X10 (8 coaches & 2 facilitators) $ 450 Student Tote for class -Totes to carry books & study supplies, $ 470 $11.75 per student with 20 students per class /2 classes Shipping & Handling $ 550 First class will need Shipping first -class 2 -day which is $394, the second class will be regular delivery Frames -$6.85 by 40 students $ 274 Paper -for class and graduation certificates $ 100 Name Tags -for speakers, students, facilitators, and coaches $ 200 Supplemental Books -E Myth: Why most small businesses $ 770 Don't Work & What to Do About it- (50copiesg$15.40 per copy /40 students) AdvertisingJMarketipg $ 5,950 Google Adwords - Search engine Advertising -$20 per day for $ 1,800 three months Collier Citizen - (weekly Collier County Newspaper) 8 weeks $ 1,800 at $200 /week: Advertise in the Spanish Radio Channel -4 weeks at $55 /week $ 2,000 Printed Materials- brochures, flyers, bag - stuffers at Goodwill $ 350 & Goodwill & Job Link Centers, Chamber of Commerce etc Travel for Personnel & Consultants $ 825 Mileage 1500 miles $0.55 /mile Consultants $ 9,600 Facilitator(s) -1 per class /2 classes $2,000 $ 4,000 Goodwill Industries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program Page 3 of 30 69 16D11 Coaches(s) -4 per class /2 classes $700 $ 5,600 TOTAL $32,949.00 Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between cost categories and activities shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a cost category and activity shall only be made with board approval. All services specified in Section I. Scope of Services shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of quarterly progress reports. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." The following table details the project deliverables and payment schedule: Deliverable Payment Schedule Project Component One: Micro - Enterprise Submission of monthly invoices and Program that will consist of two (2) 12- submission of supporting documents must session -6 -week business and management be provided as back up as evidenced by training courses and; i.e. sign in sheets, and additional Project Component Two: Funding costs documents as needed will include but not limited to the following expenses: Personnel, Operating, and Final 10% ($3,294.90) released upon consultant. documentation of 2 classes completed and a minimum of 40 persons served This funding will benefit a minimum of 40 N/A low- moderate income individuals in Collier County. Goodwill Industries of SW Florida, Inc. (CDS13 -02) Micro Enterprise Program Page 4 of 30 16011 Goodwill Staff will manage the creation and N/A maintenance of income eligibility files on clients served Submission of Quarterly Reports (attached N/A as Exhibit "D IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Rosa Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 mai Ito: RosaMunoz(f.bCollier og v.net 239 - 252 -5713 SUBRECIPIENT ATTENTION: Fred Richards, VP of Career Development Services Goodwill Industries of Southwest Florida, Inc. 4940 Bayline Drive North Fort Myers, FL 33917 mailto :fredrichardsggoodwillswfl.org 239 - 995 -2106 ext 2204 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 Goodwill Industries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program Page 5 of 30 16011 No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. C. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. D. AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to end date of this agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of the Agreement. Goodwill Industries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program Page 6 of 30 16D11 E. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and /or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. F. GRANTEE RECOGNITION /SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. G. TERMINATION In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; Goodwill Industries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program Page 7 of 30 16011 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). Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35. Goodwill Industries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program Page 8 of 30 ij VIII. INSURANCE 16011 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 Goodwill Industries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program Page 9 of 30 02r) 16011 Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 5. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. 6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15th day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed -upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D ". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and /or legislative amendments are enacted. Reports and /or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. Goodwill Industries of SW Florida, Inc. (CDS13 -02) Micro Enterprise Program Page 10 of 30 019 16011 D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. E. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy. Purchasing Threshold Policv Dollar Ran a $) Quotes Under$3K 1 Written Quote Above $3K to $10K 3 Written Quotes Above $I OK to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (IFB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and /or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. PROGRAM - GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c) in the operation of the Program. H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.3, the SUBREICPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. X. OTHER PROGRAM REQUIREMENTS Goodwill Industries of SW Florida, Inc. (CDS I3 -02) Micro Enterprise Program Page 11 of 30 G 16D11 A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty -one (5 1) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro - Americans, Spanish- speaking, Spanish surnamed or Spanish - heritage Americans, Asian - Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. PROGRAM BENEFICIARIES At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "D" of this Agreement. D. AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. E. CONFLICT OF INTEREST Goodwill Industries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program Page 12 of 30 �'7 16D11 The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest ", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.2000). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. Goodwill Industries of SW Florida, Inc. (CDS13 -02) Micro Enterprise Program Page 13 of 30 ��7 16011 IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person otr,4gent, hereunder set their hands and seals on this 14th day of May, 2013. ATTEST.: ,I , J� , I BOARD OFMUNTY COMMISSIONERS OF I Ik I DWIGIIT E,"RROC ��K: CLERK COLLIEJ-ROIJ I' RIDA T By: C '0 GEOR I LER, ESQ., CHAIRWOMAN Pant is t lot. Dated:. (StAL) GOODWILL INDUSTRIES OF SOUTHWEST FLORII)i INC. By: Fred Richards Fred Richards, VP of Career Development Services Subrecipient Name and Title Approved as to form and legal sufficiency: Jennifer S. White, Assistant County Attorney 2 Goodwill Industries ot'SW Florida. Inc. (CI)SI3-02) Micro I-I'merprise Program Page 14 of 30 61' 16D11 EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and /or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 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. Goodwill Industries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program Page 15 of 30 �7 r 16D11 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION /MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and /or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less that $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Goodwill Industries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program Page 16 of 30 1� EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Goodwill Industries of Southwest Florida, Inc. Sub recipient Address: 4940 Bayline Drive, North Fort Myers, FL 33917 Project Name: SWFL Micro - Enterprise Program Project No: CDS13 -02 Payment Request # Dollar Amount Requested: SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 16D11 $ $32,949.00 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have been followed. Authorizing Grant Coordinator Supervisor Dept Director Goodwill Industries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program Signature Date Title Page 17 of 30 (approval authority under $14,999) (approval required $15,000 and above) 16D11 EXHIBIT "C" RELEASE AND AFFIDAVIT FORM CONSTRUCTION ONLY The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713.02 Part 1 — Waiver or Release of Liens. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final) Request for Payment. Witness: BY: Services Print name and title STATE OF COUNTY OF Goodwill Industries of Southwest Florida, Inc. ITS: VP of Career Development DATE: The foregoing instrument was acknowledged before me this day of , 20_, by , as of A Choose Not - For - Profit, or Corporation or Municipality on behalf of Choose Not - For - Profit, Corporation or Municipality . He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: Printed) (AFFIX OFFICIAL SEAL) Goodwill Industries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program (Signature) Name: Notary Public, State of: Commission No.: Page 18 of 30 (Legibly EXHIBIT "D" QUARTERLY PROGRESS REPORT Sub - recipients: Please fill in the following shaded areas of the report Agency Name: Project Title: Micro- Enterprise Program 16011 Date: t#+t2312013'! 1 Please list the outcome goal(s) from your approved application & sub- recipient agreement and indicate your progress in meeting those goals since November 13, 2012. Goodwill Industries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program Page 19 of 30 2. 3. a. b. C. 16D11 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. El Yes If no, explain: Since October 1, 2012, of the persons assisted, how many.... 4. 1 What funding sources are a Section 108 Loan Guarantee Other Consolidated Plan Funds Other Federal Funds State / Local Funds Total Other Funds - Funds - Goodwill Industries of SW Florida, Inc. (CDS I3 -02) Micro Enterprise Program Page 20 of 30 C���J EXHIBIT "D" QUARTERLY PROGRESS REPORT Goodwill Industries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program Page 21 of 30 16D11 16011 s. What is the total number of UNDUPLICATED clients served this quarter, If applicable? a. Total No. of adult females served: 0 Total No. of females served under 18: 0 b. Total No. of adult males served: 0 Total No. of males served under 18: 0 TOTAL: 0 TOTAL: 0 C. Total No. of families served: 0 Total No. of female head of household: 0 s. What Is the total number of UNDUPLICATED clients served since October, if applicable? a. Total number of adult females served: b} Total number of females served under 18: 0 b. Total number of adult males served: 0 Total number of males served under 18: 0 TOTAL: 0 TOTAL: 0 C. Total No. of families served: 0 Total No. of female head of household: 0 Complete EITHER question #7 OR #8. Complete question #7 if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question #8 if any client in your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8. 7. 1PRESUMED BENEFICIARY DATA: 8. OTHER SENEFIC(ARY DATA INCOME RANGE Indicate the total number of UNDUPLICATED Indicate the total number of UNDUPLICATED persons persons served since October 1 who fall into served since October 1 who fall into each income each presumed benefit category (the total category (the total should equal the total in question #6) : should equal the total in question #6) : Report as: Report as: 0 Abused Children 0 Extremely low Income (0 -30 %) 0 Homeless Person O 'Low Income (31 -50 %) 0 Battered Spouses 0 Moderate Income (51 -80 %) 0 Persons w/ HK//AIDS 0 ,Above Moderate Income ( >80 %) 0 Elderly Persons 0 Veterans 0 Chronically/ Mentally ill 0 Physically Disabled Adults 0 Other -Youth TOTAL: 0 TOTAL: 0 r 9. Raeial & Ethnic Data: (if ap licable 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 Black/African American Q Asian 0 '' American Indian /Alaska Native 0 Native Hawaiian /Other Pacific Islander ! 0 American Indian /Alaskan Native & Whiter 0 Black/African American & White 0 Am. Indian /Alaska Native & Black/African Am. 0 Other Multi- racial ! 0 Other O TOTAL: 0 Name: Title: Goodwill Industries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program Page 22 of 30 of whom, how many are Hispanic? 0" of whom, how many are Hispanic? 0 ! of whom, how many are Hispanic? 0 ° of whom, how many are Hispanic? 0 of whom, how many are Hispanic? 0 I; of whom, how many are Hispanic? 0 of whom, how many are Hispanic? 0 ; of whom, how many are Hispanic? 0 =; of whom, how many are Hispanic? 0 of whom, how many are Hispanic? 0 TOTAL HISPANIC Signature: Your typed name here represents your a ec ronic signature 16D11 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 sign and date this form. -requirements, Sub recipient Goodwill Industries of Southwest Florida, Fiscal Year Name Inc. Period Total State Financial Assistance Expended during $ most recently completed Fiscal Year Total Federal Financial Assistance Expended during most $ recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A -133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as X indicated above and expect to complete our Circular A -133 audit by . Within 30 days of completion of the A -133 audit, we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A -133 because we: ❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year indicated above ❑ Are a for - profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. (IT tlnain s were notea, piease enclose a COPY of the responses ana corrective action Ian. Certification Statement hereby certify that the above information is true and accurate. Signature I Date Print Name and Title Goodwill Industries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program Page 23 of 30 16011 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 Goodwill Industries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program Page 24 of 30 \T� 16D11 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low- income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low- income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead - based paint hazards), housing construction, or other public construction project are given to low- and very low - income persons residing within the metropolitan area in which the CDBG - funded project is located; where feasible, priority should be given to low- and very low- income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low- income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located, and to low- and very low - income participants in other HUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 10. Contract Work Hours and Safety Standards Act, 40 USC 327 -332. 11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. 12. The Americans with Disabilities Act of 1990 13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 14. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c)). 15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. Goodwill Industries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program Page 25 of 30 r. 16011 16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 17. The SUBRECIPIENT agrees to comply with the non - discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non - discrimination provisions in Section 109 of the HCDA are still applicable. 18. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations and specified by the following subsections: • Subpart A — General; • Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; • Subpart C — Post -Award Requirements, except for: • Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; • Section 84.23, Cost Sharing and Matching; • Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; • Section 84.25, Revision of Budget and Program Plans; • Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; • Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the following applies: • In all cases in which equipment is sold, the proceeds shall be program income (pro -rated to reflect the extent to which CDBG funds were used to acquire the equipment); and • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; • Section 84.35, Supplies and other Expendable Property; • Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; • Section 84.52, Financial Reporting; • Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be four years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in Goodwill Industries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program Page 26 of 30 16011 which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7); and • Subpart D — After - the -Award Requirements —except for 84.71, Closeout Procedures 20.24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. 21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part IIl, 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. Goodwill Industries of SW Florida, Inc. (CDS13 -02) Micro Enterprise Program Page 27 of 30 oil, 16D11 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and /or reduce the cost of said flood insurance. 27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. 28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. 29. The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). 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 Goodwill Industries of SW Florida, Inc. (CDSI3 -02) Micro Enterprise Program Page 28 of 30 r �/� 16D11 (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. 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. Goodwill Industries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program Page 29 of 30 '.7r 38. Florida Statutes 713.20, Part 1, Construction Liens 39. Florida Statutes 119.021 Records Retention Goodwill Industries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program Page 30 of 30 16011 ��i Grant # - B- 12 -UC -12 -00196 CFDAICSFA# _, 14.218 Subrecipient — Naples Equestrian Challenge, Inc. DUNS # - 029483800 FET1 # - 20- 3571795 FY END -1 -31.13 Monitoring End -9 -30 -2033 AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES EQUESTRIAN CHALLENGE THIS AGREEMENT is niade and entered into this 14th day of May 2013, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY ") having its principal address as 3339 E. Tamiami Trait, Naples FL 34112, and the "Naples Equestrian Challenge ", a private not- for - profit corporation existing under the laws of the State of Florida, having its principal office at 206 Ridge Drive, Naples, FL 34108. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) grant program Community Development Block Grant Program funds and the COUNTY expects to continue to receive entitlement funds from these grant programs to operate the COUNTY's housing and community development activities; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and niodetate 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 eonditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, each year, the COUNTY prepares a One -Year Action Plan detailing how it intends to allocate funds received from HUD to conduct eligible activities for the benefit of low and moderate - income residents; and WHEREAS, the Board of County Commissioners of Collier County approved various Collier County Consolidated Plans and Annual Action Plans for the CDBG Program; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised a substantial amendment on March 14, 2013 with a 30 -day citizen comment period from March 14, 2013 through April 15, 2013; and WHEREAS, on May 14, 2013 the COUNTY approved substantial amendments to various year's Annual Action Plans providing CDBG funds in the amount of $520,000 to the Naples Equestrian Challenge, Inc. for Property Acquisition located at 182 Ridge Drive, Naples, FL 34108; and Naples Cquestrian Challenge, Inc. CDBG (CDS 13 -08) Property Acquisition Page I of 26 Re 16011 NOW, THEREFORE, in consideration of the mutual bencCts contained herein, it is agreed by the Parties as follows: I. SCOPE OF SERVICES The Si_ BRECiPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG i:unds, as determined by Collier County Housing, Human. and Veteran Services (1-11-iVS), perform the tasks necessary to conduct the program outlined as follows: 7'he FY 2012 -2013 Annual Action Plan identified and approved this project to Naples Equestrian Challenge, inc. for the following: Project Component: Acquire property located at 182 Ridge Drive, Naples FL, Parcel 1'67185040009. Specifically, improvements Identified for Funding are outlined in the budget in Section iii. All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate- income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 H. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the 14th day of May, 2013 and end on the 31st day of October, 2013. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CID136 assets, including prograrn income. Ill. AGREEMENT AMOUNT The COUNTY agrees to make available FIVE HUNDRED AND TWENTY THOUSAND DOLLARS (5520,000) for the use by the St1BRECIPiENT for PROPERTY ACQUISITION during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "I'tinds "). The SUBRECiPIENT project budget shall be as follows: I ^T Line Item Description CDBG Funds Pro crty Acquisition located at 182 IZidge Drive, Naples FL $520,000 TOTAL - - -- — $520,000 Modifications to the "Budget and Scope" may only be made if approved in advance, Budgeted fund shifts between cost categories and activities shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a cost category and activity shall be made with board approval. Nap)cs L'quovian Challenge. Inc. ('0I1G (CDS 13.08) Propert), Acquisition Page 2 of 26 LA 16011 All improvements specified in Section 1. Scope of Services shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPTENT and monitored by 1- 11 -IVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRI:-CIPII NT for (lie performance. of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of quarterly progress reports. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIINT is not yet prepared to send the required backup, a $0 invoice will be re(Juired, Explanations will be required if two consecutive Months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Final invoices arc clue no later than 90 days after the end of the agreement. Work performed during the term ol*the program but not invoiced within 90 days without written, exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by I-IT -TVS for grant compliance and adherence to an), and all applicable local, state or Federal requirements Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." The lollop wing table details the project deliverables and payment schedule. ;Deliverable Payment Schedule Properly Acquisition Reimburse for allowable expenses for property acquisition. Supporting documentation including but not limited to closing documents,apprai sal, survey and HUD settlement statement must be submitted liar reimbursement A minimum of 200 low and -- N/A moderate income persons per year as evidenced by submission ofthe Exhibit D quarterly until 2033 Income qualification N/A activities for paiiieipants who will be LMI persons; 5 1 % of'persons served must fall at or below 80% of AMI Inventory; As evidenced by annual property appraiser records and property insurance N/A Naples Iqucstrinn Challenge, Inc. 01)116 WDS 13 -08) Vroperq Acquisition Page 3 of'26 CA () IV. NOTICES 16D11 Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means, Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Sandra Marrero, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 (239)252 -2399 sandrannrrero (ir;;colliergov,r)et SUBRECIPIENf ATTENTION: Kim Minarich, Executive Director Naples Equestrian Challenge 206 Ridge Drive Naples, FL34108 (239)596 -2988 kminarich a naplesequestrianclnallenge.org V. ADDITIONAL CONDITIONS AND COMPENSATION "['he 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 ofsaid 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 liabitity to SUBRECIPIENT under the terms of this Agreement. V1. GENERAL, CONDITIONS A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNT "Y, which consent, if given at all, shall he at the COE1N'11 "s sole discretion and judgment. 1.3. 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 Naples F(Itiestrimi Challenge. Ine. Clmci(c )s 13 -08) Froperty ACLjLJisiliun Page 4 of 26 DA� 16D11 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 CI=R 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating; the review process tinder the provisions of 24 CFR fart 52. The SUBRECIM NT 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 Rinds available under this Agreement to supplement rather than supplant funds otherwise available. C. INDI;PLNDENT 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 in "independent contractor" with respect to the services to be performed tender this Agreement. unless otherwise provided by the Scope of Services, the Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, li!'e and /or medical insurance and Workers' Compensation Insurance, as the SUBR13C1PiENTI' is an Independent contractor. D. AMENDMENTS The COUNTY or SU13REC:IPIENiT 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 COUNITY 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 SI..JBRIsC1PIENT. 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. iNDIMNIFIC.`AT'ION 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 wronglul 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 SUBRh,CiP1ENT 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 Naples Equislriun Challenge, Inc, (.1 )13(; (C:1)S 13 -08) 111opr1.1Y Acquisiliun Page 5 of 26 ��9 r 16011 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 R�rth in Section 768.28, h7oridu Statutes. I". GRANTEE,' I2FICOGN IT] ON /SPONSORSHIPS The SUBRi CIPILNT 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 SUBRECIPII NT Im on behalf of, and /or about the Program shall include the statement: "FINANCED 13Y U.S. DEPARTMENT OF i-IOUSI.NG AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPAR'T'MENT" and shall appear in the same size letters or type as the name of the SUBRI CIPIENT. This design concept is intended to disseminate key infformation regarding the development team as well as Equal 1-f.ousin; 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 S1 1:3RI:C'1PILNT materially fails to comply with any terins of this Agreement, which include (hut are not limited to), the following; 1. I a1luire 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 Agreen.)ent; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIEN'T to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CPR 85.44, this Agreement may also be tenminated for convenience by either the Grantee or the SUBRLCIPII: N'T, 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. Naples F..qucstrian Challenge. inc. C'DBG (C'1)5 13.O8} Propeny Arquisilk'n Page C of 26 CAS 16D11 % /H. 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 St!BR1::CIPIENf 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 COUN'i'Y's right (nor excuse SUBRECEIP,IENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary, Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the SUBRECIPIIENT 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. 11' not used in accordance with the above subsection (a) the SUBR.ECIPIENf 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' of improvements to, the property. No payment is required after the period oftime specified in subsection (a). Title to equipment acquired by SUBIZEC[PlENT shall vest with the SUBRI CIPIENT, subject to the conditions outlined in 24 CFR 84.34. "title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35. VIII. iNSU.RANCE SUBRECIPII. NT 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 SUBRf_CiPiENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements or 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 RI;CORDKF.EPING All records required by CDBG. 2. All reports, plans, surveys, information, documents, maps, books, records and other data Naplcs E(ILICsu-ian Challenge, Inc. (I)13o (0)s 13 -Q8) Properly A qui;iUan Page 7 of'26 CO 16D11 procedures developed, prepared, assembled, or completed by the SUBRECIPIIENT for the purpose of" this Agreement shall be made available to the COUNTY by the SUBRECIPiENT at any time upon rUquest by the COUNTY or ITHVS, 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 (his Agreement, including matching funds and Program Income. These records shall be maintained to (he 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 Tor 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 Hi IVS if requested. In any event the SUBREWIENT 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 %vith the following exception: if any litigation, claim or audit is started before the expiration date ol' the f011r (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 alter closeout of this Agreement of the address where the records are to be kept as outlined in 24 Ci'R 85.42, 4, The SIJBRI- CIPiEN 'I' shall maintain records showing compliance with the Davis -Bacon Law, including tiles containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross- referencing. SUBRECIi'IENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBR.ECI_PIiNT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation, The SUBRL'CIPiE'NT 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. Tile SUBRECIPIIENT agrees that I- I1-IVS shall be the final arbiter on the SUBRF:CIPiENT's compliance. The SUBRl,:-I'CIPjF,NT shall document how the National Objcctive(s) as defined in 24 CF'R 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. RETORT'S 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 rccessary by the County Manager or designee. During (lie term, SUBRICIPIENT shall submit quarterly progress reports to the COUNTY on the 15t1i day of January, April, July and October respectively for the prior quarter period end. As part of the report subrllitled in October, the SUBRECIPIFXF also agrees to include, a comprehensive final report covering the Z Program objectives, activities and expenditures and including, but not limited to, performance data Miplcs EgU-11 -ian Challenge, Inc. CDRG (CDS 13-08) Propert) Ac(Iuisilion Page 8 of 26 CA( 16D11 on client feedback with respect to the goals and objectives set forth in Exhibit "D ". Exhibit "D" contains an example reporting Corm 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 1.or default and termination of this Agreement. During the term, SUBI1 ECIPIiiNf 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 SliMF0PIENT agrees that HHVS will carry out no less than one (1) annual on -site monitoring visit and evaluation aCtlVlhes 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 SUBRI CIPIENf 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 SL!BRI:CIPIENT shall allow HHVS or HUD to monitor the SIJBRECIPIENT 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 finds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities, L. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy. Purchasing'I'hreshold Policy Dollar Range ($ _ Quotes Under $3K 1 Written Quote Above $3K to $ I OK 3 Written Quotes _ Above. $ l OK to $50K _ 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (1FB) AUDIT'S AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and /or its representatives) may deem necessary, the SUBRECIPiENf shall make available all records, documentation and any other data relating to all matters covered by the Agreement Im- review, inspection or audit. G. PROGRAM - GENERATED INCOME Any "Program Lncome" (as such term is defined under applicable Federal regulations) gained from any activity of the S[.JBRI:CIPIE`NT funded by CDBG f.'unds 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. Naples liquestrian Challenge, Inc. ci)[10 (Ct)s 11 -()8j Nopcil..AcLlnisliiOm Page 9 of 26 16D11 1 -1, GRANT CLOSEOUT PROCEDURES SUBRI CiPIENT'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, O"TIIER PROGRAM REQUIREMENTS A. OPPORTUNE l S FOR RESIDENTS AND CIViL 1UG1- TS COMPLIANCE The SUBREC11'II NT agrees that no person shell 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 COUN fY 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 SUBRE?CIPIENT will use its best efforts to afford small businesses, minority business enterprises, and \vomen's business enterprises the maximum practicable opportunity to participate in the performance of this contact. 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 SUBRECIPiINh may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. PROGRAM BLNEFICIARIES 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. Naplr r:(luestrian Challenge, Inc. C[)t3C; (C'DS 13.08) Property Acquisition Page 10 of 26 r(- `" 7 D. AH"IRMATiVE ACTION PLAN 16D11 The SUBRMPIENT 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 1?xecutive. Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the Si JBRI=CiPIENT to assist in the formulation of such program. The SUBRICIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. E. C:ONFI..ICT OF INTFIREST 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 SUBRECiPI) NT. The SUBRCCIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 " Conllict 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 IIIM 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 mode rate- income residents of the project target area. X1. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CPR 570.2000), The SUBRECIPIEN'h shall comply with First Amendment Church/SLate principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion C. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements, XII. SEVERAWLITY 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: Napleti Lquesuifin Challenge. Inc. C'DR6 (CDS 13 -08) t'ropeji, Acquisition Page 11 of'26 lA 16011 IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 14th day of May, 2013. ATTEST"' BOARD OF CO C M ISSIONERS OF OUf , TY T� D4 IC E.�j4kocK,' C-'LERK COLLIER C DA By: GEORGIA A., M.W10OW41',�L11- Naples Equestrian Challenge, Inc, By: Kim Minarich Kim Minarich, Executive Director Subrecipient Name and Title Approved as to form and legal sufficiency: Jennifer IF White, Assistant County Attorney Il? Naples Equestrian Challenge, Inc. CDB(; K- DS 13-08) Property Acquisition Page 12 of 26 16D11 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: Wor'lwrs' Compensation as required by Chapter 440, 17 1orltlu Statutes. 2. Commercial Gcneral 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. D1_S1GN STAGE (Ir 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 /$1,000,000 aggregate providing for all sums which the SUBRECIMENI' and /or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIF'NT or any person employed by the SUBIZLCIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certiticate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRI -1 ]ON PHASE (11= APPLICAM,r..) In addition to the insurance required in I — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: S. Completed Value Builder's Risk Insurance on an "All Risk" basis in an. amount not less than one hundred (100 %) percent of the insurable value of the building(s) or stnrcture(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C, 4001), the Subrecipicnt shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FNMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance liar acquisition or construction purposes (including rehabilitation). Wailes Equestrian 01,111engc. Inc. CUBE i DS 13 -I)$) Propertp Acquisition Page 13 of 26 C ., rl 16D11 OPLIRA hi(-)N /i i\\'A(.;F: \,u N-r PI[ASE (IP APPLICARLS) :'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, Flori&i Slalutes. b. Commercial General Liability including products and completed operations insurance in the amount of $ 1,000,000 per occurrence and $2,000,000 aggregate, Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less that $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100 %) of the replacement cost oi'the property. Collier County must be shown as a Loss payee with respect to this coverage 11, Flood insurance coverage for those properties found to be within a flood hazard zone for the hill replacement values ofthe 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.1.M.A. Naples k;qucstrian Challenge, Inc. ('lll3(i (CDS 13 -01) Property :Acquiskion Page 14 of 26 EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION 1: REQUEST FOI2 PAYMENT Sub recipient Name: Naples Equestrian Challenge Inc. Sub recipient Address: 206 Ridge Drive, Naples FL 34108 Project Name: -----Property Acquisition---___ -- Project No: CDS13 -08 Payment Request 4 Dollar Amount Requested: S SEC'T'ION 11: STATUS OF FUNDS 16D11 1. Grant Amount Awarded $ _ $520,000 2. Sinn of Past Claims Paid on this Account $ 3. Total (irant Amount Au'ardcd Less Sum Ot' Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests — 5. Amount of l'oday's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum ofall requests) $ 1 certliv that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUN'T'Y and us, as the SUBRECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Authoriing Grant Coordinator Supervisor Dept Director J NapIcs 1 {cµiestrian Challenge, Inc. ('0136 WDS 13 -08) Propoly ;acquisition Signature Date Title (approval authority under $14,999) (approval required $15,000 and. above) Page 15 of 26 C:,1t 1601y EXHIi3IT "C" RELEASE AND AFFIDAViT FORM CONSTRUCTION ONLY The SUBRECIPIEN "i` certifies for itself and its contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for %which COUNTY might be sued or for which a lien or a demand against any payment bond might be tiled, have been satisfied and paid, This document is in compliance with Florida Statutes Chapter 71102 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: 13Y: Print name and title STATI-' OF COUN'T'Y OF Naples Equestrian Challenge, Inc. BY: ITS: Executive Director DATE: The I'orcgoing instrument was acknowledged before me this day of 20J, by as of A Choose Not - For - Profit, or Corporation or Municipality on behalf of Choose Not -For- Profit, Corporation or Municipality fie /She is personally known to me OR has produced _ as identification and who did (did not) take an oath. My Commission Expires: ( / \FFIX OFFICIAL SEAL,) Naples Equestrian Challenge. inc. CD13Ci (C-DS 13 -(18) Property Acquisition (Signature) Name: (Legibly Printed) Notary Public, State of: _ Commission No.: Page 16 of 26 ,t..11 16D11 EXHIBIT "D" QUARTERLY PROGRESS REPORT Sub - recipients; Please fill in the following shaded areas of the report Telephone Number: 239= 596 -2988 ❑ ❑ D O `REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 7/31113 10/31/13 Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of May 14, 2013. Please list the outcome goal(s) from your approved application & sub - recipient agreement and Indicate your progress In meeting those 1. goals since May 14, 2013. Is this project still in compliance with the original project schedule7.lf more than 2 rnonths behind 2. for approval. Naples Eciticsuiun Challenge, Inc. ('I)I',Ci (('1)S 13 -Q$) Property Acquisition Page 17 of 26 :hedule, must submit a new time! 16011 o �, Yes No If no, explain: Naples l."questrian Challenge. Inc. ( IMG (CDS 13-08) Property ACtjLli�itiOln Page 18 of 26 16011 EXHIBIT "D" QUARTERLY PROGRESS REPORT 5. (What is the total number of UNDUPLICATED clients served this quarter, )rappticable7 a. Tolal No Of adult females served ".0t s Tolal No of lemalas serval under 18 ; :' ?; :D ." b, Total No. of adult males served "'�0 Total No Of rnalas servad under td 0 TOTAL; 0 TOTAL: 0 C. Tolat No of Is tes servea 0 Total Na Of lemafa head or househaa 0 e. What is ilia total number of UNDUPLICATED clients served slnca October If applicable? A. Total numoor of adult females servacl.,..,��0 Total number of fomales served under 18: b. Tolat nomf e: o' acL't males servea A Tuialnumbef Of Rl:f!CS served lYlda/ 18 ...p.i: TOTAL: 0 TOTAL: 0 C. Total No of famlres served 10 Total No of female head of household. Conplelo EITHER question R7 OR a8, Complete queslior,!I it yas program old servas ct ants in One or more of the (sled HUD Presumed Ben&il Calegones. Complete question p8 it any client in yew program does not fall into a Presumed Benefit category . DO NOT COMPLETE BOTH QUESTION 7 AND 8. 7. PRESUMED BENEFICIARYDATIL- 8. OTHER:'$ ENEFICLAFiYDATA:INCOMER.AkGE'i .. Indicate the loyal numuef of LINDU LrATeo persons served since October i who fall Into Indicalo the total number of UhMeLCAiEO persons asch presumed benefit category he folat served since October 1 who fall Into each inconn g ry h sriordd aqua! Inc taaf 11) question N8); category (the fofat should equal the total in question ir6); Roporl as: Report as: 0 FUus Dd Chrcran .0:':' Extremely low Income (0.30 %) 0 homeless Person : ::p :; =. Lox Income (31.50%) : -0 Balle /ed Spouses :0.'. :' Ivbdera(e incomo (61-80%) 0 : Persons wr HN/AIDS 0 Move Nloderaw Income ( >80 %) 0 Eberly Persons velera:ls 0 Chronically/ Nlerttarly ill 0 Physically O:sabLa Acim-s TOTAL! _ . 0 - TOTAL: 0 9. Rac let &EthnlcData: (IfappBr:allle) 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 themselyes Hispanic (Total Race column should equal the total cell). RAGE ETHNICITY Wh to :` ; of whom. how many are Hispanic? Black/African American 0 0 of whom, how many are Hispanic? Asian of wiwm, how many are Hispanic? Anocican Indian/Naska Native p :p ; o(whom, hay teeny are Hispanic? Naive HawaiaNOOwr Pacific Islander 0 5 0 of whom, how marry are Hispanic? American tnd— liAlaskan Native 8 White p 0 of whom, hay many ere Hispanic? B leck/Alrcan American 8 White of whom, haw many a,e Hispanic? Am. IndarvAlasP. a Native 8 Blae010 ican Am Q -. .,q.;;` of whom, hoot many are Hispanic? Utrx,r NkAli race! p 9 of whore, hww many ate Hispanic -P Olhw 0'" 0 of whom, hov many are Hispanic? TOTAL: ---k— _0 TOTAL HISPANIC Name I file Naples Equestrian C'hal)cHgc. Inc. (I)(36 ((:f)S 13 -08) I'roperq , - \�yui itinll Page 19 ol' 26 Signature our ype name ere fepreserits your ei ac ovc signature EXHIBIT r 16DII ANNUAL AIJi)t,r MONITORING REPORT TOMB Circular A -133 Audits of States, Local Governments, and Non - Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Sub recipient Fiscal Year Name I.Naples Equestrian Challenge, Inc Period Total State Financial Assistance Expended during $ most recently _completed Fiscal Year _ _ Total Federal Financial Assistance Expended during most $ recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federallstate expenditure threshold for our fiscal year ending El as indicated above and have completed our Circular A -133 audit. A copy of the audit report and mans ernent letter is attached. rWe exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as I indicated above and expect to complete our Circular A -133 audit by Within 1 ❑ 30 days of completion of the A -133 audit, we will provide a copy of the audit report and management letter. t _ We are not subject to the requirements of OMB Circular A -133 because we; i ❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year indicated above I ❑ Are a for - profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. (If findings were noted, please enclose a copy of the responses ana corrective action piian. _ Certification Statement I hereby certify that the above information is true and accurate. Signature I Date Print Name and Title Naples li(iucsu•ian CIMIICm�e. InC. CDBG (CDS 13-18) Properly Acquisition Page: 20 Of 26 ccll` 16011 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 (C'L)BCi) funds. 2. 24 CM 58 - The regulations prescribing the Environmental Review procedure. 3. Section 104(b) and Section 109 of Title. i of the i lousing and Community Development Act of' 1974 as amended 4. 'title VI of the Civil Rights Act of 1964 as amended, Title V111 of the Civil Rights Act of 1968 as amended 5. 24 CPR 570,601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. l-"xeCL11iVe 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 I..abor regulations. 7. Title VI I of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC S 2000e, e/. seq. The SUBRECiPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affinnative 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 SUBRF.,CIPIENT and any of the SU13RECiPIENT's Sub- recipients and subcontractors. Failure to fulfill these requirements shall subject the COON 'l'Y, the SUIBRECIPiENT 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 SUBRECIPIEWl' 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 Naples I'questrian C hAlcnge. Inc. CI)BG (CUS 13 -08) Pmperiy AcquisHion Page 21 of 26 t_ rti(t' 16DII 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 St)"BR .CIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rchabihtation (inclUdlnb reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- a.nd 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 F -ILD programs, The SUBRL CIPIEN'1' certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance Nvith these requirements. 9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive. Orders 11375, 1.1478, 12107 and 12086. 10, Contract Wort: i lours 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 -Baron Act, HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USG 276a and 24 CFR 135.11(r)), 15. I- Aecutive 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 SUBREC1PIl;NI' 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. Naples F:qucsU'ian CN1110nge, Inc. CDIR; (CDS 13 -08) 1'roperly ;acquisition Page 22 of'26 16D11 18. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 19, 24 CFR 84 - Uniform Administrative. Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations and specified by the following subsections: • Subpart A -- General, • Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; • Subpart C — Post -Award Requirements, except for: o Section 84.22, Payment Requirements - Grantees shall follow the standards of 85,20(b)(7) and 85.21 in making payments to SUBRE;CIPIEN'T's; o Section 84.23, Cost Sharing and Matching, o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIEN"I's shall follow 570.504; o Section 84.25, Revision of Budget and Program Plans; o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; o 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 • E:quipment not needed by the SUBREC[PIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; a Section 84.35, Supplies and other Expendable Property o Section 84.51(b), (c), (d), (c), (f) and (h), Monitoring and Reporting Program Performance; o Section 84.52, Financial Reporting; o Section 84,53(b), Retention and .Access Requirements for Records. Section 84,53(6) applies with the follov ing exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be four years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570,503(b)(7); and • Suhpart D -- After- the -Award Requirements ­ except for 84.71, Closeout Procedures 20. 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and I.,ocal Governments shall be toliowed for sub recipients that are governmental entities. 2I, 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 tenninate this agreement immediately. Naples FijuesUian Challen(le, Inr, CDBG (C -DS ) 3 -U8) Plopcn\ Acquisition Page 23 of 26 16D11 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. 213. Order of Precedence - h1 the event of any conflict between or among the terms of any of the Contract Documents, the teems 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 wha %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 cetlified 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, 1-7orido Srafures. The litigation arising out of this Agreement shall. be Collier County, Florida, if in state court and the US District Court, 20`I' Judicial Court of Florida, if in federal court. BY INTIRING INTO THIS AGR1?EMEN`F, COLLIER COUNTY AND THE SUBRECIPIENT EXPRI?SSLY WAIVE ANY RIGHTS E:.ITHF,R PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RF'LA FED TO, OR ARISING OUT OF. THIS AGREEMENT. 25. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, el seq. b, Federal Water Pollution Control Act, 33 USC 1251, el seq., as amended, 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FF:MA as having special flood hazards, flood insurance under the National Flood insurance Program is obtained and maintained. If appropriate, a letter of trap 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 SlJBRECiPIENT agrees to comply with the historic Preservation requirements set forth in the National I listoric 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 I- listorie Properties, insofar as they apply to the performance of this agreement. Naples Equestrian Chullcngr Inc. CDN; (CD) 13 -08) r>roperly AC(ILl1.11i0n Page 24 of 26 r 16011 in general; this requires concurrence iron 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 -tree workplaces in accordance with the Drug - Free Workplace Act of 1988 (4l USC 701). 30. The SUBREC:;IPIENT 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 afrecs 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 I'ducational Institutions (even ifpart of State or local government) follow: • A -21 for Cost Principles • A -1 10 for Administrative Requirements Non - Profit Organizations follo>v: • A -122 for Cost Principles • A -1 10 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 SUBIZECIPIENT'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 art audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24,101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property, Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of 525,000, must adhere to the CDBG Regulations at 24 CFR 570.505. 34. As provided in § 287.133, Mor'ida Wtwes 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 in employee of a Member of Congress in connection with Naples I ?yLICS16an Challenge, Inc. CDBG (C'I)s 1.3 -08j Property Acgiikidon Page 25 of-26 16011 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 o3 employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- L,L.,L,, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, contracts under grants, loans, and cooperative agreements) and that all SUBRI CIPIENTS 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, 1 19.021 Records Retention Naples I:.qucstrian ChitIICngc, Inc. CDRG (Cr)s Ii -m Prroperip Acquisition Page 26 of 26 16D11 Grant # - B- 11 -UC -12 -0016 CFDA /CSFA# - 14.218 Subrecipient — The Shelter for Abused Women & Children, Inc. DUNS # - 836_6_80769 FETI # - 59-2752895 FY END -6 -30 Monitoring Deadline 9 -30 -18 AGREEMENT BETWEEN COLLIER COUNTY AND THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. SHELTER IMPROVEMENTS AND UPGRADES THIS AGREEMENT is made and entered into this 14th day of May 2013, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "The Shelter for Abused Women & Children, Inc. ", a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at 2635 Weeks Avenue, Naples, FL 34112. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) grant program Community 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 (CC)BG) hands 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 residcnts; and WHEREAS, the Board of County Commissioners of Collier County approved various Collier County Consolidated Plans and Annual Action Plans for the CDBG Program; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised a substantial amendment on March 14, 2013 with a 30 -day citizen comment period from March 14, 2013 through April 15, 2013; and WHEREAS, on May 14, 2013 the COUNTY approved substantial amendments to various year's flic Shciter ror Abuscd \Women & Children. Inc. CD136 (CDS 13 -06) Shelter improvements and Upgrades Page I of 28 16011 Annual Action Plans providing CDBG funds in the amount of 5174,990 to The Shelter for Abused Women & Children, Inc. for Shelter Improvements and Upgrades at 2635 Weeks Ave, Naples, FL 34142; and NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is• agreed by the Parties as follows: L SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG funds, as determined by Collier County Housing, Human and Veteran Services (I-If IVS), perform the tasks necessary to conduct the program outlined as follows: The FY 2011-2012 Annual Action Plan identified and approved this project to The Shelter for Abused Women & Children, Inc. for the following: Shelter Improvements and Upgrades: Project Component 41: To include all costs associated with the purchase, installation, removal, and disposal of flooring to the residential, counseling, security and administrative areas which may include carpeting or vinyl flooring. Proiect Component 92: To include all costs associated with the purchase, installation, removal, and disposal of equipment in the security office to include the following: • 'Two 24-inch televisions for use as camera monitors- to be secured to the building. • Two 39-inch televisions for use as camera monitors- to be secured to the building. • One air conditioning unit to be wall mounted and secured to building to include installation and wiring Project Component 43: To include all costs associated with the upgrade of the existing HVAC Air Flow system to bring it up to NADCA standards to include purchase, installation, removal, and disposal including: • Fogging with oxine fungicide • Sealing with robotic encapsulate • Adding Ultra Violet light system to all 26 air handlers Project Component #4: To include all costs associated with upgrading the existing Security System at the emergency shelter to include but not limited to: • Nine cameras- to be secured to the project site Project Component #5: To include all costs associated with the purchase and installation of a security camera system for the transitional housing cottages to be The Shelter for Abused Women & Children, Inc, C'DBG (CDS 13-06) Shelter improvements and Upgrades Page 2 of 28 secured to the site, 16011 k1piqp1Corn1)onent 46- Environmental review and/or assessment related activities Specifically, improvements identified for funding are outlined in the budget in Section 111. The detailed project scope will be contained in the schedule of values awarded. The project's invoices will include details sufficient to document the number, ainoutit and costs associated with all activities for payment. All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate - income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 11, TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the 14`h day of May, 2013 and end on the 31st day of October 2013. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional tine period during which the SUBRECIPIENT remains in control of CDBG funds or other CDB(j assets, including program income. 111. AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED SEVENTY FOUR THOUSAND NINE HUNDRED NINETY DOLLARS and 00/100 ($174,990) for the use by the SUBRECIPIENT for SHELTER IMPROVEMENTS AND UPGRADES during the Term of the Agreement (hereinafter, the aforestated arnount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the -Funds"). The SUBRECIPIENT project budget shall be as follows: Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between cost categories and activities shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% ofa cost category and activity shall be made with board approval. All improvements specified in Section 1. Scope of Services shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COT-JNTY and the Shelter for Abused Women A, Children, Inc. CDBG (IMS 13-06) Shelter Improvements and Upgrades Page 3 of 28 (C 3T, Line Item Description CDBG Funds Project Component #1- Floorin g $116,225 Project Component #2-Equipment Security Office $ 8,015 Project Component #3-HVAC $-32,000 Project Component #4-Security system at Shelter $ 16,000 Project Component #5-Security System Cottages $ 2,000 Project Component #6-Environmental $ 750 TOTAL $174,990 Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between cost categories and activities shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% ofa cost category and activity shall be made with board approval. All improvements specified in Section 1. Scope of Services shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COT-JNTY and the Shelter for Abused Women A, Children, Inc. CDBG (IMS 13-06) Shelter Improvements and Upgrades Page 3 of 28 (C 3T, 16011 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 III IVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of quarterly progress reports. Invoices for work performed are required every month. If no work has been performed during that month, or ifthe SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Fxplanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." The following table details the project dellverables and payment schedule. Deliverable Payment Schedule Project Component 9 1- Submission of monthly invoices oil AIA Flooring G702-1992 form or equivalent document. Final 10% ($11,622.50) released upon documentation of Flooring complete. Supporting proof of payment documents must be provided as backup. Submission of monthly invoices on AIA Project Component 42% Equipment Security Office G702-1992 form or equivalent document. Final 10% ($801.50) released upon documentation of Equipment purchased and I installed, Supporting proof of payment documents must be provided as backup. Project Component #3- Submission of monthly invoices on AIA HVAC G702-1992 form or equivalent document. Final 10% ($3,200) released upon documentation of HVAC system upgrades complete. Supporting proof of'payment documents must be provided as back up. Project Component #4 Submission of monthly invoices on AIA Security System at the Shelter G702-1992 form or equivalent document. Final 10% ($1,600) released upon documentation of Security system upgrades complete. Supporting proof of payment documents must be provided as back up. Project Component 95 Submission of monthly invoices on AIA Secirrit},, System at Cottages G702-1992 form or equivalent document. Final 10% ($200) released upon documentation of Security system upgrades complete. Supporting proof of payment documents Must be provided as back up. The Shelter Cot AhUsed Women & Children. Inc. CDF3G WDS 13-06) shelter Improvements and Upgrades Page 4 of 28 (C- D Project Component 46 Proof of approved environmental clearance Environmental Individuals Served N/A Proof of a minimum that 1000 persons are served via exhibit D submitted quarterly Inventory' Submittal of asset NI/A inventory for equipment purchased — submitted I annually IV. NOTICES 16011 Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Sandra Marrero, Grants Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 (239)252-2399 sandramarrerw .collicrgov.net S [A3 R EC I PI 1'. NT ATTENTION: Marci Sanders, Director of Operations The Shelter for Abused Women & Children, Inc. 2449 Weeks Ave Naples, Fl- 34142 (239)280-1350 msandersgnapiessheiter.org V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and lit' 'D 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 StJJBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and for County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. the Shelter for Abused Women & Children, Inc. CDBG (CDs 13-06) Shelter linprovenicnis and Upgrades Page 5 of 28 VI. GENERAL CONDITIONS A. SUBCONTRACTS 16D11 No part of this Agreement may be assigned or subcontracted without the written consent of the C()t.1NTY., which consent, it'given at all, shall he at the COUNTY's sole discretion and judgment. B. GENERAI..., 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 tinder this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. C. INDEPENDENT CONTRACTOR Nothinp, contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship ofemployer/eniployee between the parties. The SUBRECIPIENT shall at all times remain an ``independent contractor" with respect to the services to be performed under this Agreement. Unless otherwise provided by the Scope of Services, the Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. D. AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to end date of this agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If Such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If'thc 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. The Shelter for Abused Women & Children, Inc. CM36 (CDS 13-06) Shelter Improvements and Upgrades Page 6 of 28 E. INDEMNIFICATION 16011 To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and /or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of'Collier County. The foregoing indemnification shall not constitute a waiver ol'sovercign immunity beyond the limits set forth in Section 768.28, Florida Statutes. Z7 1=', 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 S t I BREICIPIENT 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; 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 II he Shelter for Abused Women & Children, inc. ('DBG (CDS 13-06) Shelter finproxernents and Upgrades Page 7 of 28 ll 16011 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. V11. REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the S[.'BRECIPIl-1'NT 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 titre of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's obllgat'1011) to recoup all or any portion ofthe 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 CT)T3G funds provided to the SUBRECIPIENT in the form of a loan) in excess of 525.000 as outlined in 24 CFR 570.505 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.901) until five (5) years after expiration of the term of this Agreement or for such longer period of time as determined to be appropriate by the COUNTY and as memorialized by the COUNTY and the SUBRECIPIENT in an amendment to this Agreement or such instrument as the COUNTY at its discretion determines appropriate; or b. If not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of or improvements to., the property. No payment is required after the period of time specified in subsection (a), Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35. VIII. INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. IX. ADMINISTRATIVE REQUIREMENTS A. EXAMINATION OF RECORDS 'I'lic Shelter for Abused Women & Children, Inc. CD136 (CDS 13-00) I,Oielii'r linpro%ernents and Upgrades Page 8 of` 28 NO 16011 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 CDRG. 2. All reports, plans, surveys, inforniation. documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRLCIPlENT 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 ,,vitli 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 tiles 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. REPORT'S AND LVALUATIONS (MONITORING) I he Shelter lor Abused Women & Children, hic, ( DBG (C-DS 13-06) shelter Improvement~ ovenients and I Jpgrades Page 9 of 28 16011 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 tenn. SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15'h (lay of January, April, Jul), 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 lice of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of IIIIVS, submit information and status reports required by HHVS or HUD to enable IIIIVS 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 REQUIRLMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities, F. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy. Purchasing Threshold Dollar Range (S) Under $3K Above $3 K to $ I OK Above $I OK to S50K ! Above $50K The Shelter for Abused Women & Children, Inc, CDBG (CDs 13-06) shelter Improvements and Upgrades Page 10 of 28 1 Written 3 Written 3 Written Request for Proposal (R,FP) Invitation for Bid (11`13) 16011 AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may decrn necessary, the SUBR-12CIPIENT shall make available all records, documentation and any other data by relating to all matters covered the Agreement for review, inspection or audit. Z, I 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. 11, GRANT CLOSEOUT PROCEDURES StJBRECIPIENT'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. OPPORTITNITIES 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 COt1NTY shall have the right to ten-ninate 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 LNTLRPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximurn 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 he Shc1ter tor Abused Women & Children, kic. (1)[36 (CDS 13-06) Shelter lmpro�cments and Upgrades Page I I of 28 16011 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 (5 1 %) 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. 1.1, CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any ftmctions 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 HIJVS 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 570.200(i). 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 wIII 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, rcli,-Yious 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 The Shelter I'm Abused Women & Children, Inc. CD14G, (CDS 13-06) Shelter Improvements and Upgrades Page 12 of 28 16011 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. XIL SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. (Signature Page to follow) The Shelter for Abused Women & Children. Inc. CDBG (CDS 13-06) Shelicr Improvements and upgrades Page 13 ot'28 16011 IN WITNESS WHEREOF, the Sub recipient and tilt; County. have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 14th day of May, 2013, A' 1 I t S Dk�i' Al'I E H'Rdj�K,:ULFRK MIktii r on' l.)ateds'_ _ -- (S .AI.) BOARD OF COUNp COUNTY. FLORIFJA ' S GEORGIA A M19SIONERS OF COLLIER Q., CHAIRWOMAN THE SHELTER FOR ABUSED IA OMEN & CHILDREN, INC. By: Linda Oberhaus Linda Obcrhaus. Executive Director Approved as to form and legal sufficiency: Jennifer . White, Assistant County Attorney the Shelter for Abused Women K Children, Inc. C -DBG ((•I)S 13 -06) Shelter Imprm ements and Upgrades Page 14 of 28 16011 EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County. c/o Housing, Human and Veteran Services Department, 33339 E. Tamiami 'Frail, 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. I 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 occurrence5 1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in I — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation), The Shelter for Abused Women & Children, Inc, CDBG (CDS 13-06) Shelter Improvements and upgrades Page 15 of 28 C11) 16011 OPERATION/MANAGENJENT PRASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throw hout the duration of the loan and/or contract: C 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. The Shelter for Abused Women & Children, Inc. CIA36 (CDS 13-06) Shelter Improvements and Upgrades Page 16 of 28 EXHIBIT 461311 16011 COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION 1: REOUEST FOR PAYMENT Sub recipient Name: The Shelter for Abused Women & Children, Inc. Sub recipient Address: 2635 Weeks Ave, Naples, FL 34112 Project Name: Shelter Improvements & Upgrades Project No: CDS13-06 Payment Request Dollar Amount Requested: $ SECTION 11: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of'Previous Unpaid Requests 5. Amount of "Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $174,990 I certify that this request for payment has been drawn in accordance with the terns and conditions of the Agreement between the COUNTY and us, as the SUBRECfPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor— Dept Director (approval authority under $14,999) (approval required $15,000 and above) The Shelter for AbLIWd Women & Children. Inc. CD130 (COS 13-06) Shelter IniproN ements and Upgrades Page 17 of'28 16011 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 ol'Liens This Release and Affidavit is given in connection with the SUBRECIPIENT's (morithly/rinal) Request I'or Payment. Witness: Ry Print name and title STATE OF COUNTY j NTY 0 1 � The Shelter for Abused Women & Children, Inc. 191M ITS: Executive Director ---- ........ .... . .. . . ... ... - ------ -- DATE: I'hc 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: Name: (Signature) (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: The Shelter for ,Abused Women & Children. Inc, CD136 (CL)S 13-06) Shelter Improvements and Upgrades Page 18 of 28 "D" 16 01 1 EXHIBIT QUARTERLY PROGRESS REPORT Sub-recipients: Please fill in the following shaded areas of the report Program Contact: ,,Marti san rs Telephone Number: (239)280-1350 *REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): El 7/31113 10/31113 Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of May 14, 2013. Please list the outcome goats) from your approved application & sub - recipient agreement and Indicate your progress In meeting those 1. goals since May 14, 2013. B. Goal Progress: Indicate the progress to date in meeting each outcome goal. The Shelter for Abused Women & Children, Inc. CDBU (CDS 13-06) Shelter Irnprwenicrits and Cpgrades Page 19 of 1.8 ]'he Shelter lbr Abused Women & Children, Inc. (A)BG (CDS 13-06) Slicker Improvements and Upgrades Page 20 of'28 16011 Is this project still In compliance with the original project schedule? If more than 2 months behind schedule, must submit a new timeline 2. for approval. n Yes No If no, explain: 3. Since May 14, 2013, of the persons assisted, how many.... ...now have new access (continuing) to this service or benefit? b. . I I 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 period I program year? Section 108 Loan Guarantee HOPVVA $ Other Consolidated Plan Funds CDBG Other Federal Funds ESG State Local Funds HOME w. Total Entitlement $ Total Other Funds Funds ]'he Shelter lbr Abused Women & Children, Inc. (A)BG (CDS 13-06) Slicker Improvements and Upgrades Page 20 of'28 EXHIBIT "'W" 6. lWhat Is the total number of UNDUPLICATED clients served this quarter, If applicable? a. Total No of adult females served Total No of tern ales served under 18 0 b, Total No of adult males served fl Total No of mates served under 18 9 TOTAL: 0 TOTAL: 0 C. Total No of tam iles served Q Tole! No of female head of household! :-'-0 6. lWhat Is the total number of UNDUPLICATED clients served #lnzpQcIober, N applicable? Name Title. The Shelter for Abused Women & Children, Inc. (DW3 (C'DS 13-06) Shelter Improvements and Upgrades Page 21 of 28 Signature. Your, typed name R—m repres9n7s your eRTF—onic Signature 16011 a. Total number of adult females served 0 Total num tier of females served under 18 b, Total number of, aduh males served 0 total number Of males served under 18 0 TOTAL: 0 TOTAL: 0 c. Total No of families servec, 0 Total No of tamale head of no-,serfold 0 Complete EITHER question N7 OR #8. Complete question !7 if your program only serves clients in one or more of the listed HUD Presumed Benefit categories Complete question #§ 0 any citent in your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8. 7. JPRESUMED BENEFICIARY DATA 8. OTHER BENEFICIARY 0AT*fKC0:M9 RMGE Indicate the total number of ijAtQUF-LEAjEa persons served since October I who fall into Indicate the total number of UIVDUPLICA persons each presumed benefit category (the total served since October 1 who fall Into each Income category (the total should equal the total in question Ill snould equal the 10(ai in question #6): Report as: Report as: 0 Abused Children 0 Extremelylowincoms(0,309/6) 0 Homeless Person 0 Lowncome(31-50%) 0 Battered Spouses 0 Moderate income (51-80%) 0 Persons wl HrVIAJOS 0 Above Moderate Income (>80%) 0 Elderly Persons 0 veterans 0 Chron'Callyl Mentally it 0 P",caty Disabled Adurls 0 Other Youth TOTAL: 0 TOTAL: 0 9, 1 Racial& Ethnic Data: if applicable) Please Indicate how many UNDUPLICATED clients served since October fall Into each race category. In addition to each race category, please indicate how many persons in each race category consider themselves Hispanic (Total Race column should equal the total cell). RACE ETHNICITY White, of whom, how many are Hispanic? Black/Africar)Amei-ican ; 0„-- 0 of whom, now many are Hispanic? Asian 0 of whom, raw many are Hispanic? American lnclianlAlaska Native 0 0 of whom how many are Hispanic? Native 1-1—wian.10the, Pac4,c Islander 0 O. of whom, how many are Hispsn,0 American IndiarvAlaskan Native & White 0 of whom, how many are Hispanic? B!ac4Afncan American & White 0 0 of whom, how marry are Hispanic? Air IndiardAlaska Native & Black/African Am 0 0 of whom, how many are Hispanic? Other Multi-racial 0 0 of whom. how many are Hispanic? Other 0 0 of whom how many are Hispanic) TOTAL: 0 0 TOTAL HISPANIC Name Title. The Shelter for Abused Women & Children, Inc. (DW3 (C'DS 13-06) Shelter Improvements and Upgrades Page 21 of 28 Signature. Your, typed name R—m repres9n7s your eRTF—onic Signature 16011 16011 EX141BIT "E" ANNUAL AUDIT MONITORING REPORT OMB Circular A -133 Audits of States, Local Governments, and Non-Proft I 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 Name Children,lnc. Period Total State Financial Assistance Expended during $ !,-most recently completed Fiscal Year Total Federal Financial Assistance Expended during most $ recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as ❑ indicated above and expect to complete our Circular A -133 audit by Within 30 days of completion of the A -133 audit, we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A -133 because we: ❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year indicated above ❑ Are a for-profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. T ine responses ano corrective action plan.) Certification Statement I I hereby certify that the above information is true and accurate, Signature ________7_Da_te Print Name and Title The Shelter for Abused Women & Children. Inc. C*f)Fl(; WDS 13-06) Shelter lunproNements and Upgrades Page 22 of 28 EXHIBIT 'IF" LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS 16011 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds, 1 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 1 1SC § 2000e, el. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. mplover. 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 I-IUD 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 Linder this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SU'13RE.C1P1FN"Fs Sub- recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIP11"NI'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 SUBRECIPIFNT 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 Linder 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 I he Shelter for Abused Women & Children. Inc, M13G ((,'f)S 13-06) Shelter IlTlprovemcnis and Upgrades Page 23 of'28 16011 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 CD13G-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 IIIJ D 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 11 375, 11478, 12107 and 12086, 10. Contract Work Hours and Safety Standards Act, 40 t JSC 327-332. 11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K, II The Americans with Disabilities Act of1990 13. Uniform Relocation Assistance and Rcal 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 he included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.1 1 (c)) , 15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects, 16. 1 xectitive Order 11625 and U.S. Department of Flousing 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. I he Shelter for Abused Women & Children, Inc. (AM0 WDS 13-06) Shelter Improvements and Upgrades Page 24 of 28 16011 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 SUBRECIPIEN*Ys; • 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(8) the following applies: • In all cases in which equipment is sold, the proceeds shall be program income (pro- rated to reflect the extent to which CDBG funds were used to acquire the equipment), and ■ Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; • Section 84.35, Supplies and other Expendable Property • Section 84.5 1 (b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; • Section 84.52, Financial Reporting; • Section 84,53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: ■ The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be four years; and ■ The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; • Section 84.61, 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 SUBRECIPIENTto 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. I Fhe Shelter for Abused Worrien & Children. Inc. C-DRO (CDS 13-06) Shelter Improvements and Upgrades Page 25 of 28 16D11 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part 111, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311, 23, Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents. the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, it' any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24, Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of , any settlement reached during negotiations to COUNTY for approval, Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 201h Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGI-ITS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED -1-0, 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 FE%MA 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 I-IUD 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 I­ listoric 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. I I lie Shelter for Abused Women & Children, Inc. CDBG (CDs 13-06) Shelter improvements and Upgrades Page 26 of 28 16011 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 SUBRECTPIF'N'T certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency-, and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever agrees to adhere to the accounting principles and procedures required therein, utilize controls, and maintain necessary source documentation for all costs incurred. States. local governments. and Indian Tribes follow: • A-87 for Cost Principles • A -102 for Administrative Requirements Educational Institutions - ,(e�ycn if part of a State or local government) follow: • A-21 for Cost Principles • A- 110 for Administrative Requirements Non-Profit Organizations follow: • A -122 for Cost Principles • A -110 for Administrative Requirements is applicable, and adequate internal 32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133, Audits of States, Local Governments, and Non - Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25.000, must adhere to the CDBG Regulations at 24 CFR 570.505. 34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. 35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of Member of Congress in connection with Fhe Shelter for Abused Women & Children, Inc. CDBG (CDS 13-06) Sheller IIIIf)t(_)VUtTW[I(S and Upgrades, Page 27 of 28 16011 the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per them rates in effect at the time of travel. 37. Any rule or regulation determined to be applicable by HUD. 38. Florida Statutes 713.20, Part 1, Construction Liens 19. Florida Statutes, 119.021 Records Retention Thc Shelter for Abused Wornen & Children. Inc. CDBG WDS 13-06) Shelter Improvements and Upgrades Page 28 of 28 16011 Grant # - B- 11 -UC -12 -0016 CFDA/CSFA# - 14.218 Subrecipient — Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services DUNS # - 849855549 FETI # - 59- 2716833 FY END -12 -31 Monitoring Deadline 9 -30 -18 AGREEMENT BETWEEN COLLIER COUNTY AND IMMOKALEE NON - PROFIT HOUSING, INC. d /b /a IMMOKALEE HOUSING & FAMILY SERVICES TIMBER RIDGE (CARL J. KUEHNER) COMMUNITY CENTER UPGRADES THIS AGREEMENT is made and entered into this 14th day of May 2013, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "Immokalee Non - Profit Housing, Inc. d/b /a Immokalee Housing & Family Services ", a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at 2449 Sanders Pines Circle, Immokalee, FL 34142. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) grant program Community Development Block Grant Program funds and the COUNTY expects to continue to receive entitlement funds from these grant programs to operate the COUNTY's housing and community development activities; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, each year, the COUNTY prepares a One -Year Action Plan detailing how it intends to allocate funds received from HUD to conduct eligible activities for the benefit of low and moderate - income residents; and WHEREAS, the Board of County Commissioners of Collier County approved various Collier County Consolidated Plans and Annual Action Plans for the CDBG Program; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuchner) Community Center UpgradesPage 1 of 28 G 16D11 the preparation of various Annual Action Plans, the County advertised a substantial amendment on March 14, 2013 with a 30 -day citizen comment period from March 14, 2013 through April 15, 2013; and WHEREAS, on May 14, 2013 the COUNTY approved substantial amendments to various year's Annual Action Plans providing CDBG funds in the amount of $18,250 to Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services for Community Center Upgrades located at 2726 Wilton Court, Immokalee, Fl 34142; and NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: I. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program outlined as follows: The FY 2011 -2012 Amended Annual Action Plan provides for rehabilitation upgrades to the Timber Ridge Community Center. Project component #l: Community Center- consisting of the purchase, replacement, installation, disposal, and shipping costs of recovering 8 deteriorating exterior awnings. Project Component #2: The purchase, replacement, installation, disposal and shipping costs of playground equipment including garden benches and picnic tables not to exceed 2 of each; 1 tetherball, 1 sandbox and cover; 1 seesaw, 1 climber, art easels not to exceed 4 and 1 installed playground border as required by the Department of Children and Families (DCF). Project Component #3: The purchase, replacement, installation, disposal and shipping costs of multifamily mailboxes not to exceed 3. Specifically, improvements identified for funding are outlined in the budget in Section 111. The detailed project scope will be contained in the schedule of values awarded. The project's invoices will include details sufficient to document the number, amount and costs associated with all activities for payment. All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate - income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDs 13 -03) Timber Ridge (Carl.). Kuehner) Community Center UpgradesPage 2 of 27 G 11 (') 16D11 11. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the 14th day of May, 2013 and end on the 31st day of October, 2013. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. 111. AGREEMENT AMOUNT The COUNTY agrees to make available EIGHTEEN THOUSAND TWO HUNDRED AND FIFTY DOLLARS ($18,250) for the use by the SUBRECIPIENT for TIMBER RIDGE, (CARL J. KUEHNER) COMMUNITY CENTER UPGRADES during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds "). The SUBRECIPIENT project budget shall be as follows: Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between cost categories and activities shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a cost category and activity shall be made with board approval. All improvements specified in Section I. Scope of Services shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of quarterly progress reports. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Immokalee Non - Profit Housing, Inc, d /b /a Immokalee Housing & Family Scrviees CDBG (CDS 13 -03) Timber Ridge (Cart J. Kuehner) Community Center llpgradesPage 3 Of 27 C'` �1 Line Item Description CDBG Funds Project Component #1- Community Center - Recover awnings $6,925 Project Component #2-Playground equipment $8,215 Project Component #3- Mailboxes $3,110 TOTAL $187250 Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between cost categories and activities shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a cost category and activity shall be made with board approval. All improvements specified in Section I. Scope of Services shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of quarterly progress reports. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Immokalee Non - Profit Housing, Inc, d /b /a Immokalee Housing & Family Scrviees CDBG (CDS 13 -03) Timber Ridge (Cart J. Kuehner) Community Center llpgradesPage 3 Of 27 C'` �1 The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Project Component #1- Submission of monthly invoices on AIA Community Center - Recover 8 G702 -1992 form or equivalent document. awnings Final 10% (692.50) released upon documentation of awning upgrade completed. Supporting documents must be provided as back up. Project Component #2- Submission of monthly invoices on AIA Playground equipment G702 -1992 form or equivalent document. Final 10% ($821.50) released upon documentation of playground upgrade completed. Supporting documents must be provided as back up. Project Component #3- Submission of monthly invoices on AIA Mailboxes G702 -1992 form or equivalent document. Final 10% ($311.00) released upon documentation of Mailboxes installed and complete. Supporting documents must be provided as back up. Individuals Served Proof that a minimum of 300 N/A individuals have been served via exhibit D Inventory Submittal of asset inventory N/A for equipment purchased annually IV. NOTICES 16D11 Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Sandra Marrero, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 (239)252 -2399 sandramarrero @colliergov.net SUBRECIPIENT ATTENTION: Susan Golden, Executive Director Immokalee Non -Profit Housing, Inc. d/b /a Immokalee Housing & Family Services Immokaiee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 4 of 28 J 16D11 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non - production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. VI. GENERAL CONDITIONS A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. C. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. Unless otherwise provided by the Scope of Services, the Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. lmmokalcc Non - Profit Housing, Inc. d /b /a lmmokalee Housing & Family Services CDBG (CD5 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 5 Of 27 16D11 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 Iocal governmental guidelines, policies and available funding amounts, or for other reasons. if such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of this agreement. E. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and /or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. F. GRANTEE RECOGNITION /SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and /or about the Program shall include the statement; "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 6 of 27 16D11 and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. G. TERMINATION In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. VII. REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in excess of $25,000 as outlined in 24 CFR 570.505 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.90I) until five (5) years after expiration of the term of this Agreement or for such longer period of time as determined to be appropriate by the COUNTY and as memorialized by the COUNTY and the SUBRECIPIENT in an amendment to this Agreement or such instrument as the COUNTY at its discretion determines appropriate; or I nmokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 7 of 27 V, V 16D11 b. If not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for the acquisition of or improvements to, the property. No payment is required after the period of time specified in subsection (a). Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35, VIII. INSURANCE SUBRECIPIENT shall not commence any work and /or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. IX. ADMINISTRATIVE REQUIREMENTS A. EXAMINATION OF RECORDS The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: B. DOCUMENTATION AND RECORDKEEPING All records required by CDBG. 2. All reports, plans, surveys, information, documents, maps, books, records and other data 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 Immokalee Non - Profil Housing, Inc. d /b /a Immokalcc housing & Family Serviees CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehncr) Community Center UpgradesPage 8 of 27 16011 agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. 4, The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. 6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met, These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15th day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed -upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D ". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and /or legislative amendments are enacted. Reports and /or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site, lmmokalee Non -Profil Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 9 of 27 i 16011 Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. E. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy. Purchasing Threshold Policy Dollar Range $ Quotes Under $3K 1 Written Quote Above $3K to $1OK 3 Written Quotes Above $I OK to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid IFB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. PROGRAM - GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c) in the operation of the Program. H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section X.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDs 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 10 Of 27 X. OTHER PROGRAM REQUIREMENTS 16011 A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty -one (5 1) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro - Americans, Spanish - speaking, Spanish surnamed or Spanish - heritage Americans, Asian- Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. PROGRAM BENEFICIARIES At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. D. AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage I 1 of 27 16D11 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 mariner 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 ad provisions of 24 CFR 570.6I1 "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 e. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. (Signature Page to Follow) Immokalee Non -Profit Housing, Ine. d /b /a Immokalee Housing & Family Serviees CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 12 of 27 16D11 IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 14th day of May, 2013. ATTEST: BOARD F TY OMMISSIONERS OF DWIGIIT,:gBtZOCK, CLERK COLLIE � C Y FLORIDA By: Aa GEORGI A. HILLER, ESQ., CHAIRWOMAN AbSt IN 2�a n Dated,, Si 3 ,• ; SAL) IMMOKALEE NON- PROFIT HOUSING, INC. d/b /a IMMOKALEE HOUSING & FAMILY SERVICES By: Susan M. Golden 6 msa r� k * G o � A Susan M. Golden, Executive Director Approved as to form and legal sufficiency: Jennifer B. White, Assistant County Attorney Immokalee Non - Profit Housing, Inc, d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 13 of 27 16D11 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. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and /or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CD13G (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 14 of 27 16011 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and /or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less that $1,000,000 combined single limit for combined Bodily Injury and Property Damage, Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Immokalee Non - Profit I lousing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Centcr UpgradesPage 15 of 27 EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT 16D1( Sub recipient Name: Immokalee Non - Profit Housing~ Inc. d /b /a Immokalee Housings & FamilY Services Sub recipient Address: 2449 Sander Pines Circle Immokalee FL 34142 Project Name: Timber Ridge (Carl J. Kuehner) Community Center Upgrades Project No: CDS 13 -03 Payment Request # Dollar Amount Requested: SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 18,250 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Date Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) Immokalee Non - Profit Housing, Inc. d /b /a Immokalee housing & Family Services CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 16 Of 27 16D11 EXHIBIT "C" RELEASE AND AFFIDAVIT FORM CONSTRUCTION ONLY The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713,02 Part 1 — Waiver or Release of Liens This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final) Request for Payment. Witness: :• Print name and title STATE OF COUNTY OF Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services 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: Name: (Signature) (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Immokalee Non -Pro6l Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDs 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 17 of 27 16D11 EXHIBIT "D" QUARTERLY PROGRESS REPORT Sub - recipients: Please fill in the following shaded areas of the report Telephone Number: (239)657 -8333 ❑7131113 ❑ 10131/13 ❑'> *REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): ❑ ❑ Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of May 14, 2013. Please list the outcome goal(s) from your approved application 8 sub- reclplent agreement and indicate your progress in meeting those 1. goals since _April 23 , 2013. A. Out outcol Outcol Outcol Outco Outcol Outcol Outcol Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -03) Timber Ridge (Carl .I. Kuehner) Community Center UpgradesPage 18 of 27 16D11 Is this project still in compliance with the original project schedule? If more than 2 months behind schedule, musts ubmit anew timeline 2. for approval. Yes If no, explain; No 3. 1 Since May 14. 2013, of the persons assisted, how many.... Immokalce Non - Profit Housing, Inc. d /b /a lmmokalee Housing & Family Services CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 19 Of 27 EXHIBIT "D" UARTERLY PROGRESS REPORT 5- !What Is the total number of UNDUPLICATED clients served this quarter, If appllcable7 Benefit categories. Complete question NO if any client in your program does a. Total No of adult females served: , 0:_ ` -- Total No. of females served under 18: 0 b, Total No of adult males served: q ','' Total No, of males served under 18, Q should equal the total in question 06): TOTAL: 0 TOTAL: 0 C. Total No. of families served: . 0 -:. Total No. of female head of household: . 0. 6. What Is the total number of UNDUPLICATED clients served since October, if applicable? a, Total number of adult females served tl " Total number of females served under 18: 0 b. Tolal number of adult males served. _D - ,.._0 -,' Total number of males served under 18: .0...�;' TOTAL: 0 TOTAL: TOTAL: s. Raciat6 Ethnic Data: (if a Ifcable TOTAL: 0 C. Total No. of tam Ries served: 0 Total No, of female head of household: 0 ": Complete EITHER question #7 OR #8. Complete question q7 1 your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question NO if any client in your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND e. 7. 1PRESUMED BENEFICIARY DATA S. OTHER BENEFICIARY DATA: INCOME RANGE Indicate the total number of flNpUPLll:ATEb Indicate the total number persons persons served since October 1 who fall into served since October 1 who fall Into each income w ofallPinto each each presumed benefit category (the total category (the total should aqua! the total in question #6): should equal the total in question 06): Report as: Report as; 0 . Abused Children 0 Extremely low Income (0 -30 %) 0 Homeless Person D .Low Income (31 -50 %) 0,,...:, Battered Spouses 0...' Nioderale Income (51 -80 %) -0 .- Persons wf HNlAIDS 0 :' Above Moderale Income ( >80 h) 0 Elderly Persons 0, Veterans 0 Chronically! Mentally ill 0 Physically Disabled Adults <0 Other -Youth TOTAL: 0 TOTAL: 0 s. Raciat6 Ethnic Data: (if a Ifcable 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). RAGE ETHNICITY White .- ; of whom, how many are Hispanic? BlacklAfrican American 0 - 0 ,. ; of whom, how manyare Hispanic? Asian D 10... ; of whom, how many are Hispanic? American Indian/Alaska Native p - ` 0.,;,; of wham, how many are Hispanic? Native HawallanrOlher Pacific Islander ,. 0 0 -; of whom, how many are Hispanic? American Indian/Alaskan Native 8 White 0 ' 0 '; of whom, how many are Hispanic? Black/Alrlcen American & White 0 "J" .0;..:-; of whom, how many are Hispanic? Am. Indian/Alaska Native 8 Black/African AT 0 b j ; of whom, how many are Hispanic? Other MiliI- raclal 0 : 0 ; of whom, how many are Hispanic? Other 0 i. 0 of whom, how many are Hispanic? TOTAL: 0 0 TOTAL HISPANIC Name Title. [mmokafee Non - Profit Housing, Inc. d /b /a Immokalce Housing & Family Services CDBG (CDS 13 -03) Timber Ridge (Carl J. Kushner) Community Ccnter UpgradesPage 20 of 27 Signature: Your typed name here represen s your a ronic signalum 1601 r�• 16011 EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT OMB Circular A -133 Audits of States, Local Governments, and Non- Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Sub recipient Fiscal Year Name Period Total State Financial Assistance Expended during $ most recently completed Fiscal Year Total Federal Financial Assistance Expended during most $ recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A -133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as ❑ indicated above and expect to complete our Circular A -133 audit by . Within 30 days of completion of the A -133 audit, we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A -133 because we: ❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year indicated above ❑ Are a for - profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. If findings were noted, please enclose a copy of the responses and corrective action Ian.) Certification Statement I hereby certify that the above information is true and accurate. Signature I Date Print Name and Title Immokalee Non -Profit Housing, Inc. d /h /a Immokatee Housing & Family Services CDBG (CDS 13 -03) Timber Ridge (Car) J. Kuehner) Community Center UpgradesPage 21 of 27 EXHIBIT "F" LOCAL AND FEDERAL RULES REGULATIONS AND LAWS 16011 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 VT 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 SUBRECIPTENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. S. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub - recipients and subcontractors. Failure to fulfill these requirements shall subiect 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 Irmnokatee Non - Profit Honsing, Inc. d /b /a tmmokalue Housing & Family Services CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 22 of 27 /' ., `1, 16011 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 proj ects. 16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 17. The SUBRECIPIENT agrees to comply with the non - discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non - discrimination provisions in Section 109 of the HCDA are still applicable. Immokalee Non - Profit Housing, Inc. d /b /a Immokalce Housing & Family Services CDBG (CDs 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 23 of 27 16011 18. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations and specified by the following subsections: Subpart A — General; Subpart B — Pre -Award Requirements, except for 84.I2, Forms for Applying for Federal Assistance; Subpart C — Post -Award Requirements, except for: 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 (8), Equipment — In lieu of the disposition provisions of 84,34(8) the following applies: • In all cases in which equipment is sold, the proceeds shall be program income (pro- rated to reflect the extent to which CDBG funds were used to acquire the equipment); and • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.35, Supplies and other Expendable Property o Section 84.5I (b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; o Section 84.52, Financial Reporting; o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be four years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7); and Subpart D — After - the -Award Requirements — except for 84.71, Closeout Procedures 20.24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. 21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -03) Timbcr Ridge (Carl J. Kuehner) Community Ccntcr UpgradesPage 24 of 27 16D11 of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part 111, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and /or mediation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20`x' Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 25. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and /or reduce the cost of said flood insurance. 27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. 28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as Immokalee Non - Profit Housing, Inc. d /b /a Immokalcc Housing & Family Serviees CDt3G (CDS 13 -03) Timber Ridge (Carl .I. Kuehner) Community Center upgradesPage 25 of 27 they apply to the performance of this agreement. 16U11 In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. 29. The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the Drug - Free Workplace Act of 1988 (41 USC 701). 30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever agrees to adhere to the accounting principles and procedures required therein, utilize controls, and maintain necessary source documentation for all costs incurred. States local governments, and Indian Tribes follow: • A -87 for Cost Principles • A -102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow: • A -21 for Cost Principles • A -110 for Administrative Requirements Non- Profit Organizations follow: • A -122 for Cost Principles • A -110 for Administrative Requirements is applicable, and adequate internal 32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A -133, Audits of States, Local Governments, and Non -Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. 34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof, This notice is required by § 287.133 (3) (a), Florida Statutes, Imrnokalee Non - Profit Housing, Inc. d /b /a Imrnokalee Housing & Family Services CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 26 of 27 16D11 35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 37. Any rule or regulation determined to be applicable by HUD. 38. Florida Statutes 713.20, Part 1, Construction Liens 39. Florida Statutes, 119.021 Records Retention ]mmokalee Non -Profit Housing, Inc. d /b /a ]mmokalee Housing & Family Services CDBG (CDs 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 27 of 27 16D1 Grant # - B- 09 -UC -12 -0016 & B- 10 -UC -12 -0016 CFDA/CSFA# - 14.218 Subrecipient — Immokalee Non - Profit Housing, Inc. d/b /a Immokalee Housing & Family Services DUNS # - 849855549 FETI # - 59- 2716833 FY END -12 -31 Monitoring Deadline 9 -30 -18 AGREEMENT BETWEEN COLLIER COUNTY AND IMMOKALEE NON - PROFIT HOUSING, INC. d/b /a IMMOKALEE HOUSING & FAMILY SERVICES SANDERS PINES PLAYGROUND UPGRADES THIS AGREEMENT is made and entered into this 14th day of May 2013, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "Immokalee Non - Profit Housing, Inc. d/b /a Immokalee Housing & Family Services ", a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at 2449 Sanders Pines Circle, Immokalee, FL 34142. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) grant program Community Development Block Grant Program funds and the COUNTY expects to continue to receive entitlement funds from these grant programs to operate the COUNTY's housing and community development activities; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, each year, the COUNTY prepares a One -Year Action Plan detailing how it intends to allocate funds received from HUD to conduct eligible activities for the benefit of low and moderate - income residents; and WHEREAS, the Board of County Commissioners of Collier County approved various Collier County Consolidated Plans and Annual Action Plans for the CDBG Program; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDs 13 -04) Sanders Pines Playground Upgrades Page 1 of 27 S 16011 the preparation of various Annual Action Plans, the County advertised a substantial amendment on March 14, 2013 with a 30 -day citizen comment period from March 14, 2013 through April 15, 2013; and WHEREAS, on May 14, 2013 the COUNTY approved substantial amendments to various year's Annual Action Plans providing CDBG funds in the amount of $13,500 to Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services for Community Center Upgrades located at 2449 Sanders Pines Circle, Immokalee, F134142; and NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows; I. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program outlined as follows: The FY 2009 -2010 and 2010 -2011 Amended Annual Action Plans provides for rehabilitation upgrades to Sanders Pines. Project Component #1: The purchase, replacement, installation, disposal and shipping costs of playground equipment including park benches not to exceed 8, picnic tables not to exceed 2, 1 installed playground border as required by the Department of Children and Families (DCF) and bicycle racks not to exceed 4. Project Component #2: The purchase, replacement, installation, disposal and shipping costs of multifamily mailboxes not to exceed 3. Specifically, improvements identified for funding are outlined in the budget in Section III. The detailed project scope will be contained in the schedule of values awarded. The project's invoices will include details sufficient to document the number, amount and costs associated with all activities for payment. All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate - income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDS I3 -04) Sanders Pines Playground Upgrades Page 2 of 27 1 W 51 16011 11. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the 14th day of May, 2013 and end on the 31st day of October, 2013. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. III. AGREEMENT AMOUNT The COUNTY agrees to make available THIRTEEN THOUSAND FIVE HUNDRED DOLLARS ($13,500) for the use by the SUBRECIPIENT for SANDERS PINES PLAYGROUND UPGRADES during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds "). The SUBRECIPIENT project budget shall be as follows: Line Item Description CDBG Funds Project Component #I-Playground equipment $10,315 Project Component #2- Mailboxes $ 3,185 TOTAL $13,500 Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between cost categories and activities shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a cost category and activity shall be made with board approval. All improvements specified in Section I. Scope of Services shall be performed by SUBIECIPIENT 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 I-II-IVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of quarterly progress reports. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Immokalee Non - Profit Housing, Ine. d /b /a Immokalee Housing & Family Serviees CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 3 of 27 G The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Project Component #1- Submission of monthly invoices on AIA Playground equipment G702 -1992 form or equivalent document. Final 10% ($1,031.50) released upon documentation of playground equipment complete. Supporting documents of payment must be provided as backup. Project Component #2- Submission of monthly invoices on AIA Mailboxes G702 -1992 form or equivalent document. Final 10% ($318.50) released upon documentation of Mailboxes installed and complete. Supporting documents of payment must be provided as back up. Individuals Served Proof that a minimum of 41 N/A families are served via exhibit D and supporting documents quarterly Annual submittal of asset N/A inventory for equipment purchased. IV. NOTICES 16D11 Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Sandra Marrero, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 (239)252 -2399 sandramarrero @colliergov.net SUBRECIPIENT ATTENTION: Susan Golden, Executive Director Immokalee Non - Profit Housing, Inc. d/b /a Immokalee Housing & Family Services 2449 Sanders Pines Circle Immokalee, FL 34142 (239)687 -8333 Sgolden @ihfservices.org Immokalee Non - Profit Housing, Inc. d/b /a Immokalee Housing & Family Services CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 4 of 27 .q 16D11 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non- production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. VI. GENERAL CONDITIONS A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. C. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. Unless otherwise provided by the Scope of Services, the Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 5 of 27 (9 16DII D. AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to end date of this agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of this agreement. E. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and /or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. F. GRANTEE RECOGNITION /SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and /or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" Immokalee Non -Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 6 of 27 C, I )c 16D1 and shall appear In the same size letters or type as the name of the SUBRECIPIENT. This design ' eo ce n p s intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. G. TERMINATION In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. VII. REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBR.ECIPIENT 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 linmokalee Non- Protil Housing, Inc. d /b /a linmokalcc Housing & Family Services CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 7 of 27 i��r \_,_ 16D11 b. If not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for the acquisition of or improvements to, the property. No payment is required after the period of time specified in subsection (a). Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35, VIII. INSURANCE SUBRECIPIENT shall not commence any work and /or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. IX. ADMINISTRATIVE REQUIREMENTS A. EXAMINATION OF RECORDS The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: B. DOCUMENTATION AND RECORDKEEPING 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 Immokalee Non - Profit Housing, Ine. d /b /a Immokalee Housing & Family Serviccs CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 8 of 27 �1� 16D11 agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. 4. The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. 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 t day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed -upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D ". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and /or legislative amendments are enacted. Reports and /or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement, During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of Immokalee Non -Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 9 of 27 Y 16D11 reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. E. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy. Purchasing Threshold Policy Dollar Range $ Quotes Under $3K 1 Written Quote Above $3K to $ I OK 3 Written Quotes Above $ l OK to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (IFB F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and /or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. PROGRAM - GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY, utilized by the SUBRF.,CIPIF.,NT and shall be in compliance with 24 CFR 570.504(c) in the operation of the Program. H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section X.13.3, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Serviees CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 10 of 27 16011 X. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower - income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "'minority and women's business enterprise" means a business at least fifty -one (5 1) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro- Americans, Spanish - speaking, Spanish surnamed or Spanish- heritage Americans, Asian - Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. PROGRAM BENEFICIARIES At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program, D. AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. Immokalee Non -Pro Pit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 11 of 27 16D11 E. CONFLICT OF INTEREST The SUBRE-CIPIENT 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 570.6)l "Conflict of Interest ", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.2000). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 12 of 27 lr�,\ 16011 IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 14th day of May, 2013. ATTEST: .,ry BOARD O C Y CO MISSIONERS OF DWLQHT E. BROCK,,�LERK COLLIE CO Y, F RIDA By: @St is ','w GEO G ILLER, ESQ., CHAIRWOMAN sigti�►true oniy,��. Dated: SEAL) IMMOKALEE NON - PROFIT HOUSING, INC. d /b /a IMMOKALEE HOUSING & FAMILY SERVICES By: <usan M. Golden `-w'som K Susan M. Golden, Executive Director Approved as to form and legal sufficiency: Jennifer . White, Assistant County Attorney immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 13 of 27 16D11 EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and /or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the foIlowing types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. b. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Immokalee Non -Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDs 13 -04) Sandcrs Pines Playground Upgrades Page 14 of 27 �C AC 16D11 Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION /MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: Workers' Compensation as required by Chapter 440, Florida Statutes. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less that $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 15 of 27 0 16D11 EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Immokalee Non -Profit Housing, Inc. d /b /a Immokalee Housing & Family Services Sub recipient Address: 2449 Sander Pines Circle, Immokalee, FL 34142 Project Name: Sanders Pines Playground Upgrades Project No: CDS 13 -04 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS I . 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 $ 13,500 $ $ 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -04) (approval authority under $14,999) (approval required $15,000 and above) Sanders Pines Playground Upgrades Page 16 of 27 Cry ioply EXHIBIT "C" RELEASE AND AFFIDAVIT FORM CONSTRUCTION ONLY The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713,02 Part 1 — Waiver or Release of Liens This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final) Request for Payment. Witness: QM Print name and title STATE OF COUNTY OF Immolcalee Non - Profit Housing, Inc. d /b /a Immolcalee Housing & Family Services ITS: Executive Director DATE: The foregoing instrument was acknowledged before me this day of 20_, by , as of A Choose Not - For - Profit, or Corporation or Municipality on behalf of Choose Not - For - Profit, Corporation or Municipality . He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: Name: (Signature) (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CD13G (CDs 13 -04) Sanders Pines Playground Upgrades Page 17 of 27 16D11 EXHIBIT "D" QUARTERLY PROGRESS REPORT Sub - recipients: Please fill in the following shaded areas of the report A. Outcome Outcome 1; Outcome 2: Outcome 3: Outcome 4: B. Goal Outcom Is this project still in compliance with the original project schedule? If more than 2 months behind schedule, must submit anew timeline 2. for approval. Immokalee Non -Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 18 of 27 /r^ El Yes If no, explain: El No 3. 1 Since May 14, 2013, of the persons assisted, how many.... a. ...now have new access (continuing) to this service or benefit? p b. ...now has improved access to this service or benefit? 1p C. ... now receive a service or benefit that is no longer substandard? 0 TOTAL: 0 4. 1 What funding sources are applied for this period Section 108 Loan Guarantee Other Consolidated Plan Funds Other Federal Funds State / Local Funds Total Other Funds Immokalee Non -Profit I iousing, Ine. d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 19 of 27 HOPWA CDBG ESG HOME - Total Entitlement $ Funds 16D11 i` J UARTEI 5. I What Is the total number atUNDUPLICE a. Total No. of adult females sarved: 0r b, Total No. of adult males served: C. Total No. of families served: 0': •Total TOTAL: 0 C. Total Nor of families served: '.:0 -. s, What Is the total number of UNDUPLIC{ DO NOT COMPLETE BOTH QUESTION 7 AND 8. T. PRESUMED BENEFICIARY DATA EXHIBIT "D" LY PROGRESS REPORT ED clients served this quarter, Ifappllcable? 'Total No of females served under 18: • 0 Total No. of males served tinder 18: 0 ; .. TOTAL; 0 Total No. of female head of household: 0':- a. Total rum bar of adult females served 0' -. Total number of females served under 18: b. Total number of adult males served. 0.;. `: Total number of males served under 18: TOTAL: 0 TOTAL: 0 C. Total No. of families served: 0': •Total No. of female head of household: 0 CoaElete EITHER question 97 OR p8. Complete question p7 d your program and serves clients in one of more of the listed HUD Presumed Benefit celegoiies. Complete question M8 if any client in your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8. T. PRESUMED BENEFICIARY DATA 8. OTHER BENEFICIARY DATA INCOME RANGE Indicate the total number of UNDUPLICATED Indicate the total number of LINO /P ATED 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 lotalshouldequal the totalin question it8): should equal the total in question H8): Report as: Report as; 0 - Abused Children 0'' Extremely low Income (0 -30 %) 0 Homeless Poison D . Low Income (31 -50 %) 6 Battered Spouses . O' lVbderats Income (51.80%) 0. -.. Persons w/ HIV/AIDS 0 ': Above Moderate Income ( >00 %) 0' Elderly Persons 0 Veterans -0'. Clvonicallyl Mentally ill 0 Physically DisabedAdults 0':. Other -Youth TOTAL: 0 TOTAL: 0 9. Racial & Ethnic Data: if applicable) Please indicate how many UNDUPLICATED clients served since October fall Into each race category. In addition to each race category, please Indicate how many persons in each race category consider themselves Hispanic (Total Race column should equal the total cell). RACE ETHNICITY While of whom, how many are Hispanic? Black/Afrcan Amercan 0 ; 0 f ,of whom, how marry are Hispanic? Asian ' 0 �_ 0 `: °; of whom, how many are Hispanic? American #-dJa iWaska Native D - o',; of whom, how many are Hispanic? Native HawaiiaNOlher Pacific Islander 0- 0 :'? , of whom, how many are Hispanic? American IndiarVAaskan Native 8 While 0'. ".0 `': of whom, how many are Hispanic? BlacktAfrican American 8 While 0 ? 0 ", of whom, haw many are Hispanic? Am. IndianlAaska Native 8 Black/African Am 0 I 0 ^1 of whom, how many are Hispanic? Other MjU -raclal 0 ' 0 '•; ofwhom, how many are Hispanic? Other ,D ... 01 ; of whom, how many are Hispanic? TOTAL: 0 0 TOTAL HISPANIC Name: Tile: Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 20 of 27 Signature: Your typed name ere represen s your eec ionic signature 16D11 16 D 1. _r 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 Immokalee Non - Profit Housing, Inc. Fiscal Year Name d /b /a Period Immokalee Housing & Family Services Total State Financial Assistance Expended during $ most recently completed Fiscal Year Total Federal Financial Assistance Expended during most $ recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A -133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as indicated above and expect to complete our Circular A -133 audit by . Within 30 days of completion of the A -133 audit, we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A -133 because we: O Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year indicated above O Are a for - profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and K applicable, the independent auditor's management letter. Iii rnnain s were notes, piease enclose a copy or ine responses ana corrective action ian. Certification Statement I hereby certify that the above information is true and accurate. Signature � Date Print Name and Title Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 21 of 27 EXHIBIT "F" 16011 LOCAL AND FEDERAL RULES REGULATIONS AND LAWS 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Section 104(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 VI11 of the Civil Rights Act of 1968 as amended 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246 ( "Equal Employment Opportunity "), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. 7. Title 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 Immokalee Non -Profit Housing, Inc. d /b /a lmmokalee Housing & Family Services CDBG (CDs 13 -04) Sanders Pines Playground Upgrades Page 22 of 27 C. °'r 16D11 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. Immokalee Non -Profit housing, Inc, d/b /a Immokalee Housing & Family Serviccs CDBG (CDS 13 -04) Sanders Pincs Playground Upgrades Page 23 of 27 16D11 18. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations and specified by the following subsections: Subpart A — General; Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; Subpart C — Post -Award Requirements, except for: • Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; • Section 84.23, Cost Sharing and Matching; • Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; • Section 84.25, Revision of Budget and Program Plans; • Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; • Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the following applies: • In all cases in which equipment is sold, the proceeds shall be program income (pro- rated to reflect the extent to which CDBG funds were used to acquire the equipment); and • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; • Section 84.35, Supplies and other Expendable Property • Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; • Section 84.52, Financial Reporting; • Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be four years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; • Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7); and Subpart D — After -the -Award Requirements — except for 84.7 1, Closeout Procedures 20, 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. 21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Serviccs CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 24 of 27 16D11 of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 201" Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 25. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 125I, et seq., as amended. 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. 27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. 28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as Immokalee Non - Profit Housing, Ine, d /b /a Immokalee Housing & Family Serviees CDBG (CDs 13 -04) Sanders Pines Playground Upgrades Page 25 of 27 i t' 16011 they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and dernolition 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 (4 I 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 >?overnments, 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 -2I for Cost Principles • A -110 for Administrative Requirements Non - Profit Organizations follow: • A -122 for Cost Principles • A -110 for Administrative Requirements 32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A -133, Audits of States, Local Governments, and Non - Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.I01, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. 34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. immokalee Non - Profit Housing, Inc. d /b /a Immokalce Housing & Family Scrviecs CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 26 of 27 16011 35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- I..LL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 37. Any rule or regulation determined to be applicable by HUD. 38. Florida Statutes 713.20, Part 1, Construction Liens 39, Florida Statutes, 119.021 Records Retention Immokalee Non -Profit Housing, Inc. d /b /a Immokalce Housing & Family Scrvices CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 27 of 27 16D11 MEMORANDUM Date: May 20, 2013 To: Elly Soto McKuen, Operations Analyst Housing, Human & Veteran Services Department From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: CDBG Subrecipient Agreement with Habitat for Humanity for Community Development Block Grant Project funding Attached for your records is a copy of the agreement referenced above (Item #16D11) approved by the Board of County Commissioners on Tuesday, May 14, 2013. The original agreement will be on file in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252 -8406. Thank you. Attachment (1) iboir Grant # - B- 10 -UC -12 -0016 B- 11 -UC -12 -0016 B- 12 -UC -12 -0016 CFDA/CSFA# - 14.218 Subreci ient — Habitat for Humanity DUNS # - 080676690 FETI # - 59- 1834379 Fiscal Year End: June 30th Monitor End: September 30, 2018 AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. THIS AGREEMENT is made and entered into this L��lay of May, 2013, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "Grantee ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "Habitat for Humanity of Collier County, Inc. ", a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at 11145 Tamiami Trail E, Naples, FL 34113. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) grant program Community Development Block Grant Program funds and the COUNTY expects to continue to receive entitlement funds from these grant programs to operate the COUNTY's housing and community development activities; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, each year, the COUNTY prepares a One -Year Action Plan detailing how it intends to allocate funds received from HUD to conduct eligible activities for the benefit of low and moderate - income residents; and WHEREAS, the Board of County Commissioners of Collier County approved various Collier County Consolidated Plans and Annual Action Plans for the CDBG Program; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised a substantial amendment on March 14, 2013 with a 30 -day citizen comment period from March 14, 2013 through April 15, 2013; and WHEREAS, on April 23, 2013 the COUNTY approved substantial amendments to various year's Annual Action Plans providing CDBG funds in the amount of $235,000 to Habitat of Humanity of Collier County, Inc. for the CDBG Re- roofing Project located at scattered sites to be determined throughout Collier County; and Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 1 of 30 CA 16011 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: All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate - income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208. Project Component 1: Project Delivery The SUBRECIPIENT will perform application intake to screen for eligible program beneficiaries. Prospective applicants will be income qualified to ensure that they meet a CDBG National Objective. For the purposes of this agreement eligible applicants must meet the definition of the LMH (Low /Mod Housing) National Objective in order to meet the National Objective requirement. The SUBRECIPIENT will also ensure that a lien is placed on each CDBG assisted property for a period of no less than five (5) years from the completion of the project. The SUBRECIPIENT will evaluate prospective applications based on criteria as described within the CDBG application, incorporated by reference. Project Component 2: Roof Repair /Replacement The FY2012 -2013 Action Plan identified and approved the project to allow Habitat for Humanity of Collier County to rehabilitate and replace the roofs for twenty (20) low income homeowners in Collier County. The project will ensure that the program beneficiary's roofs will be brought up to current roofing standards, shingle wind warranty of at least 130 mph, an underlayment to protect the dwelling from water intrusion, and all necessary items installed related to re- roofing the home. The project must conform to HHVS rehabilitation standards and current Florida building code. Specifically, improvements identified for funding are outlined in the budget in Section III. The detailed project scope will be contained in the schedule of values awarded in the project's construction contract. The project's construction contract will include details sufficient to document the number, amount and costs associated with all activities for payment. The Subrecipient is required to submit to the Grantee project and financial reports on a quarterly basis as defined in "Exhibit D ". II. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the 14th day of May, 2013 and end on the 31st day of October, 2013. The term of this Agreement and the provisions herein may be extended by amendment to cover Habitat for Humanity of Collier County, Inc. 20I2 CDBG (CD 12 -03) Page 2 of 30 A�..J 16011 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 TWO HUNDRED THIRTY FIVE THOUSAND DOLLARS ($235,000) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds "). All improvements specified in Section I. Scope of Services shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The budget identified for all improvements is as follows: Improvements Federal Funds Project Component 1: Project Delivery $35,000 Project Component 2: Roof Re air/Re lacement or 20 Homes $200,000 Grand Total $ 235,000 The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of quarterly progress reports. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Project Delivery Staff administration to include; income qualification and a lien upon each property for a minimum of 5 years, and any additional work necessary to deliver the CDBG Re -roof project. As evidenced by but not limited to timesheets, payroll, canceled checks, and project activity logs. Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 3 of 30 Cq Construction activities repair /replacement of a minimum of 20 roofs. 16011 • Submission of monthly invoices on AIA G702 -1992 form (attached as Exhibit "G ") or equivalent document per contractor's Schedule of Values. • Submission of Quarterly Reports (attached as Exhibit "D "). Supporting documents must be provided as back up. • Demonstration of the removal of debris resulting from replacement or repair of the roof. • Copy of a permitted final inspection. • Final 10% ($23,500) released upon Certificate of Completion, final waiver of lien from general contractor and documentation of a minimum 20 LMH households served. Modifications to the `Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between cost categories and activities shall not be more than 10% and do not signify a change in scope. Fund shifts that exceed 10% of a cost category and activity shall only be made with board approval. IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Geoffrey Magon, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 239- 252 -2336 geoffreymagon@colliergov.net SUBRECIPIENT ATTENTION: Nick Kouloheras Executive V.P, of Land Development Habitat for Humanity of Collier County 11145 Tamiami Trail E. Naples, FL 34113 239 - 775 -0036 nkouloheras@hfhcollier.com Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12-03) Page 4 of 30 G A V. ADDITIONAL CONDITIONS AND COMPENSATION 16011 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 Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12-03) Page 5 of 30 16D11 obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to the end date of this agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of this Agreement. E. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. F. GRANTEE RECOGNITION /SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 6 of 30 CA 16011 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 Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 7 of 30 CA 16D11 b. If not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for the acquisition of or improvements to, the property. No payment is required after the period of time specified in subsection (a). Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35, VIII. INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. IX. ADMINISTRATIVE REQUIREMENTS A. EXAMINATION OF RECORDS The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: B. DOCUMENTATION AND RECORDKEEPING 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 five (5) years after expiration of this Agreement with the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 8 of 30 G 16D11 kept as outlined in 24 CFR 85.42. 4. The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. 6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15"' day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed -upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D ". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 9 of 30 0 16D11 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 1 Written Quote Above $3K to $10K 3 Written Quotes Above $ l OK to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid IFB F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. PROGRAM - GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c) in the operation of the Program. H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section X.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. X. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 10 of 30 CA To the greatest extent feasible, lower- income residents of the project areas shall be givenl fie � for training d employment; and to the greatest feasible extent eligible business concerns locate in are g �' g 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 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. Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 11 of 30 CA XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS 16011 CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.2000). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and- inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) 16011 IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 14th day of May, 2013. .x ATTEST: DWIGHT E. BROCK,' CLERK Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) BOARD O CO TY COMMISSIONERS OF COLLIER CO � Y� FIGORIDA M. GEORGIA 4.`HItLER ESQ, CHAIRWOMAN HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. By: r Nick Koul Executive V.P, of Land Development for Habitat for Humanity of Collier County, Inc. Approved as to form and legal sufficiency: JennifVB. White D� Assistant County Attorney Page 13 of 30 011 EXHIBIT "A" INSURANCE REQUIREMENTS 16011 The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12-03) Page 14 of 30 0 16D11 OPERATION /MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11, Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 15 of 30 CC A? EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REOUEST FOR PAYMENT Sub recipient Name: Habitat for Humanity of Collier County, Inc. Sub recipient Address: 11145 Tamiami Trail E Project Name: Re- Roofing Project Project No: Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 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) 16D11 $ $235,000 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 Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) (approval authority under $14,999) (approval required $15,000 and above) Page 16 of 30 Cc9( 16011 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. Witness: ON Print name and title STATE OF COUNTY OF HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. mm ITS: 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) Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Notary Public, State of: Page 17 of 30 Commission No.: cA If R4 3. f -€ a. ...now have new access (continuing) to this service or benefit? b. ... now has improved access to this service or benefit? C. ...now receive a service or benefit that is no longer substandard? TOTAL: 0 4. Section 108 Loan Guarantee Other Consolidated Plan Funds Other Federal Funds State / Local Funds Total Other Funds Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) S Page 19 of 30 HOPWA CDBG ESG HOME Total Entitlement $ Funds - 16011 EXHIBIT "D" 5. 1 otilla a. Total No. of adult females served: Total No. ffaW served under 18: b. Total No. of adult males served: Total No. of males served under 18-. TOTAL: 0 TOTAL: 0 C. Total No. of families served: 6. a. Total number of adult feMBIDS served: Total number offernaWs served under 18: b. Total number of adult males served: Total number of males served under 18. In TOTAL: 0 TOTAL: 0 G. Total No. of families served: =Total No. of female head household: IM of Complete EITHER guestion 17 OR #8. Complete question F I your program off( serves clients in one or more of the listed HUO Presumed Benefit categories, Complete question Nit N any client in your program does riot fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND a. 7. RMY' Indicate the total number of UNDUPf ICATED Indicate the total number of 1111011PLICATED, persons persons served since October I who fall Into served since October I who fall Into each income each presumed benefit category (the total should equal the total in question #6): category (the total should equal the total in question 96): Report as: Report as: Abused Children EAremety low Income (0-30%) Homeless Person Low Income (31-50%) lAbove Battered Spouses Moderate Income (51-80%) Persons wl HIV/AIDS Moderate Income (>Wlb) Elderly Parsons Veterans Chronically( lillantally Ill Physically Disabled Adults Other-Youth TOTAL: 0 TOTAL; 0 Please Indicate how marry UNDUPLICATED clients served since October fail Into each race category. In addition to each race category, please Indicate haw many persons In each race category consider themselves Hispanic (Total Race column should equal the total cell). RACE ETHNICITY While of whom, how many are Hispanic? Black/African American of whom, how many are Hispanic? Asian of whom, how many are Hispanic? American IndiarVAJmka Native of whom, how many are Hispanic? Native Hawaiian/Other Pacific Islander of whom, how many are Hispanic? 1; American indiarVAlaskan Native & of whom, how many are Hispanic? Black/African Arn of whom, how many are Hispanic? Am. Iridlan/Alaska Native Black/African Arri. of whom, how many are Hispanic? Other Wilkscial of whom, how many are Hispanic? Other of whom, how many are Hispanic? TOTAL: 0 0 TOTALHISPANIC Name: Title; Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12-03) Page 20 of 30 Signature: Your typed name here represents your electron signature 16011 CA61 16D11 EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT Hab ►tat f or Humelity df Collier County F1 cai Yee Irttt, , Period 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. 1 (If findings were noted, please enclose a copy of the responses and corrective action plan.) Certification Statement Signature I Date Print Name and Title Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 21 of 30 CA0 EXHIBIT "F" 16011 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. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended 4. Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246 ( "Equal Employment Opportunity "), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub - recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub - recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low- income residents of the project area, and that contracts for work in connection with the project Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 22 of 30 GA 16011 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. Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 23 of 30 CA 18. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 16D11 19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations and specified by the following subsections: Subpart A — General; Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; Subpart C — Post -Award Requirements, except for: • Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; • Section 84.23, Cost Sharing and Matching; • Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; • Section 84.25, Revision of Budget and Program Plans; • Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; • Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the following applies: • In all cases in which equipment is sold, the proceeds shall be program income (pro- rated to reflect the extent to which CDBG funds were used to acquire the equipment); and • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; • Section 84.35, Supplies and other Expendable Property • Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; • Section 84.52, Financial Reporting; • Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be four years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; • Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7); and Subpart D — After -the -Award Requirements — except for 84.7 1, Closeout Procedures 20.24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. 21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD I2 -03) Page 24 of 30 C9 16D11 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20th Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 25. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. 26. In accordance with the requirements of the Flood Disaster Protection Act of 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. Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 25 of 30 CA) 16D1 In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. 29. The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the Drug - Free Workplace Act of 1988 (41 USC 701). 30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments, and Indian Tribes follow: • A -87 for Cost Principles • A -102 for Administrative Requirements Educational Institutions (even if part of a State or local government ) follow: • A -21 for Cost Principles • A -110 for Administrative Requirements Non - Profit Organizations follow: • A -122 for Cost Principles • A -110 for Administrative Requirements 32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A -133, Audits of States, Local Governments, and Non - Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. 34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. 35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 26 of 30 CA 16D1 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. Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 27 of 30 ccl� 16011 EXHIBIT "G" AIA G702 -1992 Form AWAIADocument G702t" -1992 Instructions Application and Certificate for Payment GENERAL INFORMATION Purpose and Related Documents AiA Document G702, Application and Certificate for Payment, is to be used in conjunction with AIA Document G703, Continuation Sheet. These documents are designed to be used on a Project where a Contractor has a direct Agreement with the Owner. Procedures for their use are covered in AIA Document A201, General Conditions of the Contract for Construction. Use of Current Documents Prior to using any AIA Contract Document, users should consult www.aia.org or a local AIA component to verify the most recent edition. Reproductions This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA. There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce this document. The AIA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed G702, but only for use in connection with a particular project. The AIA will not permit reproduction outside of the limited license for reproduction granted above, except upon written request and receipt of written permission from the AiA. Rights to reproduce the document may vary for users of AIA software. Licensed AIA software users should consult the End User License Agreement (EULA). To report. copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. COMPLETING THE G702 FORM After the Contractor has completed AIA Document G703, Continuation Sheet, summary information should be transferred to AIA Document 0702, Application and Certificate for Payment. The Contractor should sign G702, have it notarized, and submit it, together with G703, to the Architect. The Architect should review G702 and G703 and, if they are acceptable, complete the Architect's Certificate for Payment on G702. The Architect may certify a different amount than that applied for, pursuant to Sections 9.5 and 9.6 of A201. The Architect should then initial all figures on G702 and 0703 that have been changed to conform to the amount certified and attach an explanation. The completed G702 and G703 should be forwarded to the Owner. MAKING PAYMENT The Owner should make payment directly to the Contractor based on the amount certified by the Architect on AIA Document G702, Application and Certificate for Payment. The completed form contains the name and address of the Contractor. Payment should not be made to any other party unless specifically indicated on G702. EXECUTION OF THE DOCUMENT Persons executing the document should indicate the capacity in which they are acting (i.e., president, secretary, partner, etc.) and the authority under which they are executing the document. Where appropriate, a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. AIA Document G702--1992. Copyright m 1953, 1963, 1965, 1971, 1976, 1983 and 1998 by The American Institute of Archilects. All rights reserved, WARNING: This AIAe Document Is protected by U.S. Copyright Low end International Trestles. Unauthorized reproduction or distribution of this AtAe Document, or any portion of R. may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright vlolations of AIA Contract Documents, e-mail The American institute of Architects' legal counsel, copyrightgala.org. Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 28 of 30 SAO) 16D11 ADocument G702" -1992 Application and Certificate for Payment TO OWNER: PROJECT: APPLICATION NO: Distrib to: PERIOD TO:. OWNER 0 CONTRACT FOR: ARCHITECT ❑ FROM CONTRACTOR: VIA ARCHITECT: CONTRACT DATE: CONTRACTOR a PROJECT NOS: FIELD ❑ OTHER ❑ CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the bast of the Contractor's knowledge, information Application is made for payment, as shown below, in connection with the Contract. and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for Continuation Sheet, AIA Document G703, is attached. which previous Certificates for Payment were issued and payments received from the Owztef, and 1, ORIGINAL CONTRACT SUM ........................................................ $ that current payment shown herein is now due. 2. Net change by Change Orders .................. ............................... S CONTRACTOR: 3, CONTRACT SUM TO DATE (line 1 t 2) .......................................... $ By: Date: 4, TOTAL COMPLETED 8 STORED TO DATE (Column G on 0703) ............. $ State of: $ RETAINAGE: County of: L Sk of Completed Work Subscribed and sworn to before _ (Column D + E on G703) $ me this day of b. of Stored Material $ _yE (Column Pon G ?03) $ Notary Public: S My Comatission expires: Total Retainage (Lines Sa+ 5b or Total in Column T of G703 i....... S 6, TOTAL EARNED LESS RETAINAGE ..... ............................... $ (Line 4 Less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT ...................... $ (Line 6 from prior Certificate) B. CURRENT PAYMENT DUE .............. ............................... 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 Iess line 6) $ CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in previous monrhs by Owner S $ Total approved this Month $ S TOTALS S $ NET CHANGES by Change Older is ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on-site observations and the data comprising this application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED, AMOUNT CERTIFIED .............................. .._ .... ,,,...... .......... .................. . S (Atmch explanation if amount cenified differs from the amount applied. Initial all figures oat this Application and on the Conrimtarkm Sheet that are changed to conform with the amount Cer tifed.) ARCHITECT: By: Date: This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract AIA Document 0702--I992 COpyrlpht 01953,1963,1955,1971,1978.1983 and 1992 by The American Institute of Architects. All Agbte reserved. WARNING; This A1Aa Document is protoWd by U.S. Copyrgplrl taw and international Treotiss. Unauthorized reproduction or distribution of this AIA° Document, or any portion of h, may resun in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this doamrm wtwn completed- To report oopyr'ighi viotaliens. of AIA Dontracl Docurnants, a -max The American Instipae of Architects' legal counsel, copyr"ais.org. Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 29 of 30 CA (� 16D11 CONTINUATION SHEET AIA DOCUMENT G703 (Instructions on reverse side) PAGE OF RAGES AMA Document G'702, APPLICATION AND CERTIFICATE FOR PAYMENT. APPLICATION N0: containing Contractor's signed Certification, is attached. APPLICATION DATE: In tabulations below, amounts are stared to the nearest dollar. PERIOD TO: Use Column I on Contracts a-here variable retainage for line items may apply. ARCHITECT'S PROJECT NO.: A 8 I C D E I F G H I ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS PRESENTLY STORED (. OT IN D OR E) TOTAL COrrIPLETED ADD STORED TO DOTE (DTE +F) s0 (G ; C) BALANCE TO FINISH (C - G) REZ.4ItiAGE IF VkRIABLE) RATE) FROM PRE1'lOCS APPLICATION (D + E) THIS PERIOD I I f AIA DOCUMENT G703 COX TL`iU {,rl N si'l FOR G 02 IWi, EDITION ku. (5''199? 1 TiE A.JMM'k.X MUTIiTI OF ARCHITECt$, 1735 \'EW YORK #T-WT, ;:.u:, T.WHINGTON, O.0 200055292 • WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. G703-1992 Is:, CAUTION: You should use an original ANA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 30 of 30 3CA