Loading...
Backup Documents 12/10-11/2013 Item #16D15ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16015 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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 excentinn of the Chairman's signature_ draw a line through routine lines #I through #4_ complete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date List in routing order Initial Applicable) 1. Rosa Munoz, Grant Coordinator Housing, Human, Veterans Services RM 12/10/13 16. D.15 Department 2. Jennifer A. Belpedio, ACA Office located within Housing, Human, Type of Document Subrecipient Amendment -United Cerebral Number of Original Veterans Services Department Attached IZIIL 13 I 3. County Attorney's Office County Attorney's Office Officials. Z z 4. BCC Office Board of County Commissioners N/A 5. Minutes and Records Clerk of Court's Office 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 Sue Filson, 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 Rosa Munoz,G rant Coordinator Phone Number 239-252-5713 Contact Initial Applicable) Agenda Date Item was 12/10/13 RM Agenda Item Number 16. D.15 Approved by the BCC County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the Type of Document Subrecipient Amendment -United Cerebral Number of Original 2 originals Attached Palsy of SW Florida UCP Documents Attached executed by all parties except the BCC Chairman and Clerk to the Board and possibly State INSTRUCTIONS & CHECKLIST l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 «matter number»/«document number» Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not Initial Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the RM 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 Office and N/A 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 document or RM L.7— the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and RM initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be RM provided to 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 12/10/13 and all changes made during the (� meeting have been incorporated in the attached document. The County Attorney's Office h reviewed the changes, if applicable. l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 «matter number»/«document number» 16D15 MEMORANDUM Date: December 16, 2013 To: Rosa Munoz, Grants Coordinator Housing, Human & Veteran Services From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Subrecipient Amendment — United Cerebral Palsy of SW Florida (UCP) Attached is an original of the document referenced above, (Item #16D15) approved by the Board of County Commissioners on December 10, 2013. The second original 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 252-8411. Thank you. Attachment 16D15 Grant # - B -12 -UC -12-0016 CFDA/CSFA# -14.218 Subrecipient — United Cerebral Palsy of Southwest Florida, Inc. (UCP) DUNS # - 078476765 FETI # - 59-1796622 FY End 06/30 Monitoring Deadline 11/2018 AGREEMENT BETWEEN COLLIER COUNTY AND UNITED CEREBRAL PALSY OF SOUTHWEST FLORIDA, INC. THIS AGREEMENT is made and entered into this 10th day of December, 2013, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "United Cerebral Palsy of Southwest Florida, Inc.", a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 9040 Sunset Drive, Miami, FL 33173. WHEREAS, the COUNTY is the recipient of CDBG funds from the United States Department of Housing and Urban Development (HUD) as provided by the Cranston -Gonzalez National Affordable Housing Act, as amended; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year the FY2012-2013 Annual Action Plan on July 24, 2012 and the FY2013-2014 HUD Annual Action Plan at the August 13, 2013 absentia meeting, ratified at the September 10, 2013 Board of County Commissioners meeting; and WHEREAS, HUD has approved the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised a substantial amendment on July 14, 2013 with a 30 -day citizen comment period from July 14 , 2013 through August 14 , 2013; and approved the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, it is agreed by the Parties as follows: I. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: FY2012-2013 Action Plan identified and approved the Public Services Project to United United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-11) Page 1 of 30 1601f� Cerebral Palsy project as follows: Project Component One: Funding costs will include but not limited to the following expenses: Fund partial salary for Staff & Drivers and fund related operating costs to transport persons with disabilities to the UCP Adult Day Education/Training Center (ADT). Items identified for funding are outlined in the budget in Section III. All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate -income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208. II. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the 10th day of December, 2013 and end on the 31st day of January, 2015. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. III. AGREEMENT AMOUNT The COUNTY agrees to make available TWENTY FOUR THOUSAND FOUR HUNDRED FIFTY EIGHT DOLLARS AND NO CENTS ($24,458.00) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds"). The budget identified for the Transportation Project shall be as follows: Line Item Description CDBG Funds Project Component One: Funding costs will include but not limited to the following expenses: Fund partial salary for Staff & Drivers and fund related operating costs to transport persons with disabilities to the UCP Adult Day Education/Training Center (ADT). Director $ 7,807.55 Supervisor $ 5,546.80 Drivers $ 11,103.65 Total Personnel Expenses $24,458.00 United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-11) Page 2 of 30 M� 16015 Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between line items shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item shall only be made with board approval. All services specified in Section I. Scope of Services shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of quarterly progress reports. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." The following table details the project deliverables and payment schedule: PAYMENT DELIVERABLES Deliverable Payment -Supporting Documents Submission Schedule Project Component One: Funding Submission of supporting documents Submission of monthly invoices costs will include but not limited must be provided as back up as to the following expenses: Fund evidenced by i.e. time sheets, payroll partial salary for Staff & Drivers registers, banking documents, vehicle and fund related operating costs logs, and any additional documents as to transport persons with needed disabilities to the UCP Adult Day Final 10% ($2,445.80) released upon Education/Training Center documentation of a minimum of 8 (ADT). persons served PROGRAM DELIVERABLES Deliverable Program — Deliverable Supporting Submission Schedule United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-11) Page 3 of 30 ME I6►15 IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Rosa Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 mailto:RosaMunoz&Collier og v.net 239-252-5713 SUBRECIPIENT ATTENTION: Kirk Zaremba and Ellie VanderMeuse United Cerebral Palsy of Southwest Florida, Inc. 9040 Sunset Drive Miami, FL 33173 mailto:kzarembaksunrisegroup.org ellievandermeuseg. org 305-273-3055 & 239-643-5338 Ext 101 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non -production of said federal funds, the financial sources necessary to continue to pay United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-11) Page 4 of 30 0 Documents Creation and maintenance of N/A Deliverable: Ongoing and to income eligibility files on clients be reviewed during served monitoring This funding will benefit a N/A Deliverable: Ongoing and minimum of 8 individuals with evidenced by quarterly report developmental disabilities in and monitoring Collier County Quarterly Reports Exhibit D Deliverable: Quarterly Proof of Insurance Insurance Certificate Deliverable: Annually within 30 days of renewal Affirmative Action Plan Documents Within 30 days of executed agreement and updates submitted annually Annual Audit Audit Report with Management Deliverable: 12/31 annually Letter and Exhibit E IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Rosa Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 mailto:RosaMunoz&Collier og v.net 239-252-5713 SUBRECIPIENT ATTENTION: Kirk Zaremba and Ellie VanderMeuse United Cerebral Palsy of Southwest Florida, Inc. 9040 Sunset Drive Miami, FL 33173 mailto:kzarembaksunrisegroup.org ellievandermeuseg. org 305-273-3055 & 239-643-5338 Ext 101 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non -production of said federal funds, the financial sources necessary to continue to pay United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-11) Page 4 of 30 0 16D15 the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. VI. GENERAL CONDITIONS A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. C. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. D. AMENDMENTS The COUNTY and/or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to end date of this agreement. United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-11)Page 5 of 30 16D1 The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of the Agreement. E. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. F. GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-11)Page 6 of 30 CAU 16D15 G. DEFAULTS, REMEDIES AND TERMINATION In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However„ if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. (A) The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. 5. Submission by the SUBRECIPIENT of any false certification; 6. Failure to materially comply with any terms of this Agreement; and 7. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. (B) In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: 1. Require specific performance of the Agreement, in whole or in part; 2. Require the use of or change in professional property management; 3. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this Agreement; 4. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable; 5. Stop all payments until identified deficiencies are corrected; United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-11) Page 7 of 30 16015 6. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. VII. REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35. VIII. INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. IX. ADMINISTRATIVE REQUIREMENTS A. EXAMINATION OF RECORDS The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 84.53(b), as modified by 24 CFR 570.502(b)(3)(ix) (A) and (B), and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: B. DOCUMENTATION AND RECORDKEEPING 1. All records required by CDBG. 2. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-11) Page 8 of 30 (N 3. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. 4. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for four (4) years after the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520 with the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept. as outlined in 24 CFR 85.42. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis - Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 6. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. 7. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-11)Page 9 of 30 16D15 have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. 8. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15th day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-11) Page 10 of 30 LSO E. PURCHASING 16D15 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. Purchasine Threshold Policv Dollar Range $ Quotes Under $3K 1 Written Quote $3K to $50K 3 Written Quotes Request for Proposal (RFP) Above $50K Invitation for Bid (IFB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. PROGRAM -GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.503(c) in the operation of the Program. H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the County. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. X. OTHER PROGRAM REQUIREMENTS United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-11)Page 11 of 30 16D15 A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish - heritage Americans, Asian -Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "D" of this Agreement. D. AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval within 30 days of the award of funds. The Affirmative Action will need to be updated throughout the four year period and submitted to County within 30 days of update/modification. United Cerebral Palsy of SW Florida, Inc. Transportation Services (CDI3-II) Page 12 of 30 16D15 E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate -income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.2000). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing 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 United Cerebral Palsy of SW Florida, Inc. Transportation Services (CDI3-11) Page 13 of 30 16 0 1 to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW United Cerebral Palsy of SW Florida, Inc. Transportation Services (CDI3-II) Page 14 of 30 G 16D15 IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST DWIGHT. -:9: B OCICj eQ K Depth Clerk �w{�E Dated: Attest as an's signature only. BOA O O Y COMMISSIONERS OF COL I R UNT ,FLORIDA By: \ \ i GEORGIA A. HILLER, ESQ., CHAIRWOMAN 12 /)O//3 UNITED CEREBRAL PALSY OF SOUTHWEST FLORIDA, INC. 12 Subrecipient Name and Title Approved as to form and legality: Jennifer A. Belped P3 , Assistant County ALhey � O 1 Item # _L (97)1S; Agenda D �� Date United Cerebral Palsy of SW Florida, Inc. Date 12-3 , Transportation Services Reddn (CD13-11) Page 15 of 30 1-13 l ' EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-11) Page 16 of 30 16D15 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. United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-11) Page 17 of 30 16D15 EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REOUEST FOR PAYMENT Sub recipient Name: United Cerebral Palsy of Southwest Florida, Inc. (UCP) Sub recipient Mailing Address: 9040 Sunset Drive, Miami, FL 33173 Project Name: United Cerebral Palsy Transportation Services Project No: CD13-11 Payment Request # Dollar Amount Requested: $ Date Period of Availability: 12/1/13 —11/30/14 Period for which Agency has incurred indebtedness: through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-11) Page 18 of 30 16D15 EXHIBIT "C" RELEASE AND AFFIDAVIT FORM CONSTRUCTION ONLY The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713.02 Part 1 — Waiver or Release of Liens. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final) Request for Payment. United Cerebral Palsy of Southwest Florida, Inc. Witness: ITS: DATE: Print name and title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20_, by , as of A Choose Not -For -Profit, or Corporation or Municipality on behalf of Choose Not -For -Profit, Corporation or Municipality . He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-11) Page 19 of 30 16D15 EXHIBIT "D" QUARTERLY PROGRESS REPORT Sub -recipients: Please fill in the following shaded areas of the report r s Agency Name: United Cerebral Patsy of Southwest Florida, Inc. Date: Project Title: Alternate Program Contact: Kirk Zaremba, Corpor e Director of Grants and DeNclopment Contact: Telephone Number: (305) 273-3055 "REPORT FOR QUARTER ENDING: (check one that applies to the, corresponding grant period): ❑ 02/28/14 lig ❑05/30/14 ❑08/31/14 ❑ 11/30/14❑ Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of November 12, 2013. 1 Please list the outcome goal(s) from your approved application & sub -recipient agreement and indicate your progress in meeting those goals since September 24, 2013. A. Outcome Goals: list the outcome goal(s) from your approved application & sub -recipient agreement. Outcome 1: Project Component One: Funding costs will include but not limited to the follotiving expenses: Personnel cost to transport indiyiduals with developmental disabilities to Adult Da" Training and Education Center in Naples. FL. Outcome 2 Outcome 3: Outcome 4: Outcome 5: Outcome 6: Outcome 7: Outcome 8: Outcome 9 United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-1 t) Page 20 of 30 2. 3. 16D15 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. EJ Yes No If no, explain: Since October 1, 2012, of the persons assisted, how many.... a. ...now have new access (continuing) to this service or benefit? 0 b. ... now has improved access to this service or benefit? 0 C. ... now receive a service or benefit that is no longer substandard? 0 TOTAL: 0 4. What funding sources are applied for this period / program year? $ Section 108 Loan Guarantee - Other Consolidated Plan Funds - Other Federal Funds - State / Local Funds - Total Other Funds United Cerebral Palsy of SW Florida, Inc. Transportation Services (CDI3-Fl) Page 21 of 30 HOPWA CDBG ESG HOME - Tota I Entitlement $ Funds EXHIBIT "D" )015 QUARTERLY PROGRESS REPORT 5. What is the total number of UNDUPLICATED clients served this quarter, if applicable? a. Total No. of adult females served: 0Total No. of females served under 18: 0 b. Total No. of adult males served: 0 Total No. of males served under 18: TOTAL: 0 TOTAL: 0 C. Total No. of families served: 0'' ` 'Total No. of female head of household: 6. What is the total number of UNDUPLICATED clients served since October, if applicable? a. Total number of adult females served: 0 Total number of females served under 18: O b. Total number of adult males served: Q' Total number of males served under 18: 0 TOTAL: 0 TOTAL: 0 is C. Total No. of families served: O 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. PRESUMED BENEFICIARY DATA: r 8. OTHER BENEFICIARY DATA: INCOME RANGE Indicate the total number of UNDUPLICATED Indicate the total number of UNDUPLICATED persons persons served since October 1 who fall into each presumed benefit category (the total served since October 1 who fall into each income 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 0 !Low Income (31-50%) 0 Battered Spouses 0 Moderate Income (51-80%) 0 Persons w/ HIV/AIDS 0 Above Moderate Income (>80%) 0 Elderly Persons 0 Veterans 0 Chronically/ Mentally ill 0 Physically Disabled Adults O , Other -Youth TOTAL: 0 TOTAL: 0 9. Racial & Ethnic Data: (if applicable) Please indicate how many UNDUPLICATED clients served since October fall into each race category_ In addition to each race category, please indicate how many persons in each race category consider themselves Hispanic (Total Race column should equal the total cell). RACE ETHNICITY White of whom, how many are Hispanic? Black/African American 0 O ; of whom, how many are Hispanic? Asian 0' 0 +; of whom, how many are Hispanic? American Indian/Alaska Native 0 0 of whom, how many are Hispanic? Native Hawaiian/Other Pacific Islander 0 0 !; of whom, how many are Hispanic? American Indian/Alaskan Native & White 0 0 of whom, how many are Hispanic? Black/African American & White 0 0 of whom, how many are Hispanic? Am. Indian/Alaska Native & Black/African Am. 0 0 of whom, how many are Hispanic? Other Multi -racial 0 O of whom, how many are Hispanic? Other 0 : 0 of whom, how many are Hispanic? TOTAL: 0 O TOTAL HISPANIC Name: Signature: Your typed name here represen s your a ec ronic Title: signature United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-11)Page 22 of 30 16015 EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT OMB Circular A-133 Audits of States, Local Governments, and Non -Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Sub recipient United Cerebral Palsy of Southwest Fiscal Year Name Florida, Inc. Period Total State Financial Assistance Expended during $ most recently 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: ci 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 Tlnaln s were notea, pease enclose a copy or ine res oases d11U GVrrCGl1VC d 'LIVIIFlail.) Certification Statement I hereby certify that the above information is true and accurate. Signature I Date Print Name and Title United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-11) Page 23 of 30 « EXHIBIT F„ 16015 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, Title VI of the 1984 Civil Rights Act, 42 USC § 2000d, et. seq 5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. 8. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub -recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub -recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-11) Page 24 of 30 1968, as amended (12 U.S.C. 1701. Section 3 requires that to the greatest 16015 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. United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-11) Page 25 of 30 G 16D15 16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 17. The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 18. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 19.24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations and specified by the following subsections: • Subpart A — General; • Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; • Subpart C — Post -Award Requirements, except for: o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; o Section 84.23, Cost Sharing and Matching; o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; o Section 84.25, Revision of Budget and Program Plans; o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; o Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the following applies: ■ In all cases in which equipment is sold, the proceeds shall be program income (pro -rated to reflect the extent to which CDBG funds were used to acquire the equipment); and ■ Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.35, Supplies and other Expendable Property; o Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; o Section 84.52, Financial Reporting; o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: ■ The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be four years; and ■ The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-11) Page 26 of 30 16D15 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 84.7 1, Closeout Procedures 20.24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for subrecipients that are governmental entities. 21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed- upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 201h Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-11) Page 27 of 30 16D15 TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 26. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. 27. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. 28. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. 29. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. 30. The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). 31. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 32. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States local governments, and Indian Tribes follow: • A-87 for Cost Principles • A-102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow: A-21 for Cost Principles United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-11) Page 28 of 30 16D1ti • A-110 for Administrative Requirements Non -Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements 33. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133, Audits of States, Local Governments, and Non -Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 34. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4201-4655) • 49 CFR Part 24 - 24 CFR Part 42 (subpart B) • Section 104(d) "Barney Frank Amendment. 35. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. 36. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-11) Page 29 of 30 CO grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 37. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 38. Any rule or regulation determined to be applicable by HUD. 39. Florida Statutes 713.20, Part 1, Construction Liens. 40. Florida Statutes 119.021 Records Retention. 41. Florida Statutes, 119.071, Contracts and Public Records. United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-11) Page 30 of 30 IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA , Deputy Clerk Dated: (SEAL) GEORGIA A. HILLER, ESQ., CHAIRWOMAN UNITED CEREBRAL PALSY OF SOUTHWEST FLORIDA, INC. A .0 Name and Title Approved as to form and legality: Jennifer A. Belpedio 2 Assistant County Attorney United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13-1 1) Page 15 of 30 L rN ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16015 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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 throu routing lines #I through #4, com tete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date List in routing order Initial_Applicable) 1. Rosa Munoz, Grant Coordinator Housing, Human, Veterans Services RM 12/10/13 Approved by the BCC Department 2. Jennifer A. Belpedio, ACA Office located within Housing, Human, Number of Original 2 originals Attached Veterans Services Department �Zr t2. V5- 3. County Attorney's Office County Attorney's Office Officials.) Z 4. BCC Office Board of County Commissioners N/A 5. Minutes and Records Clerk of Court's Office 2 (3 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 Sue Filson, 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 Rosa Mu oz, Grant Coordinator Phone Number 239-252-5713 Contact Initial_Applicable) Agenda Date Item was 12/10/13 Agenda Item Number. 16. D.15 Approved by the BCC Chairman, with the exception of most letters, must be reviewed and signed by the Office of the Type of Document Subrecipient Amendment -Legal Aid Number of Original 2 originals Attached I Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 «matter_number»/c<document_number» 1'15 ( - v�0.'iU r2 �,.� S CJ` S�4 Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not Initial_Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the RM 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 Office and N/A 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 document or RM the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and RM initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be RM provided to 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 12/10/13 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 «matter_number»/c<document_number» 1'15 ( - v�0.'iU r2 �,.� S CJ` S�4 MEMORANDUM Date: December 16, 2013 To: Rosa Munoz, Grants Coordinator Housing, Human & Veteran Services From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Subrecipient Amendment — Legal Aid Attached is an original of the document referenced above, (Item #16D15) approved by the Board of County Commissioners on December 10, 2013. The second original 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 252-8411. Thank you. Attachment 16015 Grant # - B -12 -UC -12-0016 CFDAICSFA# - 14.218 Subrecipient — Legal Aid Service of Collier County DUNS 4 - 844481478 FETI # - 59-1547191 FY End 12/31 Monitoring Deadline 11/30/2018 AGREEMENT BETWEEN COLLIER COUNTY AND LEGAL AID SERVICE OF COLLIER COUNTY THIS AGREEMENT is made and entered into this 10th day of December, 2013, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples Fla 34112, and the "Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County" a not for profit agency existing under the laws of the State of Florida, having its principal office at 4125 East Tamiami Trail, Naples, FL 34112. WHEREAS, the COUNTY is the recipient of CDBG funds from the United States Department of Housing and Urban Development (HUD) as provided by the Cranston -Gonzalez National Affordable Housing Act, as amended, and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One -Year Action. Plan for Federal Fiscal Year the FY2012-2013 Annual Action Plan on July 24, 2012 and the FY2013-2014 HUD Annual Action Plan at the August 13, 2013 absentia meeting, ratified at the September 10, 20 13 Board of County Commissioners meeting; and WHEREAS, HUD has approved the Collier County Consolidated Plan concerning the preparation of various Atinual Action Plans, the County advertised a substantial amendment on July 1, 4, 2013 with a 30 -day citizen comment period from July 14 , 2013 through August 14 , 2013; and NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, it is agreed by the Parties as follows: I. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: FY20 12 -2013 Action Plan identified and approved the project ject to Legal. Aid Service of Collier County for the following: Legal Aid of'Collier Coulity (CD13-10) Public Services Legal Support Page 1 ofd 30 Elf Proiect Component One: Funding costs will include but not limited to the following expenses: Fund I Full Time (FT) Attorney and I (Part Time) PT Paralegal to provide legal services for victims of domestic violence, sexual assault, dating violence, child abuse, and other abuses. Project Component Two: Funding costs will include but not limited to the following expenses: Environmental Review. Items identified for funding are outlined in the budget in Section 111. 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 10th day of December, 2013 and end on the 31st day of January, 2015. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. 111. AGREEMENT AMOUNT The COUNTY agrees to make available SEVENTY TWO THOUSAND FIVE HUNDRED AND FIFTY TWO AND NO CENTS ($72,552.00) for the use by the SUBRECIPIENTdUring the Tenn of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds"). The budget identified for the Micro -Enterprise Project shall be as follows: Line Item Description CDBG Funds Proiect Component One: . ......... Personnel Costs I FT Attorney $53,000.00 PT Paralegal $18,952.00 Project Component Two: Environmental Expenses 600.00 Total Program Expenses: $72,552.00 Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between line items and project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item and a project component shall only be made with board approval. Legal Aid of Collier County (CD 13-10) Public Services Legal Support Page 2 of 30 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 HIM, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of quarterly progress reports. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been. performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." The following table details the project deliverables and payment schedule: Payment Deliverable payment Supporting Documents Project Component One: Funding Submission of supporting Submission of monthly invoices costs will include but not limited to the documents must be provided as following expenses: Fund I FT back up as evidenced by i.e. time Attorney and I PT Paralegal to provide sheets, payroll registers, banking legal services for victims of domestic documents, and any additional violence, sexual assault, dating documents as needed violence, child abuse and other abuses Final 10% ($7,255.20) released Proiect Component Two: Funding upon documentation of a costs will include but not limited to the minimum of 200 persons served following expenses: Environmental Review Project Deliverable Project Deliverable Submission Schedule Supporting Documentation Legal Aid of Collier County (CD13-10) Public Services Legal Support Page 3 of 30 M Creation and maintenance of income N/A Deliverable: Ongoing and to be eligibility files on clients served reviewed during monitoring This funding will benefit a minimum of N/A Deliverable: Ongoing and 200 low -moderate income individuals evidenced by quarterly report and in Collier County monitoring Quarterly Reports Exhibit D Deliverable: Quarterly Proof of Insurance Insurance Certificate Deliverable: Annually within 30 days of renewal Affirmative Action Plan Documents Deliverable: Within 30 days of contract execution and as modified Annual Audit iAudit Report with Management Deliverable: 6/30 annually Letter and Exhibit E TV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Rosa Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 mailto:RosaMunoz,u�Collierg2v.tict 239-252-5713 SUBRECIPIENT ATTENTION: Jeff Ahren, Director of Development Legal Aid Service of Collier County 4125 Tamiami. Trail East Naples, FL 34112 mai Ito: iahrenrJ&egalaid.org 239-298-8130 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non -production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or Legal Aid of Collier County (C1313-10) Public Services Legal Support Page 4 of 3 )0 DI 16D15 County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. VI. GENERAL CONDITIONS A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY., which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban. Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and. policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. C. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. D. AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to end date of this agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Legal Aid of Collier County (CD 13-10) Public Services Legal Support Page 5 of 30 G 16015 Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of the Agreement. E. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold. harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the tern-iination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. F. GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. G. DEFAULTS, REMEDIES AND TERMINATION In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such Legal Aid of Collier County (CD 13-10) Public Services Legal Support Page 6 of 30 G 16015 termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. (A) The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. 5. Submission by the SUBRECIPIENT' of any false certification; 6. Failure to materially comply with any terms of this Agreement; and 7. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. (B) In the event of any default by DEVELOPER under this Agreement, the County may seek any combination of one or more of the following remedies: 1. Require specific performance of the Agreement, in whole or in part; 2. Require the use of or change in professional property management; 3. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this Agrccment; 4. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable; 5. Stop all payments until identified deficiencies are corrected; 6. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no Legal Aid cif Collier County (CD]3-10) Public Services Legal Support Page 7 of 30 16015 claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. V11. REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COU NWY's right (nor excuse SUBRE CIPIENT* s obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35. 5. VIII. INSURANCE SUBRECIPIENT shall. not commence any until all insurance required under this Section an( carried, at all times during its perfon-nance. IX. ADMINISTRATIVE REQUIREMENTS A. EXAMINATION OF RECORDS work and/or services pursuant to this Agreement outlined in Exhibit "A" has been obtained, and The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 84.53(b), as modified by 24 CFR 570.502(b)(3)(ix) (A) and (B) and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: B. DOCUMENTATION AND RECORDKEEPING All records required by CDBG. 2. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. 3. ation. documents, maps, books, records and other data All reports, plans, surveys, inform Leet Aid of Collier Comity. (CD13-10) Public Services Legal Support Page 8 of 30 16015 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 IIIIVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. 4. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if' requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for four (4) years after the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520 with the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) year period with the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42, Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis - Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 6. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. 7. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, Legal Aid of Collier County (CD13-10) Public Services Legal Support Page 9 of 30 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. Provide the public with access to public records on the same ten -ns and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. "COUNTY agrees that nothing in this Agreement shall be construed as requiring Legal Aid as SUBRECIPIENT to give access to any personal identifying information which is protected by the Attorney -Client privilege or by the provisions of the Rules of Professional Conduct of the Rules Regulating the Florida Bar relating to an attorney's obligation to preserve the confidences or secrets of a client" C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15'h day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report. covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D", Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 190 days after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted inlieu 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 I-WIVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND Legal Aid of Collier County (CD13-10) Public Services Legal Support Page 10 of 30 16015 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. PurchasingThreshold Policy Dollar Range Quotes Under $3K I Written Quote $3K to S50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (lFB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. PROGRAM -GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.503(c) and in accordance with an approved program income re -use plan, in the operation of the Program. H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the County. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Legal Aid of Collier County (CD 13-10) Public Services Legal Support Page I I of.") 0 X. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial. status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment.- and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/womEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business"' means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish - heritage Americans, Asian -Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "D" of this Agreement. D. AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds, The Legal Aid of Collier County (CD13-10) Public services Legal Support Page 12 of 30 Affirmative Action/Marketing Plan will need to be updated throughout the four year period and submitted to County within 30 days of update/modification. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, Which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate -income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval. prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees, Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HfIVS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.2000). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion c. It will retain its independence from Federal, State and. local governinents and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing Legal Aid of Collier County (CD 13-10) Public Services Legal Support Page 13 of 30 16015 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. X11. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Legal Aid of Collier County (CD 13 - 10) Public Services Legal Support Page 14 of 30 16DIS IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: DWIGHT E. BROC CLERK COI By: Deputy C1.er Dated: Attest as"w'Mal s signature only. Legal Aid of Collier County (CD13-10) Public Services Legal Support OF IC04NTY COMMISSIONERS OF COLLIER ESQ., CHAIR t z.- ( IVl 13 LEGAL AID SERVICE OF COLLIER COUNTY A DIVISION OF LEGAL AID SERVICE OF BROW D COUNTY B: Anthony , Esq,, Executive Director A.nthon J. Karr at Esq Executive Director Subrecipient Name and Title Approved as to form and legality: Jenni er A. Belpedio Assistant County Attorney Approved as to form and legality ps 'tent ount orney Item # Agenda Page 15 of 30 Date Date `a. ` t Redd 16D1ti EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami 'Frail, 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 occurrenceil$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. Legal Aid of Collier County (CD13-10) Public Services Legal Support Page 16 of'30 16015 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 (FE -MA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 9. Workers' Compensation as required by Chapter 440, Florida Statutes. 10. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 11. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 12. Property Insurance coverage on an "Alt Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M,A, 13. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Legal Aid of Collier County (CD13-10) Public Service,; Legal Support Page 17 of 30 (,CA(J EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION 1: REQUEST FOR ..PAYMENT Sub recipient Name: Legal Aid Service of Broward County,Inc. d/b/a ,Legal Aid Service o Collier County Sub recipient Address: 4125 Tamiami Trail East, Naples. Fl, 34112 Project Naine: Legal Support Project No: CD I L- I _0_ Payment Request Dollar Amount Requested' $ ....... ---Date Period of Availability: 12/1/13 —11/30/14 throe h Period •for which Agency has incurred indebtedness: 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) S 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 Legal Aid of Collier County (CD13-10) Public services Legal Support Signature Title Page 18 of 30 Date (approval authority under $14,999) (approval required $15,000 and above) EXHIBIT "C" RELEASE AND AFFIDAVIT —FORNI CONSTRUCTION ONLY The SUBRECIPIENT certifies for itself and its Contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713.02 Part I – Waiver or Release of Liens. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final) Request for Payment. Witness: BY: Print name and title STATE OF COUNTY OF Legal Aid Service of Collier County BY: ITS: Esq. Pro Bono Coord/Dev Services DATE: The foregoing instrument was acknowledged before me this day of 20—, by as of A Choose Not -For -Profit, or Corporation or Municipality on behalf of Choose Not -For -Profit, Corporation or Municipality . He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: Printed) (AFFIX OFFICIAL SEAL) Legal Aid of Collier County (CD 13-1Q) Public Services Legal Support (Signature) Name: Notary Public, State of: Commission No.: Page 19 of 30 (Legibly EXHIBIT "D" QUARTERLY PROGRESS REPORT Sub -recipients: Please fill in the following shaded areas of the report Agency Name: Project Title: Program Contact: J Tj!fi L t 1We?r�1.1 R Telephone Number: *REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 16D15 NO `t.. Date: w, AlternateOMMI k Contact ...�M,. n Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of November 12, 2013, 1 Legal Aid of Collier County (CD13-10) Public Services Leal Support Page 20 of 30 t: V �E [102128/14 005130N4�p08131114 C111/30/14 Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of November 12, 2013, 1 Legal Aid of Collier County (CD13-10) Public Services Leal Support Page 20 of 30 2, Yes If no, e) 3. 16015 No '411 a. —now have new access (continuing) to this service or benefit? b ... now has improved access to this service or benefit? JI.- ff C. .now receive a service or benefit that is no longer substandard? 1, TOTAL: 0 4. Section 106 Loan Guarantee Other Consolidated Plan Funds Other Federal Funds State i Local Funds HOPWA CDBG ESG HOME Total Entitlement $ Total Other Funds Funds - Legal Aid ot'Cotlier County (CD13-10) Public Service,, Legal Support Page 21 of 30 cqql, EXHIBIT "D" QUARTERLY PROGRESS REPORT 6. a. Total No. of adult females served Total No, of females served under 18: b. Total No. of adult Males served: -,,—Total No. Of males served Under IS: TOTAL* 0 TOTAL: 0 a. Total No, of families served: T0; Total Noof female head of household: -x s. WhW at 1:total inboeof'UNDY ghld'ATE 0. Total number of adult females served, ,*-,--�"A"TOtai number offemalOs served under 18' A, b. Total number of adult males served: Total number Of males served under'18: TOTAL: O TOTAL: 0 -00 1--s served' No, of female head of household: C. Total NO. of am Complete EITHER question#70 R #8. Complete question #7 if your program only serves clients in one or more of the listed HUD Presumed Benefit categories, Complete question " if any client in your program does not fall into a Presumed Benefit category, IDO NOT COMPLETE BOTH Q IESTION 7 AND 8. ................F- 7. Indicate the total number of ILMDUPIXAZEDL Indicate the total number of UNLUMACATED persons persons served since October 1 who fall Into served since October I who fall into each income each presumed benefit Category (the total category (the total should equal the total in question #6): should equal the total in question #6) Report as: Report as: Abused Children Homeless Person Battered Spouses Persons w/ HIV/AIDS Elderly Persons Veterans Chronically/ Mentally III Physically Disabled Adults TOTAL: 0 1 WM4 Extremely low income (0-30%) Low Income (31-50%) 'S',Nk4erate Income (51-80%) IRWIN m Above Moderate Income (>80'/ TOTAL' 0 Please indicate how many UNDUpLiCAT:�ED 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 I ETHNICITY Black/African Asian American Indian/Alaska Native Native Hawaiian/Other Pacific Islander American Indian/Alaskan Native 9 White Black/African American& White Am. Indian/Alaska Native & Black/African Am. Other Multi racial Name, Title: Legal Aid of Collier County (CD13-10) Public Services Legal Support Other TOTAL: 0 Page 22 of 30 f whom, how many are Hispanic? FaS i; of whom, how many are Hispanic? ,4 of whom, now many are Hispanic? M ,�z of whom, how many are Hispanic? of whom, how many are Hispanic? of whom, hew many are Hispanic? of whom, how many are Hispanic? of whom, hew many are Hispanic? of whom, how many are Hispanic? -:of whom, how many are Hispanic? TOTAL HISPANIC Signature: Your typed name nere repl .. I.L. Y-O-U-Ferer- �rOnlo signature 16015 EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT requirements, sign and date farm Signature Print Name and Title Legal Aid of Collier County (CD 13-10) Public Services Legal Support Page 23 of 30 16015 EXHIBIT "F" LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS 24 CFR 570, as amended - The regulations governing, the expenditure of Community Development Block Grant (CDBG) funds. 2, 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended 4. Title VI of the Civil Rights Act of 1964 as amended, Title V111 of the Civil Rights Act of 1968 as amended, Title VI of the 1984 Civil Rights Act, 42 USC § 2000d, et. seq 5, 24 CFR. 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. 7. Title V11 of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. 8. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the H JD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall. be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub -recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT,s Sub -recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of Legal Aid of Collier Cou"tY (CD13-10) Public Services Legal SUPP011 Page 24 of 30 16015 1968, as amended (12 U.S.C. 1.701). 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 tow -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. (&e 42 USC 276a and 24 CFR 135.11(c)). 15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. Legal Aid of Collier County (C1313-10) Public Services Legal Support Page 25 of 30 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 14CDA 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(8), Equipment — In lieu of the disposition provisions of 84.34(8) the following applies: a 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 a 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 84.3 )5, Supplies and other Expendable Property; • Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; • Section 84.52, Financial Reporting; • Section 84.53(b), Retention. and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: ■ The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be four years; and ■ The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91,520, in Legal Aid of Collier County (CD13-10) Public Services Legal Support Page 26 of 30 16015 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 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 Owners discretion. 24. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters 25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida, Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.1.02, 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 Legal Aid of Collier County (CD 13-10) Public Services Legal Support Page 27 of 30 16015 WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 26. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 1251, et req., as amended. 27. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, -which would satisfy this requirement and/or reduce the cost of said flood insurance. 28. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. 29. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. 30. The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug -Free Workplace Act of 1988 (41 tJSC 701). 31. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 32. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local )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-21 :for Cost Principles Legal Aid of Collier County (CDl 3-10) Public Set -vices Legal Support Page 28 of 30 16015 • A-110 for Administrative Requirements Non -Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements 33. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the StJkECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133, Audits of States, Local Goverm-nents, and Non -Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 34. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570,505. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4201-4655) • 49 CFR Part 24 • 24 CFR Part 42 (subpart B) • Section 104(d) "Barney Frank Amendment. 35. As provided in § 287.1.33, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. 36. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under Legal Aid of Collier County (CD13-10) Public Services Legal Support Page 29 of 30 16015 grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 37. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per them rates in effect at the time of travel. 38. Any rule or regulation determined to be applicable by TIUD. 39, Florida Statues 713.20, Part 1, Construction Liens. 40. Florida Statutes 119.021 Records Retention. 41. Florida Statutes, 119.071, Contracts and Public Records Legal Aid of Collier County (CD 13-10) Public Services Legal Support Page 30 o130 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1601 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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 an.:,.., ..f th< rh.,*—.„,. e4onat„re A— a line thrnnvh rrndinv lines # i thrnu¢h #4_ comnlete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order Office Initials Date 1. Rosa Munoz, Grant Coordinator Housing, Human, Veterans Services Department RM 12/10/13 2. Jennifer A. Belpedio, ACA Office located within Housing, Human, Veterans Services Department Agenda Item Number 16. D.15 ✓' 3. County Attorney's Office County Attorney's Office 4. BCC Office Board of County Commissioners Number of Original 2 originals 5. Minutes and Records Clerk of Court's Office Documents Attached 2 3 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 Sue Filson, 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 Rosa Muno, Grant Coordinator Phone Number 239-252-5713 Contact InitialApplicable) Agenda Date Item was 12/10/13 Agenda Item Number 16. D.15 ✓' Approved by the BCC Chairman, with the exception of most letters, must be reviewed and signed by the Once of the Type of Document Subrecipient Amendment -Big Cypress Number of Original 2 originals Attached Housing Corporation (BCHC) Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 «matter numben>/udocument number» Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not InitialApplicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the RM Chairman, with the exception of most letters, must be reviewed and signed by the Once 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 Office and N/A 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 document or RM the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and RM initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be RM t/ provided to 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 12/10/13 and all changes made during t meeting have been incorporated in the attached document. The County Attorney's Office s %LL� reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 «matter numben>/udocument number» 16015 MEMORANDUM Date: December 16, 2013 To: Rosa Munoz, Grants Coordinator Housing, Human & Veteran Services From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Subrecipient Amendment — Big Cypress Housing Corp (BCHC) Attached is an original of the document referenced above, (Item #16D15) approved by the Board of County Commissioners on December 10, 2013. The second original 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 252-8411. Thank you. Attachment 16D15 Grant # -B-04-UC-12-0016 CFDA/CSFA# - 14.218 DEVELOPER — Big Cypress Housing Corporation BCHC DUNS # - 0647232520 FETI # - 65-1067124 FY End 12/31 Monitoring Deadline 11/2018 AGREEMENT BETWEEN COLLIER COUNTY AND BIG CYPRESS HOUSING CORPORATION THIS AGREEMENT is made and entered into this 10th day of December, 2013, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "The Big Cypress Housing Corporation", a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 19308 SW 380t' Street, Florida City, Florida 33034. WHEREAS, the COUNTY is the recipient of CDBG funds from US Department of Housing and Urban Development (HUD) as provided by the Cranston -Gonzalez National Affordable Housing Act, as amended; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year 2004-2005 Annual Action Plan on April 13, 2004; and the FY2013-2014 HUD Annual Action Plan at the August 13, 2013 absentia meeting, ratified at the September 10, 2013 Board of County Commissioners meeting; and WHEREAS, HUD has approved the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised a substantial amendment on July 14, 2013 with a 30 -day citizen comment period from July 14 , 2013 through August 14 , 2013; and approved the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, it is agreed by the Parties as follows: I. SCOPE OF SERVICES The DEVELOPER shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: FY2004-2005 Amended Action Plan identified and approved the project to Big Cypress Housing Corporation for the following: Project Component One: Site improvements for the Hatchers Preserve Development in Big Cypress Housing Corp (CD13-05) Site Improvements Page 1 of 31 16015 Immokalee in order to construct affordable single family rental homes. Items identified for funding are outlined in the budget in Section III. The detailed project scope will be contained in the schedule of values awarded. The project's invoices will include details sufficient to document the number, amount and costs associated with all activities for payment. All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate -income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 II. TIME OF PERFORMANCE Services of the DEVELOPER shall start on the 10th day of December, 2013 and end on the 31st day of December, 2014. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the DEVELOPER remains in control of CDBG funds or other CDBG assets, including program income. III. AGREEMENT AMOUNT The COUNTY agrees to make available SEVENTY FOUR THOUSAND, SEVEN HUNDRED AND EIGHTEEN DOLLARS AND NO CENTS ($74,718) for the use by the DEVELOPER during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds"). The budget identified for the Property Acquisition Project shall be as follows: Line Item Description CDBG Funds Project Component One: Site improvements for the Hatchers $ 74,718 Preserve Development in Immokalee in order to construct affordable single family rental homes Funding costs may include but not limited to the following site improvement expenses per schedule of values: Infrastructure, sidewalks, landscaping, professional engineering services, soil & other testing, utility installation, utility connection, and fees, preserve and drainage maintenance, and project sign, liability insurance, andpen-nits TOTAL $ 74,718 Modifications to the "Budget and Scope" may only be made if approved in advance by the COUNTY. Budgeted fund shifts between project components shall not be more than 10% and does not Big Cypress Housing Corp (CD 13-05) Site Improvements Page 2 of 31 CA) 16 0 1 h signify a change in scope. Fund shifts that exceed 10% of a project component shall only be made with board approval. All services specified in Section I. Scope of Services shall be performed by DEVELOPER employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The DEVELOPER shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the DEVELOPER and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the DEVELOPER for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of quarterly progress reports. DEVELOPER may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of request. Invoices for work performed are required every month. DEVELOPER may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the DEVELOPER is not yet prepared to send the required 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 DEVELOPER when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if DEVELOPER fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." The following table details the project deliverables and payment schedule: Payment Deliverables Deliverable Payment- Supporting Documents Submission Schedule Project Component One: Site Upon invoicing using Exhibit B will Submission of Monthly Improvements Costs reimburse allowable expenses on AIA Invoices Funding costs may include but not G702-1992 form or equivalent document limited to the following site per contractor's schedule of values. improvement expenses per schedule of Supporting documents must be provided values: as back up. Infrastructure, sidewalks, landscaping, engineering, soil & other testing, utility Final 10% ($7,471.80) released upon installation, utility connection, and fees, documentation completion of activities. preserve and drainage maintenance, Supporting proof of payment documents survey and project sign, liability must be provided as back up. insurance, and permits Project Deliverables Deliverable Project -Deliverable Supporting Submission Schedule Documents Quarterly Reports Exhibit D Deliverable: Quarterly and Annually thereafter until Big Cypress Housing Corp (CD 13-05) Site Improvements Page 3 of 31 9 IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Rosa Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 mailto:RosaMunoz cnr,Collier og_v.net 239-252-5713 DEVELOPER ATTENTION: Steve Kirk, President Big Cypress Housing Corporation P.O. Box 343529 Florida City, FL 33034 mai Ito: mailtokirknetkyahoo.com 305-242-2142 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non -production of said federal funds, the financial sources necessary to continue to pay the DEVELOPER all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the DEVELOPER agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to DEVELOPER under the terms of this Agreement. VI. GENERAL CONDITIONS Big Cypress Housing Corp (CD13-05) Site Improvements Page 4 of 31 10110 11/2018 Proof of Insurance Insurance Certificate Deliverable: Annually within 30 days of renewal Affirmative Action/Marketing Plan Plan Documents Deliverable: Within 30 days of contract execution and as modified Annual Audit Audit Report with Management Letter Deliverable: 6/30 annually and Exhibit E Affidavit of Continued Use Certification Document Annually through 11/2018 Program Income Re -Use Plan Program Income Plan Document Annually through 11/2018 IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Rosa Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 mailto:RosaMunoz cnr,Collier og_v.net 239-252-5713 DEVELOPER ATTENTION: Steve Kirk, President Big Cypress Housing Corporation P.O. Box 343529 Florida City, FL 33034 mai Ito: mailtokirknetkyahoo.com 305-242-2142 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non -production of said federal funds, the financial sources necessary to continue to pay the DEVELOPER all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the DEVELOPER agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to DEVELOPER under the terms of this Agreement. VI. GENERAL CONDITIONS Big Cypress Housing Corp (CD13-05) Site Improvements Page 4 of 31 10110 16D15 A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. GENERAL COMPLIANCE The DEVELOPER agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the DEVELOPER does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the DEVELOPER does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The DEVELOPER also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The DEVELOPER further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. C. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The DEVELOPER shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the DEVELOPER is an independent contractor. D. AMENDMENTS The COUNTY or DEVELOPER may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or DEVELOPER from its obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to end date of this agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and DEVELOPER. Expiration of Agreement: If the DEVELOPER does not complete the project within the time period, the COUNTY Manager or designee may subject to CDBG requirements, grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of the Agreement. Big Cypress Housing Corp (CD 13-05) Site Improvements Page 5 of 31 G 16015 E. INDEMNIFICATION To the maximum extent permitted by Florida law, the DEVELOPER shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the DEVELOPER or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the DEVELOPER in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The DEVELOPER shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. F. GRANTEE RECOGNITION/SPONSORSHIPS The DEVELOPER agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the DEVELOPER for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the DEVELOPER. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. G. DEFAULTS, REMEDIES AND TERMINATION In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the Grantee or the DEVELOPER, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However„ if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. (A) The following actions or inactions by DEVELOPER shall constitute a Default under this Agreement Big Cypress Housing Corp (CD13-05) Site Improvements Page 6 of 31 G 16015 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the DEVELOPER to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the DEVELOPER to the Grantee reports that are incorrect or incomplete in any material respect; 5. Submission by the DEVELOPER of any false certification; 6. Failure to materially comply with any terms of this Agreement; and 7. Failure to materially comply with the terms of any other agreement between the County and the DEVELOPER relating to the project. (B) In the event of any default by DEVELOPER under this Agreement, the County may seek any combination of one or more of the following remedies: 1. Require specific performance of the Agreement, in whole or in part; 2. Require the use of or change in professional property management; 3. Require immediate repayment by DEVELOPER to the County of all CDBG funds DEVELOPER has received under this Agreement; 4. Apply sanctions set forth in 24 CFR 85.44, if determined by the County to be applicable; 5. Stop all payments until identified deficiencies are corrected; 6. Terminate this Agreement by giving written notice to DEVELOPER of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, DEVELOPER shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. VII. REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the DEVELOPER shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds per 24 CFR 570.503(b)(7). Big Cypress Housing Corp (CD13-05) Site Improvements Page 7 of 31 G The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse DEVELOPER's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Title to equipment acquired by DEVELOPER shall vest with the DEVELOPER, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the DEVELOPER upon acquisition subject to the conditions outlined in 24 CFR 84.35. VIII. INSURANCE DEVELOPER shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. IX. ADMINISTRATIVE REQUIREMENTS A. EXAMINATION OF RECORDS The DEVELOPER shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: B. DOCUMENTATION AND RECORDKEEPING 1. All records required by CDBG. 2. DEVELOPER shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. 3. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the DEVELOPER for the purpose of this Agreement shall be made available to the COUNTY by the DEVELOPER at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. 4. Upon completion of all work contemplated under this Agreement copies of all documents Big Cypress Housing Corp (CD13-05) Site Improvements Page 8 of 31 Bois and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the DEVELOPER shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for four (4) years after expiration of this Agreement with the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the DEVELOPER upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. 5. The DEVELOPER shall maintain records showing compliance with the Davis -Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross-referencing. DEVELOPER shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the DEVELOPER shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 6. The DEVELOPER will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The DEVELOPER shall ensure all tenant files comply with income determination as specified in 24 CFR 92.203 and 92.253. The DEVELOPER agrees that HHVS shall be the final arbiter on the DEVELOPER's compliance. 7. The DEVELOPER shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. 8. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, DEVELOPER shall submit quarterly progress reports to the COUNTY on the Big Cypress Housing Corp (CD 13-05) Site Improvements Page 9 of 31 G 15th day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the DEVELOPER also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. During the term, DEVELOPER shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the DEVELOPER's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. The DEVELOPER agrees that HHVS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. Also, at the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The DEVELOPER shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The DEVELOPER shall allow HHVS or HUD to monitor the DEVELOPER on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD REQUIREMENTS The DEVELOPER agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. E. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy. Purchasiniz Threshold Policy Dollar Range $ Quotes Under $3K 1 Written Quote $3K to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (IFB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the DEVELOPER shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. Big Cypress Housing Corp (CD 13-05) Site Improvements Page 10 of 31 G. PROGRAM -GENERATED INCOME 16015 Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the DEVELOPER funded by CDBG funds shall be reported to the COUNTY annually in a program income re -use plan, utilized by the DEVELOPER and shall be in compliance with 24 CFR 570.504(c) in the operation of the Program. H. GRANT CLOSEOUT PROCEDURES DEVELOPER's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.3, the DEVELOPER shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. Any balance of unobligated funds which have been advanced or paid must be returned to the County. Any funds paid in excess of the amount to which the DEVELOPER is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. In addition to the records retention outlined in Section IX.B.3, the DEVELOPER shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. DEVELOPER shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. X. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The DEVELOPER agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The DEVELOPER shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The DEVELOPER will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Big Cypress Housing Corp (CD 13-05) Site Improvements Page 11 of 31 C;� 16D15 Asian -Americans, and American Indians. The DEVELOPER may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. PROGRAM BENEFICIARIES This is an Area Benefit Activity, where at least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "D" of this Agreement. D. AFFIRMATIVE ACTION PLAN The DEVELOPER agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the DEVELOPER to assist in the formulation of such program. The DEVELOPER shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action/Marketing Plan will need to be updated throughout the four year period and submitted to County within 30 days of update/modification. E. CONFLICT OF INTEREST The DEVELOPER covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the DEVELOPER. The DEVELOPER covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the DEVELOPER or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate -income residents of the project target area. The DEVELOPER will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the DEVELOPER. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit DEVELOPER's ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of the DEVELOPER or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and Big Cypress Housing Corp (CD13-05) Site Improvements Page 12 of 31 0 moderate income residents of the project target area. 16D15 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 DEVELOPER shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. Big Cypress Housing Corp (CD 13-05 ) Site Improvements REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 13 of 31 16D15 IN WITNESS WHEREOF, the DEVELOPER and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: D, SII E. BROCK, CLERK Deputy Clerk Dated: Attest aflitkrman's signature only. Big Cypress Housing Corp (CD 13-05) Site Improvements BOA dF'C UNT`. CO L A By: t./ GE RGI , i -m OMMISSIONERS OF COLLIER ESQ., CHAIRWOMAN rz)io/l3 Big Cypress Housing Corp ation By: DE LOPER Si ature Steve Kirk, President DEVELOPER Name and Title Approved as to form and legality: Je ifer A. Belp Assistanit County tt rney Page 14 of 31 Item #� Agenda Date Date 3 a� R Deputy Clerk 16015 EXHIBIT "A" INSURANCE REQUIREMENTS The DEVELOPER shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the DEVELOPER or the licensed design professional employed by the DEVELOPER in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the DEVELOPER and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the DEVELOPER or any person employed by the DEVELOPER in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the DEVELOPER shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the DEVELOPER. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as Big Cypress Housing Corp (CD 13-05) Site Improvements Page 15 of 31 C -A O 16D15 a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $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.LM.A. Big Cypress Housing Corp (CD 13-05) Site Improvements Page 16 of 31 16015 1 2 EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Big Cypress Housing Corporation (BCHC) Sub recipient Address: P.O. Box 343529 Florida City FL 33034 Project Name: Site Improvements Project No: CD13-05 Payment Request # Dollar Amount Requested: Date Period of Availability: 11/12/13 — 11/11/14 Period for which Agency has incurred indebtedness: through SECTION II: STATUS OF FUNDS Grant Amount Awarded Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor Dept Director Big Cypress Housing Corp (CD 13-05 ) Site Improvements Date (approval authority under $14,999) (approval required $15,000 and above) Page 17 of 31 16D15 EXHIBIT "C" RELEASE AND AFFIDAVIT FORM CONSTRUCTION ONLY The DEVELOPER certifies for itself and its contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713.02 Part 1 — Waiver or Release of Liens. This Release and Affidavit is given in connection with the DEVELOPER's (monthly/final) Request for Payment. Witness: : Print name and title STATE OF COUNTY OF Big Cypress Housing Corporation ITS: President DATE: The foregoing instrument was acknowledged before me this day of , 20_, by as of A Choose Not -For -Profit, or Corporation or Municipality on behalf of Choose Not -For -Profit, Corporation or Municipality . He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) Big Cypress Housing Corp (CD13-05) Site Improvements (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: Page 18 of 31 EXHIBIT "D" QUARTERLY PROGRESS REPORT Sub -recipients: Please fill in the following shaded areas of the report Agency Name: Project Title: Program Contact: Telephone Number: *REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 16D15 Date: Alternate Contact: 0 03/31/14 06/30/14 ❑9/31/14 ❑ 12/31/141 ..'. Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of November 12, 2013. 1 Big Cypress Housing Corp (CD 13-05) Site Improvements Page 19 of 31 2. timeline for Yes If no. explain: 3. No SinceSeptember 24 2013 of the persons assisted, hove many.... a. ...now have new access (continuing) to this service or benefit? b. ... now has improved access to this service or benefit? 0 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 - Big Cypress Housing Corp (CD 13-05) Site Improvements Page 20 of 31 HOPWA CDBG ESG HOME Total Entitlement $ Funds - 16D15 16D15 EXHIBIT "D" QUARTERLY PROGRESS REPORT s. What is the total number of UNDUPLICATED clients served this quarter,'If applicable? a. Total No. of adult females served: 0 Total No. of females served under 18: 0 b. Total No. of adult males served: q, :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:,,, s. What is the total number of UNDUPLICATED clients served since October, If applicable? a. Total number of adult females served '`. O Y 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: (i•-Fy,',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. PRESUMED BENEFICIARY DATA- 8. OTHEWSENEFICIARY 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: Abused Children Homeless Person Battered Spouses Persons w/ HIV/AIDS Elderly Persons Chronically/ Mentally ill Physically Disabled Adults Other -Youth Report as: Q Extremely low Income (0-30%) 0 'Low Income (31-50%) 0 ',Moderate Income (51-80%) O "Above Moderate Income (>80%) TOTAL: 0 TOTAL: 0 s. Racial & Ethnic Data: Cif'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 Black/African American 0 Asian 0 American Indian/Alaska Native a 3 Native Hawaiian/Other Pacific Islander��i hrte American Indian/Alaskan Native & White',— Black/African American & White"' Black/African Aff Am. Indian/Alaska Native & BIacWAfrican Am Other Multi -racial 0 Other 0 TOTAL: 0 Name: Title: Big Cypress Housing Corp (CD 13-05) Site Improvements Signature: Your typed name here represents your a ec ronic signature Page 21 of 31 16D15 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 auditrequirements of the circular and whether they are in compliance with federal 'laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Sub recipient Name Big Cypress Housing Corporation Fiscal Year Period Total State Financial Assistance Expended during $ most recently completed Fiscal Year Total Federal Financial Assistance Expended during most $ recently completed 'Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as ❑ 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. II nuufll O VVVIG IIVL6U, IGQ*e e1116IVSe d t.Upy VI ule res oases anu corrective action pian.1 Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title Big Cypress Housing Corp (CD13-05) Site Improvements Page 22 of 31 1601 EXHIBIT "F" LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS 1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended 4. Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended 5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The DEVELOPER will, in all solicitations or advertisements for employees placed by or on behalf of the DEVELOPER, state that it is an Equal Opportunity or Affirmative Action employer. 8. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the DEVELOPER and any of the DEVELOPER's Sub -recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the DEVELOPER and any of the DEVELOPER's Sub -recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The DEVELOPER certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The DEVELOPER further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent Big Cypress Housing Corp (CD 13-05) Site Improvements Page 23 of 31 16D15 feasible opportunities for training and employment be given to low- and very low- income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The DEVELOPER further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low - and very low-income participants in other HUD programs. The DEVELOPER certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 10. Contract Work Hours and Safety Standards Act, 40 USC 327-332. 11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. 12. The Americans with Disabilities Act of 1990 13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 14. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c)). 15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted 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. Big Cypress Housing Corp (CD13-05) Site Improvements Page 24 of 31 Q70 16015 17. The DEVELOPER agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 18. Public Law 100-430 - the Fair Housing Amendments Act of 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 DEVELOPERs; o Section 84.23, Cost Sharing and Matching; o Section 84.24, Program Income — in lieu of 84.24 CDBG DEVELOPERs shall follow 570.504; o Section 84.25, Revision of Budget and Program Plans; o Section 84.32, Real Property — In lieu of 84.32, CDBG DEVELOPERS shall follow 570.505; o Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the following applies: ■ In all cases in which equipment is sold, the proceeds shall be program income (pro -rated to reflect the extent to which CDBG funds were used to acquire the equipment); and ■ Equipment not needed by the DEVELOPER for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.35, Supplies and other Expendable Property o Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; o Section 84.52, Financial Reporting; o Section 84.53, Retention and Access Requirements for Records. o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG DEVELOPERS shall comply with 570.503(b)(7); and • Subpart D —After -the -Award Requirements —except for 84.71, Closeout Procedures 20.24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. 21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the DEVELOPER to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. Big Cypress Housing Corp (CD 13-05) Site Improvements Page 25 of 31 1615 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, el er directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of DEVELOPER with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20th Judicial Court of Florida, if in federal court. 25. The DEVELOPER agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the DEVELOPER shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. 27. The DEVELOPER agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. 28. The DEVELOPER agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. Big Cypress Housing Corp (CD13-05) Site Improvements Page 26 of 31 16D15 In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. 29. The DEVELOPER must certify that it will provide drug-free workplaces in accordance with the Drug - Free Workplace Act of 1988 (41 USC 701). 30. The DEVELOPER certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the DEVELOPER shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 31. The DEVELOPER agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments, and Indian Tribes follow: • A-87 for Cost Principles • A-102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow: • A-21 for Cost Principles • A-110 for Administrative Requirements Non -Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements 32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the DEVELOPER's fiscal year. The DEVELOPER shall comply with the requirements and standards of OMB A-133, Audits of States, Local Governments, and Non -Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. Clarification of Eligible Audit Costs The amendment to §92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. 33. Any real property acquired by the DEVELOPER for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the DEVELOPER control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. 34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the DEVELOPER certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained Big Cypress Housing Corp (CD13-05) Site Improvements Page 27 of 31 D7O 10U1!) by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. 35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all DEVELOPERS shall certify and disclose accordingly. 36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 37. Any rule or regulation determined to be applicable by HUD. 38. Florida Statutes 713.20, Part 1, Construction Liens 39. Florida Statutes 119.021 Records Retention 40. Florida Statutes, 119.071, Contracts and Public Records. Big Cypress Housing Corp (CD13-05) Site Improvements Page 28 of 31 16015 EXHIBIT "G"AIA G702-1992 - NOM T ./A1 Document G702tM-1992 Instructions Application and Certificate for Payment GENERAL INFORMATION Purpose and Related Documents AIA Document 6702, Application and Certificate for Payment, is to he used in conjunction with AIA Docurnent 6703, Continuation Sheet. These documents are designed u) be used on a Project where a Contractor has a direct Agreement wilt) the Owner. Procedures for their use are covered in AIA Document. A201, General Conditions of the Contract for Constriction. Use of Current Documents Prior to using any AIA Contract Document, users should consult www.aiaorg 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 per-inission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce this docutneant. The. AIA hereby grants the purchaser a limited license to reproduce a maximum often copies of a completed (3702, 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, risers should consult the End User License Agreement (E'UI..A). To report copyright violations of AIA Contract Documents, e-mail The Arne i"m Institute of Architects' legal counsel, copyright(0aia.org. COMPLETING THE G702 FORM After the Con reactor has completed ATA Document 6703, Continuation Sheet, summary information should be transferred to AIA Document G702. Application and Certificate foo Payment. The Contractor should sign 0.702, have; it notarized, and subunit 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 i'nay certify a different amount than that applied for, pursuant to Sections 9.5 and 9.6 of A201 .'rhe Architect should then initial all figures on G702 and G703 that have been changed to conform to the amount certified and attach art 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 6702. 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 firrn or entit.v should be .attached. AIA Document G702T. — 1992. Copyright Q 1953, 1963, 1965, 1971, 1978, 1983 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyrightoaia.org. Big Cypress Housing Corp (CD 13-05) Site Improvements Page 29 of 31 .bD15 M Viw,wmv,AIA 1 It Application and Certificate for Payment TO OWNER: PROJECT: APPLICATION NO; Distribution to: PERIOD TO: OWNER ; 0 CONTRACT FOR, ARCHITECT IO__ FROM CONTRACTOR: VIA ARCHITECT: CONTRACT DATE': CONTRACTOR 0 PROJECT NOS: FIELD 'G OTHER 0 �t CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor cenir`tes that to the hest of the Cortractor's knowledge, information Appficatian is made foz pay s, as shover, below, in conneciion with th�c Contract. and belief the Work covered l Gy this ADDlicmion for Payment nus been completed in accordance with the Contract Ikmin tents, that all amouris have been paid by the Contractor for Work for Continuatlor, Sheer, AIA Document G7f13, is attached. which previous Cetttficates for Payment were issued mid payments "received from the Owner; and 1, ORIGINAL CONTRACT SUM,, . ............ ...... ...... .............. .. that current payment shown herein is iow, due. 2. Not change by Change Orders.... .............................. ........::... $ CONTRACTORS 3. CONTRACT SUM TO DATE (line 1 ± 71) ; ..:. ........ .. .. ........... $ By: [)tire: 4. TOTAL COMPLETED & STORED TO DATE (Column G ou GTU31..:......... $ State of: S, RETAINAGE: County of: a. ". of Completed Work obsicribed atfd swam to beton S1 iColumn D + Fort G703j j $ n e this day of - b. of Stored Material _ (Column F on G70;1} ?Jctary Public: NfY Commission expires: Total Rcta:nagc (Lines:5a+ 5b or Total in Column I of 6703'1-1-1. $ 6. TOTAL EARNED LESS RETAINAGE $ ( Line 41t,,N Lina 5 Total) T. LESS PREVIOUS CERTIFICATES FOR PAYMENT ....... 1Line 6 from prior Certificate) 8. CURRENT PAYMENT DUE ....... ........................ 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less line tij S ARCHITECT'S CERTIFICATE FOR PAYMENT fit accordance with the Contract Door:rvntsi, buses{ on on-site observations and the data comprising :leis application, the Architect certifies to the Owner that to the hest of the .Architect's knowledg information and belief the Work ltas progressed as indicated, the quality of the Fork is to accordance with the Convict Documents, and the Contractor is entitled top aymera of the AMOUNT CERTIFIED. AMOUNT CERTIFIED ....- .....................:.....,......... ....... S 'Afinch explanallori if arwunt certi led diets j vin:he anwant applietf. Initial all ,60res or, this ApI11fiv rtfon time ort the Corr! inrrraivti Shmt dvtare changed to con fornr n4th the amrtunt rertifi ed.j ARCHITECT: By: Dtite: Phis Certificate is not ceSotiahle. The AMOUNT CERTIFIED is payable only to the Contractor named herein. fssuancc, payment and acceptance of payment ;ue without prejudice to any rights of rhe Owner or Contractor unrd r this Contract AIA Document (370P-1992. Copyright 1953,1963,1565. 971, —4,1983 and 1992 by Tim American Irilwe of Arehiiects. Ail rights reserved. WAADING: This AIA' Document is protected by U.S. Copyrigbl law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and crimIM penalties, and will be prosecuted to the maximum extent posse under the falx. Purchasers are pernihed .o relroduce tan (10) cores cl this doeameni when completed. To report copyri ht v olat or s of AIA Cortract Moments. e-mail The Ameacan instrute of Architeetslegal counsel, copyright�zaa crg. Big Cypress Housing Corp (CD 13-05) Site Improvements Page 30 of 31 A17 DOC[ ME:XT (T'll)" II rstrjcni ns rcvc," c side) �. CONTINUATION SKEET I�., 9IA Crocu: tet t G +l?, :I'PCICaTIO?�i ;L1D CER IFIL-iTfi KIM EN T APPLIC-A74CIN 1i t containing Cort auto sig td Cert nation, i, attached. AP KATION, DATE: in tabttlation5 below; a mounts are ;rated to the nearest dc -,Ear. PERIOD T0: Us-- Column on Contract` where variable retai,age Io: ! items m,ti amply KH17 ;C i 'c PROIEC'T I`;0.: 7A ---- B D E G I H I TORJ ,01IPIETcD 1da1ERlA1< TOTkt B,L:LVI I 71M v DESCRIPTION :;: xO.I SC LED FF vTIS' Jt`? TED FP Pi 1 tat ; C 1J S OPEN uR i TO- RET'IXICE IF V. -UM' - i I 1O. j E c � r , - Ci Pa L C.J10 r.:....:CD �0j' 1 , TO D,7E FINISH , AT' '`D + E' DOR f;' !DTE -F) i i i I I I i � j I I I i I I I � r I � I I i I { Ii I i' l AIA DDWMBT 03 , , 0\TNDT 0. M,, v- SHEET 02 # txMA' . EDI # G, � =9P � ,...NraN''N TITtE OF AD �i r T !-;i ,;Ta .t) At NT N , ><AYHENcTON, DC 20,) -w - WARNING: UnIiwWd phot ln5 viobtes U WpOghl Ills and will subN me error to legal mmtion. G703.1992 iNYt� CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced, Big Cypress Housing Corp (CD 13-05) Site Improvements Page 31 of 31 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SA b _n 15 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. attach to original document. The completed routing slip and original documents are to be forwarded to the t bung Attornc. Office at the time the item is placed on the agenda. All completed routing slips and original documents must he received in the County :Lttorncy Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines #I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's signanvedraw aline through muting lines it] thrnugh lO comnlete the checklist_ and forward to the Countv Attomev Office. Route to Addressees (List in routing order) Office Initials Date 1. Geoffrey Magon HHVS (Initial) 12/16/13 2. Jennifer B. ALhito, ACA Office located in HHVS Agenda Item Number 161315 e__ County Attorney Office Department No t/ 3. BCC Office Board of County Number of Original 1 t__ Attached Commissioners Documents Attached (Z, PO number or account signed by the Chairman, with the exception of most letters, must be reviewed and signed Yes 1/ 4. Minutes and Records Clerk of Court's Office (231 I j3 i PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressee.,ahnve may need to contact staff for additional or missing information Name of Primary Staff Geoffrey Magon Phone Number 252-4230 Contact / Department al3vrol3riate. (Initial) A licable) Agenda Date Item was 12/10/13 Agenda Item Number 161315 e__ Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, No t/ Type of Document Agreement with Boys & Girls Club Number of Original 1 t__ Attached Original document has been signed/initialed for legal sufficiency. (All documents to be Documents Attached PO number or account signed by the Chairman, with the exception of most letters, must be reviewed and signed Yes 1/ number if document is Q to be recorded All handwritten strike -through and revisions have been initialed by the County Attorney's ice) INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not al3vrol3riate. (Initial) A licable) 1. Does the document require the chairman's original signature? Yes 2. Does the document need to be sent to another agency for additional signatures? If yes, No t/ provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed Yes 1/ by the Office of the County Attorney. 4. All handwritten strike -through and revisions have been initialed by the County Attorney's ice) Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the Yes document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Yes signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip Yes should be provided to the County Attorney Office at the time the item is input into SIRE. 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! 8. The document was approved by the BCC on 12/10/13 and all changes made during Yes the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the( es (� BCC, all changes directed by the BCC have been made, and the document is ready for the / Chairman's signature. � 16D1 5 ` MEMORANDUM Date: January 2, 2014 To: Geoffrey Magon, Grants Coordinator Housing, Human & Veteran Services Department From: Martha Vergara, Deputy Clerk Minutes and Records Department Re: Agreement wBoys & Girls Club CDBG Site Design, Plan & Permitting DUNS # 018696208 Grant #B -11 -UC -12-0016 & #B -12 -UC -12-0016 FETI #65-0279110 Attached is one (1) copy of the agreement referenced above, (Item #16D15) approved by the Board of County Commissioners on Tuesday, December 10, 2013. The original has been kept by the Minutes & Records Department, as a part of the Board's Official Record. If you have any questions, please contact me at 252-7240. Thank you Grant # - B -11 -UC -12-0016 B -12 -UC -12-0016 CFDA/CSFA# -14.218 Subrecipient — Boys & Girls Club of Collier County, Florida Inc. DUNS # - 018696208 FETI # - 65-0279110 Fiscal Year End: 5/31 Monitor End: 11/30/2018 AGREEMENT BETWEEN COLLIER COUNTY AND BOYS & GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. CDBG Site Design, Plan, and Permitting THIS AGREEMENT is made and entered into this 10th day of December, 2013, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "BOYS & GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. ("Boys & Girls Club" or "Subrecipient") a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 7500 DAVIS BOULEVARD NAPLES, FLORIDA 34104. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) grant program Community Development Block Grant Program funds and the COUNTY expects to continue to receive entitlement funds from these grant programs to operate the COUNTY's housing and community development activities; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One -Year Action Plans for Federal Fiscal Year 2011-2012 on November 8, 2011, Fiscal Year 2012-2013 on July 24, 2012, and Fiscal Year 2013-2014 for the CDBG Program at the August 13, 2013 absentia meeting -Agenda Item IIA, ratified at the September 10, 2013 Board of County Commissioners meeting; the County Advertised a substantial amendment on July 14, 2013 with a 30 day citizen comment period from July 14, 2013 through August 14, 2013; and WHEREAS, HUD has approved the County's Consolidated Plan, and the County prepared a One -Year Action Plan for Federal Year 2011-2012, 2012-2013 and FY2013-2014, detailing how it intends to allocate funds received from HUD to conduct eligible activities for the benefit of low and moderate -income residents; and WHEREAS, on October 8, 2013 the COUNTY approved substantial amendments to various year's Annual Action Plans providing CDBG funds in the amount of $183,236 to Boys & Girls Club of Collier County, Florida, Inc. for the CDBG Site Design, Plan, and Permitting located at Immokalee, FL; and NOW, THEREFORE, in consideration of the mutual covenants and obligations herein, the Parties agree as follows: Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 1 of 32 [7 16D15 ' I. SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), and the FY2011-2012 and 2012-2013 Action Plan identified and approved the Project to perform the tasks necessary to conduct the program as follows: HHVS, as an administrator of the CDBG program, will make available CDBG funds up to the gross amount of $183,236 to the Boys & Girls Club to fund design and permitting activities such as, but not limited to, civil engineering, site plan, architectural services, surveying and permitting fees for the eventual construction of the Immokalee Youth Development Center. A. SPECIAL GRANT CONDITIONS 1. Within 60 days of the execution of this agreement, the Subrecipient must deliver to HHVS for approval a detailed project schedule for the completion of the design and permitting activities. 2. The Subrecipient must have the environmental requirement cleared by the HHVS prior to the incurrence of Costs on activities that would limit the choice of reasonable alternatives. 3. The following resolutions and policies must be adopted by the Subrecipient's governing body prior to the distribution of funds. a. Affirmative Fair Housing Policy b. Procurement Policy including Code of Conduct c. Affirmative Action Plan d. Conflict of Interest Policy e. Equal Opportunity Policy f. Residential Anti -displacement and Relocation Policy g. Sexual Harassment Policy h. Procedures for meeting the requirements set forth in Section Urban Development Act of 1968, as amended (12 U.S.C. 794 1 i. Procedures for meeting the requirements set forth in Rehabilitation Act of 1973, as amended (29 U.S.C. 794) B. PROJECT DETAILS Proiect Component 1: Design and Permitting Fees 3 of the Housing and U) Section 504 of the The Subrecipient will engage in developing design and permitting activities such as, but not limited to, civil engineering, site plan, architectural services, surveying and permitting fees for the eventual construction of the Immokalee Youth Development Center. The Boys & Girls Club will receive an amount up to $183,236 through an allocation of funds to perform the following CDBG activities: Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBGl3-04) Page 2 of 32 Me 16D15 Improvements Federal Funds Project Component 1: Fund design and permitting activities such $183,236 as, but not limited to, civil engineering, site plan, architectural services, surveying and permitting fees for the eventual construction of the Immokalee Youth Develo ment Center. Grand Total $ 183,236 1. Project Tasks a. Maintain documentation on all households using the facility in compliance with 24CFR 85.42 b. Provide quarterly reports on meeting a CDBG National Objective. c. Obtain Necessary Permits and Approvals d. Procure Engineering and Design services e. Prepare Bid Specifications and Engineer's Cost Estimate f. Submit invoices to HHVS for permitting/design/planning costs g. Provide for a lien the property in the amount of CDBG assistance until the project has completed construction. 2. National Objective The grant funds to the Boys & Girls Club will benefit at least 51 % Low to Moderate Income individuals. As such the Subrecipient shall be responsible for ensuring that at least 51% percent of the beneficiaries meet the definition of Limited Clientele Activities at 24 CFR 570.208(a)(2). II. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the 10th day of December, 2013 and end on the 30th day of November, 2014. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. III. AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED EIGHTY THREE THOUSAND TWO HUNDRED THIRTY-SIX DOLLARS ($183,236) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds"). Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 3 of 32 Modifications to the "Budget and Scope" may only be made if approv16 ed in advance. HWFFRAnd shifts between line items and project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item and a project component shall only be made with board approval. All improvements specified in Section I. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of quarterly progress reports. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 4 of 32 The Following Table Details the Payment Schedule Pa went Deliverable7Pament Schedule Submission Schedule PermitlDesign ubmission of monthly • Monthly Pians/Engineering Spevoices on AIA G702-1992 /Surveying Costsrm (attached as Exhibit "G") or equivalent document per contractor's Schedule of Values, check stubs, bank statements and any other additional documentation as requested. • Final 10% ($18,323) released upon delivered • Final Delivery completed Design and Engineering Specs, Surveys, and roof of ro er ermits. Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 4 of 32 The Following Table Details the Project Deliverables 16015 Program Deliverable Deliverable Supporting Documentation Submission Schedule Special Grant Condition Policies Policies as stated in this agreement Prior to the disbursement of funds Section I.A.3 Insurance Exhibit A Prior to the disbursement of funds Detailed Project Schedule Project Schedule Within 60 days of Agreement Submission of Exhibit D Exhibit D Execution Quarterly and Annually thereafter until Audit Exhibit E 11/2018 Annually 180 days after FY end Continued Use Continued Use Affidavit Annuallyuntil 2018 Pro am Income Reuse Plan Plan a roved b the Coun Annuall until IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Geoffrey Magon, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 239-252-2336 geoffreymagon@colliergov.net SUBRECIPIENT ATTENTION: Theresa J. Shaw President/CEO Boys & Girls Club of Collier County, Florida, Inc. P.O. Box 8896 Naples, FL 34101 239-325-1765 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non -production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 5 of 32 WAR `5 VI. GENERAL CONDITIONS 16' 'D, I A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. C. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. D. AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to the end date of this agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may subject to CDBG regulations, grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 6 of 32 submitted no later than ninety (90) days prior to end date of this Agreement. 160154 E. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration of termination of this agreement. F. GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. G. DEFAULTS, REMEDIES AND TERMINATION In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. (A) The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 7 of 32 I 1. Failure to comply with any of the rules, regulations or provisions referred to rel, , ouch statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. 5. Submission by the SUBRECIPIENT of any false certification; 6. Failure to materially comply with any terms of this Agreement; and 7. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: 1. Require specific performance of the Agreement, in whole or in part; 2. Require the use of or change in professional property management; 3. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this Agreement; 4. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable; 5. Stop all payments until identified deficiencies are corrected; 6. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. VII. REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 8 of 32 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 an Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: B. DOCUMENTATION AND RECORDKEEPING 1. All records required by CDBG. 2. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. 3. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever, nature for which reimbursement is claimed under the provisions of this Agreement. 4. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for four (4) years after the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520 with the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 9 of 32 -1-6 D 1-15 1 contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. i. 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. 8. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15'" day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes;the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 10 of 32 16DI5 annual financial and programmatic review. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. E. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of the Collier County Purchasing Policy Purchasing Threshold Policy Dollar Range $Quotes Under $3K 1 Written Quote Above $3K to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (IFB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. PROGRAM -GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.503(c) in the operation of the Program. H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 11 of 32 a`� 16D15 records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. X. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (5 1) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. PROGRAM BENEFICIARIES At least fifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "D" of this Agreement. D. AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 12 of 32 the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENTau ij p for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and submitted to County within 30 days of update/modification. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate -income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self. manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.2000). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion. and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing. d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 13 of 32 • Sanctuaries, chapels, or other rooms that a CDBG funded religious congregatidtt t 0115pal place of worship, however, are ineligible for CDBG funded improvements. XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) (Signature Page to Follow) Page 14 of 32 1601 5k IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: DWIGHT • r,, IROCK, GI;ERK Attest as to Chai signature only. 's Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) BOARD OF COU COLLIER COUNTY, By: GEORGIA A. ,ej : ►:4 I timfol uvr_1 `m BOYS & GIRLS CLUB OF COLLIER COUNTY, INC. Theresa J. Shaw President/CEO Boys iris Club of Collier County, Florida, Inc. OF Approved as to form and legality: tD` Jennife . Belpedio Assistant County Attorney Q7 Page 15 of 32 a� 16D15 EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: Workers' Compensation as required by Chapter 440, Florida Statutes 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 16 of 32 ON OPERATION/MANAGEMENT PHASE (IF APPLICABLE) 160154 After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 9. Workers' Compensation as required by Chapter 440, Florida Statutes, 10. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. H. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 12. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 13. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 17 of 32 0 '15 EXHIBIT "B" 1-16 D 1 COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES j REQUEST FOR PAYMENT SECTION I: REOUEST FOR PAYMENT Sub recipient Name: Boys & Girls Club of Collier County Florida Inc Sub recipient Address: Project Name: Permits and Design Project No: Payment Request # Dollar Amount Requested: $ Date Period of Availability: 12/10/13-11/30/14 Period for which Agency has incurred indebtedness: SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account $ $183,236 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Date Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 18 of 32 0 EXHIBIT "C" 16 0 1 r--, RELEASE AND AFFIDAVIT FORM The SUBRECIPIENT certifies for itself and its contractors, subcontractors, vendors, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final) Request for Payment. BOYS & GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. Witness: /4-1.0 B BY: -,Jai) � �2t PP , ,�1 ��tt ITS: CL�fi 17 SS, .,f 1 617 �L4 DATE: _1'- / 3 ' Zo 1 Print name and title STATE OF �i,c.. COUNTY OF Cv /// The foregoing instrument was acknowledged before me this 1,3 day of 20/ b Vlucs,- S 5hc— as �, ��G y �� CZ-�— of A Choose of -For -Pro rt or Corporation or Municipality on behalf of Choose Not -For -Profit, Corporation or Municipa 1ty . He/She is rsonall known o me OR has produced as identification and who did (did not) take an oath. My Commission Expires: 9K _ (Signature Name: c -i olri- (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of. FF, -.,SANDRALTR:21:2016 ommission No.: MY COMMISSION M E576 EXPIRES: October ..... <g c Bonded Thru Notary Publie"rwwl am Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 19 of 32 EXHIBIT "D" QUARTERLY PROGRESS REPORT Sub -recipients: Please fill in the following shaded areas of the report Agency Name: Project Title: Program Contact: 1-MAlml ,vl_ Telephone Number:.,r 'REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): -1 6tl S 44 Date: Alternate Contact: L131/14 id06/30/13 p (�9l30/13 2/31/13 g Please take note: The CDBG/HOME/ESG Program year begins October 1, 2013 -September 30, 2014. Each quarterly report needs to include cumulative data beginning from the start of the program year October 1, 2013, 1 Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 20 of 32 roil)U 11 Yes No 3. 4cw`- CehtYgi 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 r iy t. r ,HOPWA Other Funds - Other Federal Funds ESG r { HOME Total = 3 Total Other Funds - EntitlementFunds Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 21 of 32 EXHIBIT "D" a l"'c1gy YKIIAMESS REPO 4, Total No of adult fame- as served Total No. of fem served under 18: b. Total No, of adult males served Total V males served under 18 TOTAL: 0 TOTAL: 0 C. Total Nooft.. iii.. served IMM Total No. of female head of household-ffia a. Total number of adult females served: r5tl,NToal number of females served tyKk b. Total number of adult males served t2w-'t ¢Totalnumber ofmales served under TOTAL:A 0 TOTAL: 0 C. Total No. of families served gTota 0 of female head of household IN 16015 Complete EITHER g 0" #7 OR Complete question 07 if your program Only serves clients in one Or more of the listed HUD Presumed Benefit .gn.. Complete stion ire ff Y client in your Program does not fall into Presumed Benefit cat" DO NOT COMPLETE BOTH QUESTION 7 AND 8. 7. PR68J1M@��EN�FICi7R Indicate the total number of UNDUPLEATEp I Persons served since October I who fall into Indicate the total number Of L&DIZELACAMW persons each presumed benefit category (the total served since October I who fall Into each Income should equal the lots/ in question #6): category (the total Should equal the total in question #6): Report as: Report as: Abused Children — I I , Extremely low Income (0-30%) Homeless Person Low Income (31-501/6) Battered Spouses Moderate Income (51 -ao%) Persons w/ HfVIAIDS Above Moderate Income (>80%) Elderly Persons Veterans C hrOnicalty/ Mentally ill Physically Disabled Adults Other -Youth TOTAL: 0 TOTAL: 0 9. Please Indicate how many UNpj& L7, L&AIM clients served since October fall Into each race category. In addition to each race category, please indicate how many persons In each race category panic consider themselves His (Total Race column should equal the total cell). RACE While Black/African American Asian American indiarvk/Alaska Native Native HawaiiantOther Pacific Islander I AmOl-call IrKw"Alaskan Native & white Black/African American & White Am Indian/Alaska Native a Black/African Am, Other Multi -racial Other TOTAL: 0 Name; Title: Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 22 of 32 of whom, how many are Hispanic? of whom, how many are Hispanic? Of whom, how many are Hispanic? Of whom, how marry are Hispanic? Of whom, how many are Hispanic? Of whom, how many are Hispanic? Of whom. how many we Hispanic,? Of whom, how many are Hispanic? of whom, how many are Hispanic? of when, how many are Hispanic? 0 TOTAL HISPANIC Signature: signature ON(- EXHIBIT «E» b D1,5 ANNUAL AUDIT MONITORING REPORT County Housing, Human and Veterans Services Department o moni orrr oust recipientseof fedsee raloarivarand determine whether they have met the audit requirements of the circular and whether th compliance with federal laws and regulatins. Accordingly, we are requiring that you checke nerof the following, provide all appropriate documentation re ardin re uirements, si n'and date this form. g 9 Your organization's compliance with the audit Sub recipient Boys & Girls Club of Collier Count Name Florida, Inc. Y Fiscal Year Period Total State Financial Assistance Expended during most recentl com Ieted Fiscal Year $ Total Federal Financial Assistance Expended during most recentl ,com let .. Fi. dal • r._,.- $ Check Appropriate Boxes = . are not subject to 1c3rF' u[n.PJe100 001" -1. A=133 audit. A c P--. �,,,,,J s attached COPY of the audit report ►00 federallstate eXpenditu►ehreshold for ourfiscal year ending as °ct .,P,complete ourCirclul-at A -A33 audit by Within the A-133 audit, we will provide a copy of the audit report and 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 Are a for-profit organization Tint Name and Title -Thty-CsC4. -T. Ska") pre.si Boys & Girls Club of Collier County, Florida, Inc. 2013.2014 CDBG (CDBG13-04) Page 23 of 32 e- c- D i-I--I3-w1r3 16D.1 5 EXHIBIT "F" LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS 1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended 4. Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. 7. Title 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 be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 24 of 32 16 D 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. 18. Public Law 100-430 - the Fair Housing Amendments Act of 1988. Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG 13-04) Page 25 of 32 19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations and specified by the following subsections: Subpart A — General; Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; Subpart C — Post -Award Requirements, except for: o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; o Section 84.23, Cost Sharing and Matching; o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; o Section 84.25, Revision of Budget and Program Plans; o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; o Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the following applies: ■ In all cases in which equipment is sold, the proceeds shall be program income (pro- rated to reflect the extent to which CDBG funds were used to acquire the equipment); and ■ Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.35, Supplies and other Expendable Property o Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; o Section 84.52, Financial Reporting; o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: ■ The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be four years; and ■ The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7); and Subpart D — After -the -Award Requirements — except for 84.7 1, Closeout Procedures 20. 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. 21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 26 of 32 C-�*G 1601.= 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20`'' Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 25. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. 27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. 28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. 29. The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug - Free Workplace Act of 1988 (41 USC 701). Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 27 of 32 C9 i" 6 U 1111) 30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments and Indian Tribes follow: • A-87 for Cost Principles • A-102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow• • A-21 for Cost Principles • A-110 for Administrative Requirements Non -Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements 32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133, Audits of States, Local Governments, and Non -Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. 34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. 35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 28 of 32 16DI5 -1 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 40. Florida Statutes,119.071, Contracts and Public Records Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 29 of 32 c� -v i EXHIBIT "G"•� � q ' AIA G702-1992 Form 16 OAIADocument TAI_— G702 1992 Instructions APPlication and Certificate for Payment GENERAL INFORMATION Purpose and Related DoeurIIents 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 ustxt on a Project where n 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. Lyse of Current Documents Prior to using any AIA Contract Document, users should consult www.aia.ore or it local A I A ...,...---- .._ edition. Reproductions This document is a copyrighted tvark and may not be -reproduced or excerpted from without the express written permission of the AIA. Then[: is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce thisrdocument. 'rhe ,AIA hereby gtalits the purchaser a limited license to reproduce a maximum of ten copies of a completed 0702, but only for use in connection with a particular 0 abgect, The AIA will not permit reproduction outside of the limited license for reproduction granted ove, 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 (1•,ULA). To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legalcounsel, copyright Ca0aia.org. COMPLETING THE G702 FORM After the Contractor has compieted AIA Document 0703, Continuation Sheet, summary information should he transferred to AIA Document 0702, Application and Certificate for Payment. The Contractor should sign 0702, 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 6702. The Architect may certify a different amount than that applied lur, pursuant to Sections 9.5 and 9.6 of A201. The Architect should then initial all figures on 0'702 and 0703 that have been changed to confiorm to the amount. versified attd attach an explanation. The completed C'i702 and Ci703 sltould lie forwarded to the Owner. MAILING PAYMENT The Owner should make payruent directly to the Contractor based on the tanount certified by the Architect on AIA DCtcufilent 0,702, Applicationand GPti ycate forIlayrnem. The completed form contains the name and address of the Contractor. Payment should not , made to an other art unless s eciftesily indicated on 0702.be EXECUTION OF THE DOCUMENT Persons executing the document should indicate the capacity in which they arc acting (i.e., president, secretary, partner, etc.) and the authority under which they are executing the document. Where appropriate, a copy of the resolution authorizing the individual to act ort Bn behalf of the firm or entity should he attached. AIA Document is prof —1882. Copyrigryt ®1953; 1:963. 1985,.1971:, 1978, 1983 and 1992 by The American Institute of Architects. All rights reserved.. WARNINO: This AIA~ y Document la protected by U'.S. Copyright l.aw and Internatlonel Trestles. Unauthorised reproduction Of distribution of this AIAe Document, or shy (1 may result to severs efva and completedminal . penalties, and yrfwilbe prosecuted to the maxlmum extant possible under the Ie W. Purchasers are permated to reproduce ten (t0) coplos of this document when completed. To report oopyrfght violations of AIAContractpoeumsnta, a -mail The American Institute of Architects' legal counsel, copynghtQala.org. Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 30 of 32 CHANGE ORDER SUMMARY ADDITIONS DLDi'C9lONS Total ebaa appmved in,previous tnonths by Owner S $ Total approved this Monti! $ $ TOTALS S $ NET CHANGES by Change Order S ry �.,r�wK••r �rw v a urc W✓fuueuCfLtlfi ,)rfCCi iHRF:Rfl! GJrnftgt4 w Crin,%Rrmmm the dmounr millm) ARCHITECT: By; Date: This Celsificate is notneVi`rable. The AMOUNT CERTIFIED is paYable Doty to the Cotttlacwr named berein, lssrlarke; payment and adceptance of payment are without prejudice w any rights of the Owner or Contractor tinder this Contract AIA Oommem t37921v -1992, Copyright 01953,1963,1965,1971,19713,19@3 and 1992 by The kmMm Ir sr" ai Architects. All right, reserved. WARNING: This AIA® ttocument to protected by U,& Copyright law ' and International Treaties. Unauthorized reproduction or distribution of this AIA« Document, or any portion of Ilmay result In severe clog and crimirw penalties, and will be prowtiled to the maximum extent Possible under ft taw. Purchasers are permitled to roproduce len (10) MOOS of this document when ONVIeled, To report copyright violation of AIA Contract Documenls, eanea The American Institute of Architects' legal counsel. copyrigN@smurg. Boys & Girls Club of Collier County, Florida, Inc. 2013-2014 CDBG (CDBG13-04) Page 31 of 32 �y_l 16 0 15 CONTINUATION SHEET AIA DOCUMENT G703 Qnsructions on reverse side) PAGE of eAG�s ALA Document G742, APPLICATION AND CERTIFICATE FOR PAYMENT; APPLICATION NO.: containing ContractorS signed Certification, is attached. APPLICATION DATE: In tabulations below, amounts are slated to the nearest dollar. PERIOD TO: Use Column I on Contracts where variable reminage for line items may apply. ARCHITtEV'S PROTECT NO.: