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Agenda 06/25/2019 Item #16D 1 (HUD Entitlement Agreements)06/25/2019 EXECUTIVE SUMMARY Recommendation to authorize the Chairman to sign the standard U.S. Department of Housing and Urban Development (HUD) entitlement agreements upon arrival; approve and authorize the Chairman to sign fifteen (15) subrecipient agreements for activities previously approved in the FY 2019-2020 Action Plan for the Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Solutions Grant (ESG) Programs; and authorize the necessary Budget Amendments, in the amount of $3,649,150, for the HUD Fiscal Year 2019-2020 budget as approved in the HUD Action Plan for entitlement funds. (This item is a companion to Agenda Item 16.D.2) OBJECTIVE: To accept and expend federal funds to assist the citizens of Collier County. CONSIDERATIONS: HUD offers entitlement funds to allow local governments to meet program- specific community needs. CDBG funds a wide variety of projects such as infrastructure, acquisition, public services, and public facility rehabilitation. HOME funds rental assistance, new housing construction, and rehabilitation of single and multi-family homes. ESG funds homeless programs. On June 28, 2016, the Board of County Commissioners (Board) approved the County’s Five -Year Consolidated Plan for use of entitlement funds for the period of FY 2016-2021. The FY 2019-2020 Annual Action Plan is a companion item for the Board approval on June 25, 2019 Meeting (Agenda Item #9175) with the following funding: FY 2019-2020 Allocations CDBG HOME ESG Total Award $2,500,693 $633,746 $200,352 $3,334,791 Program Income $222,988 $36,971 $0 $259,959 Prior Year Resource $297,576 $932,693 $0 $1,230,269 $3,021,257 $1,603,410 $200,352 $4,825,019 The companion item approving the 2019-2020 Action Plan outlined the following activities and funding: Organization FY 2019-2020 Funding Purpose CDBG Youth Haven $35,531 Disaster Mitigation Youth Haven $317,207 Odorzzi Cottage Rehabilitation City of Naples $108,450 12th St Sidewalk Immokalee CRA $476,365 Sidewalks - South Immokalee Bayshore CRA $300,000 Fire Suppression - Phase 3 Immokalee Fire Control District $311,646.57 Design and Engineering of the new station BCC-Stormwater Management $80,000 Design of Naples Manor stormwater, streetlight, and sidewalk project BCC- Facilities Management $90,000 Building Improvement - Senior Center Shelter for Abused Women & Children $182,217 Restroom Renovations Legal Aid Services of Collier County $200,000 Renovations/Roof Repair 16.D.1 Packet Pg. 1802 06/25/2019 CDBG Public Services Legal Aid $180,104 Services to Victims United Cerebral Palsy $75,000 Transportation Services for Disabled Persons Children's Advocacy Center $75,000 Family Safety Program Boys & Girls Club- Immokalee/Naples $45,000 Transportation Services for Youth ESG Shelter for Abused Women and Children $114,286 Shelter Operations Hunger & Homeless Coalition of Collier County $40,000 Homeless Management Information System (HMIS) NAMI (National Alliance for the Mentally Ill) $31,040 Rapid Re-Housing of Homeless Persons The agreements for funding of County projects are in the form of a Memorandum of Understanding to document grant requirements as required by HUD. Three (3) HOME-funded activities involving housing construction, rehabilitation, and tenant-based rental assistance will be brought to the Board at a future date after credit underwriting and other HUD requirements have been completed. The Community and Human Services Division (CHS) is requesting the Board authorize the Chairman to execute the fifteen (15) subrecipient agreements. The agreement period of performance will commence October 1, 2019, and eligible expenditures will be reimbursed from October 1, 2019, forward. No federal funds will be reimbursed for any subrecipient agreement until the HUD entitlement agreements are signed by the Board Chairman and the subrecipient receives a notice to proceed. Staff has completed a compatibility analysis between the Consolidated Plan, the subrecipient’s grant application, the FY 2019-20 Action Plan, the priority needs categories, and the subrecipient’s scope of work. Staff confirms that the projects are compliant with the Consolidated Plan and the FY 2019 -2020 HUD Annual Action Plan. Board approval of the subrecipient agreements confirms the basis upon which payment is to be made; only to change thereafter by Board approved a substantial amendment and/or contract amendment, if needed. CHS operates its Federal grant cycle from October 1 to September 30 to coincide with the County’s budget year. Staff salaries are an eligible expense under the administrative portion of the grant funding and the primary funding source used to support CHS staff that administers the CDBG, HOME, and ESG funds to the sub-recipients. HUD funds are available October 1, 2019, for fiscal year October 1, 2019, to September 30, 2020. However, due to HUD’s internal administrative processes, we do not know when we will receive the requisite entitlement agreements. By approving this item, the Chair will have the authorization to sign the funding agreements and staff will have the ability to draw down these funds for administration. FISCAL IMPACT: The HUD grant agreements of $3,334,791, projected program income of $259,959, and prior year resources of $1,230,269 for a total of $4,825,019 will allow CHS to administer, implement, and monitor the projects outlined in the FY 2019-2020 Annual Action Plan. Costs associated with grant administration and staffing are primarily covered by the entitlement funding with a required match contribution for the ESG Program ($54,400). Projects are established as CDBG 33631, HOME 33632 and ESG 33633. Budget Amendments are 16.D.1 Packet Pg. 1803 06/25/2019 required in the amount of $2,723,681 for CDBG, $670,717 for HOME, and $200,352 for ESG within Housing Grant fund (705). The related match amount of $54,400 will be available within FY2020 Housing Grant Match (706) Reserves funded by the General Fund. A Budget Amendment in the amount of $54,400 is required in FY2020 to appropriate the reserve amount of $54,400 to ESG Project (33633). LEGAL CONSIDERATIONS: The HUD entitlement grant agreements and certifications will be approved for form and legality only if substantially identical to documents received in past years from HUD. The subrecipient agreements are back-up to this item. This item is approved as to form and legality and requires a majority vote for approval. -JAB GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this amendment will further the Goals, Objectives, and Policies of the Housing Element of the Growth Management Plan. RECOMMENDATION: To authorize the Chairman to sign the standard HUD entitlement agreements upon arrival; approve and authorize the Chairman to sign fifteen (15) subrecipient agreements for activities previously approved in the FY 2019-2020 Action Plan for the CDBG, HOME, and ESG Programs; and authorize the necessary Budget Amendments, in the amount of $3,649,150, for the HUD Fiscal Year 2019-2020 budget as approved in the HUD Action Plan for entitlement funds. Prepared By: Cormac J. Giblin; Manager - Housing, Grant Development, and Operations; Community and Human Services Division ATTACHMENT(S) 1. [Linked] Signed Agreements for FY 2019-2020 (PDF) 16.D.1 Packet Pg. 1804 06/25/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.1 Doc ID: 9188 Item Summary: Recommendation to authorize the Chairman to sign the standard U.S. Department of Housing and Urban Development (HUD) entitlement agreements upon arrival; approve and authorize the Chairman to sign fifteen (15) subrecipient agreements for activities previously approved in the FY 2019-2020 Action Plan for the Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Solutions Grant (ESG) Programs; and authorize the necessary Budget Amendments, in the amount of $3,649,150, for the HUD Fiscal Year 2019-2020 budget as approved in the HUD Action Plan for entitlement funds. (This item is a companion to Agenda Item 16.D.2) Meeting Date: 06/25/2019 Prepared by: Title: – Community & Human Services Name: Susan Golden 06/03/2019 11:02 AM Submitted by: Title: Manager - Federal/State Grants Operation – Community & Human Services Name: Kristi Sonntag 06/03/2019 11:02 AM Approved By: Review: Community & Human Services Leslie Davis Additional Reviewer Completed 06/03/2019 12:15 PM Community & Human Services Cormac Giblin Additional Reviewer Completed 06/03/2019 12:47 PM Community & Human Services Jose Alvarado Additional Reviewer Completed 06/03/2019 5:02 PM Community & Human Services Maggie Lopez Additional Reviewer Completed 06/04/2019 11:32 AM Community & Human Services Kristi Sonntag CHS Review Completed 06/05/2019 1:26 PM Public Services Department Joshua Hammond Level 1 Reviewer Completed 06/07/2019 7:58 AM Public Services Department Todd Henry Level 1 Division Reviewer Completed 06/07/2019 1:35 PM Grants Erica Robinson Level 2 Grants Review Completed 06/11/2019 8:45 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/11/2019 11:14 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/17/2019 11:56 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/17/2019 12:04 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/17/2019 2:17 PM Budget and Management Office Ed Finn Additional Reviewer Completed 06/17/2019 3:55 PM 16.D.1 Packet Pg. 1805 06/25/2019 Grants Therese Stanley Additional Reviewer Completed 06/18/2019 10:15 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 06/18/2019 1:38 PM Board of County Commissioners MaryJo Brock Meeting Pending 06/25/2019 9:00 AM 16.D.1 Packet Pg. 1806 FAIN # B -19 -UC -12-0016 Federal Award Date Est. 10/2019 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $35,531 Subreci lent Name Youth Haven, Inc. DUNS# 077283349 FEIN 23-7065187 R&D No Indirect Cost Rate No Period of Performance 10/1/2019-04/30/2021 Fiscal Year End 6/30 Monitor End: 04/30/2026 AGREEMENT BETWEEN COLLIER COUNTY 0011111- I : / VA D1`►AI►[M THIS AGREEMENT is made and entered into this _ day of 20� by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and Youth Haven, Inc, ("SUBRECIPIENT"), having its principal office at 5867 Whitaker Road Naples, Fl. 34112. WHEREAS, the County has entered into an agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (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 2019-2020 for the CDBG Program with Resolution 2019- on June 2019 —Agenda Item ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised the 2018/2019 Annual Action Plan, on May 24, 2019, with a 30 -day Citizen Comment period from May 24, 2019 to June 25, 2019; and WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking the CDBG CD19-05 Youth Haven Disaster Mitigation . Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 1 P NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Youth Haven Disaster Mitigation Description of project and outcome: CHS, as administrator of the CDBG program, will make available CDBG funds up to the gross amount of $35,531 to Youth Haven, Inc. to fund: Purchase materials and perform related construction/installation activities for disaster mitigation project including but not limited to water/sewer and emergency power upgrades. The property will be deed restricted for five (5) years commencing on the date of initially meeting one of the National Objectives, in accordance with 24 CFR 570.505, if applicable. 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this agreement, the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project, excluding Public Service projects. B. The following resolutions and policies must be submitted by SUBRECIPIENTS within sixty (60) days of this agreement: ® Affirmative Fair Housing Policy ® Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy ® Procurement Policy ❑ Uniform Relocation Act Policy ® Sexual Harassment Policy ® Procedure for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12U.S.C. 794 1 u) ® Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 2 b� E Fraud Policy C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of any reimbursement of funds under this Agreement. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component l: Purchase materials and perform related $35,531 construction/installation activities for disaster mitigation project including but not limited to water/sewer and emergency ower upgrades. Total Federal Funds: $35,351 The Subrecipient will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ❑ Maintain and provide to the County, as requested, beneficiary income certification documentation ® Maintain and provide National Objective Documentation Provide Quarterly Reports on National Objective and project progress Required attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS. ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation. ® Identify Lead Project Manager ® Provide Site Design and Specifications ® Comply with Davis Bacon Labor Standards ® Comply with Section 3 and maintain documentation and reporting requirements ® Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable affordability period for the project is met B. National Objective The CDBG program funds awarded to Collier County must benefit low -moderate income persons (LMI). As such the Subrecipient shall be responsible for ensuring that all activities and beneficiaries meet the definition of: ❑E Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation LMA — Low/Mod Area Benefit Page 3 9 ® LMC — Low/Mod Clientele Benefit ❑ LMH — Low/Mod Housing Benefit ❑ LMJ— Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons based on HUD determined eligible census tracts. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMC: Must document that at least 51 percent of persons served, are low to moderate income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMB: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must have at least 51 percent occupied by LMI households and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1 agreement agreement execution Insurance Insurance Certificate Within 30 days of agreement execution and Annually within thirty 30 days of renewal Detailed Project Schedule Project Schedule Within sixty (60) days of agreement execution Project Plans and Specifications Site Plans and Specifications Prior to procurement Subcontractor Log Subcontractor Log Initially at construction start, and quarterly thereafter Submission of Progress Report Exhibit C Quarterly reports within 10 days following the end of the quarter. Final report due 60 days after agreement ends. Section 3 Report Quarterly report of new hire Quarterly information Davis -Bacon Act Certified Weekly Within 21 days of receipt Payroll Financial and Compliance Audit Audit, Management Letter and Annually: nine (9) months after Exhibit E FY end for Sin le Audit OR one Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 4 do D. Payment Deliverables Payment Deliverable Payment Supporting Documentation hundred eighty (180) days after Project Component 1: Purchase Submission of supporting documents FY end Continued Use Certification Continued Use Affidavit, if Annually; for five (5) years after construction/installation activities applicable meeting the National Objective Revenue Plan for maintenance Plan approved by the County Initial Plan due after completion and Capital Reserve per contractor's Schedule of Values and of construction. Annually; water/sewer and emergency any additional documents as needed. through the period of continued power upgrades. use Program Income Reuse Plan Plan Approved by the County Not applicable D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Purchase Submission of supporting documents Submission of materials and perform related must be provided as backup as evidenced monthly invoices. construction/installation activities by, banking documents, completed AIA for disaster mitigation project G702-1992 form, or equivalent document including but not limited to per contractor's Schedule of Values and water/sewer and emergency any additional documents as needed. power upgrades. The County will pay up to 90% of the total grant award or project costs whichever is lower upon proof of proper payment. The remaining 10% of the award or Following close out project costs will be released upon final monitoring monitoring clearance and meeting a National Objective For clarity, the County will not withhold 10% on each payment, rather, the last 10% will only be paid as previously specified. Final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. Failure by the subrecipient to achieve the National Objective will require repayment of the CDBG investment under this agreement. 1.3 PERIOD OF PERFORMANCE Services of the Subrecipient shall start on October 1, 2019 and shall end on April 30, 2021. 1.4 AGREEMENT AMOUNT Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 5 The COUNTY agrees to make available (Thirty Five Thousand Five Hundred Thirty One) Dollars ($35,531.00) for use by the SUBRECIPIENT, during the term of the agreement (hereinafter, shall be referred to as the "Funds"). Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and does not signify a change in scope. Fund shifts that exceed 10 percent of the agreement amount shall only be made with Board approval. 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 CHS. 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 the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations may 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 after the end of the agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements. Except where disputed for noncompliance, 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." Youth, Haven, Inc t7� CD19-05 Youth Haven Disaster Mitigation Page 6 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section (Section 1.5 -Cost Principles) of this agreement, SUBRECIPIENT is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E -Cost Principles. A Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart E and may impose requirements upon the Developer, in order for the COUNTY to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. 1.6 NOTICES Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, 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: Lisa Oien, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Lisa.Oien@colliercountyfl.gov Telephone: (239) 252-6141 SUBRECIPIENT ATTENTION: Joyce Zirkle, Director of Finance and Operations 5867 Whitaker Road Naples, Florida 34112 Email: Joyce.Zirkle@youthhavenswfl.org Telephone: (239) 687-5180 Youth, Haven, Inc OVO CD19-05 Youth Haven Disaster Mitigation Page 7 PART H GRANT CONTROL REQUIREMENTS 2.1 AUDITS 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. Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current GRANTEE policy concerning SUBRECIPIENT audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F -Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 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 is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time, upon request by the COUNTY or CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), 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. Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page g Od0 D. Upon completion of all work contemplated under this agreement, copies of all documents and records relating to this agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333, with the following exception: if any litigation, claim, or audit is started before the expiration date of the five (5) 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 2 CFR 200.336. The SUBRECIPIENT shall 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 COUNTY. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329 Michael.Cox(a)colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of 1931, 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. 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 CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. 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 Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 9 ObJ 2.3 determinations, as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes 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 2 CFR 200.336 and 2 CFR 200.337. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180) days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may 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 CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required, The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards, as stated, with all other applicable laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY; will constitute noncompliance with this agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2,4 PREVENTION OF FRAUD AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this agreement and to provide for the proper and effective management of all Program and Fiscal activities of the agreement. SUBRECIPIENT's internal control systems and all transactions and Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 10 GAJ other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent waste, fraud, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: Initial non-compliance may result in Findings or Concerns being issued to the SUBRECIPIENT, which will require a corrective action plan be submitted to the COUNTY within 15 days following issuance of the report. • Any pay requests that have been submitted to the COUNTY for payment will be held until the corrective action plan has been submitted. CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, in order to correct the non-compliance issue. 2. If in the case SUBRECIPIENT fails to submit the corrective action plan in a timely manner to the COUNTY, the COUNTY may require a portion of the awarded grant amount be returned to the COUNTY. • The COUNTY may require upwards of five percent (5%) of the award amount be returned to the COUNTY, at the discretion of the Board of County Commissioners. • The entity may be denied future consideration as set forth in Resolution No. 2013-228. If in the case SUBRECIPIENT continues to fail to correct the outstanding issue or repeats an issue that was previously corrected and has been informed by the COUNTY of their substantial non-compliance by certified mail; the COUNTY Youth, Haven, Inc CD19-D5 Youth Haven Disaster Mitigation Page 11 O b� may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, be returned to the COUNTY. • The COUNTY may require upwards often percent (10%) of the award amount be returned to the COUNTY, at the discretion of the Board of County Commissioners. • The SUBRECIPIENT will be considered in violation of Resolution No. 2013- 228. 4. If in the case, after repeated notification, SUBRECIPIENT continues to be substantially non-compliant, the COUNTY may recommend the contract or award be terminated. • The COUNTY will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The SUBRECIPIENT will be required to repay all funds disbursed by the COUNTY for the project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If in the case SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be non-compliant, the above sanctions may be imposed across all awards at the BCC's discretion. 2.6 REPORTS Reimbursement may be contingent upon 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 10th 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 including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "C". Exhibit "C" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or 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. Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 12 O bJ PART III TERMS AND CONDITIONS 3.1 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. 3.2 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 subpartK of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604; (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the SUBRECIPIENT is required to follow federal procurement; and (4) for Developers, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the funds provided under this agreement. The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement rather than supplant funds otherwise available. 3.3 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 COUNTY 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. 3.4 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 COUNTY'S governing body. Such amendments shall not invalidate this agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under 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 Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 13 activities to be undertaken as part of this agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS 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, or the reduction of funds awarded by HUD to Collier County, to a level, determined by the County Manager, to be insufficient to adequately administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In either 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. 3.6 IlVDEAVUFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the 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 there- on. 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 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.. 3.7 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 Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 14 U public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (IIUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" 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. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by either the COUNTY 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 COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this agreement: A. 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. B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement. C. Ineffective or improper use of funds provided under this agreement. D. Submission by the SUBRECIPIENT to the COUNTY reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification. F. Failure to materially comply with any terms of this agreement. G. Failure to materially comply with the terns of any other agreement between the COUNTY and the SUBRECIPIENT relating to the project. Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 15 J 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: A. Require specific performance of the agreement, in whole or in part. B. Require the use of, or change in, professional property management. C. Require immediate repayment by SUBRECIPIENT to the COUNTY of all CDBG funds that SUBRECIPIENT has received under this agreement. D. Apply sanctions, if determined by the COUNTY to be applicable. E. Stop all payments, until identified deficiencies are corrected. F. 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. 3.9 REVERSION OF ASSETS In the event of a termination of this 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 property 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 or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until all insurance required, as outlined in Exhibit "A" and 2 CFR 200.310, has been obtained, and said insurance shall be carried, at all times, during SUBRECIPIENT's performance under the agreement. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 16 Od U Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.12 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through .326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Range: Competition Required $0-$3,000 Single Quote with documentation $3,000 - $50,000 3 Written Quotes $50,000+ Formal Solicitation TB, RFP, etc. All improvements specified in Part 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 contracts for improvements with the lowest, responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.13 PROGRAM GENERATED INCOME No Program Income is anticipated. In the event Program Income is derived from the use of CDBG funds disbursed under this agreement, such Program Income shall be utilized by the SUBRECIPIENT for CDBG-eligible activities, approved by COUNTY. 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 -ase plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When program income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program, for further reallocation. Public Facilities and Improvements: Public facilities that are acquired, constructed, rehabilitated, or otherwise improved with CDBG funds are subject to this requirement. This includes parks, libraries, community centers, and any other facility whose primary purpose is a public one. For these facilities, program income is the income generated by the use of the facility, less the operating costs associated with generating the income. The COUNTY considers utilities, property insurance, and facility maintenance to be operating costs that should be subtracted from revenue to determine net program income. For each funded project, the SUBRECIPIENT must submit for the COUNTY's approval a list of proposed costs incidental to the generation of the program income. Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 17 Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved, in whole or in part, with CDBG funds shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208, during the continued use period, as referenced in section 3.14 (Grant Closeout Procedures) of this agreement. If the SUBRECIPIENT sells, transfer, disposes of, or otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG National Objective, the SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage of the current fair market value of the property, after subtracting disposal costs. Such percentage shall have as its basis, the percentage of the appraised value attributable to CDBG and non-CDBG funds expended for the original acquisition of, or improvement to, the property under the terms of this agreement. Such payment shall constitute program income to the COUNTY. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with the COUNTY after the five (5) year continued use period has been met (for public services, "after the expiration of the Agreement"). The continued use period shall commence with the later of the Subrecipient meeting the National Objective or the recording of lien and/or deed restriction documentation). Activities during this closeout period shall include, but are not 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 Part 2.2, 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 that have been advanced or paid must be returned to the COUNTY. Any funds paid exceeding the amount SUBRECIPIENT is entitled to 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. Closeout procedures must take place in accordance with 2 CFR 200.343. 3.15 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. Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 18 ^ J 3.16 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 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. 3.17 PROGRAM BENEFICIARIES At least 51 percent of the beneficiaries of a project funded through this agreement must be low - and moderate- income persons or presumed to be low- to moderate- income persons based on applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than 30 percent 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 "C" of this agreement. 3.18 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 prior to the award of funds. The Affirmative Action will need to be updated throughout the continued use period and must be submitted to COUNTY within 30 days of update/modification. 3.19 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 SUBRECIPIENT. The SUBRECIPIENT covenants that Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 19 _ it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. 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 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, its employees, or its contractors shall be disclosed, in writing, to CHS 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. 3.20 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 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. Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 20 O Od V 3.21 INCIDENT REPORTING If services to clients are to be provided under this agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. 3.22 SEVERABILITY Should any provision of the agreement be determined to be unenforceable or invalid, such determination shall not affect the validity or enforceability of any other section or part thereof. Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 21 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program httns://www.ecfr.izov/cgi-bin/text-idx?ipl=/ecfrbrowse/Title24/24efr570_main 02.tpl 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. httns://www.ccfr.gov/cgi-bin/text-idx?ipl=/ecfrbrowse/Title24/24cfr58_main_02.t rp 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended b—qs://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/10 9 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. htto://www.hud.aovloffices/Oreo/library/huddoistatement.adlhttas://www.hud.eov/proaram offic es/fair_housing equal ouo/ReasonableAccommodationsl5 Executive Order 11063 — Equal Opportunity in Housing hitps://www.hud.ggy/prowam offices/fair housing equal opp/FHLaws/EX011063 Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs httns://www.archives.L,ov/federal-register/codification/executive-order/ 12259.html 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.0 https://www.law.corncli.edu/cfr/text/24/part-I 07 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended hfps://www.hud.gov/programdescription/title6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.gpo.izov/fdsys/pkiz/CFR-2007-title24-vo13/pdf/CFR-2007-title24-vol3-sec570- 602Tndf 4.7 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. EO 11246: httns://www.hud. ov/program offices/fair housing equal opp/FHLaws/EX011246 EO 11375 and 12086: see item #8 below Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 22 4.8 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. hLtps://www.hud.gov/programdescription/title6 4.9 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 Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients 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." 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. Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 23 U https://www.hud.gov/sites/documents/DOC_12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.ccfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowsc/Title24/24cfrl35 main 02.tp1 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.htid.gov/program offices/fair housing equal opp/FHLaws/109 https:Hpoital.hud.gov/hudportaVHUD?si-c=/pLogram offices/fair housing equal opp/FHLawsB X011063 11246: https://www.dol.gov/ofccp/rens/statutes/eol1246.htm 11375: Amended by EO 11478 11478: https://www.arcbives.gov/federal-register/codification/executive-order/11478.html 12107: https://www.archives.gov/federal-register/codification/executive-order/12107.htmi 12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/reas/statutes/safe0l.pdf 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: https://www.epa.p-ov/civilrights/sec504.htm 29 USC 776: https://law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.comell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot, ovg /real estate/uniform act/index.cfm 4.15 29 CFR Parts 3 and 5 - Regulations that 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). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States https://www.law.comell.edu/cfr/text/29/part-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 24 O d U https://www.law.comell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.phhp?pid=23675 4.16 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. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives.gov/federal-register/codification/executive-order/I 1625.1tml 4.17 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. 24 CFR 570.607: https://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vola/pdf/CFR-2010- title24- vol3-sec570-608.pdf E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm 4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988. bttps://www.ncbi.nlm.iiih.jzov/pubmed/I 2289709 4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. . https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ccfrbrowse/Title02/2cfr200 main 02.1pl 4.20 Immigration Reform and Control Act of 1986 bitps://www.eeoc.gov/ecoe/history/35th/thelaw/irca.htmi 4.21 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 I1I, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida_statutes_ chapter 112 part iii Collier County- http://www.collierp-ov.net/home/showdocument?id=35137 4.22 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 Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 25 O U 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. 4.23 Venue -Any suit of 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, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 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 adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District 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, T141S AGREEMENT. bLtps://www.flsenate.jzov/Laws/Statutes/2012/44.102 4.25 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www.law.comell.edu/uscode/text/42n4Ol b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.law.comell.edu/uscode/text/33/chapter-26 4.26 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. https://www.law.comell.edu/cfr/textt24/570.605 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. https://wwwgpo.yov/fdsy_s/pranuie/CFR- 2000-title24-vo13/CFR-2000-title24-vol3-see570-608-id 163 Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 26 U 4.28 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. bi!ps://www.nps.gov/hiaML/local-law/nhpal966.htm https://www.ccfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800_main _02.tp 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. https://www.nps. pov/histoM local-law/nhpa l966.htm 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). https://www.gpo.gov/fdsys/granule[USCODE-2009-titte4l /U SCODE-2009-title4l-chapl0- sec701 4.30 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. https://www.law.comell.edu/cfr/text/24/570.609 4.31 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. These requirements are enumerated in 2 CFR 200, et seq. 4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 GFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200344, 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. https://www.cefr. gov/cai-bin/text- idx?SID=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8 4.33 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 Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 27 l `' 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 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. https://www.gpo.gov/fds�s/granule/CFR-1999-title49-vol l/CFR-1999-title49-vol l -sec24-101 https://www.gpo.eov/fdUs/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505 4.34 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. http://www.leiz.state.fl.us/Statutes/index.cfm?App mode --Display Statute&Search String_&UR L=0200-0299/0287/Sections/0287.133.html 4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. https://www. sg a.gov/portal/content/104877 4.37 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.govreizs.com/reizulations/expand/title24 part5 subpartA section5.106 4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 28 O V be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. https://www.ecfr.mov/cgi-bin/text- idx?SID=e339ece9fdfdl479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rg =div6 hLtps://www.law.cornell.edu/cfr/text/24/5.1 I 1 4.39 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. hgps://www.federaire ister.gov/documents/2016/11/16/2016-25888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing_proarams 4.40 Any rule or regulation determined to be applicable by HUD. 4.41 Florida Statutes 713.20, Part 1, Construction Liens https://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700- 0799/0713/0713.html 4.42 Florida Statutes 119.021 Records Retention hm://www.iej4.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.02 Lhtm1 4.43 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.efm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.021.htm1 (Signature Page to Follow) Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 29 { G ) IN WITNESS WHEREOF, the SU13RECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder sot their hands and seals on the date first written above. ATTEST: CRYSTAL K, IQNZEL, CLERIC , Deputy Clerk Dated: (SFAL) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: WILLIAM L. MCDANIEL, JR„ CHAIRMAN Date: YOUTH HAVEN, INC. Approved as to form and legality: O� Jennifer A. Belpedio Assistant County Attorney a �� Yueth, Hoven,lnc Coi9-05 �1 aage30 Youth Haven otmter M10satlm PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 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. DESIGN STAGE (IF APPLICABLE) hi 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. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT 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 ofthe 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 Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 31 N 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 than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 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. Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 32 Od0 EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Youth Haven, Inc Subrecipient Address: 5867 Whitaker Road Naples, Fl. 34112 Project Name: Youth Haven Disaster Mitigation_ Proj ect No: Total Payment Minus Retainage_ Period of Availability: through Payment Request # Period for which the Agency has incurred the indebtedness through SECTION H: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Submitted on this Account 3. Total Grant Amount Awarded Less Sum of Past Claims Submitted on this Account 4. Amount of Today's Request 5, 10% Retainage Amount Withheld (if applicable) 6. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) 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 as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) Page 33 W EXRMIT C QUARTERLY PERFORMANCE REPORT DATA GENERAL -Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance Reports. The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Agency Name: Youth Haven, Inc. Date: Project Title: Youth Haven Disaster Mitigation IDIS #: Program Contact: Telephone Number: Activity Reporting Period Report Due Date October I" — December 3151 January 10' January 1't—March 31" April 101" April 1 s' —June 3011 July 10'" Jul Is` — September 30' October 10' REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly rennrt mnat inchide enmulative. data heuinninn frnm the start of the nrn"nrn vear nctnher 1. 2019. 1. Please list the outcome goal(s) from your approved application and subrecipient agreement and indicate your progiress in meeting those goals since October 1, 2019. a. Outcome Goals: list the outcome goal(s) from your approved application and subreci ient agreement Outcome 1: Complete activities required to purchase materials and perform related construction/installation activities for disaster mitigation project, including but not limited to water/sewer and emergency power upgx Outcome 2: Document that at least 51% of persons served are low to moderate income, to meet a CDBG LMI/LMC National Obiective. b. I Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: Outcome 3: 3. 1 Since October 1, 2019; of the persons assisted, how many... *03 Matrix Codes a. b. now have improved access to this service or benefit? 0 9 mac. ...now receive a service or benefit that is no Ionizer substandard? 0 4. What funding sources did the subreci ient apply for this period? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement Funds $ Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 34 a 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/ethnicity, and income data are reported by persons. For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the number of persons in the household. 7. a. Total No. Persons/Adults served 0 LMC Total No. persons served under 18 (LMC) 0 YTD Total 0 YTD Total 0 Quarter Total No. of Persons 0 Quarter Total No. of Persons 0 a Presumed Benefit Activities Onl LMC TR b Presumed Benefit Activities Only LMC YTD ELI 0 Abused Children b. Total No. of Households served 0 Total No. of female head of household (LMH) 0 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethnicity and income data are reported by persons. 7. a. Total No. Persons/Adults served 0 Total No Persons served under 18 (LMC) 0 LMC YTD Total: 0 YTD Total 0 b. Total No. Households served LMH 0 Total No. female head of household (LMH) 0 YTD Total 0 YTD Total 0 8. Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: MCQuarter PRESUMED BENEFICIARY DATA ONLY LMC YTD Indicate the total number of UNDUPLICATED persons served thisugmter who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): Indicate the total number of UNDUPLICATED persons served since October I who fall into each presumed benefit category (the total should equal the total in question #6a or 6h): Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total atestion #6): a Presumed Benefit Activities Onl LMC TR b Presumed Benefit Activities Only LMC YTD ELI 0 Abused Children ELI b 0 1 Abused Children ELI 0 Homeless Person ELI 0 Homeless Person ELI 0 Migrant Farm Workers LI 0 Migrant Farm Workers LI 0 Battered Spouses Ll 0 Battered Spouses LI 0 Persons w/HIV/AIDS LI 0 Persons w/HIV/AIDS LI 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely Disabled Adults LI 0 Severely Disabled Adults LI 0 Quarter Total 0 YTD Total 8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total atestion #6): in Indicate the total number of UNDUPLICATED persons served since October I (YTD) who fall into each income category (the total should equal the total in question #6): a ELI Extremely Low Income (0-300/.) 0 b ELI Extremely Low Income (0-30%) 0 LI Low Income (31-50%) 0 LI Low Income 0 MOD Moderate Income (51-80"/0) 0 MOD Moderate Income (51-80%) 0 NON- L/M Above Moderate Income (>80%) 0 NON- L/M Above Moderate Income (>80%) 0 Quarter Total 0 YTD Total 0 Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 35 Od J 9. Racial & Ethnic Data if applicable) Please indicate how many UNDUPLICATED clients served this Quarter 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 in question 6.question Please indicate how many UNDUPLICATED clients served since October (YTD) 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 in 6. a. RACE ETHNICITY /HISPANIC b. RACE ETHNICITY /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska Native 0 0 Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific Islander 0 0 Black/African American & White 0 0 Black/African American & White 0 0 American Indian/Alaska Native & 0 0 Black/African American American Indian/Alaska Native & 0 0 Black/African American Other Multi -racial 0 0 Other Multi -racial 0 0 0 0 0 0 Name: Signature: Title: Your typed name here represents your electronic signature Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 36 Od v EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete form, and retain appropriate supporting documentation, to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names — All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave blank. B(c) Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 37 Od V A. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minos Member Wages / Benefits / Public Other Salaries Pensions Assistance Income (include tips, Asset commissions, Income bonuses, and overtime) (Enter the 1 greater of 2 box B(b) or 3 box B(c), in above, 4 box C(c) 5 below) 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 1 0.00 0.00 0.00 Enter total of items C(a) through C(e). 0.00 This amount is the Annual Anticipated Household Income. B. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. Uwe certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083. Signature of Head of Household Signature of Spouse or Co -Head of Household Adult Household Member (if applicable) Adult Household Member (if applicable) Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Date Date Date Date Page 38 O C� A. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s) constitme(s) a: ❑ Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/501 of the Very Low Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit Based upon the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Date Printed Name Title B. Household Data Number of Persons By Race / Ethnicity B Age Native American Hawaiian or 0-25 26-40 41-61 62+ Indian Asian Black OtherPac. White Other Islander Hispanic Non - Hispanic NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation Page 39 r, EXIIIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by established by 2 CFR Part 200, Subpart F - Audit Requirements. This form may be used to monitor Florida Single Audit Act Statute 215.97 requirements. Subrecipient Name First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DD/YY Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a Single Audit as required by 2 GFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the 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. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title Youth, Haven, Inc CD19-05 Youth Haven Disaster Mitigation 06/18 Page 40 FAIN # B -19 -UC -12-0016 B -18 -UC -12-0016 B -17 -UC -12-0016 Federal Award Date Est. 10/2019 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $317,207 Subreci ient Name Youth Haven, Inc. DUNS# 077283349 FEIN 23-7065187 R&D No Indirect Cost Rate No Period of Performance 10/1/2019-04/30/2021 Fiscal Year End 6/30 Monitor End: 4/30/2026 AGREEMENT BETWEEN COLLIER COUNTY AND YOUTH HAVEN, INC. THIS AGREEMENT is made and entered into this _ day of 2019 by and between Collier County, a political subdivision of the State of Florida, ("COUNTY". or "Grantee") having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and Youth Haven, Inc., ("SUBRECIPIENT"), having its principal office at 5867 Whitaker Road Naples, Fl. 34112. WHEREAS, the County has entered into an agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (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 2019-2020 for the CDBG Program with Resolution 2019- on June_, 2019 — Agenda Item ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised the 2018/2019 Annual Action Plan, on May 24, 2019, with a 30 -day Citizen Comment period from May 24, 2019 to June 25,2019; and WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 1 Vo WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking the CDBG CD19-07 Odorizzi Cottage Rehabilitation . NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Odorizzi Cottage Rehabilitation Description of project and outcome: CHS, as administrator of the CDBG program, will make available CDBG funds up to the gross amount of $317,207 to Youth Haven, Inc. to fund: Rehabilitation and expansion of the Odorizzi Cottage located on Youth Haven's campus. The property will be deed restricted for five (5) years commencing on the date of initially meeting one of the National Objectives, in accordance with 24 CFR 570.505, if applicable. 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this agreement; the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project, excluding Public Service projects. B. The following resolutions and policies must be submitted within sixty (60) days of this agreement: Affirmative Fair Housing Policy ® Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy ® Procurement Policy ❑ Uniform Relocation Act Policy ® Sexual Harassment Policy Procedure for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12U.S.C. 794 1 u) Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 2 Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) ® Fraud Policy C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of any reimbursement of funds under this Agreement. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description I Federal Amount Project Component 1: Rehabilitation and expansion of the Odorizzi Cottage $317,207 Total Federal Funds: $317,207 The Subrecipient will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ❑ Maintain and provide to the County, as requested, beneficiary income certification documentation ® Maintain and provide National Objective Documentation, ® Provide Quarterly Reports on National Objective and project progress Required attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS. ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation. ® Identify Lead Project Manager Provide Site Design and Specifications Comply with Davis Bacon Labor Standards ® Comply with Section 3 and maintain documentation and reporting requirements Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable affordability period for the project is met B. National Objective The CDBG program funds awarded to Collier County must benefit low -moderate income persons (LMI). As such the Subrecipient shall be responsible for ensuring that all activities and beneficiaries meet the definition of: ❑ LMA — Low/Mod Area Benefit Youth Raven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 3 Z LMC — Low/Mod Clientele Benefit ❑ LMH — Low/Mod Housing Benefit ❑ LMJ—Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons based on HUD determined eligible census tracts. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMC: Must document that at least 51 percent of persons served, are low to moderate income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must have at least 51 percent occupied by LMI households and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1 agreement agreement execution Insurance Insurance Certificate Within 30 days of agreement execution and Annually within th' (30 da s of renewal Detailed Project Schedule Project Schedule Within sixty (60) days of agreement execution Project Plans and Specifications Site Plans and Specifications Prior to procurement Subcontractor Log Subcontractor Log Initially at construction start, and uarterl thereafter Submission of Progress Report Exhibit C Quarterly reports within 10 days following the end of the quarter Final report due 60 days after agreement ends. Section 3 Report Quarterly report of new hire Quarterly information Davis -Bacon Act Certified Weekly Within 21 days of receipt Payroll Financial and Compliance Audit Audit, Management Letter and Annually: nine (9) months after Exhibit E FY end for Sin ]e Audit OR one Youth Haven, Inc. C019-07 Odorizzi Cottage Rehabilitation Page 4 D. Payment Deliverables Payment Deliverable Payment Supporting Documentation hundred eighty (180) days after Project Component 1: Submission of supporting documents FY end Continued Use Certification Continued Use Affidavit, if Annually; for five (5) years after the Odorizzi Cottage. applicable meeting the National Objective Revenue Plan for maintenance Plan approved by the County Initial Plan due after completion and Capital Reserve per contractor's Schedule of Values and of construction. Annually; any additional documents as needed. through the period of continued The County will pay up to 90% of the use Program Income Reuse Plan Plan Approved by the County Not applicable D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Submission of supporting documents Submission of Rehabilitation and expansion of must be provided as backup as evidenced monthly invoices. the Odorizzi Cottage. by, banking documents, completed AIA G702-1992 form, or equivalent document per contractor's Schedule of Values and any additional documents as needed. The County will pay up to 90% of the total grant award or project costs whichever is lower upon proof of proper payment. The remaining 10% of the award or Following close out project costs will be released upon final monitoring monitoring clearance and meeting a National Objective For clarity, the County will not withhold 10% on each payment, rather, the last 10% will only be paid as previously specified. Final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. Failure by the subrecipient to achieve the National Objective will require repayment of the CDBG investment under this agreement. 1.3 PERIOD OF PERFORMANCE Services of the Subrecipient shall start on October 1, 2019 and shall end on April 30, 2021. 1.4 AGREEMENT AMOUNT Youth Haven, Inc. C019-07 Odorizzi Cottage Rehabilitation Page 5 (,'A The COUNTY agrees to make available (Three Hundred Seventeen Thousand Two Hundred Seven) Dollars ($317,207.00) for use by the SUBRECIPIENT, during the term of the agreement (hereinafter, shall be referred to as the "Funds"). Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and does not signify a change in scope. Fund shifts that exceed 10 percent of the agreement amount shall only be made with Board approval. 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 CHS. 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 the request.. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations may 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 after the end of the agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this agreement for a period of up to 180 days after the end of the agreemenf. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements. Except where disputed for noncompliance, 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." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section (Section 1.5 -Cost Principles) of this agreement,. SUBRECIPIENT is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 6 must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E -Cost Principles. A Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart E and may impose requirements upon the Developer, in order for the COUNTY to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. 1.6 NOTICES Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, 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: Lisa Oien, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Lisa.Oien(ct�,colliercountyfl.gov Telephone: (239) 252-6141 SUBRECIPIENT ATTENTION: Joyce Zirkle, Director of Finance and Operations 5867 Whitaker Road Naples, Florida 34112 Email: Joyce.Zirkle@youthhavenswfl.org Telephone: (239) 687-5180 Youth Haven, Inc. Cn19-07 Odorizzi Cottage Rehabilitation Page 7 CAl7 PART H GRANT CONTROL REQUIREMENTS 2.1 AUDITS 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. Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current GRANTEE policy concerning SUBRECIPIENT audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F -Audit Requirements.. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 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 is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time, upon request by the COUNTY or CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), 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. Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 8 D. Upon completion of all work contemplated under this agreement, copies of all documents and records relating to this agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333, with the following exception: if any litigation, claim, or audit is started before the expiration date of the five (5) 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 2 CFR 200.336. The SUBRECIPIENT shall 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 COUNTY. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF, CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329 Michael.Cox(a,colliercountyfl.lzov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of 1931, 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. F. 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 CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. 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 Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 9 9 determinations, as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes 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 2 CFR 200.336 and 2 CFR 200.337. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180) days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may 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 CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards, as stated, with all other applicable laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 PREVENTION OF FRAUD AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this agreement and to provide for the proper and effective management of all Program and Fiscal activities of the agreement. SUBRECIPIENT's internal control systems and all transactions and Youth Haven, Inc. Ce19-07 Odorizzi Cottage Rehabilitation Page 10 9 other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COT NTY's efforts to detect, investigate, and prevent waste, fraud, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance; nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the SUBRECIPIENT, which will require a corrective action plan be submitted to the COUNTY within 15 days following issuance of the report. • Any pay requests that have been submitted to the COUNTY for payment will be held until the corrective action plan has been submitted. CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, in order to correct the non-compliance issue. 2. If in the case SUBRECIPIENT fails to submit the corrective action plan in a timely manner to the COUNTY, the COUNTY may require a portion of the awarded grant amount be returned to the COUNTY. The COUNTY may require upwards of five percent (5%) of the award amount be returned to the COUNTY, at the discretion of the Board of County Commissioners. • The entity may be denied future consideration as set forth in Resolution No. 2013-228. 3. If in the case SUBRECIPIENT continues to fail to correct the outstanding issue or repeats an issue that was previously corrected and has been informed by the COUNTY of their substantial non-compliance by certified mail; the COUNTY Youth Haven, Inc. Ce19-07 odorizzi Cottage Rehabilitation Page 11 Ff may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, be returned to the COUNTY. • The COUNTY may require upwards often percent (10%) ofthe award amount be returned to the COUNTY, at the discretion of the Board of County Commissioners. • The SUBRECIPIENT will be considered in violation of Resolution No. 2013- 228. 4. If in the case, after repeated notification, SUBRECIP ENT continues to be substantially non-compliant, the COUNTY may recommend the contract or award be terminated. • The COUNTY will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The SUBRECIPIENT will be required to repay all funds disbursed by the COUNTY for the project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If in the case SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be non-compliant, the above sanctions may be imposed across all awards at the BCC's discretion. 2.6 REPORTS Reimbursement may be contingent upon 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 I Oth 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 including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "C". Exhibit "C" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or 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. Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 12 PART III TERMSAND 3.1 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. 3.2 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 subpartK of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604; (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the SUBRECIPIENT is required to follow federal procurement; and (4) for Developers, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the funds provided under this agreement. The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement rather than supplant funds otherwise available. 3.3 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 COUNTY 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. 3.4 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 COUNTY'S governing body. Such amendments shall not invalidate this agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under 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 Youth Haven, Inc. C019-07 Odorizzi Cottage Rehabilitation Page 13 cq activities to be undertaken as part of this agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS 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, or the reduction of funds awarded by HUD to Collier County, to a level, determined by the County Manager, to be insufficient to adequately administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In either 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. 3.6 INDEMAILFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the 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 there- on. 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 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. 3.7 GRANTEE The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports, and similar Youth Haven, Inc. CD19-07 O Odorizzi Cottage Rehabilitation Page 14 t^9 public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" 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. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by either the COUNTY 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 ease of a partial termination, the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this agreement: A. 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. B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement. C. Ineffective or improper use of funds provided under this agreement. D. Submission by the SUBRECIPIENT to the COUNTY reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification. F. Failure to materially comply with any terms of this agreement. G. Failure to materially comply with the terms of any other agreement between the COUNTY and the SUBRECIPIENT relating to the project. Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 15 CA 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: A. Require specific performance of the agreement, in whole or in part. B. Require the use of, or change in, professional property management. C. Require immediate repayment by SUBRECIPIENT to the COUNTY of all CDBG funds that SUBRECIPIENT has received under this agreement. D. Apply sanctions, if determined by the COUNTY to be applicable. E. Stop all payments, until identified deficiencies are corrected. F. 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. 3.9 REVERSION OF ASSETS In the event of a termination of this 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 property 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 or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until all insurance required, as outlined in Exhibit "A" and 2 CFR 200.310, has been obtained, and said insurance shall be carried, at all times, during SUBRECIPIENT's performance under the agreement. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part 1), the Uniform Administrative Requirements, Cost Principles and Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 16 CAO Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.12 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through .326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Range: Competition Required $0-$3,000 Single Quote with documentation $3,000 - $50,000 3 Written Quotes $50,000+ Formal Solicitation ITB, RFP, etc. All improvements specified in Part 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 contracts for improvements with the lowest responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.13 PROGRAM GENERATED INCOME No Program Income is anticipated. In the event Program Income is derived from the use of CDBG funds disbursed under this agreement, such Program Income shall be utilized by the SUBRECIPIENT for CDBG-eligible activities, approved by COUNTY. 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 accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When program income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program, for further reallocation. Public Facilities and Improvements: Public facilities that are acquired, constructed, rehabilitated, or otherwise improved with CDBG funds are subject to this requirement. This includes parks, libraries, community centers, and any other facility whose primary purpose is a public one. For these facilities, program income is the income generated by the use of the facility, less the operating costs associated with generating the income. The COUNTY considers utilities, property insurance, and facility maintenance to be operating costs that should be subtracted from revenue to determine net program income. For each funded project, the SUBRECIPIENT must submit for the COUNTY's approval a list of proposed costs incidental to the generation of the program income. Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 17 �'q Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved, in whole or in part, with CDBG funds shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208, during the continued use period, as referenced in section 3.14 (Grant Closeout Procedures) of this agreement. If the SUBRECIPIENT sells, transfer, disposes of, or otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG National Objective, the SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage of the current fair market value of the property, after subtracting disposal costs. Such percentage shall have as its basis, the percentage of the appraised value attributable to CDBG and non-CDBG funds expended for the original acquisition of, or improvement to, the property under the terms of this agreement. Such payment shall constitute program income to the COUNTY. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIMENT may close out the project with the COUNTY after the five (5) year continued use period has been met (for public services, "after the expiration of the Agreement"). The continued use period shall commence with the later of the Subrecipient meeting the National Objective or the recording of lien and/or deed restriction documentation). Activities during this closeout period shall include, but are not 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 Part 2.2, 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 that have been advanced or paid must be returned to the COUNTY. Any funds paid exceeding the amount SUBRECIPIENT is entitled to 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. Closeout procedures must take place in accordance with 2 CFR 200.343. 3.15 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. Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 18 Cq 3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS 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 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. 3.17 PROGRAM BENEFICIARIES At least 51 percent of the beneficiaries of a project funded through this agreement must be low - and moderate- income persons or presumed to be low- to moderate- income persons based on applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than 30 percent 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 "C" of this agreement. 3.18 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 principlgs 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 Affirmative Action will need to be updated throughout the continued use period and must be submitted to COUNTY within 30 days of update/modification. 3.19 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 SUBRECIPIENT. The SUBRECIPIENT covenants that Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 19 it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. 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 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, its employees, or its contractors shall be disclosed, in writing, to CHS 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. 3.20 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 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. Youth Haven, Inc. CD19-07 Odorini Cottage Rehabilitation Page 20 6.. 3.21 INCIDENT REPORTING If services to clients are to be provided under this agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. 3.22 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. Youth Haven, Inc. C019-07 Odorizzi Cottage Rehabilitation Page 21 d PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr570_main_02 pi 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https://www.eefrgov/cgi-bin/text-idx?tpl=/ccfrbrowsc/Title24/24cfr58 main 02.tpl 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended https://portal.hud.gov/hudportal/HLJD?srcf/program offices/fair housing equal opp/FHLaws/10 9 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. http://www.hud.eov/offices/fheo/library/huddoistatement.pdf ms://www.hud.ggv/progam offic es/fair housing equal opp/ReasonableAccommodationsl5 Executive Order 11063 —Equal Opportunity in Housing https://www.hud.goy/proms offices/fair housing equal opp/FHLaws/EX011063 Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https://www.archives. gov/federal-register/codification/executive-order/ 12259.html 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. hLtps://www.law.comell.edu/cfr/text/24/part- 107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended https://www.hud.goo/programdescription/title6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www. gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- 602.pdf 4.7 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. EO 11246: https://www.hud.gov/propram offices/fair housing equal opp/FHLaws/EX011246 EO 11375 and 12086: see item #8 below Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 22 0a 4.8 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. https://www.hud.govL/propiramdescription/title6 4.9 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 Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients 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." 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. Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 23 (7 https://www.hud.gov/sites/documents/DOC 12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.ecfr.gov/cyi-bin/text-idx?c=eefr&til=/eefrbrowse/Titic24/24cfrl35 main 02.tpI 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 httns://www.hud.ggy/propram offices/fair housing equal opp/FHLaws/109 httns://portal.hud. ovg /hudportal/HUD7src=/program offices/fair housingetc ual opp/FHLaws/E XO 11063 11246: https://www.dol. ovg /ofccp/regs/statutes/eol1246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html 12107: https://www.archives.gov/federal-register/codification/executive-order/12107.htmi 12086: https://www.archives.wv/federal-register/codification/executive-order/l2086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. httns://www.dol.goy/whd/regs/statutes/safeO l .pdf 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(6) (5), 24 CFR 570.614 Subpart K. Section 504: httns://www,epa.gov/civihights/sec504.htm 29 USC 776: https://law.onecle.com/uscode/29/776.html 24 CFR 570.614:129ps://www.law.comell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.hud. ovg /hudprograms/eohudAp 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. hftps://www.fhwa.dot.gov/real estate/uniform act/index.cfm 4.15 29 CFR Parts 3 and 5 - Regulations that 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). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States https://www.law.comell.edu/cfr/text/29/part-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 24.11/0 hitps://www.law.comell.edu/cfr/text/29/Tart-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 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. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives.gov/federal-register/codification/exccutive-order/l 1625.html 4.17 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. 24 CFR 570.607: https://www.gpo.gov/fdUs/pkv-/CFR-2010-title24-vol3/pdf/CFR-2010- title24- vol3-sec570-608.pdf E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm 4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988. bitps://www.ncbi.nlm.iiih.90yL/pitbmed/12289709 4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.goy/egi-bin/text-idx?tpl=/ecfrbrowse/Title02/2efr200 main 02.V1 4.20 Immigration Reform and Control Act of 1986 https://www.eeoc.gov/eeoc/histor3/35th/thelaw/irca.htfnl 4.21 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. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii Collier County- http://www.collierggv.net/home/showdocument?id=35137 4.22 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 terns 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 Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 25 �J 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. 4.23 Venue -Any suit of 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, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 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 adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District 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. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.25 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www.law.cornell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.law.comell.edu/uscode/text/33/chVter-26 4.26 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. https://www.law.comell.edu/cfr/text/24/570.605 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdUs/granule/CFR- 2000-title24-vol3/CFR-2000-title24-vol3-sec570-608-id 163 Youth Haven, Inc. CD19-07 O lorizzi Cottage Rehabilitation Page 26 �dJ 4.28 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. https://www.nps.gov/histML/local-law/nhpal l 966.htm https://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800_main _02.tpl 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. https://www.nps.gov/history/local-law/nhpal966.htm 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). https://www.gpo.izov/fdUs/granuie/USCODE-2009-titIC4I IUSCODE-2009-title4 I -chap 10- sec701 4.30 The SUBRECIPtENT 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. https://www.law.comell.edu/cfr/text/24/570.609 4.31 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. These requirements are enumerated in 2 CFR 200, et seq. 4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.344, 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. https: //www.ecfr. gov/cpi-bin/text- idx?SID=5a78addefff9a535e83 fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8 4.33 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 Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 27 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 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. https://www.gpo.gov/fdsys/granule/CFR-1999-titte49-vol l/CFR-1999-title49-vol l -sec24-101 https://www.gpo.gov/fdsys/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505 4.34 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. hq://www.leg.state.fl.us/Statutes/index.cfin?App mode=Display Statute&Search String=&UR L=0200-0299/0287/Sections/0287.133.html 4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 11ttps://Www.gsa.gov/portal/content/104877 4.37 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.govregs.coin/regulations/gxpand/title24 part5 subpartA section5.106 4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 28 be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. hftps://www.eefr.gov/cgi-bin/text- idx?SID=e339ece9fdfd 1479cab67e85Oc7cddd4&node=24:2.1.1.2.10.4&rp=div6 haps://www.law.comell.edu/cfr/text/24/5.111 4.39 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federalre isg ter.aov/documents/2016/11/16/2016-25888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing=pro rgrams 4.40 Any rule or regulation determined to be applicable by HUD. 4.41 Florida Statutes 713.20, Part 1, Construction Liens https://www.lea.state.fl.us/Stahrtes/index.cfm?App mode=Display Statute&URL=0700- 0799/0713/0713.html 4.42 Florida Statutes 119.021 Records Retention htto://www.leg.state.fl.us/Statutes/index.cfn?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.021.html 4.43 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cftn?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.02 Lhtml (Signature Page to Follow) Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 29 J IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the data fust written above. ATTEST: BOARD OP COUNTY COMMISSIONERS OF CRYSTAL K. K,INZEL, CLERIC COLLIER COUNTY, FLORIDA By: Deputy Clerk WILLIAM L. McDANML, JR„ CI4ATRMAN Date: YOUTH HAVEN, INC. (SEAL) ����ff�� // By: /D/�W� gw` ST7EPRAIM SPELL, PRESIDENT Dale:. o/q' l I Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney 5 Youth Haven, Inc C019-07 Ddorhzl Cottage aehablNtatlon Page 30 ��/ PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 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. 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. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in I — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: S. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or 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 Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 31 M 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. 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. 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. Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 32 E2HIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Youth Haven, Inc Subrecipient Address: 5867 Whitaker Road Naples, FI. 34112 Project Name: Odorizzi Cottage Rehabilitation Project No: Total Payment Minus Retainage Period of Availability: through Payment Request # Period for which the Agency has incurred the indebtedness • through SECTION H: STATUS OF FUNDS 1. Grant Amount Awarded $ 2, Sum of Past Claims Submitted on this Account YI 3. Total Grant Amount Awarded Less Sum of Past Claims Submitted on this Account $ 4. Amount of Today's Request 5. 10% Retainage Amount Withheld (if applicable) 6. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ 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 as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) Page 33 EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA GENERAL -Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance Reports. The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Agency Name: Youth Haven, hlc. Date: Project Title: Odorizzi Cottage Rehabilitation IDIS #: Program Contact: I Telephone Number: Activity Reporting Period Report Due Date October 15' —December 3151 January 10'h January 151— March 311f Aril 1011 April 11t —June 30u` Jul 10`h Jul 151— September 30'h October 10" REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/19 3/31/20 6/30/20 9/30/20 Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly report must include cumulative data beginning from the start of the program year October 1, 2019. 1. Please list the outcome goal(s) from your approved application and subrecipient agreement and indicate your for this period? Progress in meeting those goals since October 1, 2019. a. Outcome Goals: list the outcome goal(s) from your approved application and subreci fent agreement 4. What funding sources did the subreci fent apply for this period? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement Funds $ Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 34 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/ethnicity, and income data are reported by persons. For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the number of persons in the household. 7. a. Total No. Persons/Adults served 0 LMC Total No. persons served under 18 (LMC) 0 YTD Total 0 YTD Total 0 Quarter Total No. of Persons 0 Quarter Total No. of Persons 0 a Presumed Benefit Activities Onl LMC QTR b Presumed Benefit Activities Only LMC YTD ELI 0 Abused Children ELI b. Total No. of Households served 0 Total No. of female head of household (LMH) 0 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethnicity and income data are reported by persons. 7. a. Total No. Persons/Adults served 0 Total No Persons served under 18 (LMC) 0 LMC YTD Total: 0 YTD Total 0 b. Total No. Households served LMH 0 Total No. femalehead of household (LMH) 0 YTD Total 0 YTD Total 0 8. Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: LMCQuarter PRESUMED BENEFICIARY DATA ONLY LMC YTD Indicate the total number of UNDUPLICATED persons served thisug arter who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): Indicate the total number of UNDUPLICATED persons served since October 1 who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total uestion #6 a Presumed Benefit Activities Onl LMC QTR b Presumed Benefit Activities Only LMC YTD ELI 0 Abused Children ELI 0 0 Abused Children ELI 0 Homeless Person ELI 0 Homeless Person ELI 0 Migrant Farm Workers LI 0 Migrant Farm Workers LI 0 Battered Spouses LI 0 Battered Spouses ouses LI 0 Persons w/HIV/AIDS LI 0 Persons w/HIV/AIDS LI 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely Disabled LI Adults 0 Severely Disabled Adults LI 0 Quarter Total 0 YTD Total 8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total uestion #6 in Indicate the total number of UNDUPLICATED persons served since October I (YTD) who fall into each income category (the total should equal the total in question #6): a ELI Extremely Low Income (0-30%) 0 b ELI Extremely Low Income (0-300%) 0 LI Low Income (31-50%) 0 Ll Low Income 0 MOD Moderate Income (51-80%) 0 MOD Moderate Income (51-800/.) 0 NON- L/M Above Moderate Income (>80%) 0 NON- LIM Above Moderate Income (>800/9) 0 Quarter Total 0 YTD Total 0 Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 35 CAO 9. Racial & Ethnic Data if applicable) CD19-07 Please indicate how many UNDUPLICATED clients served this Quarter 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 in question 6.question Please indicate how many UNDUPLICATED clients served since October (YTD) 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 in 6. a. RACE ETHNICITY /HISPANIC b. RACE ETHNICITY /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 • 0 American Indian/Alaska Native 0 0 Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific Islander 0 0 Black/African American & White 0 0 Black/African American & White 0 0 American Indian/Alaska Native & 0 0 Black/African American American Indian/Alaska Native & 0 0 Black/African American Other Multi -racial 0 0 Other Multi -racial 0 0 0 0 0 0 Name: Signature: Title: Your typed name here represents your electronic signature Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 36 A EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete form, and retain appropriate supporting documentation, to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names — All Household Members Relationship Age 1 2 Page 37 Cq 3 4 5 6 7 8 0.00 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 Page 37 Cq 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave blank. B(c) Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 37 Cq A. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Benefits / Public Other Salaries Pensions Assistance Income (include tips, Asset commissions, Income bonuses, and overtime) (Enter the 1 greater of 2 box B(b) or 3 box B(c), in above, 4 box C(e) 5 below) 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a) through C(c). 0.00 This amount is the Annual Anticipated Household Income. B. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. Uwe certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty ofpeijury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083. Signature of Head of Household Date Signature of Spouse or Co -Head of Household Date Adult Household Member (if applicable) Adult Household Member (if applicable) Date Date Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 38 A A. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: ❑ Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/50'b of the Very Low Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based upon the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Printed Name B. Household Data Date Title Number of Persons By Race / Efludeity B Age Native American Hawaiian or 2 0 5 26-40 41-61 62+ Indian Asian Black Other Pac. white Other Islander Hispanic Non - Hispanic NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation Page 39 EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act Statute 215.97 requirements. Subrecipient Name First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DD/YY Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the 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. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement hereby certify that the above information is true and accurate. Signature Date Print Name and Title Youth Haven, Inc. CD19-07 Odorizzi Cottage Rehabilitation 06/18 Page 40 FAIN # B -19 -UC -12-0016 Federal Award Date EST. 10/2019 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $108,450 Subreci ientName City of Naples DUNS# 084130293 FEIN 59-6000382 R&D No Indirect Cost Rate No Period of Performance 10/1/2019-04/30/2021 Fiscal Year End 9/30 Monitor End: 04/30/2026 AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF NAPLES THIS AGREEMENT is made and entered into this _ day of June 2019. by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and City of Naples, ("SUBRECIPIENT"), having its principal office at 735 81 Street South Naples, Fl. 34102-1401. WHEREAS, the County has entered into an agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (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 2019-2020 for the CDBG Program with Resolution 2019- on June 25, 2019 — Agenda Item ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised the 2019/2020 Annual Action Plan, on May 24, 2019, with a 30 -day Citizen Comment period from May 24, 2019 to June 25,2019; and WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking the CDBG CD19-02 River Park— 12" Street Sidewalk Connection. City of Naples Cn19-02 River Park -12`^ Street Sidewalk Connection Page 1 NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: River Park —12" Street Sidewalk Connection Description of project and outcome: CHS, as administrator of the CDBG program, will make available CDBG funds up to the gross amount of $108,450 to the City of Naples to fund: Construction and clearing activities needed to install an ADA accessible lighted sidewalk connection. The new sidewalk will connect an existing sidewalk along the south side of 3`d Avenue North with a newly constructed dedicated public open space in the northeast corner of the 1111 Central Avenue development. The project will be defined in the project plans, specification and schedule of values. 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this agreement, the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project, excluding Public Service projects. B. The following resolutions and policies must be submitted by SUBRECIPIENT within sixty (60) days of this agreement: ❑ Affirmative Fair Housing Policy ® Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy ® Procurement Policy ❑ Uniform Relocation Act Policy ® Sexual Harassment Policy ® Procedure for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (I2U.S.C. 794 1 u) Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) ® Fraud Policy City of Naples CD19-02 River Park -12 ^ Street Sidewalk Connection Page 2 C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of any reimbursement of funds under this Agreement. 1.2 PROJECT DETAILS A. Project Description/ProjectBudget Description I Federal Amount Project Component 1: Construction and clearing activities needed to install an ADA accessible lighted sidewalk connection $108,450 Total Federal Funds: $108,450 The Subrecipient will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ❑ Maintain and provide to the County, as requested, beneficiary income certification documentation ® Maintain and provide National Objective Documentation ® Provide Quarterly Reports on National Objective and project progress ® Required attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS. ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation. ® Identify Lead Project Manager ® Provide Site Design and Specifications Comply with Davis Bacon Labor Standards Comply with Section 3, maintain documentation and reporting requirements ® Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable affordability period for the project is met B. National Objective The CDBG program funds awarded to Collier County must benefit low -moderate income persons (LMI). As such the Subrecipient shall be responsible for ensuring thatall activities and beneficiaries meet the definition of: E LMA—Low/Mod Area Benefit ❑ LMC — Low/Mod Clientele Benefit City of Naples CDe9-02 River Park —12'^Street Sidewalk Connection Page 6• J ❑ LMH—Low/Mod Housing Benefit ❑ LMJ — Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons based on HUD determined eligible census tracts. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMC: Must document that at least 51 percent of persons served, are low to moderate income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LAM: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must have at least 51 percent occupied by LMI households and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1 agreement agreement execution Insurance Insurance Certificate Within 30 days of agreement execution and Annually within thii 30 da s of renewal Detailed Project Schedule Project,Schedule Within sixty (60) days of agreement execution Project Plans and Specifications Site Plans and Specifications Prior to procurement Subcontractor Log Subcontractor Log Initially at construction start, and uarterl thereafter Submission of Progress Report Exhibit C Quarterly reports within 10 days following the end of the quarter. Final report due 60 days after agreement ends. Section 3 Report Quarterly report of new hire Quarterly information Davis -Bacon Act Certified Weekly Within 21 days of receipt Payroll Financial and Compliance Audit Audit, Management Letter and Annually: nine (9) months after Exhibit E FY end for Single Audit OR one hundred eighty (180) days after FY end City of Naples CD19-02 O River Park -12`^Street Sidewalk Connection Page V Continued Use Certification Continued Use Affidavit, if applicable Annually; for five (5) years after meeting the National Objective Revenue Plan for maintenance Plan approved by the County Initial Plan due after completion and Capital Reserve must be provided as backup as evidenced of construction. Annually; activities needed to install an by, banking documents, completed AIA through the period of continued ADA accessible lighted sidewalk G702-1992 form, or equivalent document use Program Income Reuse Plan Not applicable Not applicable D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Submission of supporting documents Submission of Construction and clearing must be provided as backup as evidenced monthly invoices. activities needed to install an by, banking documents, completed AIA ADA accessible lighted sidewalk G702-1992 form, or equivalent document connection per contractor's Schedule of Values and any additional documents as needed. The County will pay up to 90% of the total grant award or project costs whichever is lower upon proof of proper payment. The remaining 10% of the award or Following close out project costs will be released upon final monitoring monitoring clearance and meeting a National Objective For clarity, the County will not withhold 10% on each payment, rather, the last 10% will only be paid as previously specified. Final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. Failure by the subrecipient to achieve the National Objective will require repayment of the CDBG investment under this agreement. 1.3 PERIOD OF PERFORMANCE Services of the Subrecipient shall start on October 1, 2019 and shall end on April 30, 2021. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available (One Hundred Eight Thousand Four Hundred Fifty) Dollars ($108,450.00) for use by the SUBRECIPIENT, during the term of the agreement (hereinafter, shall be referred to as the "Funds"). City of Naples Cn19-02 River Park— 12'^Street Sidewalk Connection Pages Q' Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and does not signify a change in scope. Fund shifts that exceed 10 percent of the agreement amount shall only be made with Board approval. 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 CHS. 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 the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations may 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 after the end of the agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements. Except where disputed for noncompliance, 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." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section (Section 1.5 -Cost Principles) of this agreement, SUBRECIPIENT is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E -Cost Principles. A City of Naples CD19-02 River Park -12'^ Street Sidewalk Connection Page 6 CA Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart E and may impose requirements upon the Developer, in order for the COUNTY to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. 1.6 NOTICES Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, 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: Lisa Oien, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Lisa.Oien@colliercountM.gov Telephone: (239) 252-6141 SUBRECIPIENT ATTENTION: Felix Gomez, Bids and Grants Coordinator 735 8"' Street South Naples, Florida 34102 Email: fgomez@naplesgov.com Telephone: (239) 213-7101 City of Naples CD19-02 River Park -12`^ Street Sidewalk Connection Page !110 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS 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. Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current GRANTEE policy concerning SUBRECIPIENT audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F -Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 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 is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time, upon request by the COUNTY or CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), 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. City of Naples CD19-02 River Park -12'^ Street Sidewalk Connection Page 8 D. Upon completion of all work contemplated under this agreement, copies of all documents and records relating to this agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333, with the following exception: if any litigation, claim, or audit is started before the expiration date of the five (5) 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 2 CFR 200.336. The SUBRECIPIENT shall 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 COUNTY. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329 Michael.Cox(ii)colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of 1931, 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. F. 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 CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. 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 City of Naples CD19-02 River Park— 12'^ Street Sidewalk Connection Page a determinations, as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes 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 2 CFR 200.336 and 2 CFR 200.337. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180) days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may 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 CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards, as stated, with all other applicable laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. / ► -�► � y:: 11 :►11 :: _ SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this agreement and to provide for the proper and effective management of all Program and Fiscal activities of the agreement. SUBRECIPIENT's internal control systems and all transactions and City of Naples CD19-02 River Park -12' Street Sidewalk Connection Page 10 other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent waste, fraud, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: Initial non-compliance may result in Findings or Concerns being issued to the SUBRECIPIENT, which will require a corrective action plan be submitted to the COUNTY within 15 days following issuance of the report. • Any pay requests that have been submitted to the COUNTY for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, in order to correct the non-compliance issue. 2. If in the case SUBRECIPIENT fails to submit the corrective action plan in a timely manner to the COUNTY, the COUNTY may require a portion of the awarded grant amount be returned to the COUNTY. • The COUNTY may require upwards of five percent (5%) of the award amount be returned to the COUNTY, at the discretion of the Board of County Commissioners. • The entity may be denied future consideration as set forth in Resolution No. 2013-228. City of Naples CD19-02 River Park -12'^ Street Sidewalk Connection Page 11 3. If in the case SUBRECIPIENT continues to fail to correct the outstanding issue or repeats an issue that was previously corrected and has been informed by the COUNTY of their substantial non-compliance by certified mail; the COUNTY may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, be returned to the COUNTY. • The COUNTY may require upwards often percent (10%) of the award amount be returned to the COUNTY, at the discretion of the Board of County Commissioners. • The SUBRECIPIENT will be considered in violation of Resolution No. 2013- 228. 4. If in the case, after repeated notification, SUBRECIPIENT continues to be substantially non-compliant, the COUNTY may recommend the contract or award be terminated. • The COUNTY will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The SUBRECIPIENT will be required to repay all funds disbursed by the COUNTY for the project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If in the case SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be non-compliant, the above sanctions may be imposed across all awards at the BCC's discretion. 2.6 REPORTS Reimbursement may be contingent upon 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 10th 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 including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "C". Exhibit "C" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or City of Naples CD19-02 River Park -12' Street Sidewalk Connection Page 12 @0 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. City of Naples CD19-02 River Park -121n Street Sidewalk Connection Page 13 a PART III TERMS AND CONDITIONS 3.1 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. 3.2 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; (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the SUBRECIPIENT is required to follow federal procurement; and (4) for Developers, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the funds provided under this agreement. The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement rather than supplant funds otherwise available. 3.3 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 COUNTY 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. 3.4 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 COUNTY'S governing body. Such amendments shall not invalidate this agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under 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 City of Naples CD19-02 River Park -12'^ Street Sidewalk Connection Page 14 activities to be undertaken as part of this agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS 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, or the reduction of funds awarded by HUD to Collier County, to a level, determined by the County Manager, to be insufficient to adequately administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. hi either 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. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the 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 there- on. 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 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. 3.7 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 City of Naples CD19-02 River Park -12'^ Street Sidewalk Connection Page 15 Qd) public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNI'T'Y AND HUMAN SERVICES DIVISION" 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. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by either the COUNTY 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 COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this agreement: A. 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. B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement. C. Ineffective or improper use of funds provided under this agreement. D. Submission by the SUBRECIPIENT to the COUNTY reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification. F. Failure to materially comply with any terms of this agreement. G. Failure to materially comply with the terms of any other agreement between the COUNTY and the SUBRECIPIENT relating to the project. City of Naples CD19-02 River Park-12�h Street Sidewalk Connection Page 16 0 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: A. Require specific performance of the agreement, in whole or in part. B. Require the use of, or change in, professional property management. C. Require immediate repayment by SUBRECIPIENT to the COUNTY of all CDBG funds that SUBRECIPIENT has received under this agreement. D. Apply sanctions, if determined by the COUNTY to be applicable. E. Stop all payments, until identified deficiencies are corrected. F. Terminate this agreement by giving written notice to SUBRECB'IENT 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. 3.9 REVERSION OF ASSETS In the event of a termination of this 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 property 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 or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until all insurance required, as outlined in Exhibit "A" and 2 CFR 200.310, has been obtained, and said insurance shall be carried, at all times, during SUBRECIPIENT's performance under the agreement. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and City of Naples CD19-02 River Park -12`^ Street Sidewalk Connection Page 17 Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.12 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through .326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Range: Competition Required $0-$3,000 Single Quote with documentation $3,000 - $50,000 3 Written Quotes $50,000+ Formal Solicitation ITB, RFP, etc. All improvements specified in Part 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 contracts for improvements with the lowest, responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project, 3.13 PROGRAM GENERATED INCOME No Program Income is anticipated. In the event Program Income is derived from the use of CDBG funds disbursed under this agreement, such Program Income shall be utilized by the SUBRECIPIENT for CDBG-eligible activities, approved by COUNTY. 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 accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When program income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program, for further reallocation. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with the COUNTY after the five (5) year continued use period has been met (for public services, "after the expiration of the Agreement"). The continued use period shall commence with the later of the Subrecipient meeting the National Objective or the recording of lien and/or deed restriction documentation). Activities during this closeout period shall include, but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, program income City of Naples CD19-02 River Park —12'^ Street Sidewalk Connection Page 18 balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, 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 that have been advanced or paid must be returned to the COUNTY. Any funds paid exceeding the amount SUBRECIPIENT is entitled to 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. Closeout procedures must take place in accordance with 2 CFR 200,343. 3.15 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. 3.16 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 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. 3.17 PROGRAM BENEFICIARIES At least 51 percent of the beneficiaries of a project funded through this agreement must be low - and moderate- income persons or presumed to be low- to moderate- income persons based on applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If City of Naples CD19-02 River Park -12" street Sidewalk Connection Page 19 0 the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than 30 percent 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 "C" of this agreement. 3.18 AFFIItMATIVE 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 prior to the award of funds. The Affirmative Action will need to be updated throughout the continued use period and must be submitted to COUNTY within 30 days of update/modification. 3.19 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 SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. 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 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, its employees, or its contractors shall be disclosed, in writing, to CHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate - income residents of the project target area. City of Naples CD19-02 River Park- 12" Street Sidewalk Connection Page 20 O 3.20 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 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. 3.21 INCIDENT REPORTING If services to clients are to be provided under this agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. 3.22 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. City of Naples CD19-02 River Park -12'^ Street Sidewalk Connection Page 21 0 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr570 main 02.tp1 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https://www.ecfr. ov/cgi-bin/text-idx?ipl=/ecfrbrowse/Title24/24cfr58_main_02.tpl 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended https://portal.hud.govibudportal/HUD?src=/program_ offices/fair_housing equal opp/FHLaws/10 9 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. http://www.hud.eov/offices/lheo/library/huddoistatement.ndthttns://www.hud.gov/program offic es/fair_ housing_ equal opp/ReasonableAccommodationsl5 Executive Order 11063 — Equal Opportunity in Housing httos://www.hud.poy/program offices/fair housing equal opp/FHLaws/EX011063 Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs httos://www.archives. gov/federal-register/codification/cxecutivc-order/ I2259.htm1 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.0 https://www.law.comell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended https://www.hud.gov/programdescription/title6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. hiips: //www. gpo. gov/fdUs/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3 -sec5 70- 602Tpdf 4.7 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. EO 11246: httos://www.hud.gov/program offices/fair housing equal opp/FHLaws/EX011246 EO 11375 and 12086: see item #8 below City of Naples CD19-02 River Park -12'^ Street Sidewalk Connection Page 22 4.8 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. https://www.hud.gov/programdescription/title6 4.9 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 tyles 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 Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients 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." 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. City of Naples CD19-02 River Park -12'^ Street Sidewalk Connection Page 23 https://www.hud.gov/sites/documents/DOC 12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.ecfr.gov/cgi-bin/text-idx?c=ecft tpl=/ecfrbrowse/Titic24/24cfr135_main_02.tpl 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.hud.gov//program_offices/fair_housing equal opp/FHLaws/109 https://portal.hud. og v/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/E XO 11063 11246: https://www.dol.gov/ofccp/regs/statutes/eol 1246.htm 11375: Amended by EO 11478 11478: https://www.archives.goy/federal-re,izister/codification/executive-order/11478.html 12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: https://www.archives.gov/federal-register/codification/executive-order/12086.htinl 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. bi!ps://www.dol.gov/whd/regs/statutes/safe0l.pd 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/civilrights/sec504.htm 29 USC 776: https://law.onecle.com/uscode/29/776.html 24 CFR 570.614: Vis://www.law.coi-nell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.hud. og y/hudproprams/eohudgp 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. bttps://www.lhwa.dot.gov/real estate/uniform act/index.cfm 4.15 29 CFR Parts 3 and 5 - Regulations that 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). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States hitps://www.law.comell.edu/cfr/text/29/Tart-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) City of Naples CD19-02 River Park -12'^ Street Sidewalk Connection Page 24 0 https://www.law.comell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. hfts://www.presidena.ucsb.edu/ws/index.php?pid=23675 4.16 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. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archivcs.gov/federal-register/codification/executive-order/I 1625.html 4.17 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. 24 CFR 570.607: https://www.gpo. og v/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24- vol3-sec570-608.pdf E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm 4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988. littps://www.ncbi.nlm.nih.gov/pubmed/12289709 4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.t9U1 4.20 Immigration Reform and Control Act of 1986 https://www.eeoc.gov/eeoc/history/35th/flielaw/irca.html 4.21 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. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida_statutes_ chapter_ 112 part _iii Collier County- http://www.colliergov.net/home/showdocument?id=35137 4.22 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 City of Naples CD19-02 River Park -12" Street Sidewalk Connection Page 25 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. 4.23 Venue -Any suit of 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, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 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 adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District 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. https://www.flsenate.goy/Laws/Statutes/2012/44.102 4.25 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www.law.comell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.law.comell.edu/uscode/text/33/ch4pter-26 4.26 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. https://www.law.comell.edu/cfr/text/24/570.605 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdsys/granule/CFR- 20004itle24-vol3/CFR-2000-title24-vol3-sec570-608-id 163 City of Naples CD19-02 River Park -12'^ Street Sidewalk Connection Page 26 O C)`a� 4.28 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. https://www.nps.gov/histoty/local-law/tilipal966.htm https://www.eefr.mov/cgi-bin/text- idx?c=ecfi•&tpl=/ecfrbrowse/Title36/36cfr800 main_02.ta1 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. https://www.nps.govihistory/local-law/nhpal966.htm 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). https://www. gpo. eov/fdUs/granu le[USCODE-2009-title4l /USCODE-2009-title4l -chap 10- sec701 4.30 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. hqps://www.law.comell.edu/cfr/text/24/570.609 4.31 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. These requirements are enumerated in 2 CFR 200, et seq. 4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.344, 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. hMs://www.eefr.gov/cgi-bin/text- idx?SID=5a78addefff9a535e83fed3010308aef&mc--true&node=se2.1.200 1344&r r 4.33 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 City of Naples CD19-02 River Park -12'^ Street Sidewalk Connection Page 27 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 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. https://www.gpo.gov/fdsys/granule/CFR-1999-title49-vol l/CFR-1999-title49-vol l-sec24-101 https://www.gpo. ov/fdsys/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505 4.34 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. hLtp://www.leg.state.fl.us/Statutes/index.cfin7App mode=Display Statute&Search String --&UR L=0200-0299/0287/Sections/0287.133.html 4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. https://www. sg a.ggv/portaVcontent/104877 4.37 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.p,ovregs.com/regulations/expand/title24Vart5 subpartA section5.106 4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall City of Naples CD19-02 River Park -12" Street Sidewalk Connection Page 28 ll�� be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. https://www.ecfr. ov/cgi-bin/text- idx?SID=e339ece9fdfd l479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rm--div6 https://www.law.comell.edu/cfr/text/24/5.111 4.39 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence„ sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federaire ig ster.gov/documents/2016/11/16/2016-25888/violence-against-women- reauthori zation-act-of-2013-implementation-in-hud-housing_pro¢rams 4.40 Any rule or regulation determined to be applicable by HUD. 4.41 Florida Statutes 713.20, Part 1, Construction Liens https://www.leiz.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700- 0799/0713/0713.htm] 4.42 Florida Statutes 119.021 Records Retention http://www.leiz.state.fl.us/Statutes/index.cfm?App mode—Display Statute&URL=0100- 0199/0119/Sections/0119.021.htm l 4.43 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cftn?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.021.html (Signature Page to Follow) City of Naples CD19-02 River Park —12'h Street Sidewalk Connection Page 29 0 IN WITNESS WHEREOF, the SUBREgIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date forst written above. ATTEST: CRYSTAL K. KINZEL, CLERK , Deputy Clerk Dated: (SEAL) Approved as to form and legality; BOARD OF COUNTY CON COLLIER COUNTY, FLORIDA By: _ WILLIAM L. McDANIEL, JR, CHAIRMAN Date; CITY OF NAPLES By:� HO ABLE II3ARNETT, MAYOR Date: w Approve as to form and legality. Jennifer A. Belpedia Assistant County Attorney �� \� Ey �� r- ^ me, D. Fox, Ci homey Date: OF City of Naples CD1s-0z River Park -1V Street 51dewallt Cannectlon Page 30 C' U PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Set -vices Division, 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. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in I — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT 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 City of Naples CD19-02 River Park -12'^ Street Sidewalk Connection Page 31 d.7 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 than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an "All Risk" basis, in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. City of Naples CD19-02 River Park —12'^ Street Sidewalk Connection Page 32 b� EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT SubrecipientName: City of Naples_ Subrecipient Address: 735 8" Street South Naples, Florida 34102 Project Name: River Park— 12" Street Sidewalk Connection Project No: Total Payment Minus Retainage Period of Availability: through Payment Request # Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Submitted on this Account L 3. Total Grant Amount Awarded Less Sum of Past Claims Submitted on this Account $ 4. Amount of Today's Request 5. 10% Retainage Amount Withheld (if applicable) 6. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) 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 as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) City of Naples CD19-02 River Park -12'^ Street Sidewalk Connection Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) Page 33 ,J .J EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA GENERAL -Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance Reports. The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Agency Name: City of Naples Date: Project Title: River Park— 120' Street Sidewalk Connections IDIS #: Program Contact: Telephone Number: Activity Reporting Period Report Due Date October I"—December 3111 Januar 10' Jany 1st—March 3151 Aril 10" April lsl— June 300i July 100' Jul 151— Se tember 300' October 100' REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/19 3/31/20 6/30/20 9/30/20 Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly report must include cumulative data beainnina from the start of the vroaram year October 1. 2019. 1. Please list the outcome goal(s) from your approved application and subrecipient agreement and indicate your ro ess in meeting those goals since October 1, 2019. a. Outcome Goals: list the outcome goal(s) from your approved application and subreci ient agreement $ CDBG $ Outcome 1: Construction and clearing activities needed to install an ADA accessible lighted sidewalk connection. Other Consolidated Plan Funds Outcome 2: Documentation that at least 51% of persons served are low to moderate income to meet a CDBG LMI/LMA National Objective. Outcome 3: b. Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: Outcome 2: $ Total Entitlement Funds $ Outcome 3: 2. Is this project still in compliance with the original project schedule: Yes No If No, Explain: 3. Since October 1, 2019; of the persons assisted, how many... Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing) to this service or benefit? 0 b. ...now have 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 did the subreci lent apply for this erled? CD19-02 Section 108 Loan Guarantee - $ CDBG $ Page 34 O O Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ Total Entitlement Funds $ City of Naples CD19-02 River Park- 12i° Street Sidewalk Connection Page 34 O O 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/ethnicity, and income data are reported by persons. For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the number of persons in the household. 7. a. Total No. Persons/Adults served LMC 0 1 Total No. persons served under 18 (LMC) 0 Quarter Total No. of Persons 0 Quarter Total No. of Persons 0 b Presumed Benefit Activities Om LMC YTD ELI 0 Abused Children ELI 0 0 Abused Children ELI 0 Homeless Person ELI 0 Homeless Person ELI b. Total No. of Households served 0 Total No. of female head of household (LMH) 0 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethnicity and income data are reported by persons. 7. a. Total No. Persons/Adults served 0 Total No Persons served under 18 (LMC) 0 LMC Page 35 by YTD Total: 0 YTD Total 0 b. Total No. Households served L 0 Total No. female head of household (LMH) 0 a YTD Total 0 YTD Total 0 8. Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: LMC Quarter PRESUMED BENEFICIARY DATA ONLY (LMC) YTD Page 35 by Indicate the total number of UNDUPLICATED persons served thisuq arter who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): Indicate the total number of UNDUPLICATED persons served since October 1 who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total uestion #6): a Presumed Benefit Activities Onl MC TR b Presumed Benefit Activities Om LMC YTD ELI 0 Abused Children ELI 0 0 Abused Children ELI 0 Homeless Person ELI 0 Homeless Person ELI 0 Migrant Farm Workers LI 0 Migrant Farm Workers LI 0 Battered Spouses LI 0 Battered Spouses LI 0 Persons w/HIV/AIDS LI 0 Persons w/HIV/AIDS LI 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely Disabled LI Adults 0 Severely Disabled Adults LI 0 Quarter Total 0 YTD Total 8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Page 35 by Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total uestion #6): in Indicate the total number of UNDUPLICATED persons served since October 1 (YTD) who fall into each income category (the total should equal the total in question #6): a ELI Extremely Low Income (0-30%) 0 b ELI Extremely Low Income (0-30%) 0 LI Low Income (31-500/6) 0 LI Low Income 0 MOD Moderate Income (51-80%) 0 MOD Moderate Income (51-80%) 0 NON- LIM Above Moderate Income (>80%) 0 NON- L/M Above Moderate Income (>80%) 0 Quarter Total 0 YTD Total 0 City of Naples CD19-02 River Park —12" Street Sidewalk Connection Page 35 by 9. Racial & Ethnic Data if applicable CD19-02 River Park- 12" Street Sidewalk Connection Page 36 OI,.J Please indicate how many UNDUPLICATED clients served this Quarter 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 a ual the total in question 6.question Please indicate how many UNDUPLICATED clients served since October (YTD) 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 in 6. a. RACE ETHNICITY /HISPANIC b. RACE ETHNICITY /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska Native 0 0 Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific Islander 0 0 Black/African American & White 0 0 Black/African American & White 0 0 American Indian/Alaska Native & 0 0 Black/African American American Indian/Alaska Native &. 0 0 Black/African American Other Multi -racial 0 0 Other Multi -racial 0 0 0 0 0 0 Name: Signature: Title: Your typed name here represents your electronic signature City of Naples CD19-02 River Park- 12" Street Sidewalk Connection Page 36 OI,.J EXHIBIT D INCOME CERTIFICATION Complete form, and retain appropriate supporting documentation, to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names — All Household Members Relationship Age 1 2 2 4 3 5 4 7 5 8 0.00 6 Total Income from Assets B(b) 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave blank. B(c) 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave blank. B(c) City of Naples O CD19-02 E River Park— 12th Street Sidewalk Connection Page 37 U A. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Benefits / Public Other Salaries Pensions Assistance Income (include tips, Asset commissions, Income bonuses, and overtime (Enter the I greater of 2 box B(b) or 3 box B(c), above, in 4 box C(e) 5 below) 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a) through C(c). 0.00 This amount is the Annual Anticipated Household Income. B. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. Uwe certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degtve and is punishable by fines and imprisonment provided under S. 775.082 and 775.083. Signature of Head of Household Signature of Spouse or Co -Head of Household Adult Household Member (if applicable) Adult Household Member (if applicable) Date Date Date Date City of Naples CD39-02 Q River Park -12'^ Street Sidewalk Connection Page 39 U A. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: ❑ Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/501 of the Very Low Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based upon the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Printed Name B. Household Data Date Title Number of Persons By Race / Ethnicity B r Age Native American Hawaiian or 0 5 2 26-40 41-61 62+ Indian Asian Black Other Pac. White Other Islander Hispanic Non - Hispanic NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. City of Naples Col9-02 d River Park— 12i° Street Sidewalk Connection Page 39 U EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by established by 2 CFR Part 200, Subpart F —Audit Requirements. This form may be used to monitor Florida Single Audit Act Statute 215.97 requirements. Subrecipient Name First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DD/YY Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the 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. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we El understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/18 City of Naples CD19-02 River Park -12'^ Street Sidewalk Connection Page 40 �d U FAIN # B -18 -UC -12-0016 B -19 -UC -12-0016 Federal Award Date 10/2018 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $200,000-$676,365 Subrecipient Name Collier County Community Redevelopment Agency Immokalee DUNS# 076997790 FEIN 59-6000558 R&D No Indirect Cost Rate No Period of Performance 10/01/2018-4/30,12020 11/30/2020 Fiscal Year End 9/30 Monitor End: 04/30QO25 3/31/2026 SECOND AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY REDEVELOPMENT AGENCY (IMMOKALEE) This Amendment is entered into this day of 2019, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and Collier County Community Redevelopment Agency (Immokalee), ("Subrecipient"), having its principal office at 750 5°i Street in Immokalee, Florida 34142. RECITALS WHEREAS, on September 11, 2018, the COUNTY entered into an Agreement for awarding Community Development Block Grant Program funds to be used for the Immokalee Sidewalks 2018 project (hereinafter referred to as the "Agreement"); and WHEREAS, the parties desire to clarify special conditions, modify the project scope and budget and identify the subrecipient's project manager and WHEREAS, the parties desire to increase the amount of agreement funds, extend the period of performance and identify the subrecipient's contact information. 1 Collier County Redevelopment Agency (Immokalee) Immokalee Sidewalks 2018 Second Amendment CD18-03 A NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend the Agreement as follows: Words Strueli Through are deleted; Words Underlined are added PART SCOPE OF WORT{ Description of project and outcome: CHS, as administrator of the CDBG program, will make available CDBG funds up to the gross amount of $200,000.0 $676,365 to the Collier County Community Redevelopment Agency (Immokalee) to fund: The permitting, construction and associated activities for sidewalk installation/improvements on the south side of Immokalee on portions of Carver Street and South 5°i Street. The project will be defined in the project plans, specification and schedule of values. The project will be defined in the project plans, specification and schedule of values. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: Construction and associated activities to install/improve $200,000 sidewalks in the defined project area. $676,365 Total Federal Funds: $�00 080 $676,365 1.3 PEROD OF PERFORMANCE Collier County Redevelopment Agency (Immokalee) Immokalee Sidewalks 2018 Second Amendment CD 18-03 Services of the SUBRECIPIENT shall start on October 1, 2018 and shall end on April November 30, 2020. This agreement shall remain in effect until all CDBG funds and program income are no longer under the control of the SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The County agrees to make available Six Hundred Seventy Six Thousand Three Hundred Sixty Five 00/100 Dollars ($676,365) for use by the SUBRECIPIENT, during the term of the agreement (hereinafter, shall be referred to as the "funds"). 1.6 NOTICES SUBRECIPIENT ATTENTION: David Berra, Prejeet Manager Christie Betancourt, CRA Operations Manager 750 South 5"' Street Immokalee, Florida 34142 Email: _David Be....Qeoil:e..,., .,t.,Fl ,. Christie.Betancout-t@colliercouiityfl.gov Telephone: (239) 269 6958 867-0028 SIGNATURE PAGE TO FOLLOW Collier County Redevelopment Agency (Immokalee) Immokalee Sidewalks 2018 Second Amendment CD 18-03 is 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 E. BROCK, CLERK La , Deputy Clerk Approved as to form and legality: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 0 William L. McDaniel Jr., CHAIRMAN COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) 53 William L. McDaniel Jr., CHAIRMAN Date: Jennifer A. Belpedio Assistant County Attorney 1 C\ 4 Collier County Redevelopment Agency (Immokalee) Immokalee Sidewalks 2018 Second Amendment CD18-03 11 FAIN # B -19 -UC -12-0016 Federal Award Date EST. 10/2019 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $300,000 Subrecipient Name County Community Redevelopment Agency (Bayshore Gateway Triangle) DUNS# 076997790 FEIN 59-6000558 R&D No Indirect Cost Rate No Period of Performance 10/2019-4/30/2021 Fiscal Year End 9/30 Monitor End: 4/30/2026 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (BAYSHORE GATEWAY TRIANGLE) THIS AGREEMENT is made and entered into this _ day of 2019, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee') having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and Collier County Community Redevelopment Agency (Bayshore Gateway Triangle, ("SUBRECIPIENT"), having its principal office at 3570 Bayshore Drive, Unit 102 Naples, Florida, 34112. WHEREAS, the County has entered into an agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (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 2019-2020 for the CDBG Program with Resolution 2019- on June _, 2019 — Agenda Item ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised the 2018/2019 Annual Action Plan, on May 24, 2019, with a 30 -day Citizen Comment period from May 24, 2019 to June 25, 2019; and Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 1 ® Conflict of Interest Policy ® Procurement Policy ❑ Uniform Relocation Act Policy ® Sexual Harassment Policy ® Procedure for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (I2U.S.C. 794 1 u) ® Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) Z Fraud Policy C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of any reimbursement of funds under this Agreement. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: Project Component 1: $300,000 Construction and related activities to install and upgrade existing fire control infrastructure, water mains, interconnections and associated activities to complete the Fire Suppression Project Phase 3 Total Federal Funds: $300,000 The Subrecipient will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ❑ Maintain and provide to the County, as requested, beneficiary income certification documentation ® Maintain and provide National Objective Documentation ® Provide Quarterly Reports on National Objective and project progress ❑ Required attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS. ® Identify Lead Project Manager ® Provide Site Design and Specifications ® Comply with Davis Bacon Labor Standards ® Comply with Section 3 and maintain documentation and reporting requirements Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable affordability period for the project is met Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 3 WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the County and Subrecipient wish to set forth the responsibilities and obligations of each in the undertaking the CDBG CD19-03 Fire Suppression Phase 3. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART SCOPE OF WORK The Subrecipient shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Fire Suppression Phase 3 Description of project and outcome: CHS, as administrator of the CDBG program, will make available CDBG funds up to the gross amount of $300,000.00 to the Collier County Community Redevelopment Agency (Bayshore Gateway Triangle) to fund: The Continuation of a multi -phase project installing new and/or upgrades to existing fire control infrastructure (fire hydrants), water mains, interconnections and associated activities. This project will be Phase 3 and will incorporate the following streets located south of Haldeman Creek, east of Bayshore Drive: Coco Avenue, Areca Avenue, Basin Street, Canal Street and Captains Cove. The project will be defined in the project plans, specification and schedule of values. 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this agreement, the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project, excluding Public Service projects. B. The following resolutions and policies must be submitted by the SUBRECIPIENT within sixty (60) days of this agreement: ❑ Affirmative Fair Housing Policy ® Affirmative Action/ Equal Opportunity Policy Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 2 B. National Objective The CDBG program funds awarded to Collier County must benefit low -moderate income persons (LMI). As such the Subrecipient shall be responsible for ensuringthat all activities and beneficiaries meet the definition of: ® LMA—Low/Mod Area Benefit ❑ LMC — Low/Mod Clientele Benefit ❑ LMH — Low/Mod Housing Benefit ❑ LMJ—Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons based on HUD determined eligible census tracts. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMC: Must document that at least 51 percent of persons served, are low to moderate income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must have at least 51 percent occupied by LMI households and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1 agreement agreement execution Insurance Insurance Certificate Within 30 days of agreement execution and Annually within thh 30) da s of renewal Detailed Project Schedule Project Schedule Within sixty (60) days of agreement execution Project Plans and Specifications Site Plans and *S ecifications Prior to procurement Subcontractor Log Subcontractor Log Initially at construction start, and ul thereafter Submission of Progress Report Exhibit C Quarterly reports within 10 days following the end of the quarter Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 4 D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Final report due 60 days after Project Component 1: Submission of supporting documents agreement ends. Section 3 Report Quarterly report of new hire Quarterly activities to install and upgrade information Davis -Bacon Act Certified Weekly Certified Payroll Within 21 days of receipt Payroll reports, forms and supporting interconnections and associated documentation Financial and Compliance Audit Audit, Management Letter and Nine (9) months after FY end any contingencies needed to Exhibit E for Single Audit OR one complete the Fire Suppression total grant award or project costs hundred eighty (180) days after Project Phase 3. whichever is lower upon proof of proper FY end Continued Use Certification Continued Use Affidavit, if Annually; for five (5) years after applicable meetin the NationalOb'ective Revenue Plan for maintenance Plan approved by the County Initial Plan due after completion and Capital Reserve monitoring clearance and meeting a of construction. Annually; National Objective through the period of continued For clarity, the County will not withhold use Program Income Reuse Plan Plan Approved by the County Not applicable D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Submission of supporting documents Submission of Construction and related must be provided as backup as evidenced monthly invoices. activities to install and upgrade by, banking documents, completed AIA existing fire control G702-1992 form, or equivalent document infrastructure, water mains, per contractor's Schedule of Values and interconnections and associated any additional documents as needed. activities, required permitting and any contingencies needed to The County will pay up to 90% of the complete the Fire Suppression total grant award or project costs Project Phase 3. whichever is lower upon proof of proper payment. The remaining 10% of the award or Following close out project costs will be released upon final monitoring monitoring clearance and meeting a National Objective For clarity, the County will not withhold 10% on each payment, rather, the last 10% will only be paid as previously specified. Final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. Failure by the subrecipient to achieve the National Objective will require repayment of the CDBG investment under this agreement. Collier County Redevelopment Agency (Bayshore) CD19 03 Fire Suppression Phase 3 Page 5 1.3 PERIOD OF PERFORMANCE Services of the Subrecipient shall start on October 1, 2019 and shall end on April 30, 2021. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available (Three Hundred Thousand) Dollars ($300,000.00) for use by the SUBRECIPIENT, during the term of the agreement (hereinafter, shall be referred to as the "Funds"). Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and does not signify a change in scope. Fund shifts that exceed 10 percent of the agreement amount shall only be made with Board approval. 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 CHS. 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 the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations may 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 after the end of the agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements. Except where disputed for noncompliance, 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." Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 6 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section (Section 1.5 -Cost Principles) of this agreement, SUBRECIPIENT is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E -Cost Principles. A Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart E and may impose requirements upon the Developer, in order for the COUNTY to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. 1.6 NOTICES Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, 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: Lisa Oien, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Lisa.oien@colliercountyfl.eov Telephone: (239) 252-6141 SUBRECIPIENT ATTENTION: Tami Scott, Senior Project Manager 3570 Bayshore Drive Unit 102 Naples, Florida 34112 Email: Tami.scott@colliercountyfl.gov Telephone: (239) 643-1115 Collier County Redevelopment Agency (Bayshore) to CD19-03 Fire Suppression Phase 3 Page 7 PART H GRANT CONTROL REQUIREMENTS 2.1 AUDITS 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. Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current GRANTEE policy concerning SUBRECIPIENT audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F -Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 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 is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time, upon request by the COUNTY or CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), 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. Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 8 D. Upon completion of all work contemplated under this agreement, copies of all documents and records relating to this agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333, with the following exception: if any litigation, claim, or audit is started before the expiration date of the five (5) 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 2 CFR 200.336. The SUBRECIPIENT shall 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 COUNTY. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, Michael.Cox(aa,colliercountyfl.Eov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of 1931, 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. F. 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 CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. SUBRECIPIENT shall document how the National Objective(s), as defined in 24 CFR 570.208 and the eligibility requiremen(s) under which funding has been received, have been met. These also include special requirements, such as necessary and appropriate Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 9 determinations, as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes 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 2 CFR 200.336 and 2 CFR 200.337. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180) days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may 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 CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards, as stated, with all other applicable laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 PREVENTION OF FRAUD AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this agreement and to provide for the proper and effective management of all Program and Fiscal activities of the agreement. SUBRECIPIENT's internal control systems and all transactions and Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 10 bJ other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent waste, fraud, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: Initial non-compliance may result in Findings or Concerns being issued to the SUBRECIPIENT, which will require a corrective action plan be submitted to the COUNTY within 15 days following issuance of the report. • Any pay requests that have been submitted to the COUNTY for payment will be held until the corrective action plan has been submitted. CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, in order to correct the non-compliance issue. 2. If in the case SUBRECIPIENT fails to submit the corrective action plan in a timely manner to the COUNTY, the COUNTY may require a portion of the awarded grant amount be returned to the COUNTY. The COUNTY may require upwards of five percent (5% o) of the award amount be returned to the COUNTY, at the discretion of the Board of County Commissioners. • The entity may be denied future consideration as set forth in Resolution No. 2013-228. Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 11 U 3. If in the case SUBRECIPIENT continues to fail to correct the outstanding issue or repeats an issue that was previously corrected and has been informed by the COUNTY of their substantial non-compliance by certified mail; the COUNTY may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, be returned to the COUNTY. • The COUNTY may require upwards often percent (10%) of the award amount be returned to the COUNTY, at the discretion of the Board of County Commissioners. • The SUBRECIPIENT will be considered in violation of Resolution No. 2013- 228. 4. If in the case, after repeated notification, SUBRECIPIENT continues to be substantially non-compliant, the COUNTY may recommend the contract or award be terminated. • The COUNTY will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The SUBRECIPIENT will be required to repay all funds disbursed by the COUNTY for the project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If in the case SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be non-compliant, the above sanctions may be imposed across all awards at the BCC's discretion. 2.6 REPORTS Reimbursement may be contingent upon 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 I Oth 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 including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "C". Exhibit "C" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase Page 12 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. Collier County Redevelopment Agency (Bayshore) CD CD19-03 Fire 1 Suppression Phase 3 Page 13 d U PART III TERMS AND CONDITIONS 3.1 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. 3.2 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; (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the SUBRECIPIENT is required to follow federal procurement; and (4) for Developers, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the funds provided under this agreement. The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement rather than supplant funds otherwise available. 3.3 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 COUNTY 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. 3.4 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 COUNTY'S governing body. Such amendments shall not invalidate this agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under 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 Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 14 v activities to be undertaken as part of this agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS 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, or the reduction of funds awarded by HUD to Collier County, to a level, determined by the County Manager, to be insufficient to adequately administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In either 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. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the 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 there- on, 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 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. 3.7 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 Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 15 U public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" 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. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by either the COUNTY 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 COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this agreement: A. 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. B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement. C. Ineffective or improper use of funds provided under this agreement. D. Submission by the SUBRECIPIENT to the COUNTY reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification. F. Failure to materially comply with any terms of this agreement. G. Failure to materially comply with the terms of any other agreement between the COUNTY and the SUBRECIPIENT relating to the project. Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 16 U 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: A. Require specific performance of the agreement, in whole or in part. B. Require the use of, or change in, professional properly management. C. Require immediate repayment by SUBRECIPIENT to the COUNTY of all CDBG funds that SUBRECIPIENT has received under this agreement. D. Apply sanctions, if determined by the COUNTY to be applicable. E. Stop all payments, until identified deficiencies are corrected. F. 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. 3.9 REVERSION OF ASSETS In the event of a termination of this 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 property 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 or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until all insurance required, as outlined in Exhibit "A" and 2 CFR 200.310, has been obtained, and said insurance shall be carried, at all times, during SUBRECIPIENT's performance under the agreement. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 17 Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.12 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through .326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Range: Competition Required $0-$3,000 Single Quote with documentation $3,000 - $50,000 3 Written Quotes $50,000+ Formal Solicitation ITB, RFP, etc. All improvements specified in Part 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 contracts for improvements with the lowest, responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.13 PROGRAM GENERATED INCOME No Program Income is anticipated. In the event Program Income is derived from the use of CDBG funds disbursed under this agreement, such Program Income shall be utilized by the SUBRECIPIENT for CDBG-eligible activities, approved by COUNTY. 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 accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When program income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program, for further reallocation. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with the COUNTY after the five (5) year continued use period has been met (for public services, "after the expiration of the Agreement"). The continued use period shall commence with the later of the Subrecipient meeting the National Objective or the recording of lien and/or deed restriction documentation). Activities during this closeout period shall include, but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, program income Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 18 CA balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, 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 that have been advanced or paid must be returned to the COUNTY. Any funds paid exceeding the amount SUBRECIPIENT is entitled to 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. Closeout procedures must take place in accordance with 2 CFR 200.343, 3.15 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. 3.16 OPPORTUNITITES 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 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. 3.17 PROGRAM BENEFICIARIES At least 51 percent of the beneficiaries of a project funded through this agreement must be low - and moderate- income persons or presumed to be low- to moderate- income persons based on applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If Collier County Redevelopment Agency (aayshore) CD19-03 Fire Suppression Phase 3 Page 19 CAO the project is located in an entitlement city; as defined by HUD, or serves beneficiaries countywide, more than 30 percent 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 "C" of this agreement. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to cant' 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 Affirmative Action will need to be updated throughout the continued use period and must be submitted to COUNTY within 30 days of update/modification. 3.19 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 SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. 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 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, its employees, or its contractors shall be disclosed, in writing, to CHS 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. 3.20 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: Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 20 V 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 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. 3.21 INCIDENT If services to clients are to be provided under this agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. 3.22 SEVERABILITY Should any provision of the agreement be determined to be unenforceable or invalid, such determination shall not affect the validity or enforceability of any other section or part thereof. Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 21 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www cefr.gov/cgi-bin/text-idx?tpl=/ecfrbrowsefritle24/24cfr570 main 02 tpll 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https://www.ecfr gov/cgi-bin/text-idxytpl=/ecfrbrowse/Title24/24cfr58 main 02 t ll 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended hLtps:Hportal hud goy/hudportal/[ UD?src=/1program offices/fair housing equal opp/FHLaws/10 9 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. http://www.hud.gov/offices/fheo/library/huddoistatement pdnms•//www hud gov/proaram offic es/fair housing equal opo/ReasonableAccommodationsl5 Executive Order 11063 — Equal Opportunity in Housing https://www.hud og v/prog am offices/fair housing equal opp/FHLaws/EX011063 Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https://www.archives pov/federal-register/codification/executive-order/12259 html 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. https://www.law.comell.edu/cfr/textt24/part-1 07 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended https://www.hud.gov//propramdescription/title6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. hftps://www.gpo.gov/fdsys/pkkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- 602Tpdf 4.7 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. EO 11246: https://www.hud.gov/program offices/fair housing equal opp/FHLaws/EX011246 EO 11375 and 12086: see item #8 below Collier County Redevelopment Agency (aayshore) CD19-03 Fire Suppression Phase 3 Page 22 U 4.8 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. https://www.hud.goy/programdescription/title6 4.9 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 Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients 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." 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. Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 23 https://www.hud.gov/sites/dOcuments/DOC_12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfrl35 main 02 tol 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https•//www hud gov/program offices/fair housing equal opp/FHLaws/109 https:Hportal hud ov/hudportal/HUD?srgf/program offices/fair housing equal opp/FHLaws/E X011063 11246: https://www.dol.gov/ofccp/rejzs/statutes/eol 1246.htm 11375: Amended by EO 11478 11478: https://www.archives.14ov/federal-register/codification/executive-order/11478 html 12107: https://www.archives.gov/federal-repister/codification/executive-order/12107 html 12086: https://www.archives.gov/federal-register/codification/executive-order/12086 html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe0l.pdf 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/civilrights/sec504.htm 29 USC 776: https://law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.comef.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.hud. ovg /hudprograms/cohudap 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dotgov/real estate/uniform act/index.cfm 4.15 29 CFR Parts 3 and 5 - Regulations that 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). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States bgps://www.law.comell.edu/cfr/text/29/Tart-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) Collier County Redevelopment Agency (Bayshore) CD1—03 Sup Fire Suppression Phase 3 Page 24 https://www.law.comell.edu/cfr/text/29/Hart-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. hftps://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 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. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. httns://www.archives.gov/federal-register/codification/executive-order/11625 html 4.17 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. 24 CFR 570.607: https://www.lzpo. og v/fdUs/pkiz/CFR-2010-title24-vol3/pdf/CFR-2010- title24- vol3-sec570-608.pdf E.O. 13279: hitp://www.fedlzovcontracts.com/pe02-96.htm 4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988. https://www.ncbi.nim.nih.jzov/pubmed/I 2289709 4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ccfr.gov/cgi-bin/text-idxytpl=/ccfrbrowse/Title02/2cfr200 main _QZ.tpl 4.20 Immigration Reform and Control Act of 1986 https://www.eeoc.gov/eeoc/histoDL/35th/thelaw/irca.html 4.21 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. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 nart iii Collier County- httn://www.colliergov.net/home/showdocument?id=3513 7 4.22 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 Collier County Redevelopment Agency (Bayshore) C019-03 Fire Suppression Phase 3 Page 25 CP 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. 4.23 Venue -Any suit of 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, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 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 adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District 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. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.25 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www.law.comell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. hnps://www.law.comell.edu/uscode/text/33/chapter-26 4.26 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. https://www.law.cornell.edu/cfr/text/24/570.605 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo. og v/fds�s/granule/CFR- 2000-title24-vo13/CFR-2000-title24-vol3-sec570-608-id 163 Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 26 Cq 4.28 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. hftps://www.nps.izov/histoDL/local-law/nhpal966.htm l966.htm hitps://www.ecfr.gov/cgi-bin/text- idxvc=ecfr&tpl=/ecfrbrowse/Title36/36cfr800 main 02 t l 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. https://www.nps.gov/histoOL/local-law/nhpal966.htm 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). https://www.gpo.gov/fdsys/granule/USCODE-2009-title4l/USCODE-2009-title4l -chap 10- sec701 4.30 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. bMs://www.law.comell.edu/cfr/text/24/570.609 4.31 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. These requirements are enumerated in 2 CFR 200, et seq. 4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.344, 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. https://www.ecfr. gov/cgi-bin/text- idx7SID=5a78addeff 9a535e83fed3010308aef&mcrtrue&node=set 1 200 1344&r =div8 4.33 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 Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 27 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 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. https://www.gpo.gov/fdsys/granule/CFR- 1999-title49-vol l /CFR-1999-title49-vol l -sec24-101 https://www.gpo. ov/fdUs/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505 4.34 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. http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String --&UR L=0200-0299/0287/Sections/0287.133.html 4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, 'Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. https://www. sg a.¢ov/portal/content/104877 4.37 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.izovregs.com/regulations/expand/title24 part5 subpartA section5.106 4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 28 r\ be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. https://www.ecfr. gov/cgi-bin/text- idx?SID=e339ece9fdfdl479eab67e850c7cddd4&node=24:2 1.1.2 10 4&rgn=div6 https://www.law.comell.edu/cfr/textt24/5.1 11 4.39 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federalre ig ster.gov/documents/2016/11/16/2016-25888/violence-aizainst-women- reauthorization-act-of-2013 -i mplementation-in-hud-housing=pro grams 4.40 Any rule or regulation determined to be applicable by HUD. 4.41 Florida Statutes 713.20, Part 1, Construction Liens https•//www.leg.state.fl.us/Statutes/indexcfn?App mode=Display Statute&URL=0700- 0799/0713/0713.html 4.42 Florida Statutes 119.021 Records Retention http://www.leg.state.fl.us/Statutes/index.cfin?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.021. h t m l 4.43 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cftn?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.02 I.html (Signature Page to Follow) Collier County Redevelopment Agency (Bayshore) C619 03 Fire Suppression Phase 3 Page 29 D 1 IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K. KINZEL, CLERK Dated: , Deputy Clerk (SEAL) Approved as to form and legality: BOARD OF COUNTY COIV COLLIER COUNTY, FLORIDA UA OF WILLIAM L. MC DANIEL, JR., CHAIRMAN Date: COLLIER COUNTY REDEVELOPMENT AGENCY (BAYSHORE) DONNA FIALA, CHAIRMAN Date: Jennifer A.y t I »\\ Assistant County Attorney Date: Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 30 d� PART V EXHIBITS EXIIMIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 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. 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. 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. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in I — 4 above, the SUBRECIPIENT 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 Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 31 O Od 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 than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 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. Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 32 EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Collier County Redevelopment Agency (Bayshore) Subrecipient Address: 3570 Bayshore Drive Naples Fl. 34112_ Project Name: Fire Suppression Phase 3 Project No: Total Payment Minus Retainage Period of Availability: through Payment Request # Period for which the Agency has incurred the indebtedness through SECTION H: STATUS OF FUNDS 1. Grant Amount Awarded $ 2. Sum of Past Claims Submitted on this Account 3. Total Grant Amount Awarded Less Sum of Past Claims Submitted on this Account 4. Amount of Today's Request 5. 10% Retainage Amount Withheld (if applicable) $ 6. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) 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 as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Division Director (Approval required $15,000 and above) (Approval Required $15,000 and above) Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 33 Od EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA GENERAL -Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") performance Reports. The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Agency Name: Collier County Redevelopment Date: Agency a shore Project Title: Fire Suppression Phase 3 IDIS #: Program Contact: Telephone Number: Activity Reporting Period Report Due Date October V — December 31n Januar 10' January l:t — March 31 st Aril 101° April 111—June 301, July I0a' Ju] V —September 30' October 10" REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/19 3/31/20 6/30/20 9/30/20 Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly report must include cumulative data beginning from the start of the program year October 1, 2019. 1. Please list the outcome goal(s) from your approved application and subrecipient agreement and indicate your progress in meeting those goals since October 1, 2019. a. Outcome Goals: list the outcome goal(s) from your approved application and subreci lent agreement $ Outcome 1: Complete Construction and related activities needed to complete the Fire Suppression Phase 3 project. Other Consolidated Plan Funds $ HOME Outcome 2: Document that at least 51 % of persons served are low to moderate income to meet a CDBG LMI/LMA National Objective. Outcome 3: b. Goal Progress: Indicate the progress to date in meeting each outcome goal, $ HOPWA Outcome 1: Outcome 2: $ Outcome 3: 2. Is this project still in compliance with the original project schedule: Yes No If No, Explain: 3. Since October 1, 2019; of the persons assisted, how many... Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing) to this service or benefit? 0 b. ...now have 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 did the subreci fent apply for this period? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement Funds $ Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 34 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/ethnicity, and income data are reported by persons. For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the number of persons in the household. 7. a. Total No. Persons/Adults served 0 1 Total No. persons served under 18 (LMC) 0 LM 0 Quarter Total No. of Persons 0 Quarter Total No. of Persons 0 YTD Total 0 b. Total No. Households served LMH 0 Total No. female head of household (LMH) b. Total No. of Households served 0 Total No. of female head of household (LMH) 0 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethnicity and income data are reported by persons. 7. a. Total No. Persons/Adults served 0 LMC Total No Persons served under 18 (LMC) 0 YTD Total: 0 YTD Total 0 b. Total No. Households served LMH 0 Total No. female head of household (LMH) 0 YTD Total 0 YTD Total 0 8. Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: MCQuarter PRESUMED BENEFICIARY DATA ONLY MC YTD Indicate the total number of UNDUPLICATED persons served thisua arter who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): Indicate the total number of UNDUPLICATED persons served since October 1 who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total uestion 46): a Presumed Benefit Activities Onl LMC QTR b Presumed Benefit Activities O LMC YTD ELI 0 Abused Children ELI 0 0 Abused Children ELI 0 Homeless Person ELI 0 Homeless Person ELI 0 Migrant Farm Workers LI 0 Migrant Farm Workers LI 0 Battered Spouses LI 0 Battered Spouses LI 0 Persons w/HIV/AIDS LI 0 Persons w/HIV/AIDS LI 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely Disabled LI Adults 0 Severely Disabled Adults LI 0 Quarter Total 0 YTD Total 8. Complete question Sa and Sb if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total uestion 46): in Indicate the total number of UNDUPLICATED persons served since October 1 (YTD) who fall into each income category (the total should equal the total in question #6): a ELI Extremely Low Income (0-30%) 0 b ELI Extremely Low Income (0-300%) 0 LI Low Income (31-50%) 0 LI Low Income 0 MOD Moderate Income. (51-80%) 0 MOD Moderate Income (51-80%) 0 NON- L/M Above Moderate Income (>80%) 0 NON- LIM Above Moderate Income (>80°/v) 0 Quarter Total 0 YTD Total 0 Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 35 a 9. Racial & Ethnic Data if applicable) Please indicate how many UNDUPLICATED clients served this Quarter 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 aqual the total in question 6,question Please indicate how many UNDUPLICATED clients served since October (YTD) 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 in 6. a. RACE ETHNICITY /HISPANIC b. RACE ETHNICITY /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska Native 0 0 Native Hawaiian/Other Pacific Islander 0 0 Native HawaiiardOther Pacific Islander 0 0 Black/African American & White 0 0 Black/African American & White 0 0 American Indian/Alaska Native & 0 0 Black/African American American Indian/Alaska Native & 0 0 Black/African American Other Multi -racial 0 0 Other Multi -racial 0 0 0 0 0 0 Name: Signature: Title: Your typed name here represents your electronic signature Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 36 EDIT D INCOME CERTIFICATION INSTRUCTIONS Complete form, and retain appropriate supporting documentation, to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names — All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by IIUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave blank. B(c) Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 37 d� A. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Benefits / Public Other Salaries Pensions Assistance Income (include tips, Asset commissions, Income bonuses, and overtime) (Enter the 1 greater of 2 box B(b) or 3 box B(c), 4 above, in box C(e) 5 below) 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a) through C(e). 0.00 This amount is the Annual Anticipated Household Income. B. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. Uwe certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083. Signature of Head of Household Date Signature of Spouse or Co -Head of Household Date Adult Household Member (if applicable) Adult Household Member (if applicable) Date Date Collier County Redevelopment Agency (eayshore) CD19-03 Fire Suppression Phase 3 Page 38 "�� A. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: ❑ Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/501 of the Very Low Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based upon the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Printed Name B. Household Data Date Title Number of Persons By Race / Ethnicity B Age Native American Hawaiian or 0 —25 26-40 41-61 62+ Indian Asian Black Other Pac. White Other Islander Hispanic Non - Hispanic NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 39 �d7 EXIMIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by established by 2 CFR Part 200, Subpart F —Audit Requirements. This form may be used to monitor Florida Single Audit Act Statute 215.97 requirements. Subrecipient Name First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DD/YY Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has ❑ been met and a Single Audit as required by 2 GFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the 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. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we ❑ understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/18 Collier County Redevelopment Agency (Bayshore) CD19-03 Fire Suppression Phase 3 Page 40 FAIN # B -19 -UC -12-0016 Federal Award Date Est. 10/2019 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $311,646.57 Subrecipient Name Immokalee Fire Control District DUNS# 010544356 FEIN 59-2198877 R&D No Indirect Cost Rate No Period of Performance 10/1/2019-12/31/2020 Fiscal Year End 9/30 Monitor End: 4/30/2026 AGREEMENT BETWEEN COLLIER COUNTY AND IMMOKALEE FIRE CONTROL DISTRICT THIS AGREEMENT is made and entered into this _ day of 20, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and Immokalee Fire Control District, ("SUBRECIPIENT"), having its principal office at 502 New Market Road East Immokalee, Fl. 34142. WHEREAS, the County has entered into an agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (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 2019-2020for the CDBG Program with Resolution 2019- on June , 2019 — Agenda Item ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised the 2019/2020 Annual Action Plan, on May 24, 2019, with a 30 -day Citizen Comment period from May 24, 2019 to June 25, 2019; and WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 1 WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking the CDBG CD19-09 Immokalee Fire Station Design. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Patties as follows: PART SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Immokalee Fire Station Design Description of project and outcome: CHS, as administrator of the CDBG program, will make available CDBG funds up to the gross amount of $311,646.57 to the Immokalee Fire Control District to fund: The architectural design and engineering for a proposed new fire station in Immokalee. Construction must commence within five (5) years after the CDBG 2017-18 funded property acquisition of 510 New Market Rd. E. in Immokalee, Florida (March 27, 2019) or risk repayment of CDBG funds The property will be deed restricted for five (5) years commencing on the date of initially meeting one of the National Objectives, in accordance with 24 CFR 570.505, if applicable. 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this agreement, the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project, excluding Public Service projects. B. The following resolutions and policies must be submitted by SUBRECIPIENT within sixty (60) days of this agreement: ❑ Affirmative Fair Housing Policy ❑ Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy Procurement Policy ❑ Uniform Relocation Act Policy ® Sexual Harassment Policy Z Procedure for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12U.S.C. 794 1 u) Immokalee Fire Control District CD79-09 Immokalee Fire Station Design Page 2 ® Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) Fraud Policy C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any finds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of any reimbursement of funds under this Agreement. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: Architectural design and engineering for a proposed new fire station $311,646.57 Total Federal Funds: $311,646.57 The Subrecipient will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ❑ Maintain and provide to the County, as requested, beneficiary income certification documentation ® Maintain and provide National Objective Documentation Z Provide Quarterly Reports on National Objective and project progress Required attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS. Identify Lead Project Manager ® Provide Site Design and Specifications ❑ Comply with Davis Bacon Labor Standards ® Comply with Section 3 and maintain documentation ❑ Provide certified payroll weekly throughout construction and rehabilitation ® Ensure design complies with Section 504/ADA accessibility ® Ensure the applicable affordability period for the project is met B. National Objective The CDBG program funds awarded to Collier County must benefit low -moderate income persons (LMI). As such the Subrecipient shall be responsible for ensuring that all activities and beneficiaries meet the definition of: Z LMA — Low/Mod Area Benefit ❑ LMC — Low/Mod Clientele Benefit ❑ LMH—Low/Mod Housing Benefit Immokalee Fire Control District Cm9-09 Immokalee Fire Station Design Page 3 ❑ LMJ — Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons based on HUD determined eligible census tracts. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMC: Must document that at least 51 percent of persons served, are low to moderate income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must have at least 51 percent occupied by LMI households and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section1.1) agreement agreement execution Insurance Insurance Certificate Within 30 days of agreement execution and Annually within thin 30 days of renewal Detailed Project Schedule Project Schedule Within sixty (60) days of agreement execution Project Plans and Specifications Site Plans and Specifications When complete Subcontractor Log Subcontractor Log Not applicable Submission of Progress Report Exhibit C Quarterly reports within 10 days following the end of the quarter. Final report due 60 days after agreement ends. Section 3 Report Quarterly report of new hire Quarterly. information Davis -Bacon Act Certified Weekly Certified Payroll Not applicable Payroll reports, forms and supporting documentation Financial and Compliance Audit Audit, Management Letter and Annually: nine (9) months after Exhibit E FY end for Single Audit OR one hundred eighty (180) days after FY end Immokalee Fire Control District C019-09 Immokalee Fire Station Design Page 4 Continued Use Certification Continued Use Affidavit, if Annually; for five (5) years after Project Component 1: applicable meeting the National Objective Revenue Plan for maintenance Plan approved by the County Not applicable and Capital Reserve by invoice, cancelled check(s) and any Program Income Reuse Plan Plan Approved by the County Not applicable D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Submission of supporting documents Submission of Architectural design and must be provided as backup, as evidenced monthly invoices. engineering for a proposed new by invoice, cancelled check(s) and any fire station other additional documentation as requested. Failure by the subrecipient to achieve the National Objective will require repayment of the CDBG investment under this agreement. 1.3 PERIOD OF PERFORMANCE Services of the Subrecipient shall start on October 1, 2019 and shall end on December 31, 2020. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available (Three Hundred Eleven Six Hundred Forty Six and 57/100) Dollars ($311,646.57) for use by the SUBRECIPIENT, during the term of the agreement (hereinafter, shall be referred to as the "Funds"). Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and does not signify a change in scope. Fund shifts that exceed 10 percent of the agreement amount shall only be made with Board approval. 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 CHS. 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 the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations may 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, Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 5 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 after the end of the agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements. Except where disputed for noncompliance, 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." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section (Section 1.5 -Cost Principles) of this agreement, SUBRECIPIENT is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E -Cost Principles. A Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart E and may impose requirements upon the Developer, in order for the COUNTY to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. 1.6 NOTICES Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, 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: Lisa Oien, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Lisa.0iennacolliercount}_fl.gov Immokalee Fire Control District DD19-09 AN Immokalee Fire Station Design Page 6 Telephone: (239) 252-6141 SUBRECIPIENT ATTENTION: Michael Choate, Chief Rita Greenberg, Deputy Chief 502 New Market Road East Immokalee, Florida 34142 Email: mchoate@immfire.com rgreenberg@immfire.com Telephone: (239) 657-2111 Immokalee Fire Control District C m Immokalokal ee Fire Station Design Pagel PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At anytime 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. Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current GRANTEE policy concerning SUBRECIPIENT audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F -Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 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 is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time, upon request by the COUNTY or CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), 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. Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 8 U D. Upon completion of all work contemplated under this agreement, copies of all documents and records relating to this agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333, with the following exception: if any litigation, claim, or audit is started before the expiration date of the five (5) 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 2 CFR 200.336. The SUBRECIPIENT shall 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 COUNTY. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329 Michael.Cox(a)colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of 1931, 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. F. 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 CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. 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 Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 9 determinations, as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes 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 2 CFR 200.336 and 2 CFR 200.337. N r9MITIOWITIRW During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180) days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may 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 CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards, as stated, with all other applicable laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY'S internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 PREVENTION OF FRAUD AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this agreement and to provide for the proper and effective management of all Program and Fiscal activities of the agreement. SUBRECIPIENT's internal control systems and all transactions and Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 10 other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent waste, fraud, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the SUBRECIPIENT, which will require a corrective action plan be submitted to the COUNTY within 15 days following issuance of the report. • Any pay requests that have been submitted to the COUNTY for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, in order to correct the non-compliance issue. 2. If in the case SUBRECIPIENT fails to submit the corrective action plan in a timely manner to the COUNTY, the COUNTY may require a portion of the awarded grant amount be returned to the COUNTY. • The COUNTY may require upwards of five percent (5%) of the award amount be returned to the COUNTY, at the discretion of the Board of County Commissioners. • The entity may be denied future consideration as set forth in Resolution No. 2013-228. 3. If in the case SUBRECIPIENT continues to fail to correct the outstanding issue or repeats an issue that was previously corrected and has been informed by the Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 11 COUNTY of their substantial non-compliance by certified mail; the COUNTY may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, be returned to the COUNTY. The COUNTY may require upwards often percent (10%) of the award amount be returned to the COUNTY, at the discretion of the Board of County Commissioners. • The SUBRECIPIENT will be considered in violation of Resolution No. 2013- 228. 4. If in the case, after repeated notification, SUBRECIPIENT continues to be substantially non-compliant, the COUNTY may recommend the contract or award be terminated. The COUNTY will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The SUBRECIPIENT will be required to repay all funds disbursed by the COUNTY for the project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If in the case SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be non-compliant, the above sanctions may be imposed across all awards at the BCC's discretion. 2.6 REPORTS Reimbursement may be contingent upon 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 10th 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 including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "C". Exhibit "C" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or 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. Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 12 PART III TERMS AND CONDITIONS 3.1 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. 3.2 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; (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the SUBRECIPIENT is required to follow federal procurement; and (4) for Developers, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the funds provided under this agreement. The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement rather than supplant funds otherwise available. 3.3 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 COUNTY 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. 3.4 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 COUNTY'S governing body. Such amendments shall not invalidate this agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under 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 Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 13 a activities to be undertaken as part of this agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The patties 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, or the reduction of funds awarded by HUD to Collier County, to a level, determined by the County Manager, to be insufficient to adequately administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In either 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. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the 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 there- on. 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 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. 3.7 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 Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 14 public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" 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. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by either the COUNTY 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 COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this agreement: A. 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. B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement. C. Ineffective or improper use of funds provided under this agreement. D. Submission by the SUBRECIPIENT to the COUNTY reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification. F. Failure to materially comply with any terms of this agreement. G. Failure to materially comply with the terms of any other agreement between the COUNTY and the SUBRECIPIENT relating to the project. Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 15 a 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: A. Require specific performance of the agreement, in whole or in part. B. Require the use of, or change in, professional property management. C. Require immediate repayment by SUBRECIPIENT to the COUNTY of all CDBG funds that SUBRECIPIENT has received under this agreement. D. Apply sanctions, if determined by the COUNTY to be applicable. E. Stop all payments, until identified deficiencies are corrected. 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. 3,9 REVERSION OF ASSETS In the event of a termination of this 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 property 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 or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until all insurance required, as outlined in Exhibit "A" and 2 CFR 200.310, has been obtained, and said insurance shall be carried, at all times, during SUBRECIPIENT's performance under the agreement. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 16 a Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.12 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through .326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Range: Competition Required $0-$3,000 Single Quote with documentation $3,000 - $50,000 3 Written Quotes $50,000+ Formal Solicitation ITB, RFP, etc; All improvements specified in Part 1. 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 contracts for improvements with the lowest, responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.13 PROGRAM GENERATED INCOME No Program Income is anticipated. In the event Program Income is derived from the use of CDBG funds disbursed under this agreement, such Program Income shall be utilized by the SUBRECIPIENT for CDBG-eligible activities, approved by COUNTY. 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 accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When program income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. hi the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program, for further reallocation. Public Facilities and Improvements: Public facilities that are acquired, constructed, rehabilitated, or otherwise improved with CDBG funds are subject to this requirement. This includes parks, libraries, community centers, and any other facility whose primary purpose is a public one. For these facilities, program income is the income generated by the use of the facility, less the operating costs associated with generating the income. The COUNTY considers utilities, property insurance, and facility maintenance to be operating costs that should be subtracted from revenue to determine net program income. For each funded project, the SUBRECIPIENT must submit for the COUNTY's approval a list of proposed costs incidental to the generation of the program income. Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 17 Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved, in whole or in part, with CDBG funds shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208, during the continued use period, as referenced in section 3.14 (Gant Closeout Procedures) of this agreement. If the SUBRECIPIENT sells, transfer, disposes of, or otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG National Objective, the SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage of the current fair market value of the property, after subtracting disposal costs. Such percentage shall have as its basis, the percentage of the appraised value attributable to CDBG and non-CDBG funds expended for the original acquisition of, or improvement to, the property under the terms of this agreement. Such payment shall constitute program income to the COUNTY. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with the COUNTY after the five (5) year continued use period has been met (for public services, "after the expiration of the Agreement"). The continued use period shall commence with the later of the Subrecipient meeting the National Objective or the recording of lien and/or deed restriction documentation). Activities during this closeout period shall include, but are not 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 Part 2.2, 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 that have been advanced or paid must be returned to the COUNTY. Any funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and informationthat complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343. 3.15 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. Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 18 a 3.16 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 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. 3.17 PROGRAM BENEFICIARIES At least 51 percent of the beneficiaries of a project funded through this agreement must be low - and moderate- income persons or presumed to be low- to moderate- income persons based on applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than 30 percent 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 "C" of this agreement. 3.18 AFFIIi 4ATIVE 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 prior to the award of funds. The Affirmative Action will need to be updated throughout the continued use period and must be submitted to COUNTY within 30 days of update/modification. 3.19 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 SUBRECIPIENT. The SUBRECIPIENT covenants that Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 19 00 it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and the State and Countystatutes, regulations, ordinances, or resolutions governing conflicts of interest. 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 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, its employees, or its contractors shall be disclosed, in writing, to CHS 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. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on properly owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.2001 j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided 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. Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 20 a 3.21 INCIDENT REPORTING If services to clients are to be provided under this agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. 3.22 SEVERABILITY Should any provision of the agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 21 00 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www.ecfr. gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr570vmaine02.tpl 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. littps;Hwww.ecfr.gov/cgi-bi n/text-idx?tpl=/ecfrbrowse/Title24/24cfr5 8mmaine02.tpl 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended https://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/10 9 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. htti)://www.hud.gov/offices/f ieo/library/huddoistatement.r)dfhtti)s://www.hud.aov/t)roaram offic es/fair housing equal opp/ReasonableAccommodationsl5 Executive Order 11063 — Equal Opportunity in Housing https://www.hud.gov/progi-am offices/fair housing equal opp/FHLaws/EX011063 Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https://www.archives. gov/federal-register/codification/executive-order/ 12259.html 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.0 https://www.law.cornell.edu/cfr/text/24/pact-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended https://www.hud.gov/programdescription/title6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www. gpo.gov/fdVs/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- 602.pdf 4.7 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. EO 11246: https://www.hud.gov/program offices/fair housing equal opp/FHLaws/EX011246 EO 11375 and 12086: see item 48 below Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 22 4.8 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 SUBRECMENT, state that it is an Equal Opportunity or Affirmative Action employer. https://www.hud.gov/programdescription/title6 4.9 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 Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients 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." 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 correction 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. Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 23 a littbs://www.bud.gov/sites/documents/DOC 12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/eefrbrowse/Title24/24efrl35 main 02.tpl 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.hud.gov/prograin offices/fair housing equal opp/FHLaws/109 https:Hportal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/E X011063 11246: https://www.dol.gov/ofccp/regs/statutes/eoI1246.htm 11375: Amended by EO t 1478 11478: https://www.arebives.gov/federal-register/codification/executive-order/11478.htm1 12107: https://www.archives.gov/federal-register/codification/executive-order/12107.htinl 12086: https://www.ai-chives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/reg_s/statutes/safe0i.pd 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/civilrights/sec504.htm 29 USC 776: https:Hlaw.onecle.com/uscode/29/776.htmi 24 CFR 570.614: htns://www.law.comell.edu/cfr/texY24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.htid.govihudprograins/eohudap 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.gov/real estate/uniform act/index.cfin 4.15 29 CFR Parts 3 and 5 - Regulations that 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). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States httpLs://www.law.comell.edu/cfr/text/29/pal-t-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 24 a https://www.law. comel1. edu/cfi•/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.uesb.edu/ws/index.php?pid=23675 4.16 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. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www. archives. gov/federal-register/cod ification/executive-order/ 11625. htm I 4.17 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. 24 CFR 570.607: https://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24- vol3-sec570-608.pdf E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm 4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988. https://www.iicbi.nlm.nih.gov/ptibmed/12289709 4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.eefr gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Tit]e02/2efr200 main 02.tpl 4.20 Immigration Reform and Control Act of 1986 https://www.ceoc.,gov/eeoc/history/35th/thelaw/irea.html 4.21 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. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112partiii Collier County- http://www.colliergov.net/home/showdocument?id=35137 4.22 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 Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 25 a 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. 4.23 Venue -Any suit of 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, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 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 adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District 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. https://www.flseliate.gov/Laws/Statutes/2012/44.102 4.25 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. htt2s://www.law.cornell.edu/uscode/text/42n40l b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.law.comell.edu/uscode/texb33/chapter-26 4.26 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. https://www.law.comell.edu/cfr/text/24/570.605 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. https•//www.gpo.gov/fdsys/granule/CFR- 2000-title24-vol3/CFR-2000-title24-vola-sec570-608-id 163 Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 26 NN 4.28 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. hftps://www.nps.gov/histoiy/local-law/nhpal 966.htm https://www.eefr.gov/09i-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800 main 02.tpl 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. hLtps://www.nps.gov/history/local-law/nhpal 966.htm 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). https://www.gpo.gov/fdsys/pyanule/USCODE-2009-titic4 1/USCODE-2009-title4 I -chap 10- sec70I 4.30 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. https://www.law.cornell.edu/cfr/text/24/570.609 4.31 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. These requirements are enumerated in 2 CFR 200, et seq. 4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT' S fiscal year. Per 2 CFR 200.344, 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. https://www ecfr.gov/cgi-bin/text- idx?SID=5 a78addefff9a535e83fed30103 08aef&mc=true&node=se2.1.200 1344&rgn=div8 4.33 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 Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 27 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 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. https://www.gpo.gov/fdsys/granule/CFR-1999-title49-vol I /CFR-1999-title49-vol l -see24-101 https://www.gpo. og v/fdsLs/granule/CFR-2012-title24-vola/CFR-2012-title24-vol3-sec570-505 4.34 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. http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search_String=&UR L=0200-0299/0287/Sections/0287.133.htrnl 4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4,36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. https://www.gsa.pov/portal/content/I 04877 4.37 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.govregs.coin/regulations/expand/tit]e24 part5_subpartA section5.106 4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 28 be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. https://www.ccfr.gov/cgi-bin/text- idx7SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1:1.2.10.4&r =n=div6 hMs://www.law.cot-nell.edu/cfr/text/24/5.1 11 4.39 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https•//www.federalregister.gov/documents/2016/11 /16/2016-25 888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing-pro rg ams 4.40 Any rule or regulation determined to be applicable by HUD. 4.41 Florida Statutes 713.20, Part 1, Construction Liens https://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700- 0799/0713/0713.html 4.42 Florida Statutes 119.02t Records Retention http://www.leg.state.fl.us/StatLites/index.cfin?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.02 Lhtml 4.43 Florida Statutes, 119,071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.021.html (Signature Page to Follow) Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 29 IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K. KINZEL, CLERK , Deputy Clerk Dated: (SEAL) Approved as to form and legality: Jennifer A. Belpedio p, Assistant County Attorney a Date: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: WILLIAM L. McDANIEL, JR., CHAIRMAN Date: IMMOKALEE FIRE CONTROL DISTRICT By: u t". R CL 1 t J PATRICIA ANNE GOODNIG T, CHAIRMAN Date: -1(-aIlc� Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 30 Ge,\ PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 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. DESIGN STAGE (1F APPLICABLE) In addition to the insurance required in I — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT 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 Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 31 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 than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 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.1.M.A. Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 32 a EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Immokalee Fire Control District Subrecipient Address: 502 New Market Road East _ Project Name: Immokalee Fire Station Design Project No: Total Payment Minus Retainage Period of Availability: through Payment Request # Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 2. Sum of Past Claims Submitted on this Account $ 3. Total Grant Amount Awarded Less Sum of Past Claims Submitted on this Account $ 4. Amount of Today's Request $ 5. 10% Retainage Amount Withheld (if applicable) $ 6. Current Grant Balance (Initial Gant Amount Award request) (includes Retainage) 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 as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 33 EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA GENERAL -Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance Reports. The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Agency Name: Immokalee Fire Control District Date: _ Project Title: Immokalee Fire Station Design IDIS #: Program Contact: Telephone Number: Activity Reporting Period Report Due Date October I ' — December 3151 January 10111 January 1°`—March 315' April 101h April h' —June 30' July 10'^ Jul h' — September 30'h October 101h REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/19 3/31/20 6/30/20 9/30/20 Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly renort must include cumulative data beginning from the start of the program year October 1, 2019. �a. Please list the outcome goal(s) from yourapproved application and subrecipient agreement and indicate your ro ress in meetin those oals since October 1, 2019. CD19-09 Outcome Goals: list the outcome goal(s) from your approved application and subreci fent agreement CDBG $ Outcome 1: Complete architectural design and engineering for a proposed new fire station. Other Consolidated Plan Funds $ Outcome 2: Outcome 3: b. Goal Progress: Indicate the progress to date in meeting each outcome goal. $ Outcome 1: Outcome 2: Total Entitlement Funds $ Outcome 3: F27 Is this project still in compliance with the original project schedule: Yes No If No Explain: 3. Since October 1, 2019; of the persons assisted, how many... Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing) to this service or benefit? 0 b. ...now have 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 did the subreci lent apply for this period? CD19-09 Section 108 Loan Guarantee $ CDBG $ Page 34 OHO Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement Funds $ Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 34 OHO 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/ethnicity, and income data are reported by persons. For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the number of persons in the household. 7. a. Total No. Persons/Adults served 0 Total No, persons served under 18 (LMC) 0 LMC b. Total No. Households served LMH 0 Total No. female head of household (LMH) 0 Quarter Total No. of Persons 0 Quarter Total No. of Persons 0 Indicate the total number of UNDUPLICATED persons served since October I who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total in uestion #6): a Presumed Benefit Activities Out LMC TR b. Total No. of Households served 0 Total No. of female head of household (LMH) 0 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethnicity and income data are reported by persons. 7. a. Total No. Persons/Adults served 0 Total No Persons served under 18 (LMC) 0 LMC YTD Total: 0 YTD Total 0 b. Total No. Households served LMH 0 Total No. female head of household (LMH) 0 YTD Total 0 YTD Total 0 8. Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: LMCQuarter PRESUMED BENEFICIARY DATA ONLY LMC YTD Indicate the total number of UNDUPLICATED persons served thisua arter who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): Indicate the total number of UNDUPLICATED persons served since October I who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total in uestion #6): a Presumed Benefit Activities Out LMC TR b Presumed Benefit Activities Only LMC YTD Extremely Low Income (0-30%) 0 Abused Children ELI b 0 Abused Children ELI 0 Homeless Person ELI 0 Homeless Person ELI 0 Migrant Farm Workers LI 0 Migrant Far[n Workers LI 0 Battered Spouses LI 0 Battered Spouses LI 0 Persons w/HIV/AIDS LI 0 Persons w/HIV/AIDS LI 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely Disabled LI Adults 0 Severely Disabled Adults LI 0 Quarter Total 0 YTD Total 8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total in uestion #6): Indicate the total number of UNDUPLICATED persons served since October 1 (YTD) who fall into each income category (the total should equal the total in question #6): a ELI Extremely Low Income (0-30%) 0 b ELI Extremely Low Income (0-30%) 0 LI Low Income (31-50%) 0 Ll Low Income 0 MOD Moderate Income (51-80%) 0 MOD Moderate Income (51-80%) 0 NON- L/M Above Moderate Income (>80%) 0 NON- Above Moderate Income (>80%) L/M 0 Quarter Total 0 YTD Total 0 Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 35 Otl) 9. Racial & Ethnic Data if applicable) CD19-09 Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients clients served this Quarter fall into each race served since October (YTD) fall into each race category. In category. In addition to each race category, please addition to each race category please indicate how many indicate how many persons in each race category persons in each race category consider themselves consider themselves Hispanic. (Total Race colutnn Hispanic. (Total Race colmnn should equal the total in should equal the total in question 6.question 6. a. RACE ETHNICITY b. RACE ETHNICITY /HISPANIC /HISPANIC. White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 Americanlndian/Alaska Native 0 0 Americanlndian/Alaska Native 0 0 Native HawaiiantOther Pacific Islander 0 0 Native Hawaiiial0ther Pacific Islander 0 0 Black/African American & White 0 0 Black/African American & White 0 0 American Indian/Alaska Native & 0 Black/African American 0 American Indian/Alaska Native & 0 0 Black/African American Other Multi -racial 00 Other Multi -racial 0 0 0 0 0 0 Name: Signature: Title: Your typed name here represents your electronic signature Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 36 Otto EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete form, and retain appropriate supporting documentation, to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names — All Household Members Relationship Age 1 2 Page 37 �d7 2 4 3 5 4 7 5 8 0.00 6 0.00 Total Income from Assets 13 b 0.00 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets l 2 Page 37 �d7 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets 13 b 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .06%) and enter results in 13(c), otherwise leave blank. B c Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 37 �d7 A. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Benefits / Public Other Salaries Pensions Assistance Income (include tips, Asset commissions, Income bonuses, and overtime) (Enter the I greater of 2 box B(b) or 3 box B(c), in above, 4 box C(e) 5 below) 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a) through C(e). 0.00 This amount is the Annual Anticipated Household Income. B. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. Uwe certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083. Signature of Head of Household Signature of Spouse or Co -Head of Household Adult Household Member (if applicable) Adult Household Member (if applicable) Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Date Date Date Date Page 38 A. CDBG Grantee Statement: individual(s) named in Item A provisions of the CDBG Program Based on the representations herein, the family or of this Income Certification is/are eligible under the The family or individual(s) constitute(s) a: ❑ Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/50t1i of the Very Low Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based upon the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Date Printed Name Title B. Household Data Number of Persons By Race / Ethnicity B Age Native American Hawaiian or 0-25 26-40 41 —61 62+ Indian Asian Black Other Pac. White Other Islander Hispanic Non - Hispanic NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information he or she desires to do so, and refatsal to give such information will not affect any right he or she has to the CDBG program. Immokalee Fire Control District CD19-09 Immokalee Fire Station Design Page 39 0 EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act Statute 215.97 requirements. Subrecipient Immokalee Fire Control District Name First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DD/YY Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the 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. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title Immokalee Fire Control District CD19-09 Immokalee Fire Station Design 06/18 Page 40 0 FAIN # B -19 -UC -12-0016 Federal Award Date EST. 10/2019 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $80,000 Subreci ientName CPPIFPMD DUNS# 076997790 FEIN 59-6000558 R&D No Indirect Cost Rate No Period of Performance 10/1/2019-12/31/2020 Fiscal Year End 9/30 Monitor End: 4/30/2025 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN COMMUNITY AND HUMAN SERVICES (CHS)DIVISION AND THE CAPITAL PROJECT PLANNING, IMPACT FEES & PROGRAM MANAGEMENT DIVISION THIS MEMORANDUM OF UNDERSTANDING is made and entered into this _ day of 20, by and between Community and Human Services (CHS) Division and Capital Project Planning, Impact Fees & Program Management Division, both divisions of Collier County, a political subdivision of the State of Florida. WHEREAS, throughout this MOU all references of the term "SUBRECIPIENT" shall be Capital Project Planning, Impact Fees & Program Management Division; and WHEREAS, the County has entered into an agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (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 2019-2020 for the CDBG Program with Resolution 2019-xxxx on June 25, 2019 — Agenda Item xxxx; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised the 2019/2020 Annual Action Plan, on May 24, 2019, with a 30 -day Citizen Comment period from May 24, 2019 to June 25, 2019; and Capital Project Planning, Impact Fees & Program Management Division 04 Napl Naples Manor Infrastructure Improvements Phase 1 Page 1 GP WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, CHS and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking the CDBG CD 19-04 Naples Manor Stormwater Improvements Phase 1. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Naples Manor Stormwater Improvements Phase Description of project and outcome: CHS, as administrator of the CDBG program, will make available CDBG funds up to the gross amount of $80,000.00 to Collier County's Capital Project Planning, Impact Fees & Program Management Division to fund: A preliminary engineering study to identify design alternatives, constraints, and opportunities to improve the stormwater management system within Naples Manor. The completed comprehensive preliminary engineering study will provide the basis upon which infrastructure improvements for Naples Manor will be designed. Phase 2, the design phase, at least one project component resulting from the preliminary engineering study, shall commence within one year after the study has been completed; and Phase 3 the construction Phase, the identified component in phase 2, must commence within one year of the completed design to progress towards meeting a CDBG national objective in a timely manner or risk repayment of CDBG funds. In the event that the project is not complete by 12/2025, the subrecipient SHALL repay all funds invested to date from a non-federal source. 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this MOU, the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project, excluding Public Service projects. B. The following resolutions and policies must be submitted within sixty (60) days of this MOU: Capital Project Planning, Impact Fees & Program Management Division CD19-04 d Naples Manor Infrastructure Improvements Phase 1 Page 2 V ❑ Affirmative Fair Housing Policy ® Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy ® Procurement Policy ❑ Uniform Relocation Act Policy ® Sexual Harassment Policy ® Procedure for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12U.S.C. 794 1 u) ® Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) Fraud Policy C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of any reimbursement of funds under this MOU. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description I Federal Amount Project Component 1: A preliminary engineering study to identify design $80,000 alternatives, constraints and opportunities to improve the stormwater management system within Naples Manor. Total Federal Funds: $80,000 The Subrecipient will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ❑ Maintain and provide to CHS, as requested, beneficiary income certification documentation ® Maintain and provide National Objective Documentation ® Provide Quarterly Reports on National Objective and project progress ® Required attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS ® Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis Bacon Labor Standards ® Comply with Section 3 and maintain documentation ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 3 GQ" ❑ Ensure the applicable affordability period for the project is met B. National Objective The CDBG program funds awarded to Collier County must benefit low -moderate income persons (LMI). As such the Subrecipient shall be responsible for ensuring that all activities and beneficiaries meet the definition of: LMA: Must document where at least 51 percent of the residents are LMI persons based on HUD determined eligible census tracts. Failure to achieve the national objective under this MOU will require repayment of the CDBG investment under this MOU. LMC: Must document that at least 51 percent of persons served, are low to moderate income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this MOU will require repayment of the CDBG investment under this MOU. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must have at least 51 percent occupied by LMI households and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this MOU will require repayment of the CDBG investment under this MOU. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this MOU will require repayment of the CDBG investment under this MOU. C. Performance Deliverables Program Deliverable LMA — Low/Mod Area Benefit ❑ LMC — Low/Mod Clientele Benefit ❑ LMH — Low/Mod Housing Benefit ❑ LMJ — Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons based on HUD determined eligible census tracts. Failure to achieve the national objective under this MOU will require repayment of the CDBG investment under this MOU. LMC: Must document that at least 51 percent of persons served, are low to moderate income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this MOU will require repayment of the CDBG investment under this MOU. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must have at least 51 percent occupied by LMI households and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this MOU will require repayment of the CDBG investment under this MOU. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this MOU will require repayment of the CDBG investment under this MOU. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this MOU Within sixty (60) days of MOU Section 1.1 execution Insurance Insurance Certificate Within 30 days of MOU execution and Annually within th' 30 da sof renewal Detailed Project Schedule Project Schedule Within sixty (60) days of MOU execution Project Plans and Specifications Engineer procurement package Not applicable Subcontractor Log Subcontractor Log Not applicable Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 4 Submission of Progress Report Exhibit C Quarterly reports within 10 days Project Component 1: A Submission of supporting documents following the end of the quarter. preliminary engineering study to must be provided as backup, as evidenced Final report due 60 days after identify design alternatives, by invoice(s), proof of payment and any agreement ends. Section 3 Report Quarterly report of new hire Quarterly improve the stormwater information Davis -Bacon Act Certified Not applicable Not applicable Payroll Financial and Compliance Audit Audit, Management Letter and Nine (9) months after FY end Exhibit E for Single Audit Continued Use Certification Continued Use Affidavit, if Annually after completion of applicable construction; for five (5) years after meeting the National Objective Revenue Plan for maintenance Plan approved by CHS Initial Plan due after completion and Capital Reserve of construction. Annually; through the period of continued use Program Income Reuse Plan Plan Approved by CHS Not applicable D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: A Submission of supporting documents Submission of preliminary engineering study to must be provided as backup, as evidenced monthly invoices. identify design alternatives, by invoice(s), proof of payment and any (example) constraints and opportunities to other additional documentation as improve the stormwater requested. management system within Naples Manor Failure by the subrecipient to achieve the National Objective will require repayment of the CDBG investment under this MOU. 1.3 PERIOD OF PERFORMANCE Services of the Subrecipient shall start on October 1, 2019 and shall end on December 31, 2020. 1.4 MOU AMOUNT CHS agrees to make available (Eighty Thousand) Dollars ($80,000.00) for use by the SUBRECIPIENT, during the term of the MOU (hereinafter, shall be referred to as the "Funds"). Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and does not Capital Project Planning, Impact rees & Program Management Division Naples Naples Manor Infrastructure Improvements Phase 1 Page 5 VV signify a change in scope. Fund shifts that exceed 10 percent of the MOU amount shall only be made with Board approval. The County shall reimburse the SUBRECIPIENT for the performance of this MOU upon completion or partial completion of the work tasks, as accepted and approved by CHS. 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 the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this MOU. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations may 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 MOU. Final invoices are due no later than 90 days after the end of the MOU. Work performed during the term of the program but not invoiced within 90 days after the end of the MOU may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this MOU for a period of up to 180 days after the end of the MOU. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements. Except where disputed for noncompliance, 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." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section (Section 1.5 -Cost Principles) of this MOU, SUBRECIPIENT is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E -Cost Principles. A Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 GFR Subpart E and may impose requirements upon the Developer, in order for the COUNTY to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal Capital Project Planning, Impact Fees & Program Management Division CD19-04 O Naples Manor Infrastructure Improvements Phase 1 Page 6 UQ controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this MOU. 1.6 NOTICES Notices required by this MOU shall be in writing and delivered via mail (postage prepaid), commercial courier, 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 MOU shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. CHS ATTENTION: Lisa Oien, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Lisa.Oien@colliercountyfl.gov Telephone: (239) 252-6141 SUBRECIPIENT ATTENTION Capital Project Planning, Impact Fees & Program Management Division Mindy Collier, Project Manager - Storrawater 2685 S. Horseshoe Dr. Suite 103 Naples, Florida 34104 Email: Mindy.Collier@colliercountyfl.gov Telephone: (239) 252-6139 Capital Project Planning, Impact fees & Program Management Division CD19-04 p Naples Manor Infrastructure Improvements Phase 1 Page 7 uQ PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as CHS (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 MOU for review, inspection or audit. Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current GRANTEE policy concerning SUBRECIPIENT audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F -Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to determine compliance with the requirements of this MOU, the CDBG Program, and all other applicable laws and regulations. This documentation shall include, but is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by CHS in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this MOU shall be made available to CHS, by the SUBRECIPIENT, at any time, upon request by CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this MOU, 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 MOU. Capital Project Planning, Impact Fees & Program Management Division C019-04 Naples Manor Infrastructure Improvements Phase 1 Page S D. Upon completion of all work contemplated under this MOU, copies of all documents and records relating to this MOU shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333, with the following exception: if any litigation, claim, or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. CHS shall be informed, in writing, if an agency ceases to exist after closeout of this MOU of the address where the records are to be kept, as outlined in 2 CFR 200.336. The SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to CHS, 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 CHS in a format that is compatible with the information technology systems of CHS. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329 Michael.Cox(i�colliercountyfl.2ov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of 1931, including files containing contactor 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. F. 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 CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. 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 570.208, income certification, and written agreements with beneficiaries, where applicable. Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 9 IOU H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that CHS would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes 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 2 CFR 200.336 and 2 CFR 200.337. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to CHS no later than nine (9) months after the Single Audit (or one hundred eighty (180) days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end. CHS will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At CHS's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this MOU is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. CHS will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards, as stated, with all other applicable laws, regulations, and policies governing the funds provided under this MOU further defined by 2 CFR 200.331. Substandard performance, as determined by CHS, will constitute noncompliance with this MOU. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by CHS, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, CHS, or the County's internal auditor(s) access to all records related to performance of activities in this MOU. 2.4 PREVENTION OF FRAUD AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this MOU and to provide for the proper and effective management of all Program and Fiscal activities of the MOU. SUBRECIPIENT's internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by CHS. Capital Project Planning, Impact Fees & Program Management Division Naples Naples Manor Infrastructure Improvements Phase 1 Page 10 Q. U SUBRECIPIENT shall provide CHS with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of the MOU. SUBRECIPIENT shall fully cooperate with CHS's efforts to detect, investigate, and prevent waste, fraud, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this MOU, or of any law or regulation to CHS or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce County Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: Initial non-compliance may result in Findings or Concerns being issued to the SUBRECIPIENT, which will require a corrective action plan be submitted to CHS within 15 days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, in order to correct the non-compliance issue. If in the case SUBRECIPIENT fails to submit the corrective action plan in atimely manner to CHS, CHS may require a portion of the awarded grant amount be returned to the County. • CHS may require upwards of five percent (5%) of the award amount be returned to the County, at the discretion of the Board of County Commissioners. • The entity may be denied future consideration as set forth in Resolution No. 2013-228. 3. If in the case SUBRECIPIENT continues to fail to correct the outstanding issue or repeats an issue that was previously corrected and has been informed by CHS of their substantial non-compliance by certified mail; CHS may require a portion of Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 11 TP the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, be returned to the County. • CHS may require upwards of ten percent (10%) of the award amount be returned to the County, at the discretion of the Board of County Commissioners. • The SUBRECIPIENT will be considered in violation of Resolution No. 2013- 228. 4. If in the case, after repeated notification, SUBRECIPIENT continues to be substantially non-compliant, CHS may recommend the contract or award be terminated. • CHS will make a recommendation to the Board of County Commissioners to immediately terminate the MOU. The SUBRECIPIENT will be required to repay all funds disbursed by CHS for the project that was terminated. This includes the amount invested by the County for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If in the case SUBRECIPIENT has multiple MOUS with CHS, and is found to be non-compliant, the above sanctions may be imposed across all awards at the BCC's discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this MOU, and on the resolution of monitoring findings identified pursuant to this MOU, as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to CHS on the 10th 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 including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "C". Exhibit "C" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or 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 MOU. Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 12 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this MOU may be assigned or subcontracted without the written consent of CHS, which consent, if given at all, shall be at CHS's sole discretion and judgment. 3.2 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; (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the SUBRECIPIENT is required to follow federal procurement; and (4) for Developers, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the funds provided under this MOU. The SUBRECIPIENT further agrees to utilize funds available under this MOU to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this MOU 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 MOU. CHS 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. 3.4 AMENDMENTS CHS or SUBRECIPIENT may amend this MOU, at any time, provided that such amendments make specific reference to this MOU, and are executed in writing, signed by a duly authorized representative of each organization, and approved by CHS'S governing body. Such amendments shall not invalidate this MOU, nor relieve or release CHS or SUBRECIPIENT from its obligations under this MOU. CHS may, in its discretion, amend this MOU 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 Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 13 V� part of this MOU, such modifications will be incorporated only by written amendment, signed by both CHS and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS 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 the County and HUD governing CDBG funds pertaining to this MOU. In the event of curtailment or non -production of said federal funds, or the reduction of fonds awarded by HUD to Collier County, to a level, determined by the County Manager, to be insufficient to adequately administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In either event, CHS may terminate this MOU, 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 CHS, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this MOU, and CHS shall be released from any further liability to SUBRECIPIENT under the terms of this MOU. 3.6 INDEMNIFICATION (Not Applicable) To the maximum extent permitted by Florida law; the SUBRECIPIENT shall indemnify and hold harmless CHS, 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 MOU. 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 CHS and shall pay all costs (including attorney's fees) and judgments which may issue there -on. This Indemnification shalt survive the termination and/or expiration of this MOU. This section does not pertain to any incident arising from the sole negligence of CHS. 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 MOU. 3.7 GRANTEE The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the program, research reports, and similar Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 14 public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" 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. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.339, this MOU may also be terminated for convenience by either CHS 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, CHS determines that the remaining portion of the award will not accomplish the purpose for which the award was made, CHS may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this MOU: A. 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. B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this MOU. C. Ineffective or improper use of funds provided under this MOU. D. Submission by the SUBRECIPIENT to CHS reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification. Failure to materially comply with any terms of this MOU. G. Failure to materially comply with the terms of any other MOU between CHS and the SUBRECIPIENT relating to the project. Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 15 In the event of any default by SUBRECIPIENT under this MOU, CHS may seek any combination of one or more of the following remedies: A. Require specific performance of the MOU, in whole or in part. B. Require the use of, or change in, professional property management. C. Require immediate repayment by SUBRECIPIENT to CHS of all CDBG funds that SUBRECIPIENT has received under this MOU. D. Apply sanctions, if determined by CHS to be applicable. E. Stop all payments, until identified deficiencies are corrected. F. Terminate this MOU by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the MOU is terminated by CHS, as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this MOU. 3.9 REVERSION OF ASSETS In the event of a termination of this MOU and in addition to any and all other remedies available to CHS (whether under this MOU, or at law, or in equity), the SUBRECIPIENT shall immediately transfer to CHS any property 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). CHS's receipt of any funds on hand at the time of termination shall not waive CHS's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as CHS may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this MOU until all insurance required, as outlined in Exhibit "A" and 2 CFR 200.310, has been obtained, and said insurance shall be carried, at all times, during SUBRECIPIENT's performance under the MOU. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant (24 CFR 570 et seq.). Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 16 3.12 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through .326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Range: Competition Required $0-$3,000 Single Quote with documentation $3,000 - $50,000 3 Written Quotes $50,000+ Formal Solicitation ITB, RFP, etc. All improvements specified in Part 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 contracts for improvements with the lowest, responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.13 PROGRAM GENERATED INCOME No Program Income is anticipated. In the event Program Income is derived from the use of CDBG funds disbursed under this MOU, such Program Income shall be utilized by the SUBRECIPIENT for CDBG-eligible activities, approved by CHS. 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 CHS through an annual program income re -use plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When program income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revert to CHS's Community Block Grant Program, for further reallocation. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to CHS shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with CHS after the five (5) year continued use period has been met (for public services, "after the expiration of the MOU"). The continued use period shall commence with the later of the Subrecipient meeting the National Objective or the recording of lien and/or deed restriction documentation.). Activities during this closeout period shall include, but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to CHS), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 17 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 that have been advanced or paid must be returned to CHS. Any funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this MOU must be refunded to CHS. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343. 3.15 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 MOU on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, CHS shall have the right to terminate this MOU. 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. 3.16 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 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. 3.17 PROGRAM BENEFICIARIES At least 51 percent of the beneficiaries of a project funded through this MOU must be low- and moderate- income persons or presumed to be low- to moderate- income persons based on applicable regulation, if the MOU is meeting a national objective through a LMI strategy. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than 30 percent of the beneficiaries directly assisted under this MOU must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 18 Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "C" of this MOU. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out, pursuant to CHS's specifications, an Affirmative Action Program, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. CHS 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 Affirmative Action will need to be updated throughout the continued use period and must be submitted to CHS within 30 days of update/modification. 3.19 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 MOU, and that no person having any conflict of interest shall be employed by or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. The SUBRECIPIENT will notify CHS, in writing, and seek CHS 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. CHS may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in CHS'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, its employees, or its contractors shall be disclosed, in writing, to CHS 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. 3.20 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: Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 19 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 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. 3.21 INCIDENT REPORTING If services to clients are to be provided under this MOU, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect; or exploitation of a child, aged person, or disabled adult to CHS. 3.22 SEVERABILITY Should any provision of the MOU be determined to be unenforceable or invalid, such determination shall not affect the validity or enforceability of any other section or part thereof. Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 20 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program hAps://www.ecfr. ov/cgi-bin/text-idx?tpl=/eefrbrowse/fitle24/24cfr570 main 02.1pl 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https://www.ecfr.gov/cgi-bin/text-idx?ipl=/ecfrbrowse/Title24/24cfr58 main 02.1pl 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended https://portal.hud.gov/iiudportal/HUD?s[gf/program offices/fair housing equal opp/FHLaws/10 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. htti)://www.hud.iiovloffices/theollibrary/huddoistatement.t)dfhttt)s://www.hud.izov/urogram offic es/fair housing_equal opp/ReasonableAccommodationsl5 Executive Order 11063 — Equal Opportunity in Housing https://www.hud.gov/program offices/fair housing equal opp/FHLaws/EX011063 Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs httns://www.archives. eov/federal-register/cod ification/executive-order/12259.html 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.0 blips://www.law.comell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended https://www.hud.gov/programdescription/title6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Vis://www.gpo.pov/fdUs/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- 602Tpdf 4.7 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. EO 11246: https://www.hud.gov/program offices/fair housing equal opp/FHLaws/EX011246 EO 11375 and 12086: see item #8 below Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 21 4.8 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. https://www.hud.goy/programdescription/title6 4.9 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 MOU, shall be a condition of the Federal financial assistance provided under this MOU and binding upon CHS, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements shall subject CHS, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients 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 MOU: "The work to be performed under this MOU 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." 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. Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 22 haps://www.hud.gov/sites/documents/DOC 12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.cefr.gov/cgi-bin/text-idx?c=ecfr&tpl=/Ccfrbrowseffitle24/24cfrl35 main 02.1p1 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.hudgov/program offices/fair housing equal opp/FHLaws/109 https://portal.hud. ovg /hudportaVHUD?src=/program offices/fair housing equal opp/FHLaws/E XOl 1063 11246: https://www.dol.ovg /ofccp/regs/statutes/eol1246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html 12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. hftps://www.dol.gov/whd/regs/statutes/safe0l.pd 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: hi(ps://www.epa.gov/civili-ights/sec5O4.htm 29 USC 776: https://law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.comell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.hud. ovg /hudprograms/eohudap 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.f iwa.dot. ovg /real_estate/uniform_act/index.cfm 4.15 29 CFR Parts 3 and 5 - Regulations that 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). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States https://www.law.comell.edu/cfr/text/29/part-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 23 https://www.law.comell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presided.ucsb.edu/ws/index.php?pid=23675 4.16 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. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives.gov/federal-register/codification/executive-order/I 1625.html 4.17 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. 24 CFR 570.607: https://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24- vol3-sec570-608.pdf E.O. 13279: hV://www.fedgovcontracts.com/pe02-96.htm 4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988. https://www.ncbi.nlm.nih-goy/pubmed/12289709 4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.goy/cei-bin/text-idx?tpl=/ecfrbrowse/TitleO2/2cfr200_main_02.tp1 4.20 Immigration Reform and Control Act of 1986 https://www.ceoc.gov/eeoc/history/35th/thelaw/irca.httnl 4.21 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. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii Collier County- http://www.collierizov.net/home/showdocument?id=35137 4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the MOU shall take precedence over the terms of all other Contract Documents, except the terns of any Supplemental Conditions shall take precedence over the MOU. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 24 of the Supplemental Conditions, if any, or the MOU, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.23 Venue -Any suit of action brought by either party to this MOU against the other party, relating to or arising out of this MOU, must be brought in the appropriate federal or state courts, in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this MOU 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 CHS's staff person who would make the presentation of any settlement reached during negotiations to the County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this MOU, 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 MOU shall be adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS MOU, 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 MOU. hiips://www.flsenate.izov/Laws/Statutes/2012/44.102 4.25 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. haps://www.law.cornell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.law.comell.edu/uscode/text/33/chapter-26 4.26 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. https://www.law.comell.cdu/cfr/text/24/570.605 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdsys/granule/CFR- 2000-title24-vol3/CFR-2000-title24-vol3-sec570-608-id 163 Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 25 4.28 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 MOU. https://www.nps.gov/history/local-law/ghpal966.htm https://www.ecfr.goy/cgi-bin/text- idx7c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800_main _02.tpl In general, this requires concurrence fiom the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State or Local historic property list. https://www.nps.gov/histoM/local-law/nhpal 966.h1m 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). hMs://www. gpo. eov/fdsys/granule/U SCODE-2009-title4l /U SCODE-2009-title4l -chap l 0- sec701 4.30 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. https://www.law.comell.edu/cfr/text/24/570.609 4.31 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. These requirements are enumerated in 2 CFR 200, et seq. 4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to CHS nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to CHS one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.344, if this MOU is closed out prior to the receipt of an audit report, CHS reserves the right to recover any disallowed costs identified in an audit after such closeout. hLtps://www.ccfr.izov/ci4i-bin/text- idx7SID=5a78addefff9a535e83 fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8 4.33 Any real property acquired by the SUBRBCIPIENT for the purpose of carrying on the projects stated herein, and approved by CHS 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 Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 26 provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within 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. https://www.gpo.jzov/fdUs/s/granule/CFR-1999-title49-vol l /CFR-1999-title49-vol l-sec24-101 https://www.gpo. og v/fdsys/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505 4.34 As provided in § 287.133, Florida Statutes, by entering into this MOU 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. http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String --&U L=0200-0299/0287/Sections/0287.133.html 4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. https://www.gsa.gov/portal/content/104877 4.37 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. hitps://www.izovregs.com/regulations/expand/tide24 parts subpartA section5.106 4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 27 be provided only by organizations and counselors certified by the Secretary under 24 CFR part214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. hftps://www.eefr.gov/cgi-bin/text- idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6 https://www.law.comell.edu/efr/text/24/5.111 4.39 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federaire isg ter.izov/documents/2016/11/16/2016-25888/violence-against-women- reauthorization-act-of-2013-i mplementation-in-hud-hous i ngprouams 4.40 Any rule or regulation determined to be applicable by HUD. 4.41 Florida Statutes 713.20, Part 1, Construction Liens https://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700- 0799/0713/0713.htm1 4.42 Florida Statutes 119.021 Records Retention hM://www.leg.state.fl.us/Statutes/index.cfm?App mode=Dis lalav Statute&URL=0100- 0199/0119/Sections/0119.021.html 4.43 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fl.tis/Statutes/index.cfn?App mode=Dis lav Statute&URL=0100- 0199/0119/Sections/0119.021.htm1 (Signature Page to Follow) Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 28 IN WITNESS WHEREOF, the SUBRECIPIENT and CHS, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. COMMUNITY AND HUMAN SERVICES DIVISION (CHS) 0 KRISTI SONNTAG, DIRECTOR Date: COLLIER COUNTY PUBLIC SERVICES DEPARTMENT STEVE CARNELL, DEPARTMENT HEAD Date: CAPITAL PROJECT PLANNING, IMPACT FEES & PROGRAM MANAGEMENT DIVISION AMY PATTERSON, DIRECTOR Date: GROWTH MANAGEMENT DEPARTMENT Un THADDEUS COHEN, DEPARTMENT HEAD Date: Approved as to form and legality: 0 Jennifer A. Belpedio Assistant County Attorney Date: Capital Project Planning, Impact Fees & Program Management Division C019-04 Naples Manor Infrastructure Improvements Phase 1 Page 29 PART V EXIMITS EXIMIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 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. 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. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT 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. 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 Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 30 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 than $1,000,000 combined single limit for combined Bodily hijury and Property Damage. 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. Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 31 09 EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES REQUEST FOR PAYMENT SECTION L• REQUEST FOR PAYMENT Subrecipient Name: Capital Project Planning, Impact Fees & Program Management Division Subrecipient Address: 2685 S. Horseshoe Drive, Suite 103 Naples, Fl. 34104 _ Project Name: Naples Manor Stormwater Improvements Phase 1 Project No: Total Payment Minus Retainage Period of Availability: through Payment Request #. Period for which the Agency has incurred the indebtedness through SECTION H: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Submitted on this Account 3. Total Grant Amount Awarded Less Sum of Past Claims Submitted on this Account 4. Amount of Today's Request 5. 10% Retainage Amount Withheld (if applicable) 6. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) I certify that this request for payment has been made in accordance with the terms and conditions of the MOU between CHS and us as the SUBRECIPIENT. To the best of my Imowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements. Phase 1 Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) Page 32 �9 EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA GENERAL -Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance Reports. The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Agency Name: Capital Project Planning Impact Fees Date: & Program Management Division October Project Title: Naples Manor Stormwater IDIS #: Improvements Phase 1 Pt — March 31' Program Contact: Mindy Collier Telephone Number: 239-252-6139 Activity Reporting Period Report Due Date October lst— December 3l't January 10' January Pt — March 31' Aril 1011 April I"— June 30a Jul 10' Jul 1st—September 30" October 10's REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/19 3/31/20 6/30/20 9/30/20 Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly report must include cumulative data beginning from the start of the program year October 1, 2019. 1. Please list the outcome goal(s) from your approved application and subrecipient agreement and indicate your progress in meeting those goals since October 1, 2019. a. Outcome Goals: list the outcome goal(s) from your approved application and subreci fent agreement $ Outcome 1: Complete preliminary engineering stud Other Consolidated Plan Funds $ HOME Outcome 2: Outcome 3: b. Goal Progress: Indicate the progress to date in meeting each outcome goal. $ HOPWA Outcome 1: Outcome 2: $ Outcome 3: 2. Is this project still in compliance with the original project schedule: Yes No If No, Ex lain: 3. Since October I, 2019; of the persons assisted, how many... Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes a. ...now bave new access(continuing) to this service or benefit? 0 b. ...now have 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 did the subreci ient apply for this eriod? CD19-04 Section 108 Loan Guarantee $ CDBG $ Page 33 Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ FSG $ $ HOPWA $ $ Total Entitlement Funds $ Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 33 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/ethnicity, and income data are reported by persons. For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the number of persons in the household. 7. a. Total No. Persons/Adults served 0 LMC Total No. persons served under 18 (LMC) 0 Indicate the total number of UNDUPLICATED persons served since October 1 who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): Quarter Total No, of Persons 0 Quarter Total No, of Persons 0 b Presumed Benefit Activities OnlyLMC YTD ELI 0 Abused Children ELI b 0 1 Abused Children ELI 0 Homeless Person b. Total No. of Households served 0 Total No. of female head of household (LMH) 0 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethnicity and income data are reported by persons. 7. a. Total No. Persons/Adults served 0 Total No Persons served under 18 (LMC) 0 MC YTD Total: 0 YTD Total 0 b. Total No. Households served LMH 0 Total No. female head of household (LMH) 0 YTD Total 0 YTD Total 0 8. Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: (LMC) Quarter PRESUMED BENEFICIARY DATA ONLY LMC YTD Indicate the total number of UNDUPLICATED persons served this quarter who fall into each presumed benefit category (the total should equal the total in question 46a or 6b): Indicate the total number of UNDUPLICATED persons served since October 1 who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total uestion #6): a Presumed Benefit Activities Cot LMC QTR b Presumed Benefit Activities OnlyLMC YTD ELI 0 Abused Children ELI b 0 1 Abused Children ELI 0 Homeless Person ELI 0 Homeless Person ELI 0 Migrant Farm Workers LI 0 Migrant Farm Workers LI 0 Battered Spouses LI 0 Battered Spouses LI 0 Persons w/HIV/AIDS LI 0 Persons w/HIV/AIDS LI 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely Disabled Adults LI 0 Severely Disabled Adults LI 0 Quarter Total 0 YTD Total 8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficial Data: Income Range Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total uestion #6): in Indicate the total number of UNDUPLICATED persons served since October I (YTD) who fall into each income category (the total should equal the total in question #6): a ELI Extremely Low Income (0-30%) 0 b ELI Extremely Low Income (0-30"/0) 0 LI Low Income (31-50%) 0 LI Low Income 0 MOD Moderate Income (51-80%) 0 MOD Moderate Income (51-800/.) 0 NON- LIM Above Moderate Income (>80°/v) 0 NON- Lim Above Moderate Income (>80%) 0 Quarter Total 0 YTD Total 0 Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 34 �9 L9. Racial & Ethnic Data if applicable) Please indicate how many UNDUPLICATED clients served this Quarter 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 in question 6.question Please indicate how many UNDUPLICATED clients served since October (YTD) 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 in 6. a. RACE ETHNICITY /HISPANIC b. RACE ETHNICITY /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska Native 0 0 Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific Islander 0 0 Black/African American & White 0 0 Black/African American & White 0 0 American Indian/Alaska Native & 0 0 Black/African American American Indian/Alaska Native & 0 0 Black/African American Other Multi -racial 0 0 Other Multi -racial 0 0 0 0 0 0 Name: Signature: Title: Your typed name here represents your electronic signature Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 35 �9 O EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete form, and retain appropriate supporting documentation, to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names — All Household Members Relationship Age 1 2 3 4 5 6 7 8 0.00 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave blank. B(c) Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 36 G A. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Benefits / Public Other Salaries Pensions Assistance Income (include tips, Asset commissions, Income bonuses, and overtime) (Enter the 1 greater of 2 box B(b) or 3 box B(c), in above, 4 box C(e) 5 below) 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a) through C(c). 0.00 This amount is the Annual Anticipated Household Income. B. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. Uwe certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083. Signature of Head of Household Date Signature of Spouse or Co -Head of Household Date Adult Household Member (if applicable) Adult Household Member (if applicable) Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Date Date Page 37 G A. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s) constitme(s) a: ❑ Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/50t1i of the Very Low Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based upon the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or Ms/Her Designated Representative: Signature Printed Name B. Household Data Date Title Number of Persons By Race I Ethnicity B 1 Age CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 38 "9 Native American Hawaiian or 0 25 26110 41-61 62+ Indian Asian Black Other Pac. White Other Islander Hispanic Non - Hispanic NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 Page 38 "9 EXIMIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act Statute 215.97 requirements. Subrecipient Name First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DD/YY Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the 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. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we El understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title Capital Project Planning, Impact Fees & Program Management Division CD19-04 Naples Manor Infrastructure Improvements Phase 1 06/18 Page 39 FAIN # B -19 -UC -12-0016 Federal Award Date Est. 10/2019 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $90,000 Subrecipient Name Collier County Facilities and Management Division DUNS# 076997790 FEIN 99-9999999 R&D No Indirect Cost Rate No Period of Performance 10/01/2019-12/31/2020 Fiscal Year End 09/30 Monitor End: 12/2025 MEMORANDUM OF UNDERSTANDING (MOP BETWEEN COMMUNITY AND HUMAN SERVICES (CHS)DIVISION AND THE COLLIER COUNTY FACILITIES AND MANAGEMENT DIVISION THIS MEMORANDUM OF UNDERSTANDING is made and entered into this day of 20, by and between Community and Human Services (CHS) Division and Facilities and Management Division, both divisions of Collier County, a political subdivision of the State of Florida. WHEREAS, throughout this MOU all references of the term "SUBRECIPIENT" shall be Facilities and Management Division; and WHEREAS, the County has entered into an agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (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 2019-2020 for the CDBG Program with Resolution 2019- on June 25, 2019 — Agenda Item ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised the 2019/2020 Annual Action Plan, on May 24, 2019, with a 30 -day Citizen Comment period from May 24, 2019 to June 25, 2019; and Collier County Facilities and Management C014 10 Facility Improvements Page 1 WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, CHS and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking the CDBG CD19-10 Facility Improvements. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Facility Improvements Description of project and outcome: CHS, as administrator of the CDBG program, will make available CDBG funds up to the gross amount of $90,000.00 to Facilities Management to fund: Improvements to the Golden Gate Senior Center, located in Golden Gate City in Naples with the following; Costs associated with, but not limited to; Installation of additional office spaces, and retrofitting an existing one; updating the current Fire Suppression and Fire Alarm System; however, The project will be defined in the project plans, specification and schedule of values. 1.1 GRANT AND SPECIAL A. Within sixty (60) calendar days of the execution of this MOU, the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project, excluding Public Service projects. B. The following resolutions and policies must be submitted within sixty (60) days of this MOU: ❑ Affirmative Fair Housing Policy ® Affirmative Action/ Equal Opportunity Policy Conflict of Interest Policy ® Procurement Policy ❑ Uniform Relocation Act Policy Collier County Facilities and Management CD19-10 Facility Improvements Page 2 ® Sexual Harassment Policy ® Procedure for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12U.S.C. 794 1 u) ® Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) ® Fraud Policy C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of any reimbursement of funds under this MOU. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: CHS, as administrator of the CDBG program, will make $90,000 available CDBG funds up to the gross amount of $90,000.00 to Facilities Management to fund: Improvements to the Golden Gate Senior Center, located in Golden Gate City in Naples with the following: Costs associated with, but not limited to; Installation of additional office spaces, and retrofitting an existing one; updating the current Fire Suppression and Fire Alarm System; however, The project will be defined in the project plans, specification and schedule of values Total Federal Funds: $90,000 The Subrecipient will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ® Maintain and provide to CHS, as requested, beneficiary income certification documentation ® Maintain and provide National Objective Documentation ® Provide Quarterly Reports on National Objective and project progress ® Required attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS. ® Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation. ® Identify Lead Project Manager ® Provide Site Design and Specifications ® Comply with Davis Bacon Labor Standards ® Comply with Section 3 and maintain documentation ® Provide certified payroll weekly throughout construction and rehabilitation Collier County Facilities and Management CD19-10 Facility Improvements Page 3 ❑ Comply with Uniform Relocation Act (URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ® Ensure the applicable affordability period for the project is met B. National Objective The CDBG program funds awarded to Collier County must benefit low -moderate income persons (LMI). As such the Subrecipient shall be responsible for ensuring that all activities and beneficiaries meet the definition of: ® LMA — Low/Mod Area Benefit ❑ LMC — Low/Mod Clientele Benefit ❑ LMH—Low/Mod Housing Benefit ❑ LMJ—Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons based on HUD determined eligible census tracts. Failure to achieve the national objective under this MOU will require repayment of the CDBG investment under this MOU. LMC: Must document that at least 51 percent of persons served, are low to moderate income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this MOU will require repayment of the CDBG investment under this MOU. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must have at least 51 percent occupied by LMI households and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this MOU will require repayment of the CDBG investment under this MOU. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this MOU will require repayment of the CDBG investment under this MOU. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this MOU Within sixty (60) days of MOU (Section 1.1) execution Insurance Insurance Certificate Within 30 days of MOU execution and Annually within thirty 30 da s of renewal Detailed Project Schedule Project Schedule Within sixty (60) days of MOU execution Project Plans and Specifications Site Plans and Specifications Prior to procurement Collier County Facilities and Management CD19-10 Facility Improvements Page 4 Subcontractor Log Subcontractor Log Initially at construction start, Project Component 1: CHS, as Submission of supporting documents and uarterl thereafter Submission of Progress Report Exhibit C Quarterly within 10 days program, will make available by, invoice, canceled checks or banking following the end of the quarter. CDBG funds up to the gross documents, completed AIA 6702-1992 Final report due 60 days after amount of $90,000.00 to Facilities form, or equivalent document per agreement ends Section 3 Report Quarterly report of new hire Quarterly; within 10 days Improvements to the Golden Gate information following the end of the quarter. Senior Center, located in Golden additional documents as needed. Annually after closeout. Davis -Bacon Act Certified Weekly Certified Payroll Within 21 days of receipt Payroll reports, forms and supporting but not limited to; Installation of documentation Financial and Compliance Audit Audit, Management Letter and Nine (9) months after FY end retrofitting an existing one; Exhibit E for Single Audit OR one updating the current Fire hundred eighty (180) days after Suppression and Fire Alarm The remaining 10% of the award or FY end Continued Use Certification Continued Use Affidavit, if Annually; for five (5) years after The project will be defined in the applicable meeting the National Objective Revenue Plan for maintenance Plan approved by CHS Initial Plan due after completion and Capital Reserve For clarity, the County will not withhold of construction. Annually; 10% on each payment, rather, the last through the period of continued use Program Income Reuse Plan Plan Approved by CHS N/A D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: CHS, as Submission of supporting documents Submission of administrator of the CDBG must be provided as backup as evidenced monthly invoices. program, will make available by, invoice, canceled checks or banking CDBG funds up to the gross documents, completed AIA 6702-1992 amount of $90,000.00 to Facilities form, or equivalent document per Management to fund: Improvements to the Golden Gate contractor's Schedule of Values and any Senior Center, located in Golden additional documents as needed. Gate City in Naples with the following: Costs associated with, The County will pay up to 90% of the but not limited to; Installation of total grant award or project costs additional office spaces, and whichever is lower upon proof of proper retrofitting an existing one; payment. updating the current Fire Suppression and Fire Alarm The remaining 10% of the award or Following close out System; however, project costs will be released upon final monitoring The project will be defined in the monitoring clearance and meeting a project plans, specification and National Objective schedule of values For clarity, the County will not withhold 10% on each payment, rather, the last Collier County Facilities and Management CD19-10 9 Facility Improvements Page 5 10% will only be paid as previously specified Final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. Failure by the subrecipient to achieve the National Objective will require repayment of the CDBG investment under this MOU. 1.3 PERIOD OF PERFORMANCE Services of the Subrecipient shall start on October 1, 2019 and shall end on December 31, 2020. 1.4 MOU AMOUNT CHS agrees to make available (Ninety Thousand) Dollars ($90,000.00) for use by the SUBRECIPIENT, during the term of the MOU (hereinafter, shall be referred to as the "Funds"). Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and does not signify a change in scope. Fund shifts that exceed 10 percent of the MOU amount shall only be made with Board approval. The County shall reimburse the SUBRECIPIENT for the performance of this MOU upon completion or partial completion of the work tasks, as accepted and approved by CHS. 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 the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the tern of this MOU. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations may 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 MOU. Final invoices are due no later than 90 days after the end of the MOU. Work performed during the term of the program but not invoiced within 90 days after the end of the MOU may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this MOU for a period of up to 180 days after the end of the MOU. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements. Except where disputed for noncompliance, Collier County Facilities and Management CD19-10 Facility Improvements Page 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." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section (Section 1.5 -Cost Principles) of this MOU, SUBRECIPIENT is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E -Cost Principles. A Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart E and may impose requirements upon the Developer, in order for the COUNTY to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this MOU. 1.6 NOTICES Notices required by this MOU shall be in writing and delivered via mail (postage prepaid), commercial courier, 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 MOU shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. CHS ATTENTION: Rose Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Rosa.Munozna colliercountyfl.Iz Telephone: (239) 252-5713 SUBRECIPIENT ATTENTION Miguel Carballo, Facilities Manager John McCormick, Principal Engineer 3335 Tamiami Trail East Naples, Florida 34112 Email: Miguel.Carballo@colliercountyG.gov colliercountvfl.eov John.McCorinick@CollierCountyfl.gov Telephone: (239) 252-8380/8247 Collier County Facilities and Management CD39-10 Facility Improvements Page 7 � r PART H GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as CHS (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 MOU for review, inspection or audit. Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current GRANTEE policy concerning SUBRECIPIENT audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F -Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to determine compliance with the requirements of this MOU, the CDBG Program, and all other applicable laws and regulations. This documentation shall include, but is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by CHS in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this MOU shall be made available to CHS, by the SUBRECIPIENT, at any time, upon request by CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this MOU, 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 MOU. Collier County Facilities and Management - CollityI Facility Improvements Page 8 � f D. Upon completion of all work contemplated under this MOU, copies of all documents and records relating to this MOU shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333, with the following exception: if any litigation, claim, or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. CHS shall be informed, in writing, if an agency ceases to exist after closeout of this MOU of the address where the records are to be kept, as outlined in 2 CFR 200.336. The SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to CHS, 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 CHS in a format that is compatible with the information technology systems of CHS. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 1199 FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329 Michael.Cox6i�colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of 1931, 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. F. 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 CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. 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 570.208, income certification, and written agreements with beneficiaries, where applicable. Collier County Facilities and Management CD19-10 Facility Improvements Page 9 CAD H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that CHS would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes 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 2 CFR 200.336 and 2 CFR 200.337. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to CHS no later than nine (9) months after the Single Audit (or one hundred eighty (180) days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end. CHS will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At CHS's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this MOU is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. CHS will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards, as stated, with all other applicable laws, regulations, and policies governing the funds provided under this MOU further defined by 2 CFR 200.331. Substandard performance, as determined by CHS, will constitute noncompliance with this MOU. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by CHS, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, CHS, or the County's internal auditors) access to all records related to performance of activities in this MOU. 2.4 PREVENTION OF FRAUD AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this MOU and to provide for the proper and effective management of all Program and Fiscal activities of the MOU. SUBRECIPIENT's internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by CHS. Collier County Facilities and Management C019-10 C..� Facility Improvements Page 10 SUBRECIPIENT shall provide CHS with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of the MOU. SUBRECIPIENT shall fully cooperate with CHS's efforts to detect, investigate, and prevent waste, fraud, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this MOU, or of any law or regulation to CHS or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce County Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: Initial non-compliance may result in Findings or Concerns being issued to the SUBRECIPIENT, which will require a corrective action plan be submitted to CHS within 15 days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, in order to correct the non-compliance issue. 2. If in the case SUBRECIPIENT fails to submitthe corrective action plan in a timely manner to CHS, CHS may require a portion of the awarded grant amount be returned to the County. CHS may require upwards of five percent (5%) of the award amount be returned to the County, at the discretion of the Board of County Commissioners. The entity may be denied future consideration as set forth in Resolution No. 2013-228. If in the case SUBRECIPIENT continues to fail to correct the outstanding issue or repeats an issue that was previously corrected and has been informed by CHS of their substantial non-compliance by certified mail; CHS may require a portion of Collier County Facilities and Management CD19-10 Facility Improvements Page 11 U the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, be returned to the County. • CHS may require upwards of ten percent (10%) of the award amount be returned to the County, at the discretion of the Board of County Commissioners. • The SUBRECIPIENT will be considered in violation of Resolution No. 2013- 228. 4. If in the case, after repeated notification, SUBRECIPIENT continues to be substantially non-compliant, CHS may recommend the contract or award be terminated. • CHS will make a recommendation to the Board of County Commissioners to immediately terminate the MOU. The SUBRECIPIENT will be required to repay all funds disbursed by CHS for the project that was terminated. This includes the amount invested by the County for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If in the case SUBRECIPIENT has multiple MOUS with CHS, and is found to be non-compliant, the above sanctions may be imposed across all awards at the BCC's discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this MOU, and on the resolution of monitoring findings identified pursuant to this MOU, as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to CHS on the 10th 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 including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "C". Exhibit "C" contains an example reporting form to be used in fulfillment of this requirement. Other repotting requirements may be required by the County Manager or 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 MOU. Collier County Facilities and Management CD19-10 Facility Improvements Page 12 E9 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this MOU may be assigned or subcontracted without the written consent of CHS, which consent, if given at all, shall be at CHS's sole discretion and judgment. 3.2 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; (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the SUBRECIPIENT is required to follow federal procurement; and (4) for Developers, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the funds provided under this MOU. The SUBRECIPIENT further agrees to utilize funds available under this MOU to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this MOU 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 MOU. CHS 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. 3.4 AMENDMENTS CHS or SUBRECIPIENT may amend this MOU, at any time, provided that such amendments make specific reference to this MOU, and are executed in writing, signed by a duly authorized representative of each organization, and approved by CHS'S governing body. Such amendments shall not invalidate this MOU, nor relieve or release CHS or SUBRECIPIENT from its obligations under this MOU. CHS may, in its discretion, amend this MOU 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 Collier County Facilities and Management CD19 10 Facility Improvements Page 13 .a part of this MOU, such modifications will be incorporated only by written amendment, signed by both CHS and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS 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 the County and HUD governing CDBG finds pertaining to this MOU. In the event of curtailment or non -production of said federal funds, or the reduction of funds awarded by HUD to Collier County, to a level, determined by the County Manager, to be insufficient to adequately administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the fiords will not be available, In either event, CHS may terminate this MOU, 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 CHS, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this MOU, and CHS shall be released fi•om any further liability to SUBRECIPIENT under the tuns of this MOU. 3.6 INDEMNIFICATION -NOT APPLICABLE To the maximum extent permitted by Florida law, the SUBRECRIENT shall indemnify and hold harmless CHS, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes ofaction 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 MOU. This indemnification obligation shall not be construed to negate, abridge, or reduce any otherrights or remedies, which otherwise may be availableto 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 CHS and shall pay all costs (including attorney's fees) and judgments which may issue there -on. This Indemnification shall survive the termination and/or expiration of this MOU. This section does not pertain to any incident arising from the sole negligence of CHS. 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 MOU. 3.7 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 Collier County Facilities and Management C019-10 Facility Improvements Page 14 part of this MOU, such modifications will be incorporated only by written amendment, signed by both CHS and SUBRECfPIENT. 3.5 AVAILABILITY OF FUNDS 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 the County and HUD governing CDBG funds pertaining to this MOU. In the event of curtailment or non -production of said federal funds, or the reduction of funds awarded by HUD to Collier County, to a level, determined by the County Manager, to be insufficient to adequately administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In either event, CHS may terminate this MOU, 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 CHS, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this MOU, and CHS shall be released from any further liability to SUBRECIPIENT under the terms of this MOU. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless CHS, 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 MOU. 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 parry 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 CHS and shall pay all costs (including attorney's fees) and judgments which may issue there -on. This hidemnificafion shall survive the termination and/or expiration of this MOU. This section does not pertain to any incident arising from the sole negligence of CHS. 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 MOU. 3.7 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 Collier County Facilities and Management CD19-10 Facility Improvements Page 14 Ca public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" 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. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.339, this MOU may also be terminated for convenience by either CHS 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, CHS determines that the remaining portion of the award will not accomplish the purpose for which the award was made, CHS may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shalt constitute a Default under this MOU: A. 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. B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this MOU. C. Ineffective or improper use of funds provided under this MOU. D. Submission by the SUBRECIPIENT to CHS reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification. F. Failure to materially comply with any terms of this MOU. G. Failure to materially comply with the terms of any other MOU between CHS and the SUBRECIPIENT relating to the project. Collier County Facilities and Management CD19-10 Facility Improvements Page 15 G� In the event of any default by SUBRECIPIENT under this MOU, CHS may seek any combination of one or more of the following remedies: A. Require specific performance of the MOU, in whole or in part. B. Require the use of, or change in, professional property management. C. Require immediate repayment by SUBRECIPIENT to CHS of all CDBG funds that SUBRECIPIENT has received under this MOU. D. Apply sanctions, if determined by CHS to be applicable. E. Stop all payments, until identified deficiencies are corrected. F. Terminate this MOU by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the MOU is terminated by CHS, as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this MOU. 3.9 REVERSION OF ASSETS In the event of a termination of this MOU and in addition to any and all other remedies available to CHS (whether under this MOU, or at law, or in equity), the SUBRECIPIENT shall immediately transfer to CHS any property 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). CHS's receipt of any funds on hand at the time of termination shall not waive CHS's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as CHS may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this MOU until all insurance required, as outlined in Exhibit "A" and 2 CFR 200.310, has been obtained, and said insurance shall be carried, at all times, during SUBRECIPIENT's performance under the MOU. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant (24 CFR 570 et seq.). Collier County Facilities and Management CD19-10 Facility Improvements Page 16 (.i 3.12 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through .326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Range: Competition Required $0-$3,000 Single Quote with documentation $3,000 - $50,000 3 Written Quotes $50,000+ Formal Solicitation (ITB, RFP, etc.) All improvements specified in Part 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 contracts for improvements with the lowest, responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.13 PROGRAM GENERATED INCOME No Program Income is anticipated. In the event Program Income is derived from the use of CDBG funds disbursed under this MOU, such Program Income shall be utilized by the SUBRECIPIENT for CDBG-eligible activities, approved by CHS. 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 CHS through an annual program income re -use plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When program income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revertto CHS's Community Block Grant Program, for further reallocation. Public Facilities and Improvements: Public facilities that are acquired, constructed, rehabilitated, or otherwise improved with CDBG funds are subject to this requirement. This includes parks, libraries, community centers, and any other facility whose primary purpose is a public one. For these facilities, program income is the income generated by the use of the facility, less the operating costs associated with generating the income. CHS considers utilities, property insurance, and facility maintenance to be operating costs that should be subtracted from revenue to determine net program income. For each funded project, the SUBRECIPIENT must submit for CHS's approval a list of proposed costs incidental to the generation of the program income. Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved, in whole or in part, with CDBG funds shall be used to meet one of the CDBG National Objectives Collier County Facilities and Management CD19-10 Facility Improvements Page 17 pursuant to 24 CFR 570.208, during the continued use period, as referenced in section 3.14 (Grant Closeout Procedures) of this MOU. If the SUBRECIPIENT sells, transfer, disposes of, or otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG National Objective, the SUBRECIPIENT shall pay CHS an amount equal to a percentage of the current fair market value of the property, after subtracting disposal costs. Such percentage shall have as its basis, the percentage of the appraised value attributable to CDBG and non-CDBG funds expended for the original acquisition of, or improvement to, the property under the terms of this MOU. Such payment shall constitute program income to CHS. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to CHS shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with CHS after the five (5) year continued use period has been met (for public services; "after the expiration of the MOU"). The continued use period shall commence with the later of the Subrecipient meeting the National Objective or the recording of lien and/or deed restriction documentation). Activities during this closeout period shall include, but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to CHS), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, 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 that have been advanced or paid must be returned to CHS. Any funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this MOU must be refunded to CHS. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343. 3.15 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 MOU on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, CHS shall have the right to terminate this MOU. 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. ■ Collier County Facilities and Management CD19-10 Facility Improvements Page 18 O U 3.16 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 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. 3.17 PROGRAM BENEFICIARIES At least 51 percent of the beneficiaries of a project funded through this MOU must be low- and moderate- income persons or presumed to be low- to moderate- income persons based on applicable regulation, if the MOU is meeting a national objective through a LMI strategy. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than 30 percent of the beneficiaries directly assisted under this MOU 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 "C" of this MOU. 3.15 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out, pursuant to CHS's specifications, an Affirmative Action Program, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. CHS 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 Affirmative Action will need to be updated throughout the continued use period and must be submitted to CHS within 30 days of update/modification. 3.19 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 MOU, and that no person having any conflict of interest shall be employed by or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that Collier County Facilities and Management CD19-10 Facility Improvements Page 19 U it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. The SUBRECIPIENT will notify CHS, in writing, and seek CHS 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. CHS may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in CHS'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, its employees, or its contractors shall be disclosed, in writing, to CHS 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. 3.20 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 cany out its mission, including the definition, practice, and expression of its religious beliefs, provided 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. Collier County Facilities and Management CD19-10 Facility Improvements Page 20 UI, 3.21 INCIDENT REPORTING If services to clients are to be provided under this MOU, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to CHS. 3.22 SEVERABILITY Should any provision of the MOU be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. Collier County Facilities and Management CD19-10 Facility Improvements Page 21 GQ) PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https•//www ecfr gov/cgi-bin/text-idxvtRl=/ecfrbrowse/Title24/24efr570 main 02.tp1 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https•//www ecfr gov/cizi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr58 main 02.1pl 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended https•//portal hud gov/hudportaUHUD?src--/program offices/fair housing equal opp/FHLaws/10 9 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. http //www hud gov/offices/fheo/library/huddoistatement pdfhttpsUwww.hud.gov/program offic es/fair housing equal opp/ReasonableAccommodationsl5 Executive Order 11063—Equal Opportunity in Housing hLtps://www.bud.gov/program offices/fair housing equal opp/FHLaws/EX011063 Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https•//www archives gov/federal-register/codification/executive-order/12259.htmi 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. IMs://www.law.comell.edu/cfr/text/24/Xart-I 07 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended https://www.hud.g,ov/prop,ramdescription/title6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https•//www gpo gov/fdVs/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- 602.pdf 4.7 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. EO 11246: hns://www.hud.gov/prouam offices/fair housing equal opp/FHLaws/EX011246 EO 11375 and 12086: see item #8 below Collier County Facilities and Management CD19-10 Facility Improvements Page 22 4.8 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. https://www.hud.gov/programdescription/title6 4.9 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 ofthis MOU, shall be a condition of the Federal financial assistance provided under this MOU and binding upon CHS, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements shall subject CHS, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients 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 MOU: "The work to be performed under this MOU 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." 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. Collier County Facilities and Management CD19-10 Facility Improvements. Page 23 ,y bnps://www.hud.gov/sites/documents/DOC 12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https•//www ecfr gov/cgi-bin/text-idx?c=ecfr&ipl=/ecfrbrowse/Title24/24cfrl35 main 02.tpl 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.hud.gov/proum offices/fair housing equal opp/FHLaws/109 https://portal hud gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/E X011063 11246: https://www.dol.gov/ofccp/rcgs/statutes/col 1246.htm 11375: Amended by EO 11478 11478: https://www archives gov/federal-register/codification/executive-order/11478.html 12107: https•//www archives gov/federal-register/codification/exccutive-order/12107.html 12086: https•//www archives gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https•//www.dol.gov/whd/reds/statutes/safeO Lpdf 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: httl2s://www.epa.gov/civilrights/sec504.htm 29 USC 776: https:Hlaw.onecle.com/uscode/29/776.html 24 CFR 570.614: https•//www.law.comell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https•//www fhwa dot ovg /real estate/uniform actlindex.cfm 4.15 29 CFR Parts 3 and 5 - Regulations that 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). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States https://www.law.comell.edu/cfr/textt29/part-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) Collier County Facilities and Management CD19-10 Facility Improvements Page 24 (9 https://www.law.comell.edu/cfr/text/29/Tart-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. htips://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 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. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. h_ptt s•//www archives gov/federal-register/codification/executive-order/I1625.html 4.17 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. 24 CFR 570.607: h_ptt s•//www gpo pov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24- vol3-sec570-608.pdf E.O. 13279: h!tp://www.fedgoycontracts.com/pe02-96.htm 4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988. hLtps://www.nebi.nlm.nih.gov/pubmed/12289709 4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. hitps•//www ecfrgov/cgi-bin/text-idx?ipl=/ecfrbrowse/Title02/2efr200 main 02.1pl 4.20 Immigration Reform and Control Act of 1986 https://www.ceoc.gov/eeoc/histoi-Y/35th/thelaw/irca.html 4.21 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. Florida Statutes- h_ptt s•//www lawserver com/law/state/florida/statutes/florida statutes chapter 112 part iii Collier County- http://www.colliergov.netthome/showdocument?id=35137 4.22 Order of Precedence- In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the MOU shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the MOU. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application Collier County Facilities and Management Ca19—le Facility Improvements Page 25 it 9 of the Supplemental Conditions, if any, or the MOU, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.23 Venue -Any suit of action brought by either party to this MOU against the other party, relating to or arising out of this MOU, must be brought in the appropriate federal or state courts, in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this MOU 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 CHS's staff person who would make the presentation of any settlement reached during negotiations to the County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this MOU, 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 MOU shall be adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS MOU, 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 MOU. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.25 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. hl!ps://www.law.comell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.law.comell.edu/uscode/text/33/chgpter-26 4.26 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. https://www.law.comell.edu/cfr/text/24/570.605 4,27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. https•//www gpo. og v/fdsts/granule/CFR- 2000-title24-vol3/CFR-2000-title24-vol3-sec570-608-id 163 Collier County Facilities and Management C019-10 Facility Improvements Page 26 9 4.28 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 MOU. ht!ps://www n lis gov/history/local-law/nhpal966 htm hftps://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800 main 02.tp1 In general, this requires concurrence fiom the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State or Local historic property list. hftps://www.nps.izoV/histoEL/local-law/nhpal966.htm 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). bLtps://www.gpo.gov/fdsys/granulc/USCODE-2009-title4 I /USCODE-2009-title4 1 -chap] 0- sec701 4.30 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. hiips://www.law.comell.edu/cfr/text/24/570.609 4.31 The SUBRECB'IENT 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. These requirements are enumerated in 2 CFR 200, et seq. 4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to CHS nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to CHS one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.344, if this MOU is closed out prior to the receipt of an audit report, CHS reserves the right to recover any disallowed costs identified in an audit after such closeout. littps://www. ecfr. gov/cgi-bin/text- idx?SID=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8 4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by CHS 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 Collier County Facilities and Management CD19-10 Facility Improvements Page 27 Y provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within 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. https•//www gpo gov/fdsys/prranule/CFR-1999-title49-voll/CFR-1999-title49-voll-sec24-101 h_ptt s•//www gpo gov/fdsys/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505 4.34 As provided in § 287.133, Florida Statutes, by entering into this MOU 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. http://www.leiz.state.fl.us/Statutes/index.efin?App mode=Display Statute&Search Stringy&UR L=0200-0299/0287/Sections/0287.133.htm1 4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. https://www.gsa.gov/portal/contentli 04877 4.37 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.izovregs.com/regulations/exi2and/title24 part5 subpar(A section5.106 4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall Collier County Facilities and Management CD19-10 Facility Improvements Page 28 O7 be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. hMs://www.ecfr.gov/cgi-bin/text idx?SID=e339ece9fdfdl479cab67e85Oc7cddd4&node=24:2.1.1.2.10.4&rgn--div6 hftps://www.law.comell.edu/cfr/text/24/5.1 11 4.39 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. hLtps•//www federalregister gov/documents/2016/11/16/2016-25888/violence-aizainst-women- reauthorization-act-of-2013-implementation-in-hud-housing-programs 4.40 Any rule or regulation determined to be applicable by HUD. 4.41 Florida Statutes 713.20, Part 1, Construction Liens https://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700- 0799/0713/0713.html 4.42 Florida Statutes 119.021 Records Retention http://www.leg.state.fl.us/Stattites/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.021.htm1 4.43 Florida Statutes, 119.071, Contracts and Public Records hftp://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.021.html (Signature Page to Follow) Collier County Facilities and Management CD19-10 Facility Improvements Page 29 ,ate IN WITNESS WHEREOF, the SUBRECIPIENT and CHS, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. COMMUNITY AND HUMAN SERVICES DIVISION (CHS) IM KRISTI SONNTAG, DIVISION DIRECTOR Date: COLLIER COUNTY PUBLIC SERVICES DEPARTMENT By: STEVE CARNELL, DEPARTMENT HEAD COLLIER COUNTY FACILITIES AND MANAGEMENT DIVISION By: DAMON GRANT, DIVISION DIRECTOR COLLIER COUNTY FACILITIES AND MANAGEMENT DEPARTMENT M G. GEORGE YILMAZ, DEPARTMENT HEAD Date: Approved as to form and legality: By: Jenni . Belpedio (� IICI Assistant County Atto y (�U S I`3 Collier County Facilities and Management CD19-10 Facility Improvements Page 30 PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: I . Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in I — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT 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 Collier County Facilities and Management CD19-10 Facility Improvements Page 31 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 than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 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 hrsurance 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. Collier County Facilities and Management CD19—m 0 Facility Improvements Page 32 CP EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Collier County Facilities & Management Division Subrecipient Address: 3335 Tamiami Trail East Naples FL 34112 Project Name: Facility Improvements Project No: CD19-10 IDIS# Payment Request # Total Payment Minus Retainage Period of Availability: 10/1/19 through 12/31/20 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Submitted on this Account 3. Total Grant Amount Awarded Less Stun of Past Claims Submitted on this Account 4. Amount of Today's Request 5. 10% Retainage Amount Withheld (if applicable) $ 6. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ I certify that this request for payment has been made in accordance with the terms and conditions of the MOU between CHS and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Division Director (Approval required $15,000 and above) (Approval Required $15,000 and above) Collier County Facilities and Management CD19-10 Facility Improvements Page 33 GQ' EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA GENERAL -Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance Reports. The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Agency Name: Collier County Facilities & Management Date: Division Project Title: Facility Improvements IDIS #: Program Contact: Miguel Carballo, Facilities Manager Telephone Number: 239-252-8380 Activity Reporting ortin Period Report Due Date October I"— December 31" January 10' January Ist—March 315` Aril 10' April Is' — June 30" Jul 10`" July 1st—September 30' October 10" REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/19 3/31/20 6/30/20 9/30/20 Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly re ort must include cumulative data be innin from the start of the program year October 1, 2019. 01. Please list the outcome goal(s) from your approved application and subrecipient agreement and indicate your progress in meetingthose goals since October 1, 2019. for this eriod? a. Outcome Goals: list the outcome goal(s) from your approved a lication and subreci ient agreement Section 108 Loan Guarantee $ CDBG Outcome 1: Complete improvement activities. Other Consolidated Plan Funds $ Outcome 2: Document that at least 51% of persons served are low to moderate income to meet a CDBG LMI/LMA National Objective via Census Track documentation $ Outcome 3: ESG b. Goal Progress: Indicate the progress to date in meeting each outcome goal. $ HOPWA Outcome l: $ Outcome 2: $ Outcome 3: 2. Is this project still in compliance with the original project schedule: Yes No If No, Explain: 3. Since October 1, 2019; of the persons assisted, how many... Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing) to this service or benefit? 0. b, I ...now have 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 ndin sources did the subreci fent a 1 for this eriod? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement Funds $ Collier County Facilities and Management CD19-10 Facility Improvements Page 34 U 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/etbnicity, and income data are reported by persons. For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the number of persons in the household. 7. a. Total No. Persons/Adults served 0 Total No. persons served under 18 (LMC) 0 LMC b. Total No. Households served LMH 0 Total No. female head of household (LMH) 0 Quarter Total No. of Persons 0 Quarter Total No. of Persons 0 Indicate the total number of UNDUPLICATED persons served since October 1 who fall into each presumed benefit category (the total should equal the total in u tion 96a or 6b): Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total uestion #6 a Presumed Benefit Activifies Onl LMC QTR b. Total No. of Households served 0 Total No. of female head of household (LMH) 0 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or fib, NOT both For LMC activities: race/efi nici and income data are reported by persons. 7. a. Total No. Persons/Adults served 0 Total No Persons served under 18 (LMC) 0 LMC YTD Total: 0 YTD Total 0 b. Total No. Households served LMH 0 Total No. female head of household (LMH) 0 YTD Total 0 YTD Total 0 8. Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: CL—MC)Quarter PRESUMED BENEFICIARY DATA ONLY MC YTD Indicate the total number of UNDUPLICATED persons served thisucuaartor who fall into each presumed benefit category (the total should equal the total in question #6a or 6b : Indicate the total number of UNDUPLICATED persons served since October 1 who fall into each presumed benefit category (the total should equal the total in u tion 96a or 6b): Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total uestion #6 a Presumed Benefit Activifies Onl LMC QTR b Presumed Benefit Activities Only LMC YTD ELI 0 Abused Children ELI 0 0 Abused Children ELI 0 Homeless Person ELI 0 Homeless Person ELI 0 Migrant Farm Workers LI 0 Migrant Farm Workers LI 0 Battered Spouses LI 0 Battered Spouses LI 0 Persons w/HIV/AIDS LI 0 Persons w/HIV/AIDS LI 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI Moderate Income (51 -80%) 0 Severely Disabled LI Adults M OD 0 Severely Disabled Adults LI - 0 Quarter Total 0 YTD Total 8. Com Tete question 8a and 8b if any client in our ro am does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total uestion #6 in Indicate the total number of UNDUPLICATED persons served since October 1 (YTD) who fall into each income category (the total should equal the total in question #6): a ELI Extremely Low Income (0-30%) 0 b ELI Extremely Low Income (0-30%) 0 LI Low Income (31-50%) 0 LI Low Income 0 MOD Moderate Income (51 -80%) 0 M OD Moderate Income (51-80%) 0 NON- LII Above Moderate Income (>80%) 0 NON- L/M Above Moderate Income (>80%) 0 Quarter Total 0 YTD Total 0 Collier County Facilities and Management CD19-10 Facility Improvements Page 35 F9. Racial & Ethnic Data if applicable) Please indicate how many UNDUPLICATED clients served this Quarter 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 to in uestton 6, Please indicate how many UNDUPLICATED clients served since October (YTD) 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 in question 6. a. RACE ETHNICITY /HISPANIC b. RACE ETHNICITY /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0. American Indian/Alaska Native 0 0 Native Hawanan/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific Islander 0 0 Black/African American & White 0 0 Black/African American & White 0 0 American Indian/Alaska Native & 0 0 Black/African American American Indian/Alaska Native & 0 0 Black/African American Other Multi -racial 0 0 Other Multi -racial 0 0 0 0 0 0 Name: Signature: Title: Your typed name here represents Your electronic sil?nature Collier County Facilities and Management CD19-10 Facility Improvements Page 36 U EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete form, and retain appropriate supporting documentation, to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names —All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave blank. B Collier County Facilities and Management CD19-30 Page 37 Facility Improvements (� A. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Benefits / Public Other Salaries Pensions Assistance Income (include tips, Asset commissions, Income bonuses, and overtime) (Enter the I greater of 2 box B(b) or box B(c), 3 above, in 4 box C(e) 5 below) 6 7 8 Totals (a) (b) (c) (d) (c) 0.00 0.00 0.00 0.00 Enter total of items C(a) through C(e). 0.00 This amount is the Annual Anticipated Household Income. B. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. Uwe certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083. Signature of Head of Household Signature of Spouse or Co -Head of Household Adult Household Member (if applicable) Adult Household Member (if applicable) Date Date Date Date Collier County Facilities and Management CD19-10 Facility Improvements Page 38 U A. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s) constitme(s) a: ❑ Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/50`s of the Very Low Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined bythe U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based upon the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Printed Name B. Household Data Date Title Number of Persons By Race / Ethnicity B Age Native American Hawaiian or 0-25 26-40 41-61 62+ Indian Asian Black Other Pac. White Other Islander Hispanic Non - Hispanic NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. Collier County Facilities and Management CD19-10 d Facility Improvements Page 39 U EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by established by 2 CFR Part 200, Subpart F —Audit Requirements. This form may be used to monitor Florida Single Audit Act Statute 215.97 requirements. Subrecipient Name Collier County Facilities and Management Division First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DD/YY Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has ❑ been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the. audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the 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. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we ❑ understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/18 Collier County Facilities and Management CD19-10 Facility Improvements Page 40 U FAIN # B -19 -UC -12-0016 Federal Award Date Est. 10/2019 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $182,217.00 Subrecipient Name The Shelter for Abused Women & Children, Inc. The Shelter DUNS# 836680769 FEIN 59-2752895 R&D No Indirect Cost Rate No Period of Performance 10/01/2019-12/31/2020 Fiscal Year End 6/30 Monitor End: 12/2025 AGREEMENT BETWEEN COLLIER COUNTY AND THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. THIS AGREEMENT is made and entered into this day of _20 , by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and The Shelter for Abused Women & Children, Inc. (The Shelter), ("SUBRECIPIENT"), having its principal office at P.O. Box 10102, Naples, FL, 34101. WHEREAS, the County has entered into an agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (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 2019-2020 for the CDBG Program with Resolution 2019- on June 25, 2019 — Agenda Item ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised the 2019/2020 Annual Action Plan, on May 24, 2019, with a 30 -day Citizen Comment period from May 24, 2019 to June 25, 2019; and WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 1 WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking the CDBG CD19-06 Shelter Restroom Rehabilitation. NOW, THEREFORE; in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Shelter Restroom Rehabilitation Description of project and outcome: CHS, as an administrator of the CDBG program, will make available FY2019-2020 CDBG funds up to the gross amount of $182,217.00 to Shelter for Abused Women & Children, Inc. (SAWCC) to fund: Costs associated with but not limited to; permitting, design, rehabilitation, construction and renovation of shelter restrooms The property will be deed restricted for five (5) years commencing on the date of initially meeting one of the National Objectives, in accordance with 24 CFR 570.505, if applicable. 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this agreement, the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project, excluding Public Service projects. B. The following resolutions and policies must be submitted within sixty (60) days of this agreement ® Affirmative Fair Housing Policy Affirmative Action/ Equal Opportunity Policy Conflict of Interest Policy Procurement Policy ® Uniform Relocation Act Policy Sexual Harassment Policy The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 2 ® Procedure for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12U.S.C. 794 1 u) Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) Fraud Policy C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of any reimbursement of funds under this Agreement. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description I Federal Amount Project Component 1: Rehabilitation and associated activities for restrooms at the Shelter $182,217.00 Total Federal Funds: $182,217.00 The Subrecipient will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ® Maintain and provide to the County, as requested, beneficiary income certification documentation ® Maintain and provide National Objective Documentation ® Provide Quarterly Reports on National Objective and project progress ® Required attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS. Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation. ® Identify Lead Project Manager ® Provide Site Design and Specifications ® Comply with Davis Bacon Labor Standards ® Comply with Section 3 and maintain documentation ® Provide certified payroll weekly throughout construction and rehabilitation ® Comply with Uniform Relocation Act (URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ® Ensure the applicable affordability period for the project is met B. National Objective The Shelter for Abused Women & Children, Inc. O CD19-06 9� Restroom Rehabilitation Page 3 The CDBG program funds awarded to Collier County must benefit low -moderate income persons (LMI). As such the Subrecipient shall be responsible for ensuring that all activities and beneficiaries meet the definition of: ❑ LMA — Low/Mod Area Benefit LMC — Low/Mod Clientele Benefit ❑ LMH — Low/Mod Housing Benefit ❑ LMJ—Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons based on HUD determined eligible census tracts. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMC: Must document that at least 51 percent of persons served, are low to moderate income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must have at least 51 percent occupied by LMI households and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section LI agreement agreement execution Insurance Insurance Certificate Within 30 days of agreement execution and Annually within thirty 30) days of renewal Detailed Project Schedule Project Schedule Within sixty (60) days of agreement execution Project Plans and Specifications Site Plans and Specifications Prior to procurement Subcontractor Log Subcontractor Log Initially at construction start, and uarterl thereafter Submission of Progress Report Exhibit C Quarterly within 10 days following the end of the quarter. Final report due 60 days after agreement ends The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 4 �_ Section 3 Report Quarterly report of new hire Quarterly Project Component 1: CHS, as an information Submission of Davis -Bacon Act Certified Weekly Certified Payroll Within 21 days of receipt Payroll reports, forms and supporting FY2019-2020 CDBG funds up to documentation Financial and Compliance Audit Audit, Management Letter and Annually: nine (9) months after to Shelter for Abused Women & Exhibit E FY end for Single Audit OR one Children, Inc. (SAWCC) to fund: additional documents as needed. hundred eighty (180) days after Costs associated with but not The County will pay up to 90% of the FY end Continued Use Certification Continued Use Affidavit, if Annually; for five (5) years after rehabilitation, construction and applicable meeting the National Objective Revenue Plan for maintenance Plan approved by the County Initial Plan due after completion and Capital Reserve The remaining 10% of the award or of construction. Annually; project costs will be released upon final through the period of continued monitoring clearance and meeting a use Program Income Reuse Plan Plan Approved by the County Annually until 2025 D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: CHS, as an Submission of supporting documents Submission of administrator of the CDBG must be provided as backup, as evidenced monthly invoices program, will make available by invoice, canceled checks or banking FY2019-2020 CDBG funds up to documents, completed AIA G702-1992 the gross amount of $182,217.00 form, or equivalent document per to Shelter for Abused Women & contractor's Schedule of Values, and any Children, Inc. (SAWCC) to fund: additional documents as needed. Costs associated with but not The County will pay up to 90% of the limited to; permitting, design, total grant award or project costs rehabilitation, construction and whichever is lower upon proof of proper renovation of shelter restrooms payment. The remaining 10% of the award or Following close out project costs will be released upon final monitoring monitoring clearance and meeting a National Objective For clarity, the County will not withhold 10% on each payment, rather, the last 10% will only be paid as previously specified. Final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. Failure by the subrecipient to achieve the National Objective will require repayment of the CDBG investment under this agreement. 1.3 PERIOD OF PERFORMANCE The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page ^d7 Services of the Subrecipient shall start on October 1, 2019 and shall end on December 31, 2020. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available (One Hundred Eighty -Two Thousand, Two Hundred Seventeen) Dollars ($182,217.00) for use by the SUBRECIPIENT, during the term of the agreement (hereinafter, shall be referred to as the "Funds"). Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and does not signify a change in scope. Fund shifts that exceed 10 percent of the agreement amount shall only be made with Board approval. 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 CHS. 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 the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred duringthe term of this agreement. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations may 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 after the end of the agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements. Except where disputed for noncompliance, 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." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 6 Ebb (Section 1.5 -Cost Principles) of this agreement, SUBRECIPIENT is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E -Cost Principles. A Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart E and may impose requirements upon the Developer, in order for the COUNTY to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. 1.6 NOTICES Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, 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: Rose Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Rosa.Munoz@colliercouMfl.gov Telephone: (239) 252-5713 SUBRECIPIENT ATTENTION: Linda Oberhaus, Chief Executive Officer P.O. Box 10102 Naples, Florida 34101 Email: loberhaus@naolesshelter.org Telephone: (239) 775-3862 The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Pagel �6',� PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS 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. Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current GRANTEE policy concerning SUBRECIPIENT audits.. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F -Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 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 is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time, upon request by the COUNTY or CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and property 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. The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 8 9 D. Upon completion of all work contemplated under this agreement, copies of all documents and records relating to this agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333, with the following exception: if any litigation, claim, or audit is started before the expiration date of the five (5) 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 2 CFR 200.336. The SUBRECIPIENT shall 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 COUNTY. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE, APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329 Michael.Coxna,colliercountyfl.eov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of 1931, 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. F. 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 CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. 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 The Shelter for Abused W omen & Children, Inc. CD19-06 Restroom Rehabilitation Page 9 'Ova determinations, as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes 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 2 CFR 200.336 and 2 CFR 200.337. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180) days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may 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 CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards, as stated, with all other applicable laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 PREVENTION OF FRAUD AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this agreement and to provide for the proper and effective management of all Program and Fiscal activities of the agreement. SUBRECIPIENT's internal control systems and all transactions and The Shelter for Abused W omen & Children, Inc. CD19-06 Restroom Rehabilitation Page 10 0 other significant events shall be clearly documented, and the documentation shalt be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent waste, fraud, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: Initial non-compliance may result in Findings or Concerns being issued to the SUBRECIPIENT, which will require a corrective action plan be submitted to the COUNTY within 15 days following issuance of the report. • Any pay requests that have been submitted to the COUNTY for payment will be held until the corrective action plan has been submitted. CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, in order to correct the non-compliance issue. 2. If in the case SUBRECIPIENT fails to submit the corrective action plan in a timely manner to the COUNTY, the COUNTY may require a portion of the awarded grant amount be returned to the COUNTY. • The COUNTY may require upwards of five percent (5%) of the award amount be returned to the COUNTY, at the discretion of the Board of County Commissioners. • The entity may be denied future consideration as set forth in Resolution No. 2013-228. The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 11 9 3. If in the case SUBRECIPIENT continues to fail to correct the outstanding issue or repeats an issue that was previously corrected and has been informed by the COUNTY of their substantial non-compliance by certified mail; the COUNTY may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, be returned to the COUNTY. • The COUNTY may require upwards often percent (10%) of the award amount be returned to the COUNTY, at the discretion of the Board of County Commissioners. • The SUBRECIPIENT will be considered in violation of Resolution No. 2013- 228. 4. If in the case, after repeated notification, SUBRECIPIENT continues to be substantially non-compliant, the COUNTY may recommend the contract or award be terminated. • The COUNTY will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The SUBRECIPIENT will be required to repay all funds disbursed by the COUNTY for the project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If in the case SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be non-compliant, the above sanctions may be imposed across all awards at the BCC's discretion. 2.6 REPORTS Reimbursement may be contingent upon 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 10th 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 including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "C". Exhibit "C" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 12 a 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. The Shelter for Abused W omen & Children, Inc. CD19-06 Restroom Rehabilitation Page 13 PART III TERMS AND 3.1 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. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Pati 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; (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the SUBRECIPIENT is required to follow federal procurement; and (4) for Developers, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the funds provided under this agreement. The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement rather than supplant funds otherwise available. 3.3 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 COUNTY 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. 3.4 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 duty authorized representative of each organization, and approved by the COUNTY'S governing body. Such amendments shall not invalidate this agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under 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 The Shelter for Abused W omen & Children, Inc. CD19-06 Restroom Rehabilitation Page 14 O U activities to be undertaken as part of this agreement, such modifications will be incorporated only by written amendment; signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS 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, or the reduction of funds awarded by 1IUD to Collier County, to a level, determined by the County Manager, to be insufficient to adequately administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In either 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. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the 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 there- on. 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 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. 3.7 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 The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 15 UJ public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" 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. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by either the COUNTY 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 COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this agreement: A. 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. B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement. C. Ineffective or improper use of funds provided under this agreement. D. Submission by the SUBRECIPIENT to the COUNTY reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification. F. Failure to materially comply with any terms of this agreement. G. Failure to materially comply with the terms of any other agreement between the COUNTY and the SUBRECIPIENT relating to the project. The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 16 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: A. Require specific performance of the agreement, in whole or in part. B. Require the use of, or change in, professional property management. C. Require immediate repayment by SUBRECIPIENT to the COUNTY of all CDBG funds that SUBRECIPIENT has received under this agreement. D. Apply sanctions, if determined by the COUNTY to be applicable. E. Stop all payments, until identified deficiencies are corrected. F. 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. 3.9 REVERSION OF ASSETS In the event of a termination of this 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 property 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 or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until all insurance required, as outlined in Exhibit "A" and 2 CFR 200.310, has been obtained, and said insurance shall be carried, at all times, during SUBRECIPIENT's performance under the agreement. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part 1), the Uniform Administrative Requirements, Cost Principles and The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 17 Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.12 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through .326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Range: Competition Required $0-$3,000 Single Quote with documentation $3,000 - $50,000 3 Written Quotes $50,000+ Formal Solicitation ITB, RFP, etc. All improvements specified in Part 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 contracts for improvements with the lowest, responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.13 PROGRAM GENERATED INCOME No Program Income is anticipated. In the event Program Income is derived from the use of CDBG funds disbursed under this agreement, such Program Income shall be utilized by the SUBRECIPIENT for CDBG-eligible activities, approved by COUNTY. 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 accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When program income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program, for further reallocation. Public Facilities and Improvements: Public facilities that are acquired, constructed, rehabilitated, or otherwise improved with CDBG funds are subject to this requirement. This includes parks, libraries, community centers, and any other facility whose primary purpose is a public one. For these facilities, program income is the income generated by the use of the facility, less the operating costs associated with generating the income. The COUNTY considers utilities, property insurance, and facility maintenance to be operating costs that should be subtracted from revenue to determine net program income. For each funded project, the SUBRECIPIENT must submit for the COUNTY's approval a list of proposed costs incidental to the generation of the program income. The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 18 \ �d V Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved, in whole or in part, with CDBG funds shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208, during the continued use period, as referenced in section 3.14 (Grant Closeout Procedures) of this agreement. If the SUBRECIPIENT sells, transfer, disposes of, or otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG National Objective, the SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage of the current fair market value of the property, after subtracting disposal costs. Such percentage shall have as its basis, the percentage of the appraised value attributable to CDBG and non-CDBG funds expended for the original acquisition of, or improvement to, the property under the terms of this agreement. Such payment shall constitute program income to the COUNTY. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with the COUNTY after the five (5) year continued use period has been met (for public services, "after the expiration of the Agreement"). The continued use period shall commence with the later of the Subrecipient meeting the National Objective or the recording of lien and/or deed restriction documentation). Activities during this closeout period shall include, but are not 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 Part 2.2, 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 that have been advanced or paid must be returned to the COUNTY. Any funds paid exceeding the amount SUBRECIPIENT is entitled to 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. Closeout procedures must take place in accordance with 2 CFR 200.343. 3.15 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. The Shelter for Abused W omen & Children, Inc. CD19-06 Restroom Rehabilitation Page 19 DJ 3.16 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 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. 3.17 PROGRAM BENEFICIARIES At least 51 percent of the beneficiaries of a project funded through this agreement must be low - and moderate- income persons or presumed to be low- to moderate- income persons based on applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than 30 percent 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 "C" of this agreement. 3.18 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 prior to the award of funds. The Affirmative Action will need to be updated throughout the continued use period and must be submitted to COUNTY within 30 days of update/modification. 3.19 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 SUBRECIPIENT. The SUBRECIPIENT covenants that The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 20 Od V it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. 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 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, its employees, or its contractors shall be disclosed, in writing, to CHS 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. 3.20 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 set -vices 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 it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 21 3.21 INCIDENT REPORTING If services to clients are to be provided under this agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. 3.22 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. The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 22 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www.ecfr.gov/cizi-bin/text-idx?tpl=/ccfrbrowsc/Titic24/24cfr570_main_02.tpl 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https://www.ecfr.gov/cgi-bin/text-idx?tpl=/eefrbrowse/Title24/24efr58 main 02.tpi 4.3 Section 104(6) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended https://portal.hud.gov/hudportaVHUD?src--/pLopiram offices/fair housingL equal opp/FHLaws/10 9 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. http://www.hud.eov/offices/fheo/librarv/huddoistatement.odfhttos://www.hud.eov/oroeram offic es/fair housing equal opp/ReasonableAccommodationsl5 Executive Order 11063 —Equal Opportunity in Housing https://www.hud. ov/program_offices/fair_ housing_eaual opp/FHLaws/EX011063 Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https://www.archives. gov/federal-re eister/codification/executive-order/ 12259.html 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.0 hiips://www.law.comell.edu/cfr/text/24/part-I 07 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended https://www.hud.gov/programdescription/title6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing, https://www.gpo.gg3 /fdsys/pke/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- 602.pdf 4.7 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. EO 11246: https://www.hud.gov/program offices/fair housing equal opp/FHLaws/EX011246 EO 11375 and 12086: see item 48 below The Shelter for Abused W omen & Children, Inc. CD19-06 Restroom Rehabilitation Page 23 4.8 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. https://www.hud.goy/prop,ramdescription/title6 4.9 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 Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients 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." 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 Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 24 https://www.hud.gov/sites/documents/DOC 12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.eefr.goy/cizi-bin/text-idx?c=ecfr&tpl=/ccfrbrowse/Title24/24cfrl35 main 02.tpl 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 I(�s://www.hud.gov/program offices/fair housing equal opp/FHLaws/109 https://portal.hud. og v/hudportal/IIM?srp=/Program offices/fair housing equal oua/FHLaws/E X011063 11246: https://www.dol.11ov/ofccp/regs/statutes/eo11246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive-order/I1478.htm1 12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. hqps://www.dol.gov/whd/regs/statutes/safe0l.pd 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/civilrights/sec504.htm 29 USC 776: https://law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.comell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudgp 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.thwa.dot.izov/real estate/uniform act/index.cfm 4.15 29 CFR Parts 3 and 5 - Regulations that 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). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States https://www.law.comell.edu/cfr/text/29/part-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 25 https://www.law.comell.edu/cfr/textt29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 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. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives. gov/federal-register/codification/executive-order/ 11625.html 4.17 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. 24 CFR 570.607: https://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24- vol3-sec570-608.pdf E.O. 13279: h-q://www.fedgoycontracts.com/pe02-96.htm 4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988. https://www.ncbi.tilm.nih.gov/pubmed/12289709 4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx?ipl=/ecfrbrowse/Titie02/2cfr200 main 02. l 4.20 Immigration Reform and Control Act of 1986 hLtps://www.ceoc.jzov/eeoc/history/35th/tlielaw/irca.html 4.21 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. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii Collier County- http://www.colliergov.net/home/showdocument?id=3 5137 4.22 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 The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 26 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. 4.23 Venue -Any suit of 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, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 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 adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District 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. hiips://www.flsenate.gov/Laws/Statutes/2012/44.102 4.25 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. haps://www.law.cornell.edii/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.law.comell.edu/uscode/text/33/ch4pter-26 4.26 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. hiips://www.law.comell.edu/cfr/text/24/570.605 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. haps://www.gpo.cov/fdsys/granule/CFR- 2000-title24-vol3/CFR-2000-title24-vol3-sec570-608-id 163 The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 27 'O� 4.28 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. https://www.nps.gov/history/local-law/nhpal966.htm https://www.ccfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800_main _02.tpl 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. https://www.nps.gov/history/local-law/nhpal966.htm 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). https://www.gpo. gov/fdsys/granule/IJSCODE-2009-title4l iUSCODE-2009-title4 l -chap 10- sec701 4.30 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. bgps://www.law.comell.edu/cfr/text/24/570.609 4.31 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. These requirements are enumerated in 2 CFR 200, et seq. 4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.344, 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. https://www.eefr. goy/cgi-bin/text- idx?SID=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8 4.33 Any real properly 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 The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 28 Od V 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 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. https://www.gpo. og v/fdsys/granule/CFR-1999-title49-voll/CFR-1999-title49-voll-sec24-101 https://www. gpo. gov/fdsy_s/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505 4.34 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. ham://www.leg.state.fl.us/Statutes/index.cfn?App mode=Display Statute&SearchmString—&UR L=0200-0299/0287/Sections/0287.133.html 4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. https://www. sg a.izov/portaVcontent/104877 4.37 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.govregs.com/regulations/enand/title24 part5 subpartA section5.106 4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 29 be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. hiips://www.ecfr.izov/cgi-bin/text idx?SID=e339ece9fdfdl479eab67e85Oc7cddd4&node=24:2.1.1.2.10.4&rgn=div6 hftps://www.law.comell.edu/cfr/text/24/5.1 11 4.39 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federalregister.gov/documents/2016/11 /16/2016-25888/violence-against-women- reauthor i zati on-act-of-2013-implementation-in-hud-housing-programs 4.40 Any rule or regulation determined to be applicable by HUD. 4.41 Florida Statutes 713.20, Part 1, Construction Liens hms://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700- 0799/0713/0713.html 4.42 Florida Statutes 119.021 Records Retention hLtp://www.lea.state.fl.us/Statutes/index.cftn?App mode=Dis lalav Statute&URL=0100- 0199/0119/Sections/0119.021.htm1 4.43 Florida Statutes, 119.071, Contracts and Public Records bAp://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0 199/01 19/Sections/0 119.02 Lhtml (Signature Page to Follow) The Shelter for Abused Women &.Children, Inc. CD19-06 Restroom Rehabilitation Page 30 IN WITNESS WHEREOF, the SUhRECIFUMand COUNTY, have each respectively, by an authorlmd pemon or ape®t, L mwfider ant th* hands 0A nems on the data %st written above. ATTEST: CRYSTAL K. ICINZEL, CLERIC qty pO# Dated: (SEAL) Approved as to forun and Legality: Jennifdr A. Belppdio Assistant County Attorney Date: The Shelter for Abused Women & Children, Inc. CCSB -06 Restroom Rehahllltation BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: WILLIAM L. MaDAZIEL, JR.., CHAIRMAN Date: TBE 39BLTER FOR ABUSED WOMEN & CHILDREN, INC. Date; 5/30/2019 6�� Page 3i Clo PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 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. 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. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT 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 The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 32 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 than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 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.T.M.A. The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 33 0 EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: The Shelter for Abused Women & Children, Inc. Subrecipient Address: P.O. Box 10102, Naples, FL 34101 Project Name: Restroom Rehabilitation Project No; CD19-06 IDIS# Payment Request# Total Payment Minus Retainage Period of Availability: through Period for which the Agency has incurred the indebtedness through SECTION H: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Submitted on this Account 3. Total Grant Amount Awarded Less Sum of Past Claims Submitted on this Account 4. Amount of Today's Request 5. 10% Retainage Amount Withheld (if applicable) $ 6. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ 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 as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) Page 34 EN EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA GENERAL -Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance Reports. The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY'S discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Agency Name: The Shelter for Abused Women & Date: Children, Inc. Project Title: Restroom Rehabilitation IDIS #: Program Contact: Julie Franklin, Chief Operating Telephone Number: (239) 280-1350 Officer Activity Reporting Period Report Due Date October 10— December 3lst January 1011 Janu 1st— March 3ls` Aril10'h April 1st —Jure 30' July 10' Jul 1st — September 30 ^ October 10t° REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/19 3/31/20 6/30/20 9/30/20 Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly report must include cumulative data beninninR from the start of the urogram Year October 1.2019. 1. Please list the outcome goal(s) from your approved application and subrecipient agreement and indicate your progress in meeting those goals since October 1, 2019. for this eriod? a. Outcome Goals: list the outcome goal(s) from your approved application and subreci ient agreement Section 108 Loan Guarantee $ CDBG Outcome 1: Completion of restroom rehabilitation activities at the Shelter facility. Other Consolidated Plan Funds $ Outcome 2: Documentation of National Objective achievement: LMC/Presumed Eligible Clientele — must document that 51% of persons served are at low to moderate income. $ Outcome 3: ESG b. Goal Progress: Indicate the progress to date in meeting each outcome goal. $ HOPWA Outcome 1: $ Outcome 2: $ Outcome 3: 2. Is this project still in compliance with the original project schedule: Yes No If No, Explain: 3. Since October 1, 2019; of the persons assisted, how many... Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing) to this service or benefit? 0 b. ...now have 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 did the subreci fent apply for this eriod? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement Funds $ The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 35 q 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/ethnicity, and income data are reported by persons. For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the number of persons in the household. 7. a. Total No. Persons/Adults served LMC 0 Total No. persons served under 18 (LMC) 0 YTD Total 0 YTD Total 0 Quarter Total No. of Persons 0 Quarter Total No. of Persons 0 a Presumed Benefit Activities Onl LMC TR b Presumed Benefit Activities Only LMC ) YTD ELI 0 Abused Children ELI b. Total No. of Households served 0 Total No. of female head of household (LMH) 0 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethnicity and income data are reported by persons. 7. a. Total No. Persons/Adults served 0 Total No Persons served under 18 (LMC) 0 LMC YTD Total; 0 YTD Total 0 b. Total No. Households served LMH 0 Total No. female head of household (LMH) 0 YTD Total 0 YTD Total 0 8. Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program onlyserves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: MCQuarter PRESUMED BENEFICIARY DATA ONLY LMC YTD Indicate the total number of UNDUPLICATED persons served this quarter who fall into each presumed benefit category (the total should equal the total in question #6a or W: Indicate the total number of UNDUPLICATED persons served since October 1 who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total uestion #6): a Presumed Benefit Activities Onl LMC TR b Presumed Benefit Activities Only LMC ) YTD ELI 0 Abused Children ELI 0 0 1 Abused Children ELI 0 Homeless Person ELI 0 Homeless Person ELI 0 Migrant Farm Workers LI 0 Migrant Farm Workers LI 0 Battered Spouses LI 0 Battered Spouses LI 0 Persons w/HIV/AIDS LI 0 Persons w/HIV/AIDS LI 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely Disabled LI Adults 0 Severely Disabled Adults LI 0 Quarter Total 0 YTD Total 8. Complete question 8a and 8b if any client in your progrant does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total uestion #6): in Indicate the total number of UNDUPLICATED persons served since October I (YTD) who fall into each income category (the total should equal the total in question #6): a ELI Extremely Low Income (0-30%) 0 b ELI Extremely Low Income (0-30"/0) 0 LI Low Income (31-50%) 0 LI Low Income 0 MOD Moderate Income (51-80%) 0 MOD Moderate Income (51-80%) 0 NON- L/M Above Moderate Income (>80%) 0. NON- L/M Above Moderate Income (>80%) 0 Quarter Total 0 YTD Total 0 The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 36 G� 9. Racial & Ethnic Data if applicable) Please indicate how many UNDUPLICATED clients served this Quarter 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 in quection 6,question Please indicate how many UNDUPLICATED clients served since October (YTD) 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 in i . a. RACE ETHNICITY /HISPANIC b. RACE ETHNICITY /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska Native 0 0 Native HaNvalian/Odler Pacific Islander 0 0 Native Hawaiian/Other Pacific Islander 0 0 Black/African American & White 0 0 Black/African American & White 0 0 American Indian/Alaska Native & 0 0 Black/African AmericanBlack/African American Indian/Alaska Native & 0 0 American Other Multi -racial 0 0 Other Multi -racial 0 0 0 0 0 0 Name: Signature: Title: Your typed name here represents your electronic signature The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 37 EDIT D INCOME CERTIFICATION INSTRUCTIONS Complete form, and retain appropriate supporting documentation, to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names — All Household Members Relationship Age 1 2 3 4 5 6 7 8 0.00 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0.06%) and enter results in B(c), otherwise leave blank. B(c) The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 38 Q' A. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Benefits / Public Other Salaries Pensions Assistance Income (include tips, Asset commissions, Income bonuses, and overtime) (Enter the 1 greater of 2 box B(b) or 3 box B(c), in above, 4 box C(e) 5 below) 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a) through C(e). 0.00 This amount is the Annual Anticipated Household Income. B. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by foes and imprisonment provided under S. 775.082 and 775.083. Signature of Head of Household Signature of Spouse or Co -Head of Household Adult Household Member (if applicable) Adult Household Member (if applicable) Date Date Date Date The Shelter for Abused W omen & Children, Inc. CD19-06 O Restroom Rehabilitation Page 39 G A. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: ❑ Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 301501^ of the Very Low Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit Based upon the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Printed Name B. Household Data Date Title Number of Persons By Race Ethnicity B r Age Native American Hawaiian or 0 -25 26-40 41-61 62+ Indian Asian Black Other Pac. White Other Islander Hispanic Non - Hispanic NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 40 CUT U►l : : l l Y tl 1 ►1 Y 1: 1► 1"11 Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by established by 2 CFR Part 200, Subpart F —Audit Requirements. This form may be used to monitor Florida Single Audit Act Statute 215.97 requirements. Subrecipient Name The Shelter for Abused Women & Children, Inc. (SAWCC) First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DD/YY Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within-50—days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the 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. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we El understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/18 The Shelter for Abused Women & Children, Inc. CD19-06 Restroom Rehabilitation Page 41 FAIN # B -19 -UC -12-0016 Federal Award Date Est, 10/2019 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $200,000.00 Subrecipient Name Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. DUNS# 844481478 FEIN 59-1547191 R&D No Indirect Cost Rate No Period of Performance 10/01/2019-12/31/2020 Fiscal Year End 12/31 Monitor End: 12/2025 AGREEMENT BETWEEN COLLIER COUNTY AND LEGAL AID SERVICE OF BROWARD COUNTY, INC. DB/A LEGAL AID SERVICE OF COLLIER COUNTY, INC. THIS AGREEMENT is made and entered into this day of 20, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc., ("SUBRECIPIENT"), having its principal office at 4436 Tamiami Trail East, Naples 34112. WHEREAS, the County has entered into an agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (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 2019-2020 for the CDBG Program with Resolution 2019- on June 25, 2019 — Agenda Item ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised the 2019/2020 Annual Action Plan, on May 24, 2019, with a 30 -day Citizen Comment period from May 24, 2019 to June 25, 2019; and Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19 -09 Facility Improvements Pagel �d� WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking the CDBG CD19-08 Facility Improvements. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Facility Improvements Description of project and outcome: CHS, as administrator of the CDBG program, will make available CDBG funds up to the gross amount of $200,000.00 to Legal Aid of Collier County to fund: Improvements to Legal Aids main facility in Naples may include but not be limited to the following: Installation of a total roof retrofit; repairs and repaving of the parking lot; and installation of an automatic back gate, however, The project will be defined in the project plans, specification and schedule of values. The property will be deed restricted for five (5) years commencing on the date of initially meeting one of the National Objectives, in accordance with 24 CFR 570.505, if applicable. ititi77._►�I[•\►1�.7DStFI\3i1�7�17i A. Within sixty (60) calendar days of the execution of this agreement, the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project, excluding Public Service projects. B. The following resolutions and policies must be submitted by SUBRECIPIENT within sixty (60) days of this agreement ® Affirmative Fair Housing Policy ® Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy ® Procurement Policy Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19-08 Facility Improvements Paget d ❑ Uniform Relocation Act Policy M Sexual Harassment Policy Z Procedure for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12U.S.C. 794 1 u) ® Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) ® Fraud Policy C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of any reimbursement of funds under this Agreement. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component I: Improvements to Legal Aids main facility in Naples may $200,000 include but not be limited to the following: Installation of a total roof retrofit; repairs and repaving of the parking lot; and installation of an automatic back gate; however, roject to be defined in the ro'ect s ecs and plans Total Federal Funds: $200,000 The Subrecipient will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ® Maintain and provide to the County, as requested, beneficiary income certification documentation ® Maintain and provide National Objective Documentation Provide Quarterly Reports on National Objective and project progress ® Required attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS. Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation. ® Identify Lead Project Manager ® Provide Site Design and Specifications Comply with Davis Bacon Labor Standards Comply with Section 3 and maintain documentation ® Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible Ensure the applicable affordability period for the project is met Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19 -08 Facility Improvements Page 3 �-a� B. National Objective The CDBG program funds awarded to Collier County must benefit low -moderate income persons (LMI). As such the Subrecipient shall be responsible for ensuring that all activities and beneficiaries meet the definition of: ❑ LMA — Low/Mod Area Benefit Z LMC — Low/Mod Clientele Benefit ❑ LMH — Low/Mod Housing Benefit ❑ LMJ — Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons based on HUD determined eligible census tracts. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMC: Must document that at least 51 percent of persons served, are low to moderate income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must have at least 51 percent occupied by LMI households and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMS: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1) agreement agreement execution Insurance Insurance Certificate Within 30 days of agreement execution and Annually within th' 30 da s of renewal Detailed Project Schedule Project Schedule Within sixty (60) days of a reement execution Project Plans and Specifications Site Plans and Specifications Prior to procurement Subcontractor Log Subcontractor Log Initially at construction start, and quarterlythereafter Submission of Progress Report Exhibit C Quarterly within 10 days following the end of the quarter. Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19-08 Facility Improvements Page D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Final report due 60 days after Project Component 1: Submission of supporting documents agreement ends Section 3 Report Quarterly report of new hire Quarterly facility in Naples may include but information Davis -Bacon Act Certified Weekly Certified Payroll Within 21 days of receipt Payroll reports, forms and supporting repairs and repaving of the parking lot; and installation of an documentation Financial and Compliance Audit Audit, Management Letter and Nine (9) months after FY end project to be defined in the project Exhibit E for Single Audit OR one specs and plans total grant award or project costs hundred eighty (180) days after whichever is lower upon proof of proper FY end Continued Use Certification Continued Use Affidavit, if Annually; for five (5) years after applicable meeting the National Objective Revenue Plan for maintenance Plan approved by the County Initial Plan due after completion and Capital Reserve monitoring clearance and meeting a of construction. Annually; National Objective through the period of continued For clarity, the County will not withhold use Program Income Reuse Plan Plan Approved by the County Not Applicable D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Submission of supporting documents Submission of Improvements to Legal Aids main must be provided as backup as evidenced monthly invoices. facility in Naples may include but by, banking documents, completed AIA not be limited to the following: G702-1992 form, or equivalent document Installation of a total roof retrofit; per contractor's Schedule of Values and repairs and repaving of the parking lot; and installation of an any additional documents as needed. automatic back gate; however, project to be defined in the project The County will pay up to 90% of the specs and plans total grant award or project costs whichever is lower upon proof of proper payment. The remaining 10% of the award or Following close out project costs will be released upon final monitoring monitoring clearance and meeting a National Objective For clarity, the County will not withhold 10% on each payment, rather, the last 10% will only be paid as previously specified. Final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. Failure by the subrecipient to achieve the National Objective will require repayment of the CDBG investment under this agreement. Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD39 O Facilityy Improvements Pages O.a� 1.3 PERIOD OF PERFORMANCE Services of the Subrecipient shall start on October 1, 2019 and shall end on December 31, 2020. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available (Two Hundred Thousand) Dollars ($200,000.00) for use by the SUBRECIPIENT, during the term of the agreement (hereinafter, shall be referred to as the "Funds"). Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and does not signify a change in scope. Fund shifts that exceed 10 percent of the agreement amount shall only be made with Board approval. 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 CHS. 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 the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations may be required if two consecutive months of $0 invoices are submitted. Payments shalt 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 after the end of the agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this agreement fora period of up to 180 days after the end of the agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements. Except where disputed for noncompliance, 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." Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19 -08 Facility Improvements Page O.d'J 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section (Section 1.5 -Cost Principles) of this agreement, SUBRECIPIENT is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E -Cost Principles. A Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart E and may impose requirements upon the Developer, in order for the COUNTY to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. 1.6 NOTICES Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, 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: Rose Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Rosa. Munoz @colliercountvfl.gov Telephone: (239) 252-5713 SUBRECIPIENT ATTENTION: Jeff Ahren, Director of Development/Pro Bono Coordinator 4436 Tamiami Trail East, Naples, Florida 34112 Email: Jahren(a leealaid.org Telephone: (239) 298-8130 Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19-Da Facility Improvements Page O Od PART H GRANT CONTROL REQUIREMENTS 2.1 AUDITS 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. Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current GRANTEE policy concerning SUBRECIPIENT audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F -Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 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 is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time, upon request by the COUNTY or CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), 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. Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19-08 Facility Improvements Page 8 D. Upon completion of all work contemplated under this agreement, copies of all documents and records relating to this agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333, with the following exception: if any litigation, claim, or audit is started before the expiration date of the five (5) 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 2 CFR 200.336. The SUBRECIPIENT shall 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 COUNTY. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329 Michael.Coxna colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of 1931, 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. F. 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 CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. 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 Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19-08 Facility Improvements Page 9 nd� determinations, as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes 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 2 CFR 200.336 and 2 CFR 200.337. 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 Attomey-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. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180) days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may 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 CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards, as stated, with all other applicable laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY'S internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 PREVENTION OF FRAUD AND ABUSE Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19 -08 Facility Improvements Page 10 SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this agreement and to provide for the proper and effective management of all Program and Fiscal activities of the agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent waste, fraud, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the SUBRECIPIENT, which will require a corrective action plan be submitted to the COUNTY within 15 days following issuance of the report. • Any pay requests that have been submitted to the COUNTY for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, in order to correct the non-compliance issue. 2. If in the case SUBRECIPIENT fails to submit the corrective action plan in a timely manner to the COUNTY, the COUNTY may require a portion of the awarded grant amount be returned to the COUNTY. Legal Aid Service of eroward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19-08 Facility Improvements Page 11 000 • The COUNTY may require upwards of five percent (5%) of the award amount be returned to the COUNTY, at the discretion of the Board of County Commissioners. • The entity may be denied future consideration as set forth in Resolution No. 2013-228. 3. If in the case SUBRECIPIENT continues to fail to correct the outstanding issue or repeats an issue that was previously corrected and has been informed by the COUNTY of their substantial non-compliance by certified mail; the COUNTY may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, be returned to the COUNTY. • The COUNTY may require upwards often percent (10%) of the award amount be returned to the COUNTY, at the discretion of the Board of County Commissioners. • The SUBRECIPIENT will be considered in violation of Resolution No. 2013- 228. 4. If in the case, after repeated notification, SUBRECIPIENT continues to be substantially non-compliant, the COUNTY may recommend the contract or award be terminated. • The COUNTY will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The SUBRECIPIENT will be required to repay all funds disbursed by the COUNTY for the project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If in the case SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be non-compliant, the above sanctions may be imposed across all awards at the BCC's discretion. 2.6 REPORTS Reimbursement may be contingent upon 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. Legal Aid service of Broward County, Inc. d/b/a Legal Aid service of Collier County, Inc. CD19 -08 Facility Improvements Page 12 O'4O During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th 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 including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "C". Exhibit "C" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or 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. Legal Aid service of Broward County, Inc. d/b/a Legal Aid service of Collier County, Inc. CD19-08 Facility Improvements Page 13 0 PART III TERMS AND CONDITIONS 3.1 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. 3.2 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; (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the SUBRECIPIENT is required to follow federal procurement; and (4) for Developers, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the funds provided under this agreement. The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement rather than supplant funds otherwise available. 3.3 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 COUNTY 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. 3.4 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 COUNTY'S governing body. Such amendments shall not invalidate this agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under 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 Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19 -08 Facility Improvements Page 14 activities to be undertaken as part of this agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS 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, or the reduction of funds awarded by HUD to Collier County, to a level, determined by the County Manager, to be insufficient to adequately administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In either 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. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the 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 there- on. 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 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. 3.7 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 Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19-08 Facility Improvements Page 15 public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (I") AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" 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. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by either the COUNTY 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 COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this agreement: A. 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. B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement. C. Ineffective or improper use of funds provided under this agreement. D. Submission by the SUBRECIPIENT to the COUNTY reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification. F. Failure to materially comply with any terms of this agreement. G. Failure to materially comply with the terms of any other agreement between the COUNTY and the SUBRECIPIENT relating to the project. Legal Aid Service of eroward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19 -08 Facility Improvements Page 16 O 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: A. Require specific performance of the agreement, in whole or in part. B. Require the use of, or change in, professional property management. C. Require immediate repayment by SUBRECIPIENT to the COUNTY of all CDBG funds that SUBRECIPIENT has received under this agreement. D. Apply sanctions, if determined by the COUNTY to be applicable. E. Stop all payments, until identified deficiencies are corrected. 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. 3.9 REVERSION OF ASSETS In the event of a termination of this 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 property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG fiords, 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 or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until all insurance required, as outlined in Exhibit "A" and 2 CFR 200.310, has been obtained, and said insurance shall be carried, at all times, during SUBRECIPIENT's performance under the agreement. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc CD19 -08 Facility Improvements Page 17 9 Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.12 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through .326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Range: Competition Required $0-$3,000 Single Quote with documentation $3,000 - $50,000 13 Written Quotes $50,000+ 1 Formal Solicitation ITB, RFP, etc. All improvements specified in Part 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 contracts for improvements with the lowest, responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.13 PROGRAM GENERATED INCOME No Program Income is anticipated. In the event Program Income is derived from the use of CDBG funds disbursed under this agreement, such Program Income shall be utilized by the SUBRECIPIENT for CDBG-eligible activities, approved by COUNTY. 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 accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When program income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program, for further reallocation. Public Facilities and Improvements: Public facilities that are acquired, constructed, rehabilitated, or otherwise improved with CDBG funds are subject to this requirement. This includes parks, libraries, community centers, and any other facility whose primary purpose is a public one. For these facilities, program income is the income generated by the use of the facility, less the operating costs associated with generating the income. The COUNTY considers utilities, property insurance, and facility maintenance to be operating costs that should be subtracted from revenue to determine net program income. For each funded project, the SUBRECIPIENT must submit for the COUNTY's approval a list of proposed costs incidental to the generation of the program income. Legal Aid service of Broward County, Inc. d/b/a Legal Aid service of Collier County, Inc. CD19-08 Facility Improvements Page 18 OVA Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved, in whole or in part, with CDBG funds shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208, during the continued use period, as referenced in section 3.14 (Grant Closeout Procedures) of this agreement. If the SUBRECIPIENT sells, transfer, disposes of, or otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG National Objective, the SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage of the current fair market value of the property, after subtracting disposal costs. Such percentage shall have as its basis, the percentage of the appraised value attributable to CDBG and non-CDBG funds expended for the original acquisition of, or improvement to, the property under the terms of this agreement. Such payment shall constitute program income to the COUNTY. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with the COUNTY after the five (5) year continued use period has been met (for public services, "after the expiration of the Agreement"). The continued use period shall commence with the later of the Subrecipient meeting the National Objective or the recording of lien and/or deed restriction documentation). Activities during this closeout period shall include, but are not 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. hi addition to the records retention outlined in Part 2.2, 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 that have been advanced or paid must be returned to the COUNTY. Any funds paid exceeding the amount SUBRECIPIENT is entitled to 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. Closeout procedures must take place in accordance with 2 CFR 200.343. 3.15 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 Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19-08 Facility Improvements Page 19 9 awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 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 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. 3.17 PROGRAM BENEFICIARIES At least 51 percent of the beneficiaries of a project funded through this agreement must be low - and moderate- income persons or presumed to be low- to moderate- income persons based on applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than 30 percent 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 "C" of this agreement. 3.18 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 prior to the award of funds. The Affirmative Action will need to be updated throughout the continued use period and must be submitted to COUNTY within 30 days of update/modification. 3.19 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 Legal Aid Service of Froward County, Inc. d/h/a Legal Aid Service of Collier County, Inc. CD19-08 Facility Improvements Page 20 0 or degree with the performance of this agreement, and that no person having any conflict of interest shall be employed by or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. 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 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, its employees, or its contractors shall be disclosed, in writing, to CHS 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. 3.20 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 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 Legal Aid service of Broward County, Inc. d/b/a Legal Aid Service of Collier County,. Inc. C019-08 Facility Improvements Page 21 'tr.7 funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3.21 INCIDENT If services to clients are to be provided under this agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. 3.22 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. Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19-0B Facility Improvements Page 22 bJ PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https•//www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24efr570 main 02.1pl 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https://www.eefr.gov/cgi-bin/text-idx?ipl=/eefrbrowse/Title24/24cfr58 main 02.tp1 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended https://portal.hud.gov/hudportaVRUD?src=/program offices/fair housing equal opp/FHLaws/10 9 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. http://www.hud.aoy/offices/f ieo/library/huddoistatement.pdfl tps://www.hud.gov/proms offic es/fair housing equal opp/ReasonableAccommodationsl5 Executive Order 11063 — Equal Opportunity in Housing httos://www.hud.izov/Droeram offices/fair housing equal opp/FHLaws/EX011063 Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs httos://www.archives. gov/federal-register/codification/executive-order/ 12259.html 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.0 https://www.law.comell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended https://www.hud.gov/programdescription/title6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.gpo.goy/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- 602Tpdf 4.7 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. EO 11246: https•//wwwhudgov/program offices/fair housing equal onn/FHLaws/EX011246 EO 11375 and 12086: see item #8 below Legal Aid Service of eroward County, Inc. d/b/a Legal Aid service of Collier County, Inc. CD19 -08 Facility Improvements Page 23 d U 4.8 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. h!Ltps://www.hud.gov/propramdescription/title6 4.9 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 Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients 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." 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. Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19 -08 Facility Improvements Page 24 U hMs://www.hud.izov/sites/documents/DOC 12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www ecfr gov/cmi-bin/text-idxyc=ecfr&tpl=/eefrbrowse/Title24/24efrl35 main 02 tpll 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.hud.gov/program offices/fair housing equal opp/FHLaws/109 https://portal hud ovg /hudportaUHUD?src=/propxam offices/fair housing equal opp/FHLaws/E X011063 11246: https://www.dol.gov/ofccp/regs/statutes/eol1246.htm 11375: Amended by EO 11478 11478: https•//www archives gov/federal-register/codification/executive-order/I1478.html 12107: https://www.archives.gov/federal-register/codification/executive-order/12107.htmi 12086: https•//www archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. hitps://www.dol.gov/whd/regs/statutes/safe0l.pd 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/civilrights/sec504.htm 29 USC 776: hnps:Hlaw.oneele.com/uscode/29/776.html 24 CFR 570.614: https://www.law.comell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.htid.gov/hudprograms/eohudap 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www fhwa dot. ovg /real estate/uniform act/index.cfm 4.15 29 CFR Parts 3 and 5 - Regulations that 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). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States https://www.law.cornell.edu/cfr/tcxt/29/part-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) Legal Aid Service of eroward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19-08 Facility Improvements Page 25 U bitps://www.law.cornell.edu/cfr/text/29/Tart-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. httos://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 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. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. haps://www. archives. gov/federal-register/codification/executive-order/ 11625.html 4.17 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. 24 CFR 570.607: httos://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24- vol3-sec570-608.ndf E.O. 13279: htto://www.fedgovcontracts.com/pe02-96.htm 4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988. https://www.ncbi.nim.nih.izov/pubmed/12289709 4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. haps://www.ecfr.gov/cgi-bin/text-idx?ipl=/ecfrbrowse/Title02/2cfr200 main 02.VI 4.20 Immigration Reform and Control Act of 1986 https://www.ceoc.gov/eeoc/history/35th/thelaw/irca.html 4.21 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. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii Collier County- http://www.collierizov.net/home/showdocument?id=35137 4.22 Order of Precedence - In the event of any conflict between or amongthe 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 Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19-08 Facility Improvements Page 26 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. 4.23 Venue -Any suit of 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, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 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 adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District 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. hftps://www.flscnate.gov/Laws/Statutes/2012/44.102 4.25 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. httns://www.law.comell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. hftps://www.law.coniell.edu/uscode/text/33/chapter-26 4.26 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. httns://www.law.comell.edu/cfr/text/24/570.605 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdus/granule/CFR- 2000-title24-vol3/CFR-2000-title24-vola-sec570-608-id 163 Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19-08 Facility Improvements Page 27 d D 4.28 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. https://www.nps.lzov/histoM/local-law/nhpal966.htm https://www.ecfr.gov/cLzi-bin/text- idx?c=ecfr&tp1=/ecfrbrowse/Title36/36cfr800 main 02.tyl 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. littps://www.nps.i4ov/histqM/local-law/nhpal966.htm 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). https•//www.gpo.gov/fdsys/granule/USCODE-2009-title4l/USCODE-2009-title4l-chapl0- sec701 4.30 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. https://www.law.comefl.edu/cfr/text/24/570.609 4.31 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. These requirements are enumerated in 2 CFR 200, et seq. 4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500, Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.344, 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. https://www.eefr. goy/egi-bin/text- idx?SID=5 a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8 4.33 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 Legal Aid Service of 6roward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19-08 Facility Improvements Page 28 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 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. httns://www.gpo.eov/fdsys/granule/CFR-1999-title49-vol l/CFR-1999-title49-vol l-sec24-101 httns://www.gpo.gov/fdsys/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505 4.34 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. http://www.leg.state.fl.us/Statutes/index.cfin?App mode=Display Statute&Search String—&UR&UR L=0200-0299/0287/Sections/0287.133.html 4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. httns://www. sg a.¢ov/portaUcontent/104877 4.37 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. httns://www.govregs.com/regulations/expand/title24 part5 subpartA section5.106 4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19 -08 Facility Improvements Page 29 C_1e be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. https://www.ecfr.gov/cgi-bin/text- idx?SID=e339ece9fdfd1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&r t—g<div6 https://www.law.comell.edu/cfr/text/24/5.111 4.39 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federaire ister.gov/documents/2016/11/16/2016-25888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing_pro rg ams 4.40 Any rule or regulation determined to be applicable by HUD. 4.41 Florida Statutes 713.20, Part 1, Construction Liens https://www.leg.state.fl.us/Statutes/index.cftn?App mode=Display Statute&URL=0700- 0799/0713/0713.htm1 4.42 Florida Statutes 119.021 Records Retention bgp://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.021.html 4.43 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfin?App mode --Display Statute&URL=0100- 0199/0119/Sections/0119.021.html (Signature Page to Follow) Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19 -08 Facility Improvements Page 30 IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have, each respectively, by an authorized persou of agent,.he•eunder set then; liands.and seals on the date first written above. ATTEST: CRYSTAL K. KINZEL, CLERIC , Deputy Clerk Dated: (SEAL) Approved alto form and legality: Jennifer A. Belpedo Assistant CountyZ • y -- BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: WILLIAIviL. McDANIEL, 7R., CHAIRMAN Date: LEGAL AID SERVICE OF BROWARD COUNTY, INC, d/b/a LEGAL AID SERVICE OF COLLIER COUNTY, INC. %---ANTHONY J. XA"AT, ESQ., EXECUTIVE DIRECTOR Date: /�� Ll Legal Aid Service of cPage 31oward County, Inc. O Legal Aid Service of Collier County, Inc CDD CSO CD19-08 Facility Improvements PART V EXHIBITS EXHIBIT A I 11 It u I II�Y If: The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 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. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in I — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in I — 4 above, the SUBRECIPIENT 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 Legal Aid service of eroward County, Inc. d/b/a Legal Aid service of Collier County, Inc. CD19 y Improvements mprovements Page 32 9 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 than $1,000,000 combined single limit for. combined Bodily Injury and Property Damage. 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. Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19-08 Y Facility Improvements Page 33 EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. Subrecipient Address: 4436 Tamiami Trail East, Naples, FL 34112 Project Name: Facility provements Project No: CD 19-08 IDIS# Payment Request # Total Payment Minus Retainage Period of Availability: 10/1/19 through 04/30/21 Period for which the Agency has incurred the indebtedness through SECTION H: STATUS OF FUNDS 1. Grant Amount Awarded $ 2. Sum of Past Claims Submitted on this Account $ 3. Total Grant Amount Awarded Less Sum of Past Claims Submitted on this Account $ 4. Amount of Today's Request $ 5. 10% Retainage Amount Withheld (if applicable) $ 6. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ 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 as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Division Director (Approval required $15,000 and above) (Approval Required $15,000 and above) Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19-0g 9 Facility Improvements Page 34 EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA GENERAL -Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance Reports. The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Agency Name: Legal Aid Service of Broward County, Inc. Date: d/b/a Legal Aid Service of Collier County, Inc. Project Title: Facility Improvements IDIS #: Program Contact: Jeff Ahren Telephone Number': (239) 298-8130 Activity Reporting Period Report Due Date October 1"—December 315' January 10" January 1st— March 3lst April 1011 Alin l Ist—June 30th July 10`" Jul lst — September 30' October 10' REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/19 3/31/20 6/30/20 9/30/20 Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly report must include cumulative data beginningg from the start of the program year October I, 2019. 1. Please list the outcome goal(s) from your approved application and subrecipient agreement and indicate your mess in meeting those goals since October 1, 2019. a. Outcome Goals: list the outcome goal(s) from your approved application and subreci ient agreement Other Consolidated Plan Funds $ HOME Outcome 1: Complete improvement activities — 800 persons will benefit from the improvements. Other Federal Funds $ ESG Outcome 2: Documentation that at least 51% of persons served are low to moderate income or presumed benefit to meet a CDBG LMH/LMC National Objective $ HOPWA Outcome 3: b. Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: Outcome 2: Outcome 3: 2. Is this project still in compliance with the original project schedule: Yes No If No, Ex lain: 3. Since October 1, 2019; of the persons assisted, how many... Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing) to this service or benefit? 0 b. ...now have 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 did the subreci ient apply for this eriod? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement Funds $ Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19-08 tn0 Facility Improvements Page 35 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER; if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/ethnicity, and income data are reported by persons. For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the number of persons in the household. 7. a. Total No. Persons/Adults served LMC 0 Total No. persons served under 18 (LMC) 0 Indicate the total number of UNDUPLICATED persons served since October 1 who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): Quarter Total No. of Persons 0 Quarter Total No. of Persons 0 b Presumed Benefit Activities Only LMC YTD ELI 0 Abused Children ELI b 0 1 Abused Children ELI 0 b. Total No. of Households served 0 Total No. of female head of household (LMH) 0 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethnicity and income data are reported by persons. 7. a. Total No. Persons/Adults served 0 Total No Persons served under 18 (LMC) 0 LMC YTD Total: 0 YTD Total 0 b. Total No. Households served L 0 Total No. female head of household (LMH) 0 YTD Total 0 YTD Total 0 S. Complete EITHER question 7 or 8, NOT both Complete question 7a and 711 if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: LMCQuarter PRESUMED BENEFICIARY DATA ONLY LMC YTD Indicate the total number of UNDUPLICATED persons served this quarter who fall into each presumed benefit category (the total should equal the total in question #6a or 6h): Indicate the total number of UNDUPLICATED persons served since October 1 who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total uestion #6): a Presumed Benefit Activities Out LMC TR b Presumed Benefit Activities Only LMC YTD ELI 0 Abused Children ELI b 0 1 Abused Children ELI 0 Homeless Person ELI 0 Homeless Person ELI 0 Migrant Farm Workers LI 0 Migrant Farm Workers LI 0 Battered Spouses LI 0 Battered Spouses LI 0 Persons w/HIV/AIDS LI 0 Persons w/HIV/AIDS LI 0 Elderly Persons Ll or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely Disabled LI Adults 0 Severely Disabled Adults LI 0 Quarter Total 0 YTD Total S. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total uestion #6): in Indicate the total number of UNDUPLICATED persons served since October 1 (YTD) who fall into each income category (the total should equal the total in question #6): a ELI Extremely Low Income (0-30%) 0 b ELI Extremely Low Income (0-300%) 0 LI Low Income (31-50%) 0 LI Low Income 0 MOD Moderate Income (51-80"/0) 0 MOD Moderate Income (51-80%) 0 NON- L/M Above Moderate Income (>80%) 0 NON- L/M Above Moderate Income (>800A) 0 Quarter Total 0 YTD Total 0 Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19 -08 Facility Improvements Page 36 .9 9. Racial & Ethnic Data if applicable) d/b/a Legal Aid Service of Collier County, Inc. Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients clients served this Quarter fall into each race served since October (YTD) fall into each race category. In category. In addition to each race category, please addition to each race category please indicate how many indicate how many persons in each race category persons in each race category consider themselves consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in should equal the total in question 6.question 6. a. RACE ETHNICITY b. RACE ETHNICITY /HISPANIC /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska Native 0 0 Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific Islander 0 0 Black/African American &White 0 0 Black/African American & White 0 0 American Indian/Alaska Native & 0 Black/African American 0 American Indian/Alwka Native & 0 0 Black/African American Other Multi -racial 0 0 Other Multi -racial 0 0 0 0 0 0 Name: Signature: Title: Your typed name here represents your electronic siEnature Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19-08 Facility Improvements Page 37 Y O EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete form, and retain appropriate supporting documentation, to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names—All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave blank. B(c) Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19-08 Facility Improvements Page 38 90 A. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Benefits / Public Other Salaries Pensions Assistance Income (include tips, Asset commissions, Income bonuses, and overtime) (Enter the 1 greater of 2 box B(b) or 3 box B(c), in above; 4 box C(e) 5 below) 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 1 0.00 0.00 Enter total of items C(a) through C(c). 0:00 This amount is the Annual Anticipated Household Income. B. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083. Signature of Head of Household Signature of Spouse or Co -Head of Household Adult Household Member (if applicable) Date Date Date Adult Household Member (if applicable) Date Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CDI9 y /1� Facility Improvements Page 39 y A. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s) constitutes) a: ❑ Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/501 of the Very Low Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based upon the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Printed Name B. Household Data Date Title Number of Persons By Race / Ethnicity B r Age Native American Hawaiian or 2 0 5 26-40 41 61 - 62+ Indian Asian Black Other Pac. White Other Islander Hispanic Non - Hispanic NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19-08 Facility Improvements Page 40 O 'Yp EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by established by 2 CFR Part 200, Subpart F —Audit Requirements. This form may be used to monitor Florida Single Audit Act Statute 215.97 re uirements. Subrecipient Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Name Inc. First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DD/YY Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the 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. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. CD19-08 Facility Improvements 06/18 Page 41 O9p FAIN # B -19 -UC -12-0016 Federal Award Date Est. 10/2019 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $180,104 Subrecipient Name Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc, DUNS# 844481478 FEIN 59-1547191 R&D No Indirect Cost Rate No Period of Performance 10/01/2019-09/30/2020 Fiscal Year End 12/31 Monitor End: 12/2020 AGREEMENT BETWEEN COLLIER COUNTY AND LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY, INC. THIS AGREEMENT is made and entered into this day of 20, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and Legal Aid Service of Collier County, Inc. d/b/a Legal Aid Service of Broward County, Inc., ("SUBRECIPIENT"), having its principal office at 4436 Tamiami Trail East, Naples 34112. WHEREAS, the County has entered into an agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (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 2019-2020 for the CDBG Program with Resolution 2019- on June 25, 2019 — Agenda Item ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised the 2019/2020 Annual Action Plan, on May 24, 2019, with a 30 -day Citizen Comment period from May 24, 2019 to June 25, 2019; and Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. 1 LLegalS Legal Services to Victims Page 1 WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking the CDBG PS19-01 Public Services Legal Services to Victims Project. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Public Service - Legal Services to Victims Description of project and outcome: CHS, as an administrator of the CDBG program, will make available FY2019-2020 CDBG funds up to the gross amount of $180,104,00 to Legal Aid to fund: Legal services for victims of domestic violence, sexual assault, dating violence, child abuse and other abuses; and conduct a minimum of four outreach events/seminars. 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this agreement, the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project, excluding Public Service projects. B. The following resolutions and policies must be submitted by SUBRECIPIENT within sixty (60) days of this agreement: ® Affirmative Fair Housing Policy Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy ❑ Procurement Policy ❑ Uniform Relocation Act Policy Sexual Harassment Policy Procedure for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12U.S.C. 794 1 u) Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. PS19-01 n Legal Services to Victims Page 2 a ❑ Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) ® Fraud Policy C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of any reimbursement of funds under this Agreement. 1.2 PROJECT DETAILS A. Project Description/ProjectBudget Description Federal Amount Project Component 1: Funding costs will include but not be limited to the following expenses: Legal Services to Victims $180,104.00 Total Federal Funds: $180,104.00 The Subrecipient will accomplish the following checked project tasks:. ❑ Pay all closing costs related to property conveyance ® Maintain and provide to the County, as requested, beneficiary income certification documentation ® Maintain and provide National Objective Documentation ® Provide Quarterly Reports on National Objective and project progress ® Required attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS. ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation. ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis Bacon Labor Standards ® Comply with Section 3 and maintain documentation ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable affordability period for the project is met B. National Objective The CDBG program funds awarded to Collier County must benefit low -moderate income persons (LMI). As such the Subrecipient shall be responsible for ensuring that all activities and beneficiaries meet the definition of: Legal Aid Service of froward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. PS19-01 Legal Services to Victims Page 3 ?.� ❑ LMA — Low/Mod Area Benefit ® LMC — Low/Mod Clientele Benefit ❑ LMH—Low/Mod Housing Benefit ❑ LMJ — Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons based on HUD determined eligible census tracts. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMC: Must document that at least 51 percent of persons served, are low to moderate income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must have at least 51 percent occupied by LMI households and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Page 4 Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1 agreement agreement execution Insurance Insurance Certificate Within 30 days of agreement execution and Annually within thirty (30) days of renewal Detailed Project Schedule Project Schedule Not Applicable Project Plans and Specifications Site Plans and Specifications Not Applicable Subcontractor Log Subcontractor Log Not Applicable Submission of Progress Report Exhibit C Quarterly within 10 days following the end of the quarter. Final report due 60 days after agreement ends Section 3 Report Quarterly report of new hire Quarterly information Davis -Bacon Act Certified Weekly Certified Payroll Not Applicable Payroll reports, forms and supporting documentation Financial and Compliance Audit Audit, Management Letter and Nine (9) months after FY end Exhibit E for Single Audit OR one Legal Aid Service of Broward County,. Inc. d/b/a Legal Aid Service of Collier County, Inc. PS19-Ol Legal Services to Victims Page 4 D. Payment Deliverables Payment Deliverable Payment Supporting Documentation hundred eighty (180) days after Project Component 1: Funding Submission of monthly invoices and FY end Continued Use Certification Continued Use Affidavit, if Not Applicable to the following expenses: Fund applicable Revenue Plan for maintenance Plan approved by the County Not Applicable and Capital Reserve documentation as requested Program Income Reuse Plan Plan Approved by the County Not Applicable D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Funding Submission of monthly invoices and Submission of costs will include but not limited backup as evidenced by invoice/ monthly invoices. to the following expenses: Fund timesheets/ Payroll Registers/banking legal staff to include 2 Full Time documents/Exhibit B and any additional Equivalent (FTE) Attorney, and I documentation as requested Full Time Equivalent (FTE) Paralegal and associated salary and benefits to provide legal services to victims of domestic 10% retainage request released upon final Following closeout violence, sexual assault, dating monitoring clearance and meeting the monitoring violence, repeat violence, child National Objective abuse, elder abuse, and other abuses Final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. Failure by the subrecipient to achieve the National Objective will require repayment of the CDBG investment under this agreement. 1.3 PERIOD OF PERFORMANCE Services of the Subrecipient shall start on October 1, 2019 and shall end on September 30, 2020. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available (One Hundred Eighty Thousand One Hundred and Four) Dollars ($180,104.00) for use by the SUBRECIPIENT, during the term of the agreement (hereinafter, shall be referred to as the "Funds"). Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and does not signify a change in scope. Fund shifts that exceed 10 percent of the agreement amount shall only be made with Board approval. 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 CHS. Legal Aid service of Broward County, Inc. d/b/a Legal Aid service of Collier County, Inc. Legal s3 Legal services to Victims Pages Oa 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 the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations may 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 after the end of the agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements. Except where disputed for noncompliance, 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." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section (Section 1.5 -Cost Principles) of this agreement, SUBRECIPIENT is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E -Cost Principles. A Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart E and may impose requirements upon the Developer, in order for the COUNTY to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. Legal S1 Legal Services to Victims Page 6 00 1.6 NOTICES Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, 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: Rose Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Rosa. Munoz@colliercountvfl.gov Telephone: (239) 252-5713 SUBRECIPIENT ATTENTION: Jeff Ahren , Director of Development/Pro Bono Coordinator 4436 Tamiami Trail East, Naples, Florida 34112 Email: jahren@le>_alaid.org Telephone: (239) 298-8130 Legal Aid service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. P519-01 Legal Services to Victims Page 7 9 O PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS 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. Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current GRANTEE policy concerning SUBRECIPIENT audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F -Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 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 is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time, upon request by the COUNTY or CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), 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. Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. PS19-01 Legal services to Victims Page 8 D. Upon completion of all work contemplated under this agreement, copies of all documents and records relating to this agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333, with the following exception: if any litigation, claim, or audit is started before the expiration date of the five (5) 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 2 CFR 200.336. The SUBRECIPIENT shall 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 COUNTY. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329 Michael.Cox(i)colliercountyfl.Eov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of 1931, 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. F. SUBRECIPIENT wilt 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 CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. 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 Legal Aid Service of Broward County, Inc. d/b/a Legal Aid service of Collier County, Inc. PS19-01 Legal services to Victims Page 9 @0 determinations, as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes 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 2 CFR 200.336 and 2 CFR 200.337. 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. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180) days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may 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 CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards, as stated, with all other applicable laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. Legal Aid Service of aroward County, Inc. d/b/a Legal Aid service of Collier County, Inc. PS19-01 Legal Services to Victims Page 10 O 2.4 PREVENTION OF FRAUD AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this agreement and to provide for the proper and effective management of all Program and Fiscal activities of the agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent waste, fraud, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract: Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the SUBRECIPIENT, which will require a corrective action plan be submitted to the COUNTY within 15 days following issuance of the report. • Any pay requests that have been submitted to the COUNTY for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, in order to correct the non-compliance issue. 2. If in the case SUBRECIPIENT fails to submit the corrective action plan in a timely manner to the COUNTY, the COUNTY may require a portion of the awarded grant amount be returned to the COUNTY. Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. PS19-01 Legal Services to Victims Page 11 • The COUNTY may require upwards of five percent (5%) of the award amount be returned to the COUNTY, at the discretion of the Board of County Commissioners. • The entity may be denied future consideration as set forth in Resolution No. 2013-228. 3. If in the case SUBRECIPIENT continues to fail to correct the outstanding issue or repeats an issue that was previously corrected and has been informed by the COUNTY of their substantial non-compliance by certified mail; the COUNTY may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, be returned to the COUNTY. • The COUNTY may require upwards often percent (10%) of the award amount be returned to the COUNTY, at the discretion of the Board of County Commissioners. • The SUBRECIPIENT will be considered in violation of Resolution No. 2013- 228. 4. If in the case, after repeated notification, SUBRECIPIENT continues to be substantially non-compliant, the COUNTY may recommend the contract or award be terminated. • The COUNTY will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The SUBRECIPIENT will be required to repay all funds disbursed by the COUNTY for the project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If in the case SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be non-compliant, the above sanctions may be imposed across all awards at the BCC's discretion. 2.6 REPORTS Reimbursement may be contingent upon 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. Legal Aid Service of eroward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. PS19-01 Legal Services to Victims Page 12 During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th 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 including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "C". Exhibit "C" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or 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. Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. PS19-01 Legal Services to Victims Page 13 TO PART III TERMS AND CONDITIONS 3.1 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. 3.2 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; (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the SUBRECIPIENT is required to follow federal procurement; and (4) for Developers, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the funds provided under this agreement. The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement rather than supplant funds otherwise available. 3.3 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 COUNTY 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. u l ►11 111 ► 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 COUNTY'S governing body. Such amendments shall not invalidate this agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under 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 Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. S LLegalS Legal Services to Victims Page 14 LIV activities to be undertaken as part of this agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS 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, or the reduction of funds awarded by HUD to Collier County, to a level, determined by the County Manager, to be insufficient to adequately administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In either 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. 101_ uhl_I_y_ ._ � ►1 To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the 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 there- on. 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 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. 3.7 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 Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. PS19-01 U Legal Services to Victims Page 15 3.8 public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" 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. DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by either the COUNTY 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 COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this agreement: A. 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. B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement. C. Ineffective or improper use of funds provided under this agreement. D. Submission by the SUBRECIPIENT to the COUNTY reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification. F. Failure to materially comply with any terms of this agreement. G. Failure to materially comply with the terms of any other agreement between the COUNTY and the SUBRECIPIENT relating to the project. Legal Aid Service of eroward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. PS19-01 Legal Services to Victims Page 16 oo 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: A. Require specific performance of the agreement, in whole or in part. B. Require the use of, or change in, professional property management. C. Require immediate repayment by SUBRECIPIENT to the COUNTY of all CDBG funds that SUBRECIPIENT has received under this agreement. D. Apply sanctions, if determined by the COUNTY to be applicable. E. Stop all payments, until identified deficiencies are corrected. F. 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. 3.9 REVERSION OF ASSETS In the event of a termination of this 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 property 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 or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until all insurance required, as outlined in Exhibit "A" and 2 CFR 200.310, has been obtained, and said insurance shall be carried, at all times, during SUBRECIPIENT's performance under the agreement. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. PS19-01 Legal Services to Victims Page 17 Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.12 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through 326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Range: Competition Required $0-$3,000 Single uote with documentation $3,000 - $50,000 3 Written Quotes $50,000+ Formal Solicitation ITB, RFP, etc. All improvements specified in Part 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 contracts for improvements with the lowest, responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.13 PROGRAM GENERATED INCOME No Program Income is anticipated. In the event Program Income is derived from the use of CDBG funds disbursed under this agreement, such Program Income shall be utilized by the SUBRECIPIENT for CDBG-eligible activities, approved by COUNTY. 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 accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When program income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program, for further reallocation. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with the COUNTY after the five (5) year continued use period has been met (for public services, "after the expiration of the Agreement"). The continued use period shall commence with the later of the Subrecipient meeting the National Objective or the recording of lien and/or deed restriction documentation). Activities during this closeout period shall include, but are not limited to making final payments, disposing Legal Aid Service of aroward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. PS19-01 a Legal Services to Victims Page 18 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 Part 2.2, 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 that have been advanced or paid must be returned to the COUNTY. Any funds paid exceeding the amount SUBRECIPIENT is entitled to 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. Closeout procedures must take place in accordance with 2 CFR 200.343. 3.15 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. 3.16 OPPORTUNITIES FOR SMALL AND MINORITYIWOMEN 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 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. 3.17 PROGRAM BENEFICIARIES At least 51 percent of the beneficiaries of a project funded through this agreement must be low - and moderate- income persons or presumed to be low- to moderate- income persons based on Legal Aid Service of froward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. PS19-01 Legal services to Victims Page 19 n applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than 30 percent 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 "C" of this agreement. 3.18 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 prior to the award of funds. The Affirmative Action will need to be updated throughout the continued use period and must be submitted to COUNTY within 30 days of update/modification. 3.19 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 SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. 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 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, its employees, or its contractors shall be disclosed, in writing, to CHS 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. Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. PS19-01 Legal Services to Victims Page 20 O9� 3.20 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 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. 3.21 INCIDENT REPORTING If services to clients are to be provided under this agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. 3.22 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. Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. PS19-01 Legal Services to Victims Page 21 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www.eefr.gov/cgi-bin/text-idx?tpl=/eefrbrowsefritle24/24cfr570 main 02. l 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https://www.ecfr.goy/cgi-bin/text-idx?ipl=/ecfrbrowse/Title24/24cfr58_main_02.tp 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended https://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/10 9 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. http://www.hud.gov/offices/fheo/library/huddoistatement.pdf lttps://www.hud.gov/program offfc es/fair_ housing_ equal opp/ReasonableAccommodationsl5 Executive Order 11063 — Equal Opportunity in Housing https://www.hud.goy/ rp ogram_offices/fair housing equal opp/FHLaws/EX011063 Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/codification/executive-order/ 12259.html 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. haps://www.law.cornell.edu/cfr/text/24/part- 107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended https://www.hud.gov/programdescription/title6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/ ddf/CFR-2007-title24-vol3-sec570- 602.pdf 4.7 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. EO 11246: https://www.hud.gov/program_offices/fair_housing equal opp/FHLaws/EX011246 EO 11375 and 12086: see item #8 below Legal Aid Service of froward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. PS19-01 Legal Services to Victims Page 22 O 4.8 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. https://www.hud.goy/prograindescription/title6 4.9 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 Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients 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." 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. Legal Aid service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. PS19-01 Legal Services to Victims Page 23 9 O https://www.hud.gov/sites/documents/DOC_12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.ccfr.izov/cizi-bin/text-idx?c=ecfi tp1=/ecfrbrowse/Title24/24efrl35 main_02.tpl 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.hud.goy/proeram_offices/fair_housing equal opp/FHLaws/109 https://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/E X011063 11246: https://www.dol.gov/ofccp/regs/statutes/col1246.htm 11375: Amended by EO 11478 11478: https://www.archives.aov/federal-register/codification/executive-order/I1478.html 12107: https://www.archives.gov/federal-register/codiftcation/executive-order/12107.htm1 12086: https://www.archives.goy/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.goy/whd/regs/statutes/safe0l.pdf 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5),24 CFR 570.614 Subpart K. Section 504: https://www.epa.izov/civilriizhts/sec504.htm 29 USC 776: https://law.onccic.com/uscodc/29/776.html 24 CFR 570.614: https://www.law.comell.cdu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.hud. og v/hudproprams/eohudap 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.gov/real estate/uniform act/index.cfm 4.15 29 CFR Parts 3 and 5 - Regulations that 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). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States https://www.law.coi-tiell.cdu/cfr/text/29/part-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Homs and Safety Standards Act) Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. PS19-01 Legal Services to Victims Page 24 O https://www.law.corneI1.edLi/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. haps://www.presidency.ucsb.edu/ws/index.phhp?pid=23675 4.16 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. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives.gov/federal-register/codification/executive-order/ 11625.htm1 4.17 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. 24 CFR 570.607: https://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24- vol3-sec570-608.pdf E.O. 13279: http://www.fedggvcontracts.cgm/pe02-96.htm 4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988. https://www.ncbi.nlm.nih.gov/pubmed/12289709 4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cizi-bin/text-idx?ipl=/ecfrbrowse/Titte02/2cfr200 main 02.1n1 4.20 Immigration Reform and Control Act of 1986 https://www.eeoc.gov/eeoc/histoty/35th/thelaw/irca.html 4.21 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. Florida Statutes- https://www.lawserver.com/law/state/florida/statates/florida statutes chapter 112 part iii Collier County- http://www.collicrizov.netthome/showdocument?id=35137 4.22 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 Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. P519-01 Legal Services to Victims Page 25 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. 4.23 Venue -Any suit of 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, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 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 adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District 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. https://www.flsenate.j4ov/Laws/Statutes/2012/44.102 4.25 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www.law.comell.cdu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.law.comell.edu/uscode/text/33/chapter-26 4.26 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. https://www.law.comell.edu/cfr/text/24/570.605 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. hltps://www.gpo. og v/fdsys/granule/CFR- 2000-title24-vo13/CFR-2000-title24-vol3-sec570-608-id 163 Legal Aid. Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. PS19-01 Legal Services to Victims Page 26 4.28 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. https://www.nps.goy/history/local-law/nhpal966.htm httns://www.ccfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800 main 02.tp1 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. hitps://www.nps.goy/history/local-law/nhpal 966.htm 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). httns://www.gpo. ovg /fdsys/granule[USCODE-2009-title4l[USCODE-2009-title41-Chapl0- sec701 4.30 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. hMs://www.law.comell.edu/cfr/textt24/570.609 4.31 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. These requirements are enumerated in 2 CFR 200, et seq. 4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.344, 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. https://www.eefr.gov/cp,i-bin/text- idx?SID=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200 1344&r =div8 4.33 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 Legal Aid Service of Broward County, Inc. d/b/a Legal Aid service of Collier County, Inc. PS19-01 Legal Services to Victims Page 27 O 90 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 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. https://www.gpo.goy/fds} s/jzranule/CFR-1999-title49-voll/CFR-1999-title49-voll-sec24-101 hLtps://www. gpo.gov/fd5ys/granule/CFR-2012-title24-vol3/CFR-2012-title24-vo13-sec570-505 4.34 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. http://www.leg.state.fl.us/Statutes/index.cfm?App mode --Display Statute&Search String=&UR L=0200-0299/0287/Sections/0287.133.html 4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. https://www. sg a.gov/portal/content/104877 4.37 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.govreps.com/regulations/eVand/title24 part5 subpartA section5.106 4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. PS19-01 Legal Services to Victims Page 28 T be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701 x, per 24 CFR 5.111. https://www.eefr.gov/cgi-bin/text- idx?SID=e339ece9fdfd I479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6 httns://www.law.comell.edu/cfr/text/24/5.111 4.39 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with atl nondiscrimination and fair housing requirements. haps://www.federalre tg ster.gov/documents/2016/11/16/2016-25888/violence-against-women- reauthorization-act-of-2013 -implementation-in-hud-housingprograms 4.40 Any rule or regulation determined to be applicable by HUD. 4.41 Florida Statutes 713.20, Part 1, Construction Liens https://www.leg.state.fl.us/Statutes/index.cfm?App mode --Display Statute&URL=0700- 0799/0713/0713.html 4.42 Florida Statutes 119.021 Records Retention http://www.leg.state.fl.us/Statutes/index.cftn?App n?App mode --Display Statute&URL=0100- 0199/0119/Sections/0119.021. htm I 4.43 Florida Statutes, 119.071, Contracts and Public Records http://www.leiz.state.fl.us/Statutes/index.cfm?App mode—Display Statute&URL=0100- 0199/0119/Sections/0119.021.html (Signature Page to Follow) Legal Aid service of Froward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. PS19-01 Legal Services to Victims Page 29 O IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have oaoh respectively, by an authorized person or agent, hereunder set their hands and seals.4n the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF CRYSTAL K. IGNZEL, CLERIC COLLIER COUNTY, FLORIDA By; Deputy Cietie WILLIAM L. McDANIEL, JR,, CHAIRMAN Date; LEGAL AID SERVICE OF BROyyARD COUNTY, Dated: INC: d/b/a LEGAL AID SERVICE OF COLLIER (SEAL) COUNTY, INC. TFI J: ,EXECUTIVE DIRECTOR Date;_ Approved as to form and legality;, Jena orA, Belpe Assistant County A _omey, �\\ Date: 5/30// 9 Legal Aid Service of ceoCounty, Inc. Page 30 tlLegal Aid Service off Co Collier County, Inc. 6d� PS1S79-01 Legal Services to Victims PART V EXHIBITS INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 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. 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. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT 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 Legal Aid Service of Broward County, Inc. d/b/a Legal Aid service of Collier County, Inc PS19-01 Legal Services to Victims Page 31 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 proposes (including rehabilitation). OPERATION/MANAGEMENT PHASE OF 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. 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 structures) 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 Service of Broward County, Inc. d/b/a Legal Aid service of Collier County, Inc. PS19-n1 Legal Services to Victims Page 32 EXHIBIT B COLLIER COUNTY COMMUNITY & IIUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. Subrecipient Address: 4436 Tamiami Trail East, Naples, FL 34112 Project Name: Legal Services to Victims Project No: PSI 9-01 IDIS# Payment Request # Total Payment Minus Retainage Period of Availability: 10/1/19 through 09/30/20 Period for which the Agency has incurred the indebtedness through SECTION H: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Submitted on this Account 3. Total Grant Amount Awarded Less Sum of Past Claims Submitted on this Account 4. Amount of Today's Request 5. 10% Retainage Amount Withheld (if applicable) 6. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) 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 as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) Legal Aid service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. P519-01 Legal services to Victims Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) Page 33 E) EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA GENERAL -Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance Reports. The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Agency Name: Legal Aid Service of Broward County, Date: Inc. d/b/a Legal Aid Service of Collier County Inc. Project Title: Facility Improvements IDIS #: Program Contact: Jeff Ahren — Telephone Number: (239) 298-8130 Activity Reporting Period Report Due Date October I't— December 31It Januar 10' Janu 1st—March 3151 April 10"I April I s'— June 30" jUly IOut July 1st— September 30w October 10' REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/19 3/31/20 6/30/20 9/30/20 Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly report must include cumulative data beginning from the start of the program year October 1, 2019. 1. Please list the outcome goal(s) from your approved application and subrecipient agreement and indicate your progress in meeting those goals since October 1, 2019. for this etied? La. Outcome Goals: list the outcome goal(s) from your approved application and subreci ient agreement Section 108 Loan Guarantee $ CDBG Outcome 1: Delivery of legal services to victims. Other Consolidated Plan Funds $ Outcome 2: Documentation of 150 Low -Moderate Income/LMC persons served who are victims of domestic violence, sexual assault, dating violence, child abuse, and other abuses (duplication of clients is permitted to allow for continuity of services). $ Outcome 3: Delivery of a minimum of four outreach seminars/events. Other Federal Funds $ b. Goal Progress: Indicate the progress to date in meeting each outcome goal. $. Outcome 1: $ Outcome 2: Total Entitlement Funds $ Outcome 3: [727 Is this project still in compliance with the original project schedule: Yes No If No, Explain: 3. Since October 1, 2019; of the persons assisted, how many... Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing) to this service or benefit? 0 b. ...now have 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 did the subreci fent apply for this etied? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ FSG $ $. HOPWA $ $ Total Entitlement Funds $ Legal Aid service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. P519-01 Legal services to Victims Page 34 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/ethnicity, and income data are reported by persons. For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the number of persons in the household. 7. a. Total No. Persons/Adults served MC 0 Total No, persons served under 18 (LMC) 0 YTD Total 0 YTD Total 0 Quarter Total No. of Persons 0 Quarter Total No. of Persons 0 a Presumed Benefit Activities On LMC TR b Presumed Benefit Activities Only LMC YTD ELI 0 Abused Children b. Total No. of Households served 0 Total No. of female head of household (LMH) 0 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethnicity and income data are reported by persons. 7. a. Total No. Persons/Adults served 0 Total No Persons served under 18 (LMC) 0 LMC YTD Total: 0 YTD Total 0 b. Total No. Households served LMH 0 Total No. female head of household (LMH) 0 YTD Total 0 YTD Total 0 8. Complete EITHER question 7 or 8, NOT both r Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories 7. PRESUMED BENEFICIARY DATA ONLY: (LMC) Quarter PRESUMED BENEFICIARY DATA ONLY LMC YTD Indicate the total number of UNDUPLICATED persons served thisua atter who fall into each presumed benefit category (the total should equal the total in question Ma or 6b): Indicate the total number of UNDUPLICATED persons served since October 1 who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total uestion #6): a Presumed Benefit Activities On LMC TR b Presumed Benefit Activities Only LMC YTD ELI 0 Abused Children ELI b 0 Abused Children ELI 0 Homeless Person ELI 0 Homeless Person ELI 0 Migrant Farm Workers LI 0 Migrant Farm Workers LI 0 Battered Spouses LI 0 Battered Spouses LI 0 Persons w/HIV/AIDS LI 0 Persons w/HIV/AIDS LI 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely Disabled Adults LI 0 Severely Disabled Adults LI 0 Quarter Total 0 YTD Total 8. Complete question 8a and 8b if any client in vour Dro am does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total uestion #6): in Indicate the total number of UNDUPLICATED persons served since October 1 (YTD) who fall into each income category (the total should equal the total in question #6): a ELI Extremely Low Income (0-300/.) 0 b ELI Extremely Low Income (0-30%) 0 LI Low Income (31-50%) 0 LI Low Income 0 MOD Moderate Income (51-80%) 0 MOD Moderate Income (51-80%) 0 NON- L/M Above Moderate Income (>80%) 0 NON- UM Above Moderate Income (>80%) 0 Quarter Total 0 YTD Total 0 Legal Aid Service of eroward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. 1 LLegal s Legal Services to Victims Page 35 `�^ 9. Racial & Ethnic Data if applicable) Please indicate how many UNDUPLICATED clients served this Quarter 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 to in question 6.question Please indicate how many UNDUPLICATED clients served since October (YTD) 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 in 6. a. RACE ETHNICITY /HISPANIC b. RACE ETHNICITY /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska Native 0 0 NativeHawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific Islander 0 0 Black/African American & White 0 0 Black/African American & White 0 0 American Indian/Alaska Native & 0 0 Black/African American American Indian/Alaska Native & 0 0 Black/African American Other Multi -racial 0 0 Other Multi -racial 0 0 0 0 0 0 Name: Signature: Title: Your typed name here represents your electronic signature Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. PS19-01 Legal Services to Victims Page 36 fir, EXHIBIT D INCOME CERTIFICATION Complete form, and retain appropriate supporting documentation, to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. Effectivo Date; A. Household Information Member Names — All Household Members Relationship Age 1 2 2 4 3 5 4 7 5 8 0.00 6 Total Income from Assets B(b) 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave blank. B(c) 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave blank. B(c) Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. PS19-01 Legal Services to Victims Page 37 40 A. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Benefits / Public Other Salaries Pensions Assistance Income (include tips, Asset commissions, Income bonuses, and overtime) (Enter the 1 greater of 2 box B(b) or 3 box B(c), in above, 4 box C(e) 5 below) 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a) through C(e). 0.00 This amount is the Annual Anticipated Household Income. B. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. Uwe certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty ofperjury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083. Signature of Head of Household Signature of Spouse or Co -Head of Household Adult Household Member (if applicable) Adult Household Member (if applicable) Date Date Date Date Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. PS19-01 Legal services to Victims Page 38 .'Ln A. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: ❑ Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/50' of the Very Low Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the areamedian income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ 1. Based upon the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Printed Name B. Household Data Date Title Number of Persons By Race / Etbnicity B r Age Native American Hawaiian or 0-25 26-40 41-61 62+ Indian Asian Black Other pac. White Other Islander Hispanic Non - Hispanic NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBGprogram. Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. PS19-01 Legal Services to Victims Page 39 EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by established by 2 CFR Part 200, Subpart F —Audit Requirements. This form may be used to monitor Florida Single Audit Act Statute 215.97 requirements. Subrecipient Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Name Inc. First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DD/YY Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the 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. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/18 Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County, Inc. PS19-01 Legal Services to Victims Page 40 FAIN # B -19 -UC -12-0016 B -18 -UC -12-0016 B -17 -UC -12-0016 Federal Award Date Est. 10/2019 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $75,000 Subrecipient Name United Cerebral Palsy of Southwest Florida, Inc. UCP DUNS# 078476765 FEIN 59-1796622 R&D No Indirect Cost Rate No Period of Performance 10/01/2019-09/30/2020 Fiscal Year End 6/30 Monitor End: 12/2020 AGREEMENT BETWEEN COLLIER COUNTY AND UNITED CEREBRAL PALSY OF SOUTHWEST FLORIDA, INC. THIS AGREEMENT is made and entered into this day of 20� by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and United Cerebral Palsy of Southwest Florida, Inc., (UCP), ("Subrecipient"), having its principal office at 9040 Sunset Drive, Miami, FL 33173. WHEREAS, the County has entered into an agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (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 2019-2020 for the CDBG Program with Resolution 2019- on June 25, 2019 — Agenda Item ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised the 2019/2020 Annual Action Plan, on May 24, 2019, with a 30 -day Citizen Comment period from May 24, 2019 to June 25, 2019; and UCP PS19-02 Public Services -Free To Be Me -Transportation Services Page 1 WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the County and Subrecipient wish to set forth the responsibilities and obligations of each in the undertaking the CDBG PS 19-02 UCP Free to Be Me — Transportation Project. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART SCOPE OF WORK The Subrccipient shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Public Service- Free to Be Me Description of project and outcome: CHS as an administrator of the CDBG program will make available CDBG FY2019-2020 funds up to the gross amount of $75,000 to United Cerebral Palsy of Southwest Florida, Inc. (UCP) to be used to support salaries for staff and drivers to transport persons with disabilities. Activities will include but not be limited to: transportation and expanded services for adult persons with disabilities to and from residence, facility and social/community integration and inclusion outings 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this agreement, the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project, excluding Public Service projects. B. The following resolutions and policies must be submitted by the SUBRECIPIENT within sixty (60) days of this agreement: ® Affirmative Fair Housing Policy ® Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy ❑ Procurement Policy ❑ Uniform Relocation Act Policy 0 Sexual Harassment Policy UCP P519-02 Public Services -Free To Be Me -Transportation Services Page 2 ® Procedure for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12U.S.C. 794 1 u) ❑ Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) ® Fraud Policy C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of any reimbursement of funds under this Agreement. 1.2 PROJECT DETAILS A. Project Description/Project Budget Public Services - Free to Be Me Federal Amount Project Component 1: CDBG funds are to support salaries for staff and drivers to $75,000 transport persons with disabilities. Activities will include but not be limited to: transportation services throughout the week and may include weekends for adult persons with disabilities allowing them to access vital Life Skills, community inclusion events, employment training, day training, medical appointments, wellness activities, prescription pickup, shopping, and other vital activities for daily living. *Beneficiaries may be transported to various sites to enhance their life learning and social skills Total Federal Funds: $75,000 The Subrecipient will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ® Maintain and provide to the County, as requested, beneficiary income certification documentation Maintain and provide National Objective Documentation ® Provide Quarterly Reports on National Objective and project progress ® Required attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS. ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation. ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis Bacon Labor Standards ® Comply with Section 3 and maintain documentation UCP P519-02 Public Services -Free To Be Me -Transportation Services Page 3 ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable affordability period for the project is met B. National Objective The CDBG program funds awarded to Collier County must benefit low -moderate income persons (LMI). As such the Subrecipient shall be responsible for ensuring that all activities and beneficiaries meet the definition of: ❑ LMA — Low/Mod Area Benefit ® LMC — Low/Mod Clientele Benefit ❑ LMH — Low/Mod Housing Benefit ❑ LMJ — Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons based on HUD determined eligible census tracts. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMC: Must document that at least 51 percent of persons served, are low to moderate income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must have at least 51 percent occupied by LMI households and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty (60) days of (Section 1.1) agreement agreement execution Insurance Insurance Certificate Within 30 days of agreement execution and Annually within thirty 30 days of renewal Detailed Pro ect Schedule Project Schedule Not Applicable Project Plans and Specifications Site Plans and Specific ons Not Applicable UCP P519-02 Public Services -Free To Be Me -Transportation Services Page CA Subcontractor Log Subcontractor Log Not Applicable Submission of Progress Report Exhibit C Quarterly within 10 days funds are to support salaries for be provided as backup as evidenced by following the end of the quarter. staff and drivers to transport invoice/Timecards/Payroll Final report due 60 days after persons with disabilities Registers/Summary/driver logs/canceled agreement ends Section 3 Report Quarterly report of new hire Quarterly limited to: transportation services information Davis -Bacon Act Certified Weekly Certified Payroll Not Applicable Payroll reports, forms and supporting persons with disabilities allowing documentation Following close out Financial and Compliance Audit Audit, Management Letter and Nine (9) months after FY end Community and Life Skills Exhibit E for Single Audit OR one inclusion events, employment hundred eighty (180) days after training, medical appointments, FY end Continued Use Certification Continued Use Affidavit, if Not Applicable pickup, shopping, day treatment, applicable Revenue Plan for maintenance Plan approved by the County Not Applicable and Capital Reserve Program Income Reuse Plan Plan Approved by the County Not Applicable D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: CDBG Submission of supporting documents must Submission of funds are to support salaries for be provided as backup as evidenced by monthly invoices. staff and drivers to transport invoice/Timecards/Payroll persons with disabilities Registers/Summary/driver logs/canceled Activities will include but not be checks or banking documents/Exhibit B limited to: transportation services and any additional documentation as throughout the week and may requested. include weekends for adult persons with disabilities allowing 10% retainage released upon final Following close out them to access vital Social, monitoring clearance and meeting the monitoring Community and Life Skills National Objective inclusion events, employment training, medical appointments, wellness activities, prescription pickup, shopping, day treatment, and other vital activities *Beneficiaries may be transported to various sites to enhance their life learning skills Final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. Failure by the subrecipient to achieve the National Objective will require repayment of the CDBG investment under this agreement. UCP PS19-02 Public Services -Free To Be Me -Transportation Services Page CAO 1.3 PERIOD OF PERFORMANCE Services of the Subrecipient shall start on October 1, 2019 and shall end on September 30, 2020. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available (Seventy -Five Thousand) Dollars ($75,000.00) for use by the SUBRECIPIENT, during the term of the agreement (hereinafter, shall be referred to as the "Funds"). Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and does not signify a change in scope. Fund shifts that exceed 10 percent of the agreement amount shall only be made with Board approval. 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 CHS. 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 the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations may 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 after the end of the agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements. Except where disputed for noncompliance, 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." UCP PS19-02 Public Services -Free To Be Me- Transportation Services Page CAS 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section (Section 1.5 -Cost Principles) of this agreement, SUBRECIPIENT is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E -Cost Principles. A Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart E and may impose requirements upon the Developer, in order for the COUNTY to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. 1.6 NOTICES Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, 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: Rose Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Rosa.Munoznacolliercountyfl.gov Telephone: (239) 252-5713 SUBRECIPIENT ATTENTION: Kirk Zaremba and Cassy Beaver United Cerebral Palsy of Southwest Florida, Inc. 9040 Sunset Drive Miami, FL 33173 Email:kzaremba a,sunrise rg_oup.org cassandrabeaver(a sunrisegroup.org Telephone: (305)-273-3055 & (239)-643-5338 Ext 101 UCP P519-02 O Public Services -Free To Be Me -Transportation Services Pagel 6'J PART H GRANT CONTROL REQUIREMENTS 2.1 AUDITS 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. Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current GRANTEE policy concerning SUBRECIPIENT audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F -Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to determine compliance with the requirements of this agreement, the CDBG Program, and all other applicable taws and regulations. This documentation shall include, but is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time, upon request by the COUNTY or CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), 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. UCP PS19-02 Public Services -Free To Be Me -Transportation Services Page 8 b D. Upon completion of all work contemplated under this agreement, copies of all documents and records relating to this agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333, with the following exception: if any litigation, claim, or audit is started before the expiration date of the five (5) 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 2 CFR 200.336. The SUBRECIPIENT shall 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 COUNTY. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329 Michael.Cox(a)colliercountyfl.Eov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of 1931, 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. F. 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 CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. 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 UCP PS19-02 Public Services -Free To Be Me -Transportation Services Page b determinations, as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes 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 2 CFR 200.336 and 2 CFR 200.337. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180) days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may cavy 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 CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards, as stated, with all other applicable laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 PREVENTION OF FRAUD AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this agreement and to provide for the proper and effective management of all Program and Fiscal activities of the agreement. SUBRECIPIENT's internal control systems and all transactions and UCP PS19-02 Public Services -Free To Be Me -Transportation Services Page 10 d� other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent waste, fraud, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: Initial non-compliance may result in Findings or Concerns being issued to the SUBRECIPIENT, which will require a corrective action plan be submitted to the COUNTY within 15 days following issuance of the report. • Any pay requests that have been submitted to the COUNTY for payment will be held until the corrective action plan has been submitted. CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, in order to correct the non-compliance issue. 2. If in the case SUBRECIPIENT fails to submit the corrective action plan in a timely manner to the COUNTY, the COUNTY may require a portion of the awarded grant amount be returned to the COUNTY. The COUNTY may require upwards of five percent (5%) of the award amount be returned to the COUNTY, at the discretion of the Board of County Commissioners. • The entity may be denied future consideration as set forth in Resolution No. 2013-228. UCP PS19-02 Public Services -Free To Be Me -Transportation Services Page 11 j 3. If in the case SUBRECIPIENT continues to fail to correct the outstanding issue or repeats an issue that was previously corrected and has been informed by the COUNTY of their substantial non-compliance by certified mail; the COUNTY may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, be returned to the COUNTY. • The COUNTY may require upwards often percent (10%) of the award amount be returned to the COUNTY, at the discretion of the Board of County Commissioners. • The SUBRECIPIENT will be considered in violation of Resolution No. 2013- 228. 4. If in the case, after repeated notification, SUBRECIPIENT continues to be substantially non-compliant, the COUNTY may recommend the contract or award be terminated. • The COUNTY will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The SUBRECIPIENT will be required to repay all funds disbursed by the COUNTY for the project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If in the case SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be non-compliant, the above sanctions may be imposed across all awards at the BCC's discretion. 2.6 REPORTS Reimbursement may be contingent upon 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 10th 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 including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "C". Exhibit "C" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or UCP PS19-02 Public Services -Free To Be Me -Transportation Services Page 12 Ov0 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. UCP PS19-02 Public Services -Free To Be Me -Transportation Services Page 13 ��7 PART III I Y DI t7iLk�I\0 3.1 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. 3.2 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; (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the SUBRECIPIENT is required to follow federal procurement; and (4) for Developers, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the funds provided under this agreement. The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement rather than supplant funds otherwise available. 3.3 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 COUNTY 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. 3.4 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 COUNTY'S governing body. Such amendments shall not invalidate this agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under 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 UCP PS19-02 Public Services -Free To Be Me - Transportation Services Page 14 Oy0 activities to be undertaken as part of this agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS 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, or the reduction of funds awarded by HUD to Collier County, to a level, determined by the County Manager, to be insufficient to adequately administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In either 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. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the 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 there- on. 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 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. 3.7 GRANTEE RECOGNITION/SPONSORSIIIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports, and similar UCP PS19-02 Public Services -Free To Be Me -Transportation Services Page 15 91 public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: G°FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" 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. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by either the COUNTY 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 COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this agreement: A. 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. B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement. C. Ineffective or improper use of funds provided under this agreement. D. Submission by the SUBRECIPIENT to the COUNTY reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification. F. Failure to materially comply with any terms of this agreement. G. Failure to materially comply with the terms of any other agreement between the COUNTY and the SUBRECIPIENT relating to the project. UCP PS19-02 Public Services -Free To Be Me -Transportation Services Page 16 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: A. Require specific performance of the agreement, in whole or in part. B. Require the use of, or change in, professional property management. C. Require immediate repayment by SUBRECIPIENT to the COUNTY of all CDBG funds that SUBRECIPIENT has received under this agreement. D. Apply sanctions, if determined by the COUNTY to be applicable. E. Stop all payments, until identified deficiencies are corrected. 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. 3.9 REVERSION OF ASSETS In the event of a termination of this 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 property 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 or property, as the COUNTY may deem necessary. Regulations regarding real properly are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until all insurance required, as outlined in Exhibit "A" and 2 CFR 200.310, has been obtained, and said insurance shall be carried, at all times, during SUBRECIPIENT's performance under the agreement. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and UCP PS19-02 Public Services -Free To Be Me -Transportation Services Page 17 0 Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.12 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through .326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Range: Competition Required $0-$3,000 Single Quote with documentation $3,000 - $50,000 3 Written Quotes $50,000+ Formal Solicitation ITB, RFP, etc. All improvements specified in Part 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 contracts for improvements with the lowest, responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.13 PROGRAM GENERATED INCOME No Program Income is anticipated. In the event Program Income is derived from the use of CDBG funds disbursed under this agreement, such Program Income shall be utilized by the SUBRECIPIENT for CDBG-eligible activities, approved by COUNTY. 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 accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When program income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program, for further reallocation. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed.. The SUBRECIPIENT may close out the project with the COUNTY after the five (5) year continued use period has been met (for public services, "after the expiration of the Agreement"). The continued use period shall commence with the later of the Subrecipient meeting the National Objective or the recording of lien and/or deed restriction documentation). Activities during this closeout period shall include, but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, program income UCP PS19-02 Public services -Free To Be Me -Transportation Services Page 18 Od) balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, 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 that have been advanced or paid must be returned to the COUNTY. Any funds paid exceeding the amount SUBRECIPIENT is entitled to 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. Closeout procedures must take place in accordance with 2 CFR 200.343. 3.15 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. 3.16 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 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. 3.17 PROGRAM At least 51 percent of the beneficiaries of a project funded through this agreement must be low - and moderate- income persons or presumed to be low- to moderate- income persons based on applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If UCP PS19-02 Public Services -Free To Be Me -Transportation Services Page 19 0 the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than 30 percent 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 "C" of this agreement. 3.18 AFFIIZMATIVE 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 prior to the award of finds. The Affirmative Action will need to be updated throughout the continued use period and must be submitted to COUNTY within 30 days of update/modification. 3.19 CONFLICT OF INTE RE, 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 SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. 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 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, its employees, or its contractors shall be disclosed, in writing, to CHS 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. UCP PS19-02 Public Services -Free To Be Me - Transportation Services Page 20 9 3.20 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 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. 3.21 INCIDENT REPORTING If services to clients are to be provided under this agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. 3.22 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. UCP PS19-02 Public Services -Free To Be Me -Transportation Services Page 21 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www.ecfr.goy/cizi-bin/text-idx?ip l=/ecfrbrowse/Title24/24cfr570_main_02.1p 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https://www.ecfr.gov/cgi-bin/text-idx?ipl=/ecfrbrowse/Titic24/24cfr58_main_02.tp1 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended https://portal.hud.gov/hudportal/HUD?src=/program offices/fair_ housing_ equal opp/FHLaws/10 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. http://www.hud.gov/offices/fheo/library/huddoistatement.odfittDs://www.hud.izov/program offic es/fair_ housing_ equal opp/ReasonableAccommodationsl5 Executive Order 11063 —Equal Opportunity in Housing https://www.hud.gov/program offices/fair housing equal opp/FHLaws/EX011063 Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https://www. archives. gov/federal-reizister/cod ification/executive-order/ 12259. html 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.0 https://www.law.comell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended https://www.hud.gov/proizramdescription/titic6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vola-sec570- 602.pdf 4.7 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. EO 11246: https://www.hud.tzov/program offices/fair housing equal opp/FHLaws/EX011246 EO 11375 and 12086: see item #8 below UCP PS19-02 Public Services -Free To Be Me -Transportation Services Page 22 da\J 4.8 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. hLtps://www.hud.jzoy/propramdescription/title6 4.9 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 14UD 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 Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients 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." 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. UCP PS19-02 Public Services -Free To Be Me -Transportation Services Page 23 https://www.hud.pov/sites/documents/DOC_12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.ecfr.gov/cni-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24efrl35_main 02.tpl 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.hud. og_y/propram_offices/fav housing equal opp/FHLaws/109 https://portal.hud.govlhudportal/HLID?src=/program offices/fair housing equal opp/FHLaws/E X011063 11246: https://www.dol.gov/ofccp/rens/statutes/eol 1246.htm 11375: Amended by EO 11478 11478: https://www.archives.goy/federal-register/codification/executive-order/l1478.html 12107: https://www.archives.izov/federal-register/codification/executive-order/12107.html 12086: https://www.archives.goy/federal-register/codification/executive-order/12086.htm1 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. hLtps://www.dol.gov/whd/regs/statutes/safe0l.p 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/civilrights/sec504.htm 29 USC 776: https://law.onecle.coin/uscode/29/776.htm1 24 CFR 570.614: https://www.law.comell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.hud. ovg /hudprograms/eohudgp 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.lhwa.dot.gov/real estate/uniform act/index.cfm 4.15 29 CFR Parts 3 and 5 - Regulations that 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). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States https://www.law.comell.cdu/cfr/text/29/part-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) UCP PS19-02 Public Services -Free To Be Me -Transportation services Page 24 OtlO hftps://www.law.comefl.edu/cfr/textt29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. httos://www.presidency.ucsb.edu/ws/index.phhp?pid=23675 4.16 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. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. httos://www.archives.gov/federal-register/codification/executive-order/i 1625.html 4.17 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. 24 CFR 570.607: httos://www.gpo.r4ov/fdsys/pkg/CFR-2010-titte24-vol3/pdf/CFR-2010- title24- vol3-sec570-608.ndf E.O. 13279: httn://www.fedgoycontracts.com/pe02-96.htm 4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988. https://www.ncbi.nlm.nih.govL/pttbmed/12289709 4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. httos://www.ecfr.gov/cizi-bin/text-idx?ipl=/ecfrbrowse/Title02/2cfr200 main 02.tn1 4.20 Immigration Reform and Control Act of 1986 https://www.ecoc.goy/ecoc/histoDL/35th/flielaw/irca.html 4.21 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 Ill, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- httas://www.lawserver.coin/law/state/florida/statutes/florida statutes chapter 112 part iii Collier County- http://www.colliergov.net/home/showdocument?id=35137 4.22 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 UCP PS19-02 Public Services -Free To Be Me -Transportation services Page 25 0 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. 4.23 Venue -Any suit of 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, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this agreement to resolve disputes between the patties, 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 adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District 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. https://www.flsenate.,gov/Laws/Statutes/2012/44.102 4.25 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. httns://www. law.corilell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.law.comell.edu/uscode/text/33/chapter-26 4.26 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. https://www.law.comell.edu/cfr/text/24/570.605 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.eov/fdsys/granule/CFR- 2000-title24-vol3/CFR-2000-title24-vol3-sec570-608-id 163 UCP PS19-02 Public Services -Free To Be Me -Transportation Services Page 26 0 4.28 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. https://www.Lips.go,v/histo!y/local-law/nhpal966.htm l966.htm https://www.ecfr.gov/cai-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title36/36efr800 main 02.tpI 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. https://www.nps.goy/history/local-14w/nhpal966.htm 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). https://www.gpo.gov/fdsys/granule[USCODE-2009-title4l/USCODE-2009-title4l-chap 10- sec701 4.30 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 SUBRECBPIENT 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. httns://www.law.cornell.edu/cfr/text/24/570.609 4.31 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. These requirements are enumerated in 2 CFR 200, et seq. 4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT' S fiscal year. Per 2 CFR 200.344, 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. httns: //www. ecfr. gov/c gi-bin/text- idx?SID=5a78addeff1Ja535e83fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8 4.33 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 UCP PS19-02 Public Services -Free To Be Me -Transportation Services Page 27 0 d 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 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. h-qs://www.gpo.goy/fdsys/pranule/CFR-1 999-title49-voll/CFR-1999-title49-voll-sec24-1 01 https://www. gpo. gov/fdsys/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505 4.34 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. http://www.leg.state.fl.us/Statutes/iiidex.cfm?App mode=Dis lalav Statute&Search String=&UR L=0200-0299/0287/Sections/0287.133.html 4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. https://www.gsa.goy/portal/content/104877 4.37 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.izovreg,s.com/regulations/expand/title24 part5 subpartA section5.106 4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall UCP PS19-02 Public Services -Free To Be Me -Transportation Services Page 28 0 be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. https://www.ecfr. izov/cgi-bin/text- idx?SID=e33 9ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn—div6 https://www.law.comell.edu/cfr/textt24/5.111 4.39 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federalregister. gov/documents/2016/ 11/16/2016-25888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing-procrams 4.40 Any rule or regulation determined to be applicable by HUD. 4.41 Florida Statutes 713.20, Part 1, Construction Liens https://www.lee.state.fl.us/Statutes/index.cfm?App mode—Display Statute&URL=0700- 0799/0713/0713.html 4.42 Florida Statutes 119.021 Records Retention http://www.icg.state.fl.us/Statutes/iiidex.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.021.html 4.43 Florida Statutes, 119.071, Contracts and Public Records http://www.teg.state.fl.us/Statutes/index.cfin?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.021.html (Signature Page to Follow) UCP PS19-02 Public Services -Free To Be Me -Trans portationServices Page 29 OdO co IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an t? authorized person or agent, hereunder set their hands and seals on the date first written above. 6 x m 0 m o - ATTEST: BOARD OF COUNTY COMMISSIONERS OF CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA , Deputy Clerk By: WILLIAM L. McDANIEL, JR., CHAIRMAN Date: UNITED CEREBRAL PALSY. OF SOUTHWEST Dated: FLORIDA, INC. (SEAL) By: JOHN KEL HER, CFO -SECRETARY/ TREASUR Date:AM4 Vb,l 2-0 ICA Appt�ved as to form and legality: Jennifer A. Belpedi Assistant County towy a 5 1�1P Date: 5/30 11 / UCP PS19-02 Public Services -Free To Be Me -Transportation Services Page 30 91 PART V EXIMITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 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. 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. 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. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT 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 UCP PS19-02 Public Services -Free To Be Me -Transportation Services Page 31 Me 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 than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 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. UCP PS19-02 Public Services -Free To Be Me - Transportation Services Page 32 EXIIIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: United Cerebral Palsy of Southwest Florida, Inc. (UCP) Subrecipient Address: 9040 Sunset Drive Miami FL 33173 Project Name: Free to Be Me -Transportation Program Project No: PS19-02 IDIS# Total Payment Minus Retainage Period of Availability: 10/1/2019 through 09/30/2020 Payment Request # Period for which the Agency has incurred the indebtedness through SECTION H: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Submitted on this Account 3. Total Grant Amount Awarded Less Sum of Past Claims Submitted on this Account 4. Amount of Today's Request 5. 10% Retainage Amount Withheld (if applicable) 6. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) 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 as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) UCP PS19-02 Public Services -Free To Be Me -Transportation Services Page 33 cy EXIIIBIT C QUARTERLY PERFORMANCE REPORT DATA GENERAL -Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance Reports. The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Agency Name: United Cerebral of Southwest FL (UCP) Date: Project Title: Public Services — Free to be Me IDIS #: Transportation Program January 10' Program Contact: Kirk Zaremba and/or Cassy Beaver Telephone Number: (305) 273-3055 and Aril 10th 239 643-5338 Ext 101 Activity Reporting Period Report Due Date October I"—December 315' January 10' January 151— March 315f Aril 10th April I" — June 30" Jul 101" Jul 1s1— September 30' October l01b REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/19 3/31/20 6/30/20 9/30/20 Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly report must include cumulative data beginning from the start of the program year October 1, 2019. 1. Please list the outcome goal(s) from your approved application and subrecipient agreement and indicate your progress in meeting those goals since. October 1, 2019. for this peried? a. Outcome Goals: list the outcome goal(s) from your approved application and subreci ient agreement Section 108 Loan Guarantee $ CDBG Outcome 1: 45 Adult persons with disabilities will benefit fi-om the transportation services. Other Consolidated Plan Funds $ Outcome 2: Maintain staff and drivers to deliver the transportation program. $ Outcome 3: Documentation of National Objective achievement: LMI/LMC Presumed Low Mod Clientele — must document that 51 % of persons served are at low to moderate income. ESG b. Goal Progress: Indicate the progress to date in meeting each outcome goal. $ HOPWA Outcome 1: $ Outcome 2: $ Outcome 3: 2. Is this project still in compliance with the original project schedule: Yes No If No, Ex lain: 3. Since October 1, 2019; of the persons assisted, how many... Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing) to this service or benefit? 0 b. ...now have 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 did the subreci fent apply for this peried? Public Services -Free To Be Me -Transportation Services Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement Funds $ UCP PS19-02 Public Services -Free To Be Me -Transportation Services Page 34 O GQ,O 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/ethnicity, and income data are reported by persons. For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the number of persons in the household. E. a. Total No. Persons/Adults served MC 0 1 Total No. persons served under 18 (LMC) 0 YTD Total 0 YTD Total 0 Quarter Total No. of Persons 0 Quarter Total No. of Persons 0 a Presumed Benefit Activities Onl LMC TR b Presumed Benefit Activities Only (L C) YTD ELI 0 Abused Children b. Total No. of Households served 0 Total No. of female head of household (LMH) 0 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethnicity and income data are reported by persons. E. a. Total No. Persons/Adults served 0 Total No Persons served under 18 (LMC) 0 LMC YTD Total: 0 YTD Total 0 b. Total No. Households served LMH 0 Total No. female head of household (LMH) 0 YTD Total 0 YTD Total 0 8. Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. E. PRESUMED BENEFICIARY DATA ONLY: LMC Quarter PRESUMED BENEFICIARY DATA ONLY MC YTD Indicate the total number of UNDUPLICATED persons served this quarter who fall into each presumed benefit category (the total should equal the total in question Ma or 6b): Indicate the total number of UNDUPLICATED persons served since October 1 who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total uestion #6): a Presumed Benefit Activities Onl LMC TR b Presumed Benefit Activities Only (L C) YTD ELI 0 Abused Children ELI b 0 Abused Children ELI 0 Homeless Person ELI 0 Homeless Person ELI 0 Migrant Farm Workers LI 0 Migrant Farm Workers LI 0 Battered Spouses LI 0 Battered Spouses LI 0 Persons w/HIV/AIDS LI 0 Persons w/HIWAIDS LI 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely Disabled Adults LI 0 Severely Disabled Adults LI 0 Quarter Total 0 YTD Total 8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total uestion #6): in Indicate the total number of UNDUPLICATED persons served since October 1 (YTD) who fall into each income category (the total should equal the total in question #6): a ELI Extremely Low Income (0300%) 0 b ELI Extremely Low Income (0-30%) 0 LI Low Income (31-50%) 0 LI Low Income 0 MOD Moderate Income (51-80%) 0 MOD Moderate Income (51-80%) 0 NON- LIM Above Moderate Income (>800/.) 0 NON- L/M Above Moderate Income (>80%) 0 Quarter Total 0 YTD Total 0 UCP PS19-02 Public Services -Free To Be Me -Transportation Services Page 35 CAO 9. Racial & Ethnic Data if applicable) Please indicate how many UNDUPLICATED clients served this Quarter 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 in qu tion 6.question Please indicate how many UNDUPLICATED clients served since October (YTD) 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 in 6. a. RACE ETHNICITY /HISPANIC b. RACE ETHNICITY /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska Native 0 0 Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific Islander 0 0 Black/African American & White 0 0 Black/Afriem American & White 0 0 American Indian/AlaskaNative & 0 0 Black/African American American Indian/AlaskaNative & 0 0 Black/African American Other Multi -racial 0 0 Other Multi -racial 0 0 0 0 0 0 Name: Signature: Title: Your typed name here represents your electronic signature UCP PS19-02 CAO Public Services -Free To Be Me - Transportation services Page 36 EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete form, and retain appropriate supporting documentation, to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names — All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets 13(b) 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave blank. B(c) UCP P519-02 Public Services -Free To Be Me -Transportation Services Page 37 CAS A. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Benefits / Public Other PS19-02 Salaries Pensions Assistance Income Page 38 CAS (include tips, Asset commissions, Income bonuses, and overtime) (Enter the I greater of 2 box B(b) or 3 box B(c), in above, 4 box C(e) 5 below) 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a) through C(c). 0.00 This amount is the Annual Anticipated Household Income. B. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty ofperjury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083. Signature of Head of Household Signature of Spouse or Co -Head of Household Adult Household Member (if applicable) Adult Household Member (if applicable) Date Date Date Date UCP PS19-02 Public Services -free To Be Me -Transportation Services Page 38 CAS A. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: ❑ Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/50t1i of the Very Low Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based upon the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Printed Name B. Household Data Date Title Number of Persons By Race / Ethnicity By Age Native American Hawaiian or 0— 26— 41— 62+ Indian Asian Black Other Pac. White Other 25 40 61 Islander Hispanic Non - Hispanic NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. UCP PS19-02 Public Services -Free To Be Me -Transportation Services Page 39 GAO EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by established by 2 CFR Part 200, Subpart F —Audit Requirements. This form may be used to monitor Florida Single Audit Act Statute 215.97 requirements. Subrecipient United Cerebral Palsy of Southwest Florida, Inc. (UCP) Name First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DD/YY Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the 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. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement hereby certify that the above information is true and accurate. Signature Date Print Name and Title UCP PS19-02 Public Services -Free To Be Me -Transportation Services 06/18 Page 40 LPA FAIN # B -19 -UC -12-0016 B -18 -UC -12-0016 B -17 -UC -12-0016 Federal Award Date Est. 10/2019 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $75,000 Subrecipient Name Collier County Child Advocacy Council, Inc. (CAC DUNS# 054301671 FEIN 65-0049492 R&D No Indirect Cost Rate No Period of Performance 10/01/2019-09/30/2020 Fiscal Year End 6/30 Monitor End: 12/2020 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY CHILD ADVOCACY COUNCIL, INC. THIS AGREEMENT is made and entered into this day of 20_, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and Collier County Child Advocacy Council, Inc., (CAC), ("Subrecipient"), having its principal office at 1036 6" Avenue North, Naples, FL 34102. WHEREAS, the County has entered into an agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing, and Community Development Act of 1974 (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 2019-2020 for the CDBG Program with Resolution 2019- on June 25, 2019 —Agenda Item ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised the 2019/2020 Annual Action Plan, on May 24, 2019, with a 30 -day Citizen Comment period from May 24, 2019 to June 25, 2019: and CAC PS19-03 Family Safety Program Page 1 N WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the County and Subrecipient wish to set forth the responsibilities and obligations of each in the undertaking the CDBG PS 19-03 Family Safety Program. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART SCOPE OF WORK The Subrecipient shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Public Service -Family Safety Program Description of project and outcome: CHS, as an administrator of the CDBG program, will make available FY2019-2020 CDBG funds up to the gross amount of $75,000 to the Collier County Child Advocacy Council, Inc. (CAC) to fund: Partial salary and benefits of staff to facilitate the Family Safety Program 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this agreement, the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project, excluding Public Service projects. B. The following resolutions and policies must be submitted by the SUBRECIPIENT within sixty (60) days of this agreement: Affirmative Fair Housing Policy Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy ❑ Procurement Policy ❑ Uniform Relocation Act Policy Sexual Harassment Policy CAC PS19-03 Family Safety Program Page 2 6 ® Procedure for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12U.S.C. 794 1 u) ❑ Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) ® Fraud Policy C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of any reimbursement of funds under this Agreement. 1.2 PROJECT DETAILS A. Project Description/Project Budget Family Safety Program Federal Amount Project Component 1: Funding costs will include but not be limited to the following expenses: partial salary and benefits of staff to facilitate the Family Safety program $75,000 Total Federal Funds: $75,000 The Subrecipient will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ® Maintain and provide to the County, as requested, beneficiary income certification documentation ® Maintain and provide National Objective Documentation ® Provide Quarterly Reports on National Objective and project progress Z Required attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS. ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation. ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis Bacon Labor Standards Z Comply with Section 3 and maintain documentation ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable affordability period for the project is met B. National Objective CAC PS19-03 Family Safety Program Page 3 The CDBG program funds awarded to Collier County must benefit low -moderate income persons (LMI). As such the Subrecipient shall be responsible for ensuring that all activities and beneficiaries meet the definition of: ❑ LMA — Low/Mod Area Benefit ® LMC — Low/Mod Clientele Benefit ❑ LMH — Low/Mod Housing Benefit ❑ LMJ — Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons based on HUD determined eligible census tracts. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMC: Must document that at least 51 percent of persons served, are low to moderate income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must have at least 51 percent occupied by LMI households and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMJ; Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1 agreement agreement execution Insurance Insurance Certificate Within 30 days of agreement execution and Annually within thirty 30 da sof renewal Detailed Project Schedule Project Schedule Not Applicable Project Plans and Specifications Site Plans and Specifications Not Applicable Subcontractor Log Subcontractor Log Not Applicable Submission of Progress Report Exhibit C Quarterly within 10 days following the end of the quarter. Final report due 60 days after agreements ends Section 3 Report Quarterly report of new hire Quarterly information CAC 3 Family Family Safety Program Page 4 Davis -Bacon Act Certified Weekly Certified Payroll Not Applicable Payroll reports, forms and supporting Submission of costs will include but not be documentation monthly invoices. Financial and Compliance Audit Audit, Management Letter and Nine (9) months after FY end Fund partial salary and benefits to Exhibit E for Single Audit OR one facilitate the Family Safety hundred eighty (180) days after Program documents/Exhibit B and any additional FY end Continued Use Certification Continued Use Affidavit, if Not Applicable applicable Following closeout Revenue Plan for maintenance Plan approved by the County Not Applicable and Capital Reserve National Objective Program Income Reuse Plan Plan Approved by the County Not Applicable D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Funding Submission of supporting documents Submission of costs will include but not be must be provided as backup, as evidenced monthly invoices. limited to the following expenses: by: invoice(s)/timesheets/Payroll Fund partial salary and benefits to Registers/Summary/banking facilitate the Family Safety Program documents/Exhibit B and any additional documentation as requested 10% retainage request released upon final Following closeout monitoring clearance and meeting the monitoring National Objective Final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. Failure by the subrecipient to achieve the National Objective will require repayment of the CDBG investment under this agreement. 1.3 PERIOD OF PERFORMANCE Services of the Subrecipient shall start on October 1, 2019 and shall end on September 30, 2020. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available (Seventy -Five Thousand) Dollars ($75,000.00) for use by the SUBRECIPIENT, during the term of the agreement (hereinafter, shall be referred to as the "Funds"). Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and does not CAC PS19-03 Family Safety Program Page signify a change in scope. Fund shifts that exceed 10 percent of the agreement amount shall only be made with Board approval. 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 CHS. 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 the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations may 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 after the end of the agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements. Except where disputed for noncompliance, 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." 1.5 COST PRINCH'LES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section (Section 1.5 -Cost Principles) of this agreement, SUBRECIPIENT is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) Iisted under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E -Cost Principles. A Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart CAC PS19-03 Family Safety Program Page 6 CAO E and may impose requirements upon the Developer, in order for the COUNTY to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. 1.6 NOTICES Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, 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: Rose Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Rosa.Munoz@colliercountyfl.gov fl.l.gov Telephone: (239) 252-5713 SUBRECIPIENT ATTENTION: Jacqueline Stephens, CEO 1036 6`h Avenue North Naples, Florida 34102 Email: isteohens@caccollier.org Telephone: (239) 263-8383 Ext 228 CAC PS19-03 Family Safety Program Page 7 PART II GRANT CONTROL RE, QUIREMENTS 2.1 AUDITS 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. Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current GRANTEE policy concerning SUBRECIPIENT audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F -Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 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 is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time, upon request by the COUNTY or CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), 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. CAC PS10-03 Family Safety Program Page 8 D. Upon completion of all work contemplated under this agreement, copies of all documents and records relating to this agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333, with the following exception: if any litigation, claim, or audit is started before the expiration date of the five (5) 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 2 CFR 200.336. The SUBRECIPIENT shall 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 COUNTY. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, Michael.Cox(i,colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of 1931, 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. F. 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 CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. 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 CAC PS19-03 Family Safety Program Page 9 9 O determinations, as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes 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 2 CFR 200.336 and 2 CFR 200.337. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180) days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may 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 CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards, as stated, with all other applicable laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 PREVENTION OF FRAUD AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this agreement and to provide for the proper and effective management of all Program and Fiscal activities of the agreement. SUBRECIPIENT's internal control systems and all transactions and CAC PS19-03 Family Safety Program Page 10 a other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent waste, fraud, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the SUBRECIPIENT, which will require a corrective action plan be submitted to the COUNTY within 15 days following issuance of the report. • Any pay requests that have been submitted to the COUNTY for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, in order to correct the non-compliance issue. 2. If in the case SUBRECIPIENT fails to submit the corrective action plan in a timely manner to the COUNTY, the COUNTY may require a portion of the awarded grant amount be returned to the COUNTY. CAC PS19-03 Family Safety Program • The COUNTY may require upwards of five percent (5%) of the award amount be returned to the COUNTY, at the discretion of the Board of County Commissioners. • The entity may be denied future consideration as set forth in Resolution No. 2013-228. Page 11 3. If in the case SUBRECIPIENT continues to fail to correct the outstanding issue or repeats an issue that was previously corrected and has been informed by the COUNTY of their substantial non-compliance by certified mail; the COUNTY may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, be returned to the COUNTY. • The COUNTY may require upwards often percent (10%) of the award amount be returned to the COUNTY, at the discretion of the Board of County Commissioners. • The SUBRECIPIENT will be considered in violation of Resolution No. 2013- 228. 4. If in the case, after repeated notification, SUBRECIPIENT continues to be substantially non-compliant, the COUNTY may recommend the contract or award be terminated. • The COUNTY will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The SUBRECIPIENT will be required to repay all funds disbursed by the COUNTY for the project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If in the case SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be non-compliant, the above sanctions may be imposed across all awards at the BCC's discretion. 2.6 REPORTS Reimbursement may be contingent upon 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 10th 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 including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "C". Exhibit "C" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or CAC PS19-03 Family Safety Program Page 12 75� 0 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. cnc PS19-03 Family Safety Program Page 13 �n 0 PART III TERMS AND CONDITIONS 3.1 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. 3.2 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; (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the SUBRECIPIENT is required to follow federal procurement; and (4) for Developers, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the funds provided under this agreement. The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement rather than supplant funds otherwise available. 3.3 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 COUNTY 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. Mi ,\uID017uIWilK� 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 COUNTY'S governing body. Such amendments shall not invalidate this agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under 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 CAC PS19-03 Family Safety Program Page 14 n lJJ \' 0 activities to be undertaken as part of this agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS 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, or the reduction of funds awarded by HUD to Collier County, to a level, determined by the County Manager, to be insufficient to adequately administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In either 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. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the 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 there- on. 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 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. 3.7 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 snc P519-03 Family Safety Program Page 15 O od0 3.8 public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" 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. DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by either the COUNTY 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 COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this agreement: A. 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. B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement. C. Ineffective or improper use of funds provided under this agreement. D. Submission by the SUBRECIPIENT to the COUNTY reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification. F. Failure to materially comply with any terms of this agreement. G. Failure to materially comply with the terms of any other agreement between the COUNTY and the SUBRECIPIENT relating to the project. CAC PS19-03 Family Safety Program Page 16 0 d0 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: A. Require specific performance of the agreement, in whole or in part. B. Require the use of, or change in, professional property management. C. Require immediate repayment by SUBRECIPIENT to the COUNTY of all CDBG funds that SUBRECIPIENT has received under this agreement. D. Apply sanctions, if determined by the COUNTY to be applicable. E. Stop all payments, until identified deficiencies are corrected. F. 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. 3.9 REVERSION OF ASSETS In the event of a termination of this 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 property 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 or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until all insurance required, as outlined in Exhibit "A" and 2 CFR 200.310, has been obtained, and said insurance shall be carried, at all times, during SUBRECIPIENT's performance under the agreement. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and CAC PS19-03 Family Safety Program Page 17 O �d� Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.12 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through .326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Range: Competition Required $0-$3,000 Single Quote with documentation $3,000 - $50,000 3 Written Quotes $50,000+ Formal Solicitation ITB, RFP, etc. All improvements specified in Part L 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 contracts for improvements with the lowest, responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.13 PROGRAM GENERATED INCOME No Program Income is anticipated. In the event Program Income is derived from the use of CDBG funds disbursed under this agreement, such Program Income shall be utilized by the SUBRECIPIENTfor CDBG-eligible activities, approved by COUNTY. 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 accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When program income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program, for further reallocation. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with the COUNTY after the five (5) year continued use period has been met (for public services; "after the expiration of the Agreement"). The continued use period shall commence with the later of the Subrecipient meeting the National Objective or the recording of lien and/or deed restriction documentation). Activities during this closeout period shall include, but are not limited to making final payments, disposing CAC PS19-03 Family Safety Program Page 18 n�� 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 Part 2.2, 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 wilt result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated funds that have been advanced or paid must be returned to the COUNTY. Any funds paid exceeding the amount SUBRECIPIENT is entitled to 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. Closeout procedures must take place in accordance with 2 CFR 200.343. 3.15 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. 3.16 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 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. 3.17 PROGRAM BENEFICIARIES At least 51 percent of the beneficiaries of a project funded through this agreement must be low - and moderate- income persons or presumed to be low- to moderate- income persons based on CAC PS19-03 Family Safety Program Page 19 -io applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than 30 percent 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 "C" of this agreement. 3.18 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 prior to the award of funds. The Affirmative Action will need to be updated throughout the continued use period and must be submitted to COUNTY within 30 days of update/modification. 3.19 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 SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. 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 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, its employees, or its contractors shall be disclosed, in writing, to CHS 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. CAC PS19-03 Family Safety Program Page 20 0 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on properly 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 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. 3.21 INCIDENT REPORTING If services to clients are to be provided under this agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. 3.22 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. CAC PS19-03 Family Safety Program Page 21 a PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www.ecfr.izov/cpi-bin/text-idx?tpl=/ecfrbrowse/Titic24/24cfr570 main 02.1p1 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https://www.ecfr.gov/cpi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr58 main 02.1pl 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended haps://portal.hud.izov/hudportal/HUD?src=/proms offices/fair housing equal opp/FHLaws/10 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. http://www.hud.izovlofficeslfheollibrarvlhuddoistatement.udlhttDs://www.hud.aov/urogram offic es/fair housing equal opp/ReasonableAccommodationsl5 Executive Order 11063 — Equal Opportunity in Housing httus://www.hud.goy/program offices/fair housing equal opp/FHLaws/EX011063 Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs httus://www.archives. gov/federal-reeister/codification/executive-order/ 12259.html 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.0 httus://www.law.comell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VHI of the Civil Rights Act of 1968, as amended https://www.hud.gov/proaamdescription/title6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. httus://www.gpo.moy/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- 602.pdf 4.7 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. EO 11246: https://www.hud.goy/program offices/fair housing equal opp/FHLaws/EX011246 EO 11375 and 12086: see item #8 below CAC P519-03 Family Safety Program Page 22 OV'� 4.8 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. https://www.hud.izov/proizramdescription/title6 4.9 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 Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients 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." 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. CAC PS19-03 Family Safety Program Page 23 �t1;� https://www.hud.gov/sites/documents/DOC 12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https•//www ecfrgoy/cgi-bin/text-idx?c=ecfr&ipl=/ecfrbrowse/Title24/24cfr]35 main 02.tpl 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.hud.jzov/propram offices/fair housing_eaual opp/FHLaws/109 b tps•//portal hud ovg /hudportaldRJD?src=/propram offices/fair housing equal opp/FHLaws/E XOl 1063 11246: hAps://www.dol.goy/ofee/regs/statutes/eol1246.htm 11375: Amended by EO 11478 11478: hnps•//www archives.gov/federal-register/codification/executive-order/11478.html 12107: https•//www archives.gov/federal-register/codification/executive-order/12107.html 12086: https•//www archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.poy/whd/rcp—s/statutes/safe0l.pdf 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: hgps://www.epa.gov/civitrijzhts/sec504.htm 29 USC 776: htWs://law.oneele.com/uscode/29/776.htmi 24 CFR 570.614: haps://www.law.comell.edu/cfr/teXY24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.hud. og y/hudproprams/eohudap 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https•//www thwa dot ovg /real estate/uniform act/index.cfm 4.15 29 CFR Parts 3 and 5 - Regulations that 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). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants fiom the United States https://www.law.comell.edu/cfr/text/29/part-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) CAC PS19-03 Family Safety Program Page 24 bJ hitps://www.law.comell.edu/cfr/text/29/Tart-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 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. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. h_ptt s://www.archives.gov/federal-register/codification/executive-order/I1625.html 4.17 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. 24 CFR 570.607: b tps•//www gpo gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24- vol3-sec570-608.pdf E.O. 13279: http://www.fedgovcontracts.com/9e02-96.htm 4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988. https://www.ncbi.nlm.nih.gov/pubmed/12289709 4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. haps://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.1pl 4.20 Immigration Reform and Control Act of 1986 hitps://www.eeoc.jzov/eeoc/history/35th/thelaw/irea.html 4.21 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. Florida Statutes- httns://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii Collier County- http://www.colliergov.net/home/showdocument?id=35137 4.22 Order ofPrecedence - 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 CAC 3 Family Family Safety Program Page 25 d 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. 4.23 Venue -Any suit of 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, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 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 adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District 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. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.25 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https;//www.law.comell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.law.comell.edu/uscode/text/33/chgpter-26 4.26 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. https://www.law.comell.edu/cfr/text/24/570.605 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. hgs://www.gpo.gov/fdsys/granule/CFR- 2000-title24-vola/CFR-2000-title24-vol3-sec570-608-id 163 CAC PS19-03 Family Safety Program Page 26 bJ 4.28 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. https://www.nps.p,ov/history/local-law/nhpal966.htm https://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tp1=/ecfrbrowse/Title36/36cfr800 main 02 tp 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. hLtps://www.nps.gov/history/local-IaK/Ahpal966.htm 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). https://www.gpo.gov/fdUs/granule/USCODE-2009-titte4l/USCODE-2009-title4l-chap l0- sec701 4.30 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 SUBRECIPTENT 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. https://www.law.cornell.edu/cfr/text/24/570.609 4.31 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. These requirements are enumerated in 2 CFR 200, et seq. 4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.344, 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. https://www.ecfr. izoy/cgi-bin/text- idx?SID=5a78addeff 9a535e83fed3010308aef&mc—true&node=se2.1.200 1344&r rg t=div8 4.33 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 CAC PS19-03 Family Safety Program Page 27 by 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 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. https://www.gpo.eov/fdsyslpranule/CFR-1999-title49-voll /CFR-1999-title49-vol l -sec24-101 https://www.gpo. gov/fdsys/granule/CFR-2012-title24-voi3/CFR-2012-title24-vol3-sec570-505 4.34 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. hitp://www.leg.state.fl.us/Statutes/index.efin?App mode=Display Statute&Search String --&UR L=0200-0299/0287/Sections/0287.133.html 4,35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. htips://www.gsa.gov/portal/content/104877 4.37 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.govregs.com/regulations/expand/title24 part5 subpartA section5.106 4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall CAC PS19-03 Family Safety Program Page 28 d J be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. httas://www.ecfr. gov/cizi-bin/text- idx? SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6 https://www.law.comell.edu/cfr/text/24/5.1 11 4.39 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https•//www federalregister gov/documents/2016/11/16/2016-25888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing-programs 4.40 Any rule or regulation determined to be applicable by HUD. 4.41 Florida Statutes 713.20, Part 1, Construction Liens littps://www.leg.state.fl.us/Statutes/index.efin?App mode=Display Statute&URL=0700- 0799/0713/0713.html 4.42 Florida Statutes 119.021 Records Retention http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.02 Lhtml 4.43 Florida Statutes, 119.071, Contracts and Public Records hitp://www.leg.state.fl.us/Statutes/index.cfin?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.021.html (Signature Page to Follow) CAC PS19-03 Family Safety Program Page 29 Off• U IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals oil the date first written above. AT"1'EST: CRYSTAL K. KINZEL, CLERK , Deputy Clerk Dated: (SEAL) Approved as to form and legality: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: WILLIAM L. McDANIEL, JR., CHAIRMAN Date: COLLIER COUNTY CHILD ADVOCACY COUNCIL, INC. _C*� \1 Jennifer A. Belpedio �CY` 1\ Assistant County Attorney 5 Date: S-130119 CAC PS19 03 Family 5afety Program Page 30 ✓ _J PART V EXHIBITS INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 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. 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. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT 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 CAC PS19-03 Family Safety Program Page 31 O d V 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. S. 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. 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. CAC PS19-03 Family Safety Program Page 32 d U EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES REQUEST FOR PAYMENT SECTION 1: REQUEST FOR PAYMENT Subrecipient Name: Collier County Child Advocacy Council, Inc. (CAC) Subrecipient Address: 1036 611' Avenue North, Naples, FL 34102 Project Name: Family Safe tvProgram Project No: PS 19-03 IDIS# Total Payment Minus Retainage Period of Availability: 10/1/2019 through 09/30/2020 Payment Request # Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Submitted on this Account 3. Total Grant Amount Awarded Less Sum of Past Claims Submitted on this Account 4. Amount of Today's Request 5. 10% Retainage Amount Withheld (if applicable) 6. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) 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 as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Division Director (Approval required $15,000 and above) (Approval Required $15,000 and above) CAC PS19-03 Family Safety Program Page 33 Od U EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA GENERAL -Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance Reports. The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Agency Name: Collier County Child Advocacy Council, Inc. CAC Date: Project Title: Public Services — Family Safety Program IDIS #: Program Contact: Jacqueline Stephens, CEO Telephone Number: 239 263-8383, ext 228 Activity Reporting Period Report Due Date October 111—December 3111 January t0"' January 1s1—March 3151 April 10i' April I" — June 30' Jul 10a` Jul I"— September 30'n October 100' REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/19 3/31/20 6/30/20 9/30/20 Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly re ort must include cumulative data beginning from the start of the program year October 1, 2019. 1. Please list the outcome goal(s) from your approved application and subrecipient agreement and indicate your progress in meeting those goals since October 1, 2019. a. Outcome Goals: list the outcome goal(s) from your approved application and subreci fent agreement Family Safety Program Outcome 1: 125 individuals will benefit from the supervised visitation and safe exchange services as evidenced by a final submission of beneficiary count on the quarterly report. CDBG Outcome 2: Document that at least 51% of persons served are low to moderate income households to meet a CDBG LhWLMC National Objective. Outcome 3: b. Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: ESG Outcome 2: Outcome 3: HOPWA $ 2. Is this project still in compliance with the original project schedule: Yes No Total Entitlement Funds If No, Explain: 3. Since October 1, 2019; of the persons assisted, how many... Answer ONLY for Public Facilities & Infi'astructure Activities *03 Matrix Codes a. ...now have new access(continuing) to this service or benefit? 0 b. ...now have 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 did the subreci fent apply for this eriod? Family Safety Program Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement Funds $ cnc PS19-o3 Family Safety Program Page 34 P 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/ethnicity, and income data are reported by persons. For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the number of persons in the household. 7. a. Total No. Persons/Adults served 0 1 Total No. persons served under 18 (LMC) 0 LMC b. Total No. Households served LMH 0 Total No. female head of household (LMI-I) 0 Quarter Total No. of Persons 0 Quarter Total No. of Persons 0 Indicate the total number of UNDUPLICATED persons served since October I who fall into each presumed benefit category (the total should equal the total in question 96a or 61): Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total uestion #6 a Presumed Benefit Activities Ord LMC TR b. Total No. of Households served 0 Total No. of female head of household (LMH) 0 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethnicity and income data are reported by persons. 7. a. Total No. Persons/Adults served 0 Total No Persons served under 18 (LMC) 0 LMC YTD Total: 0 YTD Total 0 b. Total No. Households served LMH 0 Total No. female head of household (LMI-I) 0 YTD Total 0 YTD Total 0 8. Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: LMC Quarter PRESUMED BENEFICIARY DATA ONLY LMC YTD Indicate the total number of UNDUPLICATED persons served thisua arter who fall into each presumed benefit category (the total should equal the total in question 96a or 6b): Indicate the total number of UNDUPLICATED persons served since October I who fall into each presumed benefit category (the total should equal the total in question 96a or 61): Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total uestion #6 a Presumed Benefit Activities Ord LMC TR b Presumed Benefit Activities Only LMC YTD ELI 0 Abused Children ELI 0 0 1 Abused Children ELI 0 Homeless Person ELI 0 Homeless Person ELI 0 Migrant Farm Workers LI 0 Mi ant Farm Workers LI 0 Battered Spouses LI 0 Battered Spouses LI 0 Persons w/HIV/AIDS LI 0 Persons w/HIV/AIDS LI 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely Disabled LI Adults 0 Severely Disabled Adults LI 0 Quarter Total 0 1 YTD Total 8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Ran a Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total uestion #6 in Indicate the total number of UNDUPLICATED persons served since October 1 (YTD) who fall into each income category (the total should equal the total in question 96): a ELI Extremely Low Income (0-30%) 0 b ELI Extremely Low Income (0-30%) 0 LI Low Income (31-50%) 0 LI Low Income 0 MOD Moderate Income (51-800/6) 0 MOD Moderate Income (51-800%) 0 NON- L/M Above Moderate Income (>M/0) 0 NON- L/M Above Moderate Income (>80%) 0 Quarter Total 0 YTD Total 0 CAC PSM -03 Family Safely Program Page 35 y 9. Racial & Ethnic Data if applicable) Please indicate how many UNDUPLICATED clients served this Quarter 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 in uestion 6.question Please indicate how many UNDUPLICATED clients served since October (YTD) 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 in 6. a. RACE ETHNICITY /HISPANIC b. RACE ETHNICITY /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska Native 0 0 Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific Islander 0 0 Black/AfricanAmerican& White 0 0 Black/African American & White 0 0 American Indian/Alaska Native & 0 0 Black/African American American Indian/Alaska Native & 0 0 Black/African American Other Multi -racial 0 0 Other Multi -racial 0 0 0 0 0 0 Name: Signature: Title: Your typed name here represents your electronic signature CAC P619-03 Famllysafety Program Page 36 .a EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete form, and retain appropriate supporting documentation, to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names — All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave blank. B(c) CAC PS19-03 Family Safety Program Page 37 an A. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Benefits / Public Other Salaries Pensions Assistance Income (include tips, Asset commissions, Income bonuses, and overtime) (Enter the I greater of 2 box B(b) or 3 box B(c), in above, 4 box C(e) 5 below) 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 1 0.00 0.00 Enter total of items C(a) through C(c). 0.00 This amount is the Annual Anticipated Household Income. B. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perj ury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083. Signature of Head of Household Signature of Spouse or Co -Head of Household Adult Household Member (if applicable) Adult Household Member (if applicable) Date Date Date Date cnc PS19-03 Family Safety Program Page 38 .a? A. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: ❑ Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/501 of the Very Low Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum htcome Limit $ ). ❑ Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based upon the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Printed Name B. Household Data Date Title Number of Persons By Race / L, thnicity By Age Native American Hawaiian 0 — 26 — 41 — 62+ Indian Asian Black Other Pac. White Other 25 40 61 Islander Hispanic Non - Hispanic NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. CAC PS19-03 a7 Family Safety Program Page 39 EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by established by 2 CFR Part 200, Subpart F —Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subrecipient Collier County Child Advocacy Council, Inc. (CAC) Name First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DD/YY Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has ❑ been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter . are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the 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. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we ❑ understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/18 CAC PS19-03 Family Safety Program Page 40 -� O� FAIN # B -19 -UC -12-0016 Federal Award Date Est. 10/2019 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $45,000 Subrecipient Name The Boys & Girls Club of Collier County, Florida, Inc. BGCCC DUNS# 018696208 FEIN 65-0279110 R&D No Indirect Cost Rate No Period of Performance 10/01/2019-09/30/2020 Fiscal Year End 5/31 Monitor End: 12/2020 AGREEMENT BETWEEN COLLIER COUNTY AND THE BOYS & GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. THIS AGREEMENT is made and entered into this day of 20, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and The Boys & Girls Club of Collier County, Florida, Inc., (BGCCC, ("SUBRECIPIENT"), having its principal office at 7500 Davis Blvd, Naples, FL 334104. WHEREAS, the County has entered into an agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (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 2019-2020 for the CDBG Program with Resolution 2019- on June 25, 2019 — Agenda Item ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised the 2019/2020 Annual Action Plan, on May 24, 2019, with a 30 -day Citizen Comment period from May 24, 2019 to June 25, 2019; and BGCCC PS19-04 Immokalee Transportation Project Page 1 N WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking the CDBG PS 19-04 BGCCC Transportation Project. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Immokalee Transportation Project Description of project and outcome: CHS, as an administrator of the CDBG program, will make available CDBG FY2019-2020 funds up to the gross amount of $45,000 to Boys & Girls Club of Collier County, Florida, Inc. (BGCCC) to fund: Activities include but are not limited to: transportation services, and staffmg for out-of-school youth programs 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this agreement, the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project, excluding Public Service projects. B. The following resolutions and policies must be submitted within sixty (60) days of this agreement: Affirmative Fair Housing Policy ® Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy ® Procurement Policy ❑ Uniform Relocation Act Policy ® Sexual Harassment Policy BGCCC P519-04 Immokalee Transportation Project Page 2 Od ® Procedure for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12U.S.C. 794 1 u) ❑ Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) ® Fraud Policy C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUB RECIPIENT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of any reimbursement of funds under this Agreement. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: Transportation services from school to the organizations' campus to youth neighborhoods for out of school youth development programs $45,000 Total Federal Funds: $45,000 The Subrecipient will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ® Maintain and provide to the County, as requested, beneficiary income certification documentation ® Maintain and provide National Objective Documentation ® Provide Quarterly Reports on National Objective and project progress ® Required attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS. ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation. ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis Bacon Labor Standards ® Comply with Section 3 and maintain documentation ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable affordability period for the project is met B. National Objective BGCCC P519-04 Immokalee Transportation Project Page 3 The CDBG program funds awarded to Collier County must benefit low -moderate income persons (LMI). As such the Subrecipient shall be responsible for ensuring that all activities and beneficiaries meet the definition of: ❑ LMA — Low/Mod Area Benefit ® LMC—Low/Mod Clientele Benefit ❑ LMH — Low/Mod Housing Benefit ❑ LMJ — Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons based on HUD determined eligible census tracts. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMC: Must document that at least 51 percent of persons served, are low to moderate income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must have at least 51 percent occupied by LMI households and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1 agreement agreement execution Insurance Insurance Certificate Within 30 days of agreement execution and Annually within thirty (3 0) days of renewal Detailed Project Schedule Project Schedule Not Applicable Project Plans and Specifications Site Plans and Specifications Not Applicable Subcontractor Log Subcontractor Log Not Applicable Submission of Progress Report Exhibit C Quarterly within 10 days following the end of the quarter. Final report due 60 days after agreement ends Section 3 Report Quarterly report of new hire Quarterly. information BGCCC P519-04 Immokalee Transportation Project Page 4 Davis -Bacon Act Certified Weekly Certified Payroll Not Applicable Payroll reports, forms and supporting Submission of administrator of the CDBG documentation monthly invoices. Financial and Compliance Audit Audit, Management Letter and Nine (9) months after FY end CDBG funds up to the gross Exhibit E for Single Audit OR one amount of $45,000 to the Boys & hundred eighty (180) days after Girls Club to be used for banking documents/Supporting FY end Continued Use Certification Continued Use Affidavit, if Not Applicable services applicable Revenue Plan for maintenance Plan approved by the County Not Applicable and Capital Reserve monitoring clearance and meeting the monitoring Program Income Reuse Plan Plan Approved by the County Not Applicable D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: CHS as an Submission of supporting documents Submission of administrator of the CDBG must be provided as backup as evidenced monthly invoices. program will make available by invoice(s)/Timecards/Payroll CDBG funds up to the gross Registers/Summary/canceled checks or amount of $45,000 to the Boys & Girls Club to be used for banking documents/Supporting activities to fund: Transportation payroll/Exhibit B and any additional services documentation as requested. 10% retainage released upon final Following close out monitoring clearance and meeting the monitoring National Objective Final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. Failure by the subrecipient to achieve the National Objective will require repayment of the CDBG investment under this agreement. 1.3 PERIOD OF PERFORMANCE Services of the Subrecipient shall start on October 1, 2019 and shall end on September 30, 2020. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available (Forty -Five Thousand)) Dollars ($45,000.00) for use by the SUBRECIPIENT, during the term of the agreement (hereinafter, shall be referred to as the "Funds"). BGCCC PS19-04 Immokalee Transportation Project Page 5 Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and does not signify a change in scope. Fund shifts that exceed 10 percent of the agreement amount shall only be made with Board approval. 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 CHS. 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 the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations may 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 after the end of the agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements. Except where disputed for noncompliance, 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." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section (Section 1.5 -Cost Principles) of this agreement, SUBRECIPIENT is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by BGCCC P519-04 Immokalee Transportation Project Page 6 the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E -Cost Principles. A Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart E and may impose requirements upon the Developer, in order for the COUNTY to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. 1.6 NOTICES Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, 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: Rose Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Rosa.Munoz(cr�,colliercountyfl.gov Telephone: (239) 252-5713 SUBRECIPIENT ATTENTION: Megan McCarthy Beauvais, President & CEO, Boys & Girls Club of Collier County, Florida, Inc. 7500 Davis Blvd Naples, Florida 34104 Email: MMcCarthy@beccc.com Telephone: (239) 325-1700 BGCCC P519-04 Immokalee Transportation Project Page 7 a PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At anytime 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. Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current GRANTEE policy concerning SUBRECIPIENT audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F -Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 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 is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time, upon request by the COUNTY or CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), 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. BGCCC PS19-04 Immokalee Transportation Project Page 9 D. Upon completion of all work contemplated under this agreement, copies of all documents and records relating to this agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333, with the following exception: if any litigation, claim, or audit is started before the expiration date of the five (5) 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 2 CFR 200.336. The SUBRECB'IENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in possession of the SUBRECB'IENT 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 COUNTY. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329 Michael.Cox(i�colliercountyfl.Eov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of 1931, 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. F. 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 CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. 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 BGCCC P519-04 Immokalee Transportation Project Page 9 determinations, as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes 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 2 CFR 200.336 and 2 CFR 200.337. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180) days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may 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 CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards, as stated, with all other applicable laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 PREVENTION OF FRAUD AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this agreement and to provide for the proper and effective management of all Program and Fiscal activities of the agreement. SUBRECIPIENT's internal control systems and all transactions and BGCCC P519-04 Immokalee Transportation Project Page 10 other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent waste, fraud, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: Initial non-compliance may result in Findings or Concerns being issued to the SUBRECIPIENT, which will require a corrective action plan be submitted to the COUNTY within 15 days following issuance of the report. • Any pay requests that have been submitted to the COUNTY for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, in order to correct the non-compliance issue. 2. If in the case SUBRECIPIENT fails to submit the corrective action plan in atimely manner to the COUNTY, the COUNTY may require a portion of the awarded grant amount be returned to the COUNTY. • The COUNTY may require upwards of five percent (5%) of the award amount be returned to the COUNTY, at the discretion of the Board of County Commissioners. • The entity may be denied future consideration as set forth in Resolution No. 2013-228. BGCCC P519-04 Immokalee Transportation Project Page 11 @0 3. If in the case SUBRECIPIENT continues to fail to correct the outstanding issue or repeats an issue that was previously corrected and has been informed by the COUNTY of their substantial non-compliance by certified mail; the COUNTY may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, be returned to the COUNTY. • The COUNTY may require upwards often percent (10%) of the award amount be returned to the COUNTY, at the discretion of the Board of County Commissioners. • The SUBRECIPIENT will be considered in violation of Resolution No. 2013- 228. 4. If in the case, after repeated notification, SUBRECIPIENT continues to be substantially non-compliant, the COUNTY may recommend the contract or award be terminated. • The COUNTY will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The SUBRECIPIENT will be required to repay all funds disbursed by the COUNTY for the project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If in the case SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be non-compliant, the above sanctions may be imposed across all awards at the BCC's discretion. i 2.6 REPORTS Reimbursement may be contingent upon 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 IOtb 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 including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "C". Exhibit "C" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or BGCCC PS19-04 Immokalee Transportation Project Page 12 @0 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. BGCCC Ps19-04 Immokalee Transportation Project Page 13 PART III 1_—u IRTNIMME 3.1 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. 3.2 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; (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the SUBRECIPIENT is required to follow federal procurement; and (4) for Developers, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIMENT also agrees to comply with all other applicable laws, regulations, and policies governing the funds provided under this agreement. The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement rather than supplant funds otherwise available. 3.3 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 COUNTY 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. 3.4 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 COUNTY'S governing body. Such amendments shall not invalidate this agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under 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 BGCCC P519-04 Immokalee Transportation Project Page 14 (D) activities to be undertaken as part of this agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS 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, or the reduction of funds awarded by HUD to Collier County, to a level, determined by the County Manager, to be insufficient to adequately administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In either 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. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the 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 there- on. 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 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. 3.7 GRANTEE RECOGNITION/SPONSORSIWS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports, and similar BGCCC P519-04 Immokalee Transportation Project Page 15 public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT MUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" 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. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by either the COUNTY 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 COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this agreement: A. 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. B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement. C. Ineffective or improper use of funds provided under this agreement. D. Submission by the SUBRECIPIENT to the COUNTY reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification. F. Failure to materially comply with any terms of this agreement. G. Failure to materially comply with the terms of any other agreement between the COUNTY and the SUBRECIPIENT relating to the project. BGCCC PS19-04 Immokalee Transportation Project Page 16 @0 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: A. Require specific performance of the agreement, in whole or in part. B. Require the use of, or change in, professional property management. C. Require immediate repayment by SUBRECIPIENT to the COUNTY of all CDBG funds that SUBRECIPIENT has received under this agreement. D. Apply sanctions, if determined by the COUNTY to be applicable. E. Stop all payments, until identified deficiencies are corrected. 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. 3.9 REVERSION OF ASSETS In the event of a termination of this 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 property 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 or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.3 11 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until all insurance required, as outlined in Exhibit "A" and 2 CFR 200.310, has been obtained, and said insurance shall be carried, at all times, during SUBRECIPIENT's performance under the agreement. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and BGCCC P519-04 Immokalee Transportation Project Page 17 H Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.12 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through .326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds arc: Range: Competition Required $0-$3,000 Single Quote with documentation $3,000 - $50,000 3 Written Quotes $50,000+ Formal Solicitation ITB, RFP, etc. All improvements specified in Part 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 contracts for improvements with the lowest, responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.13 PROGRAM GENERATED INCOME No Program Income is anticipated. In the event Program Income is derived from the use of CDBG funds disbursed under this agreement, such Program Income shall be utilized by the SUBRECIPIENT for CDBG-eligible activities, approved by COUNTY. 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 accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When program income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program, for further reallocation. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with the COUNTY after the five (5) year continued use period has been met (for public services, "after the expiration of the Agreement"). The continued use period shall commence with the later of the Subrecipient meeting the National Objective or the recording of lien and/or deed restriction documentation). Activities during this closeout period shall include, but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, program income BGCCC P519-04 Immokalee Transportation Project Page 18 balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, 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 that have been advanced or paid must be returned to the COUNTY. Any funds paid exceeding the amount SUBRECIPIENT is entitled to 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. Closeout procedures must take place in accordance with 2 CFR 200.343. 3.15 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. 3.16 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 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. 3.17 PROGRAM BENEFICIARIES At least 51 percent of the beneficiaries of a project funded through this agreement must be low - and moderate- income persons or presumed to be low- to moderate- income persons based on applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If BGCCC P519-04 Immokalee Transportation Project Page 19 W the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than 30 percent 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 "C" of this agreement. 3.18 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 prior to the award of funds. The Affirmative Action will need to be updated throughout the continued use period and must be submitted to COUNTY within 30 days of update/modification. 3.19 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 SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. 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 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, its employees, or its contractors shall be disclosed, in writing, to CHS 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. BGCCC PS19-04 Immokalee Transportation Project Page 20 9 3.20 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 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.. 3.21 INCIDENT REPORTING If services to clients are to be provided under this agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. . 3.22 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. BGCCC P519-04 Immokalee Transportation Project Page 21 9 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https•//www ecfr gov/cizi-bin/text-idx?tpl=/ecfrbrowse/Title24/24efi•570 main 021pl 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https•//www ecfrgov/cgi-bin/text-idx?ipl=/ecfrbrowse/Titte24/24cfr58 main 02 tpll 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended https:Hportal hud gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/10 9 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. htto://www.hud.govlofficeslfheollibrary/huddoistatement.odfhttt)s://www.hud.p,ov/program offic es/fair housing equal opp/ReasonableAccommodationsl5 Executive Order 11063 — Equal Opportunity in Housing https://www.hud.gov/program offices/fair housing equal opo/FHLaws/EX011063 Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https://www. archives. gov/federal-register/codification/executive-order/ 12259. html 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.0 hftps://www.law.comell.edu/cfr/text/24/part-I 07 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended https://www.hud.goo/programdescription/title6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. bi!ps://www.gpo.goy/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- 602Tpdf 4.7 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. EO 11246: https://www.hud.gov/propram offices/fair housing equal opp/FHLaws/EX011246 EO 11375 and 12086: see item #8 below BGCCC P519-04 Immokalee Transportation Project Page 22 pd� 4.8 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. https://www.hud.jzgv/progiramdescription/title6 4.9 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 Subrecipients and subcontractors.. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients 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." 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. BGCCC PS19-04 Immokalee Transportation Project Page 23 hftps://www.hud.gqv/sites/documents/DOC 12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https•//www ecfr gov/cizi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfrl35 main 02 tpl 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.hud.gov/proizratn offices/fair housing equal opp/FHLaws/109 https•//portal hud goy/hudportal/HUD?srcf/program offices/fair housing equal opp/FHLaws/E X011063 11246: https://www.dol.gov/ofccp/reps/statutes/eol1246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive-order/I 14781tm1 12107: https•//www archives gov/federal-register/codification/executive-order/12107.html 12086: https://www.archives.izov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol. gov/whd/regs/statutes/safe0l .pdf 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: https://www.epa.itov/civilriphts/sccSO4.htm 29 USC 776: https://law.onecte.com/uscode/29/776.html 24 CFR 570.614: https://www.law.comell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.hud. ov/hudprograms/eohudap 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.gov/real estate/uniform act/index.cfm 4.15 29 CFR Parts 3 and 5 - Regulations that 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). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States lhMs://www.law.comell.edu/cfr/text/29/part-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) BGCCC P519-04 Immokalee Transportation Project Page 24 41 O,b https://www.law.comell.edu/cfr/textt29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 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. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives.gov/federal-register/codification/executive-order/I 1625.html 4.17 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, 24 CFR 570.607: https://www.gpo. og v/fdUs/pkWCFR-2010-title24-vol3/pdf/CFR-2010- title24- vol3-sec570-608.pdf E.O. 13279: bitp://www.fedgovcontracts.com/peO2-96.htm 4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988. https://www.nebi.nlm.iiiii.gov/pubmed/12289709 4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.eefr.gov/cgi-bin/text-idx?ipl=/ecfrbrowse/Titic02/2cfr200 main 02.1p1 4.20 hpmigration Reform and Control Act of 1986 hiips://www.eeoc.jzov/eeoc/histoa/35th/thelaw/irca.htinl 4.21 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. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii Collier County- hllp://www.colliergov.netthome/showdocument?id=35137 4.22 Order of Precedence - In the event of any conflict between or among the terms of any ofthe 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 BGCCC P519-04 Immokalee Transportation Project Page 25 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. 4.23 Venue -Any suit of 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, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 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 adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District 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 ATRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.25 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. littps://www.law.comell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.law.comell.edu/uscode/text/33/chapter-26 4.26 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. https://www.law.comell.edu/efr/text/24/570.605 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo. og v/fdUs/granule/CFR- 2000-title24-vo13/CFR-2000-title24-vol3-sec570-608-id 163 BGCCC P519-04 Immokalee Transportation Project Page 26 4.28 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. hfts://www.nps.gov/history/local-law/nhpal 966.htm https://www.ecfr.gov/cpi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800 main 02 tal 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. hitps://www.nps.gov/histqry/local-law/nhpal 9661tm 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). https://www.gpo.gov/fdUs/granule/USCODE-2009-title4l/USCODE-2009-title4I-chap 10- sec701 4.30 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. https://www.law.comell.cdu/cfr/text/24/570.609 4.31 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. These requirements are enumerated in 2 CFR 200, et seq. 4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.344, 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. httos://www.ecfr.gov/cgi-bin/text- idx?SID=5a78addefft9a535e83fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8 4.33 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 BGCCC P519-04 Immokalee Transportation Project Page 27 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 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. Vis://www.gpo.moy/fdsys/granule/CFR-1999-title49-vol l/CFR-1999-title49-vol l-sec24-101 https://www gpo.eov/fdsys/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505 4.34 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. http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String --&UR L=0200-0299/0287/Sections/0287.133.html 4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. https://www.gsa.gov/portaUcontent/104877 4.37 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. hftps://www.izovreizs.com/regulations/expand/title24 part5 subpartA section5.106 4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall BGCCC P519-04 Immokalee Transportation Project Page 28 be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. https://www.ecfr.gov/cgi-bin/text- idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6 https://www.law.comell.edu/cfr/text/24/5.111 4.39 IIUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federalre ig ster.gov/documents/2016/11/16/2016-25888/violence-against-women- reauthorization-act-of-2013-imp lementation-in-hud-housing_programs 4.40 Any rule or regulation determined to be applicable by HUD. 4.41 Florida Statutes 713.20, Part 1, Construction Liens https://Www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700- 0799/0713/0713.html 4.42 Florida Statutes 119.021 Records Retention http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.021.html 4.43 Florida Statutes, 119.071, Contracts and Public Records http://www.leg_state.R.us/Statutes/index.cftn?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.02 Lhtml (Signature Page to Follow) BGCCC P519-04 Immokalee Transportation Project Page 29 IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K. KINZEL, CLERK Dated: , Deputy Clerk (SEAL) Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney Date: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA m WILLIAM L. MC DANIEL, JR., CHAIRMAN Date: THE BOYS & GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. By: AN McC THY BEAUVAIS, PRESIDENT & CEO Date: BGCCC P519-04 Immokalee Transportation Project Page 30 PART V EXHIBITS 1A.141111.30II1 INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 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. 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. 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. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT 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 BGCCC P519-04 Immokalee Transportation Project Page 31 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 than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 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. BGCCC P519-04 Immokalee Transportation Project Page 32 d EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: The Boys & Girls Club of Collier County, Florida, Inc.(BGCCC) Subrecipient Address: 7500 Davis Blvd, Naples FL 34104 Project Name: Immokalee Transportation Project Project No: PS19-04 IDIS# Payment Request Total Payment Minus Retainage Period of Availability: 10/1/2019 through 09/30/2020 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Submitted on this Account 3. Total Grant Amount Awarded Less Sum of Past Claims Submitted on this Account 4. Amount of Today's Request 5. 10% Retainage Amount Withheld (if applicable) 6. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) 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 as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) BGCCC PS19-04 Immokalee Transportation Project Page 33 a� EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA GENERAL -Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance Reports. The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY'S discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Agency Name: The Boys & Girls Club of Collier Date: County Florida, hie. GCCC Project Title: hnmokalee Transportation Project IDIS #: Program Contact: Megan McCarthy Beauvais, Telephone Number: (239) 325-1700 President & CEO Activity Reporting Period Report Due Date October I"—December 3t" Januar 10th January 1't — March 31 st Aril 10" April I" — June 30'h July 101h Jul I"— September 300, October 10" REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/19 3/31/20 6/30/20 9/30/20 Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly report must include cumulative data beginning from the start of the program year October 1, 2019. 1. Please list the outcome goal(s) from your approved application and subrecipient agreement and indicate your progress in meeting those goals since October 1, 2019. a. Outcome Goals: list the outcome goal(s) from your approved application and subreci ient agreement $ Other Consolidated Plan Funds $ Outcome 1: A minimum of 100 youths shall benefit from transportation services and development programs during the performance period. $ Other Federal Funds $ Outcome 2: Document that at least 51% of youths served are low to moderate income to meet a CDBG LM[/LMA National Objective. $ Outcome 3: HOPWA b. Goal Progress: Indicate the progress to date in meeting each outcome goal. Total Entitlement Funds $ Outcome 1: Outcome 2: Outcome 3: E27 Is this project still in compliance with the original project schedule: Yes No If No, Explain: 3. Since October 1, 2019; of the persons assisted, how many... Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing) to this service or benefit? 0 b. ...now have improved access to this service or benefit? 0 C. ...now receive a service or benefit that is no longer substandard? 0 Total 0 C What funding sources did the subreci ient apply for this period? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement Funds $ BGCCC PS19-04 Immokalee Transportation Project Page 34 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethnicity and jncome data are reported by persons. 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/ethnicity, and income data are reported by persons. For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the number of persons in the household. YTD Total: 0 YTD Total 0 a. Total No. Persons/Adults served 0 Total No. persons served under 18 (LMC) 0 LMC Indicate the total number of UNDUPLICATED persons served since October 1 who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): Quarter Total No. of Persons 0 Quarter Total No. of Persons 0 a Presumed Benefit Activities Ord LMC TR b I Presumed Benefit Activities Only LMC YTD b. Total No. of Households served 0 Total No.. of female bead of household (LMH) 0 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethnicity and jncome data are reported by persons. 7. a. Total No. Persons/Adults served 0 Total No Persons served under 18 (LMC) 0 LMC YTD Total: 0 YTD Total 0 b. Total No. Households served LMH 0 Total No. female head of household (LMH) 0 YTD Total 0 YTD Total 0 8. Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: LMCQuarter PRESUMED BENEFICIARY DATA ONLY LMC YTD Indicate the total number of UNDUPLICATED persons served this quarter who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): Indicate the total number of UNDUPLICATED persons served since October 1 who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total uestion #6): a Presumed Benefit Activities Ord LMC TR b I Presumed Benefit Activities Only LMC YTD ELI 0 Abused Children ELI 0 0 Abused Children ELI 0 Homeless Person ELI 0 Homeless Person ELI 0 Migrant Farm Workers LI 0 Migrant Farm Workers LI 0 Battered Spouses LI 0 Battered Spouses LI 0 Persons w/HIV/AIDS LI 0 Persons w/HIV/AIDS LI 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely Disabled LI Adults 0 Severely Disabled Adults LI 0 Quarter Total 0 YTD Total 8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total uestion #6): in Indicate the total number of UNDUPLICATED persons served since October 1 (YTD) who fall into each income category (the total should equal the total in question #6): a ELI Extremely Low Income (0-30%) 0 6 ELI Extremely Low Income (0-30%) 0 LI Low Income (31-50%) 0 LI Low Income 0 MOD Moderate Income (51-80%) 0 MOD Moderate Income (51-80%) 0 NON- L/M Above Moderate Income (>80%) 0 NON- LIM Above Moderate Income (>80%) 0 Quarter Total 0 YTD Total 0 BGCCC P519-04 Immokalee Transportation Project Page 35 0 b'J L9. Racial & Ethnic Data if applicable) Please indicate how many UNDUPLICATED clients served this Quarter 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 in question 6.question Please indicate how many UNDUPLICATED clients served since October (YTD) 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 in 6. a. RACE ETHNICITY /HISPANIC b. RACE ETHNICITY /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska Native 0 0 Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific Islander 0 0 Black/African American & White 0 0 Black/African American & White 0 0 American Indian/Alaska Native & 0 0 Black/African American American Indian/Alaska Native & 0 0 Black/African American Other Multi -racial 0 0 Other Multi -racial 0 0 0 0 0 0 Name: Signature: Title: Your typed name here represents your electronic signature BGCCC PS19-04 Immoka lee Transportation Project Page 36 O EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete form, and retain appropriate supporting documentation, to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names — All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave blank. B(c) BGCCC PS19-04 Immokalokalee Transportation Project Page 37 y A. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Benefits / Public Other Salaries Pensions Assistance Income (include tips, Asset commissions, Income bonuses, and overtime) (Enter the 1 greater of 2 box B(b) or 3 box E(c), in above, 4 box C(e) 5 below) 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a) through C(c). 0.00 This amount is the Annual Anticipated household Income. B. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. Uwe certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083. Signature of Head of Household Signature of Spouse or Co -Head of Household Adult Household Member (if applicable) Date Date Date Adult Household Member (if applicable) Date BGCCC P519-04 Immokalee Transportation Project Page 38 Y A. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: ❑ Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/50' of the Very Low Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based upon the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Printed Name B. Household Data Date Title Number of Persons By Race / Ethnicity B Age P519-04 Immokalee Transportation Project Page 39 Y Native American Hawaiian or 0-25 26-40 41---61 62+ Indian Asian Black Other Pac. White Other Islander Hispanic Non - Hispanic NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. aGCCC P519-04 Immokalee Transportation Project Page 39 Y EXM1T E ANNUAL AUDPI' MONITORING REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by established by 2 CFR Part 200, Subpart F —Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subrecipient Name The Boys & Girls Club of Collier County Florida, Inc. (BGCCC) First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DD/YY Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the 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. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we El understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title BGCCC PS19-04 Immokalee Transportation Project 06/18 Page 40 E) FAIN # E -19 -UC -120016 Federal Award Date EST 10/2019 Federal Award Agency HUD CFDA Name Emergency Solutions Grant CFDA/CSFA# 14.231 Total Amount of Federal Funds Awarded $114,286.00 Subrecipient Name THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. DUNS# 836680769 FEIN 59-2752895 R&D No Indirect Cost Rate No Period of Performance October 1, 2019 — September 30, 2020 Fiscal Year End 6/30 Monitor End: 12/20 AGREEMENT BETWEEN COLLIER COUNTY AND THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. Shelter Operations THIS AGREEMENT is made and entered into this day of , 2019) 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 SHELTER FOR ABUSED WOMEN & CHILDREN, INC, a private not-for-profit corporation existing under the laws of the State of Florida, ("SUB RECIPIENT') having its principal office at PO BOX 10102, Naples, FL 34101.. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) for a grant to execute and implement the Emergency Solutions Grant (ESG) grant program in certain areas of Collier County, pursuant to the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act (24 CFR 576) amending the McKinney-Vento Homeless Act (42 U.S.C. 11371-11378); and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit homeless individuals in Collier County with the use of ESG funds to improve the quality of life in Collier County by providing assistance for any of the following five (5) program components (street outreach, emergency shelter, homelessness prevention, rapid re -housing assistance and Homeless Management Information System [HMIS]); and Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 1 WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One -Year Action Plans for Federal Fiscal Year 2019-2020 for the ESG Program at the June 25, 2019, Agenda Item Board of County Commissioners meeting. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART I SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ESG funds, as determined by Collier County Community and Human Services Division (CHS), perform the tasks necessary to conduct the program as follows: PROJECT DETAILS Emergency Solutions Grant ESG Program: Project Component One: Personnel salary for an Operations Support Administrator Project Component Two: Annual Shelter operation expenses which may include, but not be limited to, security maintenance, monthly security system monitoring, electricity, water and sewer, trash collection, insurance, internet, phone, recurring monthly fees, maintenance expenses, food costs for the facility, pest control and lawn care. 1. Project Tasks: a. Maintain documentation on all households served in compliance with 24 CFR 576.500 b. Provide quarterly reports on meeting an ESG Eligible Activity 2. ESG Documentation Requirements Compliance Criteria: Activities carried out with funds provided under this Agreement will contribute to a program designed to be the first step in a continuum of assistance to enable homeless individuals and families to move toward independent living, as well as prevent homelessness, as defined in 24 CFR Part 576 (Subpart B Eligible Activities 576.21). 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this agreement, the SUBRECIPIENT must deliver to CHS all Grant and Special Conditions policies, as outlined in Section 1.1 B., below. B. The following resolutions and policies must be submitted within 60 days of this agreement. ® Affirmative Fair Housing Policy ® Affirmative Action/ Equal Opportunity Policy Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 2 RE F7 Affirmative Action Plan ® Conflict of Interest Policy ® Procurement Policy F-1 Uniform Relocation Act Policy ® Sexual Harassment Policy ® Procedure for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12U.S.C. 794 1 u) ® Procedures for meeting the requirements set forth in Section '504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) ® Fraud Policy ® Violence Against Women Act (VAWA) Policy ® LGBTQ Policy C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed, and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the CHS Notice to Proceed (NTP) letter. Violation of this provision will result in the denial of any reimbursement of funds under this Agreement. 1.1.1 PROJECT DETAILS A. Project Description/Budget The budget identified for the Shelter Operations shall be as follows: Description Federal Amount ESG Match 1:1 Project Component 1: Personnel salary for an Operations $28,863.00 Support Administrator Project Component 2: Annual Shelter operation expenses which $85,423.00 may include, but not be limited to, security maintenance, monthly security system monitoring, electricity, water and sewer, trash collection, insurance, internet, phone, recurring monthly fees, routine maintenance expenses, food costs for the facility, est control and lawn care. ESG Match Requirement: Match is required for a minimum of Documentation of $114,286.00 dollar for dollar with each submitted pay request. ESG Eligible Matching Funds Total Federal Funds: $114,286.00 Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 3 The SUBRECIPIENT will accomplish the following checked project tasks: F-1 Pay all closing costs related to property conveyance ® Maintain and provide to the COUNTY, as requested, beneficiary documentation which supports benefit of homelessness ® Provide Quarterly Reports and project progress ® Required attendance by a representative from executive management at quarterly partnership meetings, as requested by CHS. F-1 Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation. F-1 Identify Lead Project Manager ❑ Provide Site Design and Specifications F-1 Comply with Davis Bacon Labor Standards F-1 Provide certified payroll weekly throughout construction and rehabilitation F-1 Comply with Uniform Relocation Act (URA), if necessary F-1 Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable affordability period for -the project is met B. Program Components/Eligible Activities All services/activities funded with ESG funds must meet one of the ESG program components, as defined in 24 CFR 576: • Street Outreach: funds may cover costs related to essential services for unsheltered persons (including emergency health or mental health care, engagement, case management and services for special populations. • Emergency Shelter: funds may be used for renovation of emergency shelter facilities and the operation of those facilities, as well as services for the residents (including case management, child care, education, employment assistance and job training, legal, mental health, substance abuse treatment, transportation and services for special populations). • Homelessness Prevention and Rapid Re-Housinjz: both components fund housing relocation and stabilization services (including rental application fees, security deposits, utility deposits or payments, last month's rent and housing search and placement activities). Housing may also be used for short or medium-term rental assistance for those who are at -risk of becoming homeless or transitioning to stable housing. • HMIS: funds may be used to pay the costs for contributing data to the HMIS designated by the Continuum of Care for the area. Eligible activities include (computer hardware, software, or equipment, technical support, office space, salaries of operators, staff training costs and participation fees). Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 4 6) C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Project Component 1: Personnel Documentation Monthly by the 10' of Special Grant Condition Policies as stated in this Within sixty (60) days of agreement Policies (Section 1.1) agreement execution Insurance Insurance Certificate Within 30 days of agreement Project Component 2: Annual timesheets, payroll, banking, canceled execution and annually within thirty Shelter operation expenses which checks, utility documents(s), and any (30)days of renewal Detailed project Schedule Project Schedule N/A Project Plans and Site Plans and Specifications N/A S eciiications Subcontractor Log Subcontractor Lo N/A Submission of Progress Exhibit C Quarterly; within 10 days after the end Report Final 10% ($) released upon of the quarter. Final report 60 days recurring monthly fees, documentation of a minimum of 180 after agreement ends. Section 3 Report Quarterly reports on new hire Within 10 days after the end of the costs for the facility, pest control information quarter, until project is complete. and lawn care. from each invoice (QuarterlyReport) Davis -Bacon Act Certified Weekly Certified Payroll N/A Payroll reports, forms, and supporting the month following documentation the month of service Financial and Compliance Audit, Management Letter and Nine (9) months after FY end for Audit Exhibit D Single Audit OR one hundred and eighty (180) days after FY end. Program Income Reuse Plan Plan Approved by the County N/A D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Personnel Upon invoicing using Exhibit B will Monthly by the 10' of salary for an Operations Support reimburse allowable expenses with the month following Administrator documentation including but not limited the month of service to properly completed invoices, Project Component 2: Annual timesheets, payroll, banking, canceled Shelter operation expenses which checks, utility documents(s), and any may include, but not be limited additional supporting documentation as to, security maintenance, needed monthly security system monitoring, electricity, water and sewer, trash collection, insurance, internet, phone, Final 10% ($) released upon recurring monthly fees, documentation of a minimum of 180 maintenance expenses, food persons served and a successful close-out costs for the facility, pest control monitoring. Retainage will be deducted and lawn care. from each invoice ESG Match Exhibit B 1 along with supporting match Monthly by the 10th of documentation the month following the month of service Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 5 1.3 PERIOD OF PERFORMANCE Services of the SUBRECIPIENT shall start on October 1, 2019 and shall end on September 305 2020. The services/activities of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED FOURTEEN THOUSAND TWO HUNDRED EIGHTY SIX DOLLARS AND ZERO CENTS ($114,286.00) for use by the SUBRECIPIENT, during the Term of the Agreement (hereinafter, shall be referred to as the "Funds"). Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between project components shall not be more than 10 percent and does not signify a change in scope. Fund shifts that exceed 10 percent of a project component shall only be made with Board approval. All services/activities specified in Part 1. Scope of Services shall be performed by SUBRECIPIENT employees or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and that meets Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder as further set forth in Section 13.3. of this Agreement. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, 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 CHS. SUBRECIPIENT may not request disbursement of ESG 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 may 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 after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 6 C� No payment will be made until approved by CHS 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 Ch. 218, Part VII, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grants management rules for cost allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section (Section 1.5 -Cost Principles) of this Agreement, SUBRECIPIENT is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the projects referenced above as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the Subrecipients and Contractors shall be in compliance with 2 CFR Subpart E -Cost Principles. A Developer is not subject to 2 CFR Subpart E, however the COUNTY is Subject to 2 CFR Subpart E and may impose requirements upon the Developer in order for the COUNTY to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, and personal delivery, 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: Carolyn Noble, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Carolyn.Noble@colliercountyfl.gov Telephone: (239) 252-5393 SUBRECIPIENT ATTENTION: Linda Oberhaus, Chief Executive Officer The Shelter For Abused Women & Children PO Box 10102 Naples, FL 34101 Email: loberhaus@naplesshelter.org Telephone: (239) 280-1350 Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 7 �A PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS 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. Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current COUNTY policy concerning SUBRECIPIENT audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F -Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 5 76.5 00 to determine compliance with the requirements of this agreement, the ESG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: A. All records required by ESG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. 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 CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), 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. D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, the SUBRECIPIENT shall keep all documents and records in an orderly fashion in Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 8 �� a readily accessible, permanent, and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333, with the following exception: if any litigation, claim, or audit is started before the expiration date of the five (5) 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 2 CFR 200.336. The SUBRECIPIENT shall 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 Agreement 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 COUNTY. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, Michael. Coxkcolliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall document how the Program Component(s), as defined in 24 CFR 576.100 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 576.100, income certification, and written agreements with beneficiaries, where applicable. F. 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 119, Florida Statutes 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 2 CFR 200.3 3 6 and 2 CFR 200.3 3 7. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit D) to the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180) days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may 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 Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 9 �� 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 CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-performance based on goals and performance standards, as stated, with all other applicable laws, regulations, and policies governing the funds provided under this Agreement further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect and collect incidents of waste, fraud and abuse in the performance of this Agreement and to provide for the proper and effective management of all Program and fiscal activities by the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events are to be clearly documented and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall give COUNTY complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent waste, fraud, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the SUBRECIPIENT and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 10 u • Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the entity, as needed, in order to correct the non-compliance issue. 2. If in the case a Subrecipient fails to submit the corrective action plan in a timely manner to the Division, the Division may require a portion of the awarded grant amount be returned to the Division. • The COUNTY may require upwards of five percent (5%) of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. • The SUBRECIPIENT may be denied future consideration as set forth in Resolution No. 2013-228 3. If in the case the SUBRECIPIENT continues to fail to correct the outstanding issue oi. repeats an issue that was previously corrected and has been informed by the Division of their substantial non-compliance by certified mail; the Division may require a portion of the awarded grant amount or the amount of the ESG investment for acquisition of the properties conveyed, be returned to the Division. • The Division may require upwards of ten percent (10%) of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. • The entity will be in violation of Resolution No. 2013-228 4. If in the case after repeated notification the SUBRECIPIENT continues to be substantially non- compliant, the Division may recommend the contract or award be terminated. • The Division will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The SUBRECIPIENT will be required to repay all funds disbursed by the COUNTY for project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of the properties or other activities. • The SUBRECIPIENT will be in violation of Resolution No. 2013-228 If in the case the SUBRECIPIENT has multiple agreements with the Division and is found to be non- compliant, the above sanctions may be imposed across all awards at the BCC's discretion. 2.6 REPORTS Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 11 �Q 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 10th 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 "C". Exhibit "C" contains a sample reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or 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. 2.7 ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from ESG 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 ESG 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 or 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. Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 12 PART III TERMS AND CONDITIONS 3.1 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. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning the HEARTH Act. The SUBRECIPIENT also agrees to comply with all other applicable Federal, State, and Local laws, regulations, and policies governing the funds provided under this Agreement. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 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 COUNTY 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. 3.4 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 COUNTY's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or 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. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from ESG grant funds, provided by HUD, and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing ESG 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 Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 13 O is determined by the County Manager or designee, in his or 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. 3.6 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. 3.7 COUNTY 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, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" 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. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.339, this Agreement may also be terminated for convenience by either the COUNTY 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 COUNTY determined that the Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 14 �,� remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. 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; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; D. Submission by the SUBRECIPIENT to the COUNTY reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; G. 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: A. Require specific performance of the Agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the COUNTY of all ESG funds that SUBRECIPIENT has received under this Agreement; D. Apply sanctions, if determined by the COUNTY to be applicable; E. Stop all payments, until identified deficiencies are corrected; F. 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. 3.9 MATCH REQUIRED SUBRECIPIENT must match ESG grant funds dollar -for -dollar, pursuant to 24 CFR 576.201. Matching funds shall be provided after the date of the grant award. Funds used to match a previous ESG grant may not be used to match a subsequent grant award. A SUBRECIPIENT may comply Shelter for Abused women & Children, Inc, ES 19-01 Shelter Operations Page 15 ��Q with its requirement by providing the matching funds from any source, including any Federal source other than the ESG program, as well as State, Local, and private sources. The SUBRECIPIENT must ensure the laws governing any federal funds to be used do not prohibit those funds from being used to match ESG funds. In order to meet the matching requirement, the matching contributions must meet all the requirements that apply to the ESG funds provided by HUD, as required by 24 CFR 576.201(c). Matching contributions may be in the form of the following: 1. Cash contributions; or 2. Non-cash contributions calculated per requirements, in 24 CFR 576.201(e), to include the value of any real property, equipment, goods, or services contributed to the SUBRECIPIENT's ESG program, provided that if the SUBRECIPIENT had to pay for them with grant funds, the costs would have been allowable. Non-cash contributions may include: a. The purchase value of any donated material or building. SUBRECIPIENT shall determine the value of any donated material or building, or of any lease, using a method reasonably calculated to establish a fair market value. b. Match in the form of services provided by individuals must be valued at rates consistent with those ordinarily paid for similar work in the SUBRECIPIENT's organization. If the SUBRECIPIENT does not have employees performing similar work, the rates must be consistent with those ordinarily paid by other employers for similar work in the same labor market. 3. Costs paid by program income shall count toward meeting the SUBRECIPIENT's matching requirements, provided the costs are eligible ESG costs that supplement the ESG program. 3.10 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 ESG funds. 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. Regulations regarding real property and equipment are subject to 2 CFR 200.311. 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required, as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and said insurance shall be carried at all times during SUBRECIPIENTS's performance under the agreement. 3.12 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the Emergency Solutions Grant. (24CFR576 et seq.) Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 16 O 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.318 through .326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: -Range: Competition Required $0-$35000 Single Quote with documentation $33000 - $50,000 3 Written Quotes $505000+ Formal Solicitation ITB, RFP, etc All improvements specified in Part 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 contracts for improvements with the lowest, responsible, and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.14 PROGRAM -GENERATED INCOME No Program Income is anticipated. In the event there is Program Income derived from the use of ESG funds disbursed under this Agreement, such Program Income shall be retained by the SUBRECIPIENT for use in the Emergency Solutions Grant Program. Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by ESG funds shall be reported to the COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 576.201 in the operation of the Program. When program income is generated by an activity that is only partially funded with ESG funds, the income shall be prorated to reflect the percentage of ESG funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's Emergency Solutions Grant Program, for further reallocation. 3.15 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 are not 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 Part 2.2, 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. Closeout procedures must take place in accordance with 2 CFR 200.343 and ensure all federal grant requirements have been completed. Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 17 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subj ected 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, homeless individuals have priority over other Section 3 residents, in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u), and implementing regulations at 24 CFR Part 135 requires that to the greatest extent feasible employment and economic opportunities be directed to low and very low income residents of the 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 (as defined in 42 U.S.C. 5302(a)) in which the project is located. To the maximum extent practicable, the SUBRECIPIENT shall involve homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under ESG, in providing services assisted under ESG, and in providing services for occupants of facilities assisted under ESG. This involvement may include employment or volunteer services. Section 3 is relative to any of the SUBRECIPIENT's 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. 3.17 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 Agreement. As used in this Agreement, 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. 3.18 PROGRAM BENEFICIARIES One Hundred percent (100%) of the beneficiaries of a project funded through this Agreement must be at risk of homelessness, as defined by 24 CFR 576.2 3.19 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 Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 18 �O 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. 3.20 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 576.404, 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. 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, its employees, or its contractors shall be disclosed, in writing, to CHS 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. 3.21 EMERGENCY SHELTERS Any emergency shelter that receives assistance for shelter operations must also meet minimum safety, sanitation, and privacy standards (Exhibit E), as required by 24 CFR 576.403(b). 3.22 PERMANENT HOUSING Assistance for program participants to remain or move into housing must meet the minimum habitability standards (Exhibit F) provided in 24 CFR 576.403(c) and all applicable State and Local housing codes, licensing requirements, and any other requirements in the jurisdiction in which the housing is located regarding the condition of the structure and the operation of the housing. 3.23 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must document their compliance with the requirements of 24 CFR 576.400 for consulting with the Continuum of Care and coordinating and integrating ESG assistance with programs targeted toward homeless people and. mainstream service and assistance programs (Exhibit G). Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 19 �O 3.24 HOMELESS PARTICIPATION The SUBRECIPIENT must document its compliance with the homeless participation requirements under 24 CFR 576.405(c). 3.25 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND PROCEDURES The SUBRECIPIENT must keep documentation evidencing the use of and written intake procedures for the centralized or coordinated assessment system(s) developed by the Continuum of Care in accordance with the requirements established by HUD and identified in 24 CFR 576.500(g). 3.26 CONDITIONS FOR RELIGIOUS ORGANIZATIONS ESG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 576.406. 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 ESG 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, ESG 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 ESG funds in this part. Sanctuaries, chapels, or other rooms that an ESG funded religious congregation uses as its principal place of worship, however, are ineligible for ESG funded improvements. 3.27 INCIDENT REPORTING If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. 3.28 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. Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 20 � PART IV GENERAL PROVISIONS 1. 24 CFR Part 576 Emergency Solutions Grants Program, as amended. — All the regulations regarding the ESG Program. 2. Environmental Protection Agency (EPA) regulations pursuant to 24 CFR Part 58, as amended. https://www.ecfr..jzov/cgi-bin/text-idx?tpl=/eefrbrowse/Title24/24cfr58 main 02.tp1 3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended. https://www.hudexchange.info/resource/2184/housinv,-and-comi-n https://www.gpo.gov/fdsys/l)kg/PLAW- I 04publ I 20/html/PLAW- I 04publ 120.htm 4. Title VI of the Civil Rights Act of 1964 as amended, along with Executive Order 13166 https ://www.hhs. Dov/civil-rights/for-individuals/special-topics/needy-families/civil-rights- requirements/index.html https://wwwjustice.gov/ci-t/executive-order-13166 5. Title VIII of the Civil Rights Act of 1968 as amended https://www.eeoc.gov/laws/statutes/titlevii.cfm. 6. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.law.comeI1.edu/cfr/text/24/570.601 7. 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. https://www.eeoc.gov/eeoc/history/35th/thelaw/eo- 11246.html 8. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972) 42 U.S.C. § 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. https://www.eeoc.gov/laws/statutes/titlevii.cfm 9. 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 Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT, and any of the SUBRECIPIENT's Subrecipients 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. https •//www.hudexchange. info/resource/23 3 0/24-cfr-part-13 5 -section -3 -regulations/ Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 21 O 10. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: A. "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." 11. The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint 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 ESG-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 ESG-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. 12. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 13. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. https://www.hud. gov/program_offices/fair_housing_equal_opp/fair_housing_and_related_Iaw 14. Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safeOI.pdf 15. Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Pant 8. https://www.hud.gov/sites/documents/5784 N -01 -NOTICE -5-15 14.PDF 16. Title II of the Americans with Disabilities Act (42 U.S.C. 12131 et seq.) and 28 CFR Part 35 as applicable https://www.law.comell.edu/uscode/text/42/12131 17. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.gov/real—estate/uniform—act/index.cfm 18. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675 Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 22 O 19. 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 Emergency Solutions Grant Contracts. https://og_e.commerce.gov/page/executive-order-11625 20. 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. https://www.law.comell.edu/cfr/text/24/570.607 21. Public Law 100-430 - the Fair Housing Act (42 U.S.C. 3 60 1, et seq.) and implementing regulations at 24 CFR Part 100. https://www.gpo. ov/fds�s/pkg/STATUTE-102/pdf/STATUTE-102- Pg1619.pdf 22. Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 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. https://www.uscis.gov/tools/ lossar /immigration -reform - and -control -act -19 86-irca 23. 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. http:Hsp 16/sites/HumanResourc es/Shared%2ODocuments/County-Practices-and-Procedures- (CMA)/CMA%205311%20Code%20of%20Ethics%20and%20Anti%20Fraud%20NEW.pdf https://www.colliereIerk.com/records-search/bmr-records-search 24. 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 SUBRECIPIENT's discretion. 25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20th Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 23 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: Clean Air Act, 41 U.S.C. 7401, et seq. Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq., as amended 1318 relating to inspection, monitoring, entry, reports and information as well as other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued there under. htti)s://www.9po.gov/fdsys/pkg/USCODE-201 0-title42/html/USCODE-201 0-title42-chap85.htm https://www.gpo.gov/fdsys/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33-chap26.pdf 27. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by Federal Emergency Management Agency (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. https://www.fema.gov/media-library/assets/documents/7277 https://www.gpo.gov/fdsys/granule/CFR-2012-title24-vol3/CFR-2012-title24-vo13-see570-605 28. All shelters assisted under the ESG program and all housing occupied by program participants must adhere to the requirement of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821- 4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856) and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M and R. Such regulations pertain to all HUD -assisted housing and require that all owners, prospective owners and tenants of properties construction prior to 1978 be properly notified that such properties may include lead- based paint. Such notifications shall point out the hazards of lead-based paints and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. http://uscode.house. gov/view.xhtml?path=/prelim@title42/chapter63 &edition=prelim 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. https://www.nps.gov/histo - /local-law/nhpa1966.htm 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 U.S.C. 701). https://www.gpo.gov/fdsy.s/granule/USCODE- 2009-title4 l /USCODE-2009-title4 l -chap _10-sec701 /content-detail.html 31. The SUBRECIPIENT agrees that no funds provided, nor personnel employed under the Agreement Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 24 0 shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. (Hatch Act). https://www.gpo. ov/fds�s/granule/USCODE- 2009-title4l/USCODE-2009-title4 l -chap 10-sec701/content-detail.html 32. 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. https://www.law.cornell.edu/cfr/text/24/part-570/subpart-K 33. 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. 34. 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 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. 35. Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101), set forth in Appendix A to 2 CFR Part 170 haps://www.Rpo. ov/fdsys/pkg/PLAW-109publ282/pdf/PLAW- 109publ282.pdf 36. 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, shall be subject to the provisions of 24 CFR 576.408 including, .but not limited to, the provisions on use and disposition of property. A displaced person must be advised of his or her rights under the Fair Housing Act (42 U.S.C. 3601 et seq.). This policy does not require providing a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling (See 49 CFR 24.505(c)(2)(ii)(D). https://wvwv.gpo. ov/fdsys/granule/CFR-2009-title49-voll/CFR- 2009-title49-vol l -part24 37. 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 § 2 87.13 3 (3) (a), Florida Statutes. http://www. leg. state.fl.us/Statutes/index.cfin?App mode=Display Statute&Search String=&UR L=0200-0299/02 87/Sections/02 87.13 3 .html 38. Lobbying - 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. Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 25 39. 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 and shall comply with 24 CFR part 87. https://www.law.comeI1.edu/cfr/text/24/pai-t-87 40. 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; 41. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. https://www.gpo.gov/fdsys/granule/USCODE-2010- title3 l /USCODE-2010-title3 l-subtitleII-chap 13-subchaplIl-sec 13 52/content-detail.html 42. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. https://www.gsa.gov/travel/pIan-book/per-diem-rates 43. Any rule or regulation determined to be applicable by HUD. 44. Florida Statutes 119.021 Records Retention https:Hm.flsenate.gov/Statutes/119.021 45. Florida Statutes, 119.071, Contracts and Public Records haps•//www lawserver.com/law/state/florida/statutes/florida statutes 119-07 46. Unaccompanied youth under 25 years of age, or families with children and youth who do not otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2, but who are defined under Section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)), Section 637(l 1) of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), Section 330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), Section 3(m) of the Food and Nutrition Act of 2008 7 U.S.C.2012(m)), Section 17(b)(15) of the Child Nutrition Act of 1966 (U.S.C. 1786 (b)(15)), Section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)) https•//www federalre i�'ster.Rov/documents/2016/12/20/2016-30241/runaway-and-homeless- �uth 47. Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA guidelines https•//www eta Dov/enforcement/resource-conservation-and-recovery-act-rcra-and-federal- facilities https://www.law.cornell.edu/cfr/text/40/247.1 (Signature Page to Follow) Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations s. Page 26°j qtmm- -1 IN TATMS 16-M N tho Subrecipied and the County, have auk respocdv*, by an amhodzed plaft bir apn% umeander wt t hm& and oak on the wfiftn abM ATTEM. CRYSTAL L KM=.,$I rmTr De&ty Chat BOAM of COUNTY COMMSIONM 0 CO UM COUNTY, FLORWA B3r. WHIJAM L MOANMU.4 JR,, CHAUMM Date: 118E SHELTER FOR ABUSUD WOMEN INC$ (SEAL) -1 IHAUS, CKMF AVB OFFICER Approved as to form andlegality; Jowifer A. Bslpedio AasimUnt Cou* Mornep Dom:_- _ S,130 1 1 9 9 lbr Abmied Wam-4 Oakm6 Ift B51941 Slow Opuld m -- Pap 27 cle EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 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. 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). Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 28 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. 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 (As Their Interest May Appear). 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 with respect to this coverage A.T.I.M.A. Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 29 EXHIBIT "B" COLLIER COUNTY COMMUNITY AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Shelter for Abused Women & Children, Inc. Subrecipient Address: PO Box 10102, Naples, FL Project Name: Emergency Solutions Grant — Shelter Operations Project No: ES19-01, IDIS # Payment Request # Total Payment Minus Retainage: Period of Availability: 10/01/19 through 09/30/20 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS l . Grant Amount Awarded 2. Sum of Past Claims Submitted on this Account 3.Total Grant Amount Awarded Less Sum of Past Claims Submitted on this Account 4.Amount of Today's Request 5.10% Retainage Amount Withheld 6.Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) 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 as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 30 O MATCH FORM COLLIER COUNTY EXHIBIT B 1 REQUEST FOR MATCH SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Sub recipient Address: Project Name: Project No: SECTION II: STATUS OF FUNDS 1.. Total Match Amount Per Agreement Match Request #: Match Amount Requested Today: 2. Total Amount of Previous Match Submitted 3. Total Match Amount Awarded Per Agreement Less Total Amount of Previous Match Submitted 4. Amount of Today's Request 5. Match Balance (Match per Agreement Less the Sum of All Match submitted) I certify that this request for payment/match has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT/DEVELOPER. To the best of nzy knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Authorizing Grant Accountant Supervisor Department Director Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations t� Page 31 EXHIBIT "C" Emergency Solutions Grants (ESG) Program Client Information Report Period: Fiscal Year: Contract Number: Organization/s: Program/s: Contact Name: Contact Number: Report Selection Criteria Characteristics Report Ethnicity Race Non - Hispanic Hispanic White Black/African American Report Selection Criteria Characteristics Report Ethnicity Race Non - Hispanic Hispanic White Black/African American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander Other/Multi-Racial 2. Number of adults and children served: a. Residential Number of Adults Number of Children Number of Unknown Age b. Non Residential Number of Adults Number of Children Number of Unknown Age 3. Number of individuals/families served, by categories: Number of individual households (singles) Unaccompanied 18 and over Male Female Unaccompanied 17 and under Male Female Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 32 U00V Number of Families with children Headed by single 18 and over Male Female Headed by single 17 and under Male Female Headed by two parents 18 and over Headed by two parents 17 and under Number of Families with no children TOTAL 4. Total project(s)/service(s) provided to clients in range: a. emergency shelter facilities shelter h. employment b. vouchers for shelters i. transitional c. drop-in center d. food pantry e. mental health f. alcohol/drug g. child care . outreach k. soup kitchen/meal distribution 1. health care m. HIV/AIDS services n. other (please list) 5. Number of clients served by sub population (duplicated count): a. Chronically Homeless f. Chronic Substance Abuse (alcohol and/or drug) b. Victims of Domestic Violence g. Severely Mentally Ill c. Elderly h. Runaway / throwaway youth d. Veterans i. Other disability (Physical and/or e. Individuals with HIV/AIDS Developmental) (Chronically Homeless- HUD definition of a chronically homeless person is an unaccompanied homeless individual with a disabling condition who has either: 1) been continuously homeless for a year a more, or 2) has had at least four episodes of homelessness in the past three years.) 6. Clients housed by shelter type: Barracks Hotel/Motel Group/Large House Other Apartment/Complex Scattered Site Apartment Other- Single Family Duplex Single Family Detached House Other Single Room Occupancy TOTAL Mobile Home/Trailer Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 33 Eli FA_1BRT'.'D" A_�WPUAL AUDIT M01,11 CRINGREPORT Circular 2 GFR P-ar-k 200.331 requires Collier County to MOS IitOr Mbreciplents of federal awards to determine if Mbrecipients are compliant with established au&k requiremen'lls- (SUbpari F). Accordingly, CoMer County requirs-s tha-iL all appropriate dorcumeentafion is provide -,-d ragarding your organizations compH'ance. In determnU� nig F(aderas-i I awards expended in a fiscal year 7 -she entity mu cM cons der all sources of Federal awards brsis(,:��d an Ajvlhan the c,,_ic16vi,!y related tic -3, she Ffaderal award occcurs, including any Federai award provided by Collier County. The, of amounts of Fr­)dera_-.l awards 8-.-Xpanded shall be in accordance with the g0de,_Anes eas"L(@Mshed by es-�abfished by /2 CFR Par'L( 200, Siujbpar� F -AU&Rec-I&e-nients. TN5 for Mb may be used to rnonitc�_)r Florida Single Alu&li Act (Sta,ku,1'1'e 215.97) requirtad rients. 5 U, breci pie, Hame First Rate o'u M'scall Year (MMIDD/YY) I Last Date of Fiscal Year (MMIDDIYY) Total Fedov�� Phriancial Assistance Expendo-d during moat recently completed F-Jscal Year Tota0 State Financial Assistance Expended cdm-Ong most recently com letecl Fiscal Year Chat h RN. o5, B. Chach C '5'dapplicable A. The federal/state expenditure threshold for our fiscai year ending eas indicated above has been, met and a Single Audit as required by 2 CFR Rack 200, Subpar,� F has been completed ❑ �'o Or Will be completed ' by, - __. , p�e%s; of ce7nudit, ropoi"i zind mc-31,1nEAgicnment IE'Ater are attached or will be provided within 30 days of complefion. B. We are not subject to the requirements of O'IMB 2 CFR Park 9-00, Subpart F because we: R Did not exceed the expenditure threshold for the fiscal year indicated above El 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. C. Findings were noted, a current Status Upda*te of the responses and corrective action plan is included separate from the written response provided within theaudit. report. While we understand that the audit repot- contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc..imirplemented and when it was or wolf be implemented. Certification Statement I hereby certify that the above, information is true and accurate. V cg n a t U F e 'Davis Print H1 am, a and Title 06/18 Shelter for Abused Women & Children, Inc. ES19-01 Shelter Operations Page 34 u IAIE!JXHIBff T " E " EMERGE 1\",TC7Y SHELTERS Minim UM) The SUBPECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum' standards for Emergency Shelters, p as applicable: n rge i 24 CFR 576.403(b). Allinimum standards foi en e i cy shelters. Any building for which Emergency Solutions Grant (ESG) funds are used for conversion, major rehabilitation, or other renovations, must meet State or Local government safety and sanitation standards, as applicable, and the following minimum safety, sanitation and privacy standards. Any emergency shelter that receives assistance for shelter operations must also meet the following minimum safety, sanitation and privacy standards. The COUNTY may also establish standards that exceed or add to these minimurn standards. (1) Structure and materials, The shelter building must be structurally sound to protectresidents from the elements and not pose any threat to health and safety of the residents. Any renovation (including major rehabilitation and conversion) carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act (42 U.S..C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title 11 of the Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where applicable. (3) Space and security. Except where the shelter is intended for day use only,, the shelter must provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves. and their belongings. (4) Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply) The shelter's water supply must be free of contamination. (6) SM-italy facilities. Each program participant in the shelter must have access to sanitary p P %,r private and are adequate for personal facilities that are in rope operating condition, are pi cleanliness and the disposal of human waste. (7) Thermal environment. The shelter must have any necessary heating/cooling facilities in proper operating condition. (8) Illuminatimi and electricity. The shelter must have adequate natural or articial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment to store., prepare and serve food in a safe and sanitary manner. (10) Sanitary conditions. The shelter must be maintained in a sanitary condition. (11) Fire safety. There must be at least one working smoke detector in each occupied unit of the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing-impaired residents. All public areas of the shelter must have at least one working smoke detector. There must also be a second means of exiting the building in the event of fire or other emergency. Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 35 9 EXHIBIT "F" PERMANENT HOUSING The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards foi• Permanent Housing, as applicable: 24 CFR 576.403(c): Minimum standards for permanent housing. The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into housing that does not meet the minimum habitability standards provided in this paragraph. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. Any renovation (including major rehabilitation and conversion) carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act (42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where applicable. (3) Space and security. Except where the shelter is intended for day use only, the shelter must provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply. The shelter's water supply must be free of contamination. (6) Sanitary facilities. Each program participant in the shelter must have access to sanitary facilities that are in proper operating condition, are private and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The shelter must have any necessary heating/cooling facilities in proper operating condition. (8) Illumination and electricity. The shelter must have adequate natural or articial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment to store, prepare, and serve food in a safe and sanitary manner. (10) Sanitary conditions. The shelter must be maintained in a sanitary condition. (11) Fire safety. There must be at least one working smoke detector in each occupied unit of the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing-impaired residents. All public areas of the shelter must have at least one working smoke detector. There must also be a second means of exiting the building in the event of fire or other emergency. Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 36 EXHIBIT "G" COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care and other programs. (a) Consultation with the Continuum of Care. The SUBRECIPIENT and COUNTY must consult with the Continuum of Care to determine how to allocate ESG funds each program year; developing the performance standards for, and evaluating the outcomes of, projects and activities assisted by ESG funds; and developing funding, policies, and procedures for the administration and operation of the HMIS . (b) Coordination with other targeted homeless services. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community -wide system to prevent and end homelessness for that area. These programs include: (1) Shelter Plus Care Program (24 CFR part 582); (2) Supportive Housing Program (24 CFR part 583); (3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for Homeless Individuals (24 CFR part 882); (4) HUD—Veterans Affairs Supportive Housing (HUD–VASH) (division K, title II, Consolidated Appropriations Act, 2008, Pub. L. 110-161 (2007), 73 FR 25026 (May 6, 2008)); (5) Education for Homeless Children and Youth Grants for State and Local Activities (title VII– B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq. )); (6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services Act (42 U.S.C. 290aa-5); (7) Healthcare for the Homeless (42 CFR part 51 c); (8) Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.)); (9) Projects for Assistance in Transition from Homelessness (part C of title V of the Public Health Service Act (42 U.S.C. 290cc-21 et seq.)); (10) Services in Supportive Housing Grants (section 520A of the Public Health Service Act); (11) Emergency Food and Shelter Program (title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.)); (12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and Law Enforcement Act (42 U.S.C. 13975)); (13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans Comprehensive Assistance Act (38 U.S.C. 2021); (14) Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043); (15) VA Homeless Providers Grant and Per Diem Program (38 CFR part 61); (16) Health Care for Homeless Veterans Program (38 U.S.C. 2031); (17) Homeless Veterans Dental Program (38 U.S.C. 2062); (18) Supportive Services for Veteran Families Program (38 CFR part 62); and (19) Veteran Justice Outreach Initiative (38 U.S.C. 2031). Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 37 O (c) Systein and program coordination �i4th mainstream resources. The SUBRECIPIENl" and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with mainstream housing, health, social services, employment, education, and youth programs for which families and iRdividuals at risk of homelessness and homeless individuals and families may be eligible. Examples of these programs include: (1) Public housing programs assisted under section 9 of the U.S. Housing Act of 1937 (42 U.S.C. 14378) (24 CFR parts 905, 968, and 990); (2) Housing programs receiving tenant -based or project -based assistance under section 8 of the U.S. Dousing Act of 1937 (42 U.S.C. 1437f) (respectively 24 CFR parts. 982 and 983); (3) Supportive Housing for Persons with Disabilities (Section 811) (24 CFR. part 891), (4) HOME Investment Partnerships Program (24 CFR pail 92); (5) Temporary Assistance for Needy Families (TANF) (45 CFR parts 260-265); (6) Health Center Program (42 CFR part 51. c); (7) State Children's Health Insurance 'Program (42 CFR part 457): (8) Head Start (45 CFR chapter X111, subchapter B); (9) Mental Health and Substance Abuse Block Grants (45 CFR part 96); and (10) Services funded under the Workforce Investment Act (29 U.S.C. 2801 et seq. (d) Ceno-,alized or coordinated assessment. Once the Continuum of Care has developed a centralized assessment system or a coordinated assessment system in accordance with requirements to be established by HUD, each ESG-funded program or project within the Continuum of Care's area must use that assessment system. The COUNTY and SUBRECIPIENT must work with the Continuum of Care to ensure the screening, assessment and referral of program participants are consistent with the written standards required by paragraph (e) of this section. A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system.. (e) ITI'ritten standardsfor providing E,G assistance. The SUBRECIPIENT must have written standards for providing ESG.- assistance and. must consistently apply those standards for all program participants. Z� At a minimum these written standards must include: (1) Standard policies and procedures for evaluating individuals' and families' eligibility for assistance under ESG; (2) Standards for targeting and providing essential services related to street outreach; (3) Policies and procedures for admission, diversion, referral, and discharge by emergency shelters assisted under ESG, 'Including standards regarding length of stay, if any, and safeguards to meet the safety and shelter needs of special populations, e.g., victims of domestic violence, dating violence, sexual assault, and stalking; and individuals and families who have the highest barriers to housing and are likely to be homeless the longest; (4) Policies and procedures for assessing, prioritizing, and reassessing individuals' and families' needs for essential set -vices related to emergency shelter; (5) Policies and procedures for coordination among emergency shelter providers, essential services providers, homelessness prevention, and rapid re -housing assistance Providers; other homeless assistance providers-, and mainstream service and housing providers (see §576.400(b) and (c) for a list of programs with which ESG-funded activities must be coordinated and integrated to the maximum extent practicable); Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 38 P 0 (6) Policies and procedures for determining and prioritizing which eligible families and individuals will receive homelessness prevention assistance and which eligible families and individuals will receive rapid re -housing assistance; (7) Standards for determining what percentage or amount of rent and utilities costs each program participant must pay while receiving homelessness prevention or rapid re -housing assistance; (8) Standards for"determining how long a particular program participant will be provided with rental assistance and whether and how the amount of that assistance will be adjusted over time; and (9) Standards for determining the type, amount, and duration of housing stabilization and/or relocation services to provide to a program participant, including the limits, if any, on the homelessness prevention or rapid re -housing assistance that each program participant may receive, such as the maximum amount of assistance, maximum number of months the program participant receive assistance; or the maximum number of times the program participant may receive assistance. (f) Participation in HMIS. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community -wide HMIS or a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. If the SUBR.ECIPIENT is a victim service provider or a legal services provider, it may use a comparable database that collects client -level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provided to an HMIS. Shelter for Abused Women & Children, Inc. ES 19-01 Shelter Operations Page 39 C�� FAIN # E -19 -UC -12-0016 Federal Award Date EST 10/2019 Federal Award Agency HUD CFDA Name Emergency Solutions Grant CFDA/CSFA# 14.231 Total Amount of Federal Funds Awarded $40,000.0.0 Subrecipient Name COLLIERCOUNTY HUNGER & HOMELESS COALITION, INC. DUNS# 150713423 FEIN 04-3610154 R&D No Indirect Cost Rate No Period of Performance December 1, 2019 — November 30, 2020 Fiscal Year End 12/31 Monitor End: 08/21 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HUNGER AND HOMELESS COALITION, INC. Homeless Management Information System Project THIS AGREEMENT is made and entered into this day of , 20195 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 COLLIER COUNTY HUNGER AND HOMELESS COALITION, INC., a private not-for-profit corporation existing under the laws of the State of Florida, SUB RECIPIENT") having its principal office at 3510 Kraft Rd, Suite 200, Naples, FL 34101. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) for a grant to execute and implement the Emergency Solutions Grant (ESG) grant program in certain areas of Collier County, pursuant to the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act (24 CFR 576) amending the McKinney-Vento Homeless Act (42 U.S.C. 11371-11378); and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit homeless individuals in Collier County with the use of ESG funds to improve the quality of life in Collier County by providing assistance for any of the following five (5) program components (street outreach, emergency shelter, homelessness prevention, rapid re -housing assistance and Homeless Management Information System [HMIS]); and Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 1 2 WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One -Year Action Plans for Federal Fiscal Year 2019-2020 for the ESG Program at the June 25, 2019, Agenda Item Board of County Commissioners meeting. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART I SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ESG funds, as determined by Collier County Community and Human Services Division (CHS), perform the tasks necessary to conduct the program as follows: PROJECT DETAILS Emergency Solutions Grant ESG Program, Homeless Management Information System Project: Project Component One: Software costs, administration, technical assistance and maintenance of HMIS system to maintain maximum utilization of allocated user licenses throughout contract duration. Project Component Two: Equipment Project Component Three: Additional Licenses 1. Project Tasks: a. Attend monthly Continuum of Care meeting and provide HMIS updates b. Provide quarterly reports on meeting an ESG Eligible Activity 2. ESG Documentation Requirements Compliance Criteria: Activities carried out with funds provided under this Agreement will contribute to a program designed to be the first step in a continuum of assistance to enable homeless individuals and families to move toward independent living, as well as prevent homelessness, as defined in 24 CFR Part 576 (Subpart B Eligible Activities 576.21). 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, the SUBRECIPIENT must deliver to CHS all Grant and Special Conditions policies, as outlined in Section 1.1 B., below. B. The following resolutions and policies must be submitted within 60 days of this agreement. ® Affirmative Fair Housing Policy ® Affirmative Action/ Equal Opportunity Policy Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 2 Affirmative Action Plan � Conflict of Interest Policy � Procurement Policy ❑ Uniform Relocation Act Policy Sexual Harassment Policy � Procedure for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12U.S.C. 794 1 u) F-1 Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) � Fraud Policy � Violence Against Women Act (VAWA) Policy � LGBTQ Policy C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the CHS Notice to Proceed (NTP) letter. Violation of this provision will result in the denial of any reimbursement of funds under this Agreement. 1.1.1 PROJECT DETAILS A. Project Description/Budget The budget identified for the Homeless Management Information System (HMIS) shall be as follows: Description Federal Amount ESG Match 1:1 Project Component 1: Software costs, administration, $35,000.00 technical assistance and maintenance of HMIS system to maintain maximum utilization of allocated user licenses throughout contract duration. Project Component 2: E ui ment $1,468.75 Project Component 3: Additional Licenses $ 35531.25 ESG Match Requirement: Match is required for a minimum of Documentation of $34,900.00 dollar for dollar, to the total amount required, with each ESG Eligible submitted pay request. Matching Funds Total Federal Funds: $40,000.00 $34,900.00 The SUBRECIPIENT will accomplish the following checked project tasks: F-1 Pay all closing costs related to property conveyance F-1 Maintain and provide to the COUNTY, as requested, beneficiary income certification documentation, which supports the presumed benefit of homeless participants ® Provide Quarterly Reports and project progress ® Required attendance by a representative from executive management at quarterly partnership meetings, as requested by CHS. Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 3 0 El Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation. F-1 Identify Lead Project Manager F-1 Provide Site Design and Specifications ❑ Comply with Davis Bacon Labor Standards F-1 Provide certified payroll weekly throughout construction and rehabilitation F-1 Comply with Uniform Relocation Act (URA), if necessary F-1 Ensure applicable numbers of units are Section 504/ADA accessible 1-1 Ensure the applicable affordability period for the project is met B. Program Components/Eligible Activities All services/activities funded with ESG funds must meet one of the ESG program components, as defined in 24 CFR 576: StLreet Outreach: funds may cover costs related to essential services for unsheltered persons (including emergency health or mental health care, engagement, case management and services for special populations. o Emergency ShOter: funds may be used for renovation of emergency shelter facilities and the operation of those facilities, as well as services for the residents (including case management, child care, education, employment assistance and job training, legal, mental health, substance abuse treatment, transportation and services for special populations). 0 Homelessness Prevention and Lapid Re -H : both components fund housing relocation and stabilization services (including rental application fees, security deposits, utility deposits or payments, last month's rent and housing search and placement activities). Housing may also be used for short or medium-term rental assistance for those who are at -risk of becoming homeless or transitioning to stable housing. ® HINTS: funds may be used to pay the costs for contributing data to the HMIS designated by the Continuum of Care for the area. Eligible activities include (computer hardware, software, or equipment, technical support, office space, salaries of operators, staff training costs and participation fees). C. Project Outcome SU3RECIPIENT will complete HMIS activities such as, HMIS software and licenses for a maximum of 75 users. CHS may provide equipment to be used for the facilitation of the HMIS program. D. Performance Deliverables Program Deliverable Deliverable Supporting Documentation Submission Schedule Special Grant Condition Policies as stated in this Within sixty (60) days of agreement Policies Section 1.1 agreement execution Insurance Insurance Certificate Within 30 days of agreement execution and annually within thirty (3 0) days of renewal Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 4 f.� Detailed roject Schedule Project Schedule N/A Project Plans and Site Plans and Specifications N/A S ecifications payment as evidenced by cancelled month following the Subcontractor Log Subcontractor Lo N/A Submission of Progress Quarterly Report — Exhibit C Quarterly; within 10 days after the Report may be requested. end of the quarter. (even if zero) utilization of allocated user Final report due 60 days after licenses throughout contract agreement ends. Section 3 Report Quarterly reports on new hire Quarterly; within 10 days after the Project Component 2: Equipment information end of the quarter, until project is Project Component 3: Additional complete Davis -Bacon Act Certified Weekly Certified Payroll N/A Payroll reports, forms, and supporting Monthly by 10' of the documentation month following the Financial and Compliance Audit, Management Letter and Nine (9) months for Single Audit Audit Exhibit D OR one hundred and eighty (180) days after FY end. Program Income Reuse Plan Plan Approved by the County N/A E. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Software Exhibit B along with proof of invoice Monthly by 101h of the costs, administration, payment as evidenced by cancelled month following the technical assistance and check or bank statement, vendor payment of software maintenance of HMIS system Y invoice, and an other documents that Y or other related to maintain maximum may be requested. invoices. utilization of allocated user licenses throughout contract duration. Project Component 2: Equipment Project Component 3: Additional Licenses ESG Match Exhibit B 1 along with supporting match Monthly by 10' of the documentation month following the month of service. 1.3 PERIOD OF PERFORMANCE Services of the SUBRECIPIENT shall start on December 1, 2019 and shall end on November 3 0, 2020. The services/activities of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. 1.4 AGREEMENT AMOUNT Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 5 The COUNTY agrees to make available FORTY THOUSAND DOLLARS AND ZERO CENTS ($40,000.00) for use by the SUBRECIPIENT, during the Term of the Agreement (hereinafter, shall be referred to as the "Funds"). Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between project components shall not be more than 10 percent and does not signify a change in scope. Fund shifts that exceed 10 percent of a project component shall only be made with Board approval. All services/activities specified in Part 1. Scope of Services shall be performed by SUBRECIPIENT employees or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and that meets Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder as further set forth in Section 13.3. of this Agreement. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, 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 CHS. SUBRECIPIENT may not request disbursement of ESG 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 may 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 after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. No payment will be made until approved by CHS 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 Ch. 218, Part VII, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grants management rules for cost allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section (Section 1.5 -Cost Principles) of this Agreement, SUBRECIPIENT is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 6 CCNO Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the projects referenced above as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the Subrecipients and Contractors shall be in compliance with 2 CFR Subpart E -Cost Principles. A Developer is not subject to 2 CFR Subpart E, however the COUNTY is Subject to 2 CFR Subpart E and may impose requirements upon the Developer in order for the COUNTY to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, and personal delivery, 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: Carolyn Noble, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Carolyn.Noble@colliercountyfl.gov Telephone: (239) 252-5393 SUBRECIPIENT COLLIER COUNTY HUNGER AND HOMELESS COALITION, INC. ATTENTION: Christine Welton, Executive Director Physical Address: 3 510 Kraft Rd., Suite 200 Naples, FL 34105 Mailing Address: PO Box 9202, Naples, FL 34101 Telephone: (239) 263-9363 Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 7 C� PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS 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. Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current COUNTY policy concerning SUBRECIPIENT audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F -Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 576.500 to determine compliance with the requirements of this agreement, the ESG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: A. All records required by ESG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY to perform the service. C. 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 CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), 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. D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent, and secured location for five (5) years after the date of Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 8 submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333, with the following exception: if any litigation, claim, or audit is started before the expiration date of the five (5) 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 2 CFR 200.336.- The SUBRECIPIENT shall 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 Agreement 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 COUNTY. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION 4F CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329 Michael. Coxgcolliercount�fl.gov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall document how the Program Component(s), as defined in 24 CFR 576.100 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 576.100, income certification, and written agreements with beneficiaries, where applicable. F. 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 119, Florida Statutes 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 2 CFR 200.336 and 2 CFR 200.337. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit D) to the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180) days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may 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 Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 9 request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-performance based on goals and performance standards, as stated, with all other applicable laws, regulations, and policies governing the funds provided under- this Agreement further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect and correct incidents of waste, fraud and abuse in the performance of this Agreement and to provide for the proper and effective management of all Program and fiscal activities by the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events are to be clearly documented and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall give COUNTY complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent waste, fraud, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the SUBRECIPIENT and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 10 i� I i4I% 1 • Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the entity, as needed, in order to correct the non-compliance issue. 2. If in the case a Subrecipient fails to submit the corrective action plan in a timely manner to the Division, the Division may require a portion of the awarded grant amount be returned to the Division. • The COUNTY may require upwards of five percent (5%) of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. • The SUBRECIPIENT may be denied future consideration as set forth in Resolution No. 2013-228 3. If in the case the SUBRECIPIENT continues to fail to correct the outstanding issue or repeats an issue that was previously corrected and has been informed by the Division of their substantial non-compliance by certified mail; the Division may require a portion of the awarded grant amount or the amount of the ESG investment for acquisition of the properties conveyed, be returned to the Division. • The Division may require upwards of ten percent (10%) of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. • The entity will be in violation of Resolution No. 2013-228 4. If in the case after repeated notification the SUBRECIPIENT continues to be substantially non- compliant, the Division may recommend the contract or award be terminated. • The Division will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The SUBRECIPIENT will be required to repay all funds disbursed by the COUNTY for project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of the properties or other activities. • The SUBRECIPIENT will be in violation of Resolution No. 2013-228 If in the case the SUBRECIPIENT has multiple agreements with the Division and is found to be non- compliant, the above sanctions may be imposed across all awards at the BCC's discretion. 2.6 REPORTS 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. Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 11 LAC During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April, July and October, respectively, for the prior quarter period end. As pant 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 "C". Exhibit "C" .contains a sample reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or 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. 2.7 ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from ESG 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 ESG 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 or 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. Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 12 OCAO �. PART III TERMS AND CONDITIONS 3.1 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. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning the HEARTH Act. The SUBRECIPIENT also agrees to comply with all other applicable Federal, State, and Local laws, regulations, and policies governing the funds provided under this Agreement. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 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 COUNTY 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. 3.4 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 COUNTY's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or 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. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from ESG grant funds, provided by HUD, and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing ESG 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 or her sole discretion and judgment, that Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 13 (CAO) 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 perfonnance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 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. 3.7 COUNTY 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, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or- about the Program shall include the statement: "FINANCED IN PART BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" 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. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.339, this Agreement may also be terminated for convenience by either the COUNTY 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 COUNTY determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 14 �� 0 The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. 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; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; D. Submission by the SUBRECIPIENT to the COUNTY reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; G. 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: A. Require specific performance of the Agreement, in whole or in part; B . Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the COUNTY of all ESG funds that SUBRECIPIENT has received under this Agreement; D. Apply sanctions, if determined by the COUNTY to be applicable; E. Stop all payments, until identified deficiencies are corrected; F. 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. 3.9 MATCH REQUIRED SUBRECIPIENT must match ESG grant funds as referenced in l.l.l.A. Project Description/Budget and pursuant to 24 CFR 576.201. Matching funds shall be provided after the date of the grant award. Funds used to match a previous ESG grant may not be used to match a subsequent grant award. A SUBRECIPIENT may comply with its requirement by providing the matching funds from any source, including any Federal source other than the ESG program, as well as State, Local, and private sources. The SUBRECIPIENT must ensure the laws governing any Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 15 C.� federal funds to be used do not prohibit those funds from being used to match ESG funds. In order to meet the matching requirement, the matching contributions must meet all the requirements that apply to the ESG funds provided by HUD, as required by 24 CFR 576.201(c). Matching contributions may be in the form of the following: 1. Cash contributions; or 2. Non-cash contributions calculated per requirements, in 24 CFR 576.201(e), to include the value of any real property, equipment, goods, or services contributed to the SUBRECIPIENT's ESG program, provided that if the SUBRECIPIENT had to pay for them with grant funds, the costs would have been allowable. Non-cash contributions may include: a. The purchase value of any donated material or building. SUBRECIPIENT shall determine the value of any donated material or building, or of any lease, using a method reasonably calculated to establish a fair market value. b. Match in the form of services provided by individuals must be valued at rates consistent with those ordinarily paid for similar work in the SUBRECIPIENT's organization. If the SUBRECIPIENT does not have employees performing similar work, the rates must be consistent with those ordinarily paid by other employers for similar work in the same labor market. 3. Costs paid by program income shall count toward meeting the SUBRECIPIENT's matching requirements, provided the costs are eligible ESG costs that supplement the ESG program. 3.10 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 ESG funds. 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. Regulations regarding real property and equipment are subject to 2 CFR 200.311. 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required, as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained and said insurance shall be carried at all times during SUBRECIPIENTS's performance under the agreement. 3.12 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the Emergency Solutions Grant. (24CFR576 et seq.) Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 16 _=4m � 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.318 through .326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: -Range: Competition Required $0 - $3,000 Single Quote with documentation $35000 - $5000 3 Written Quotes $50,000+ Formal Solicitation (ITB, RFP, etc) All improvements specified in Part 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 contracts for improvements with the lowest, responsible, and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.14 PROGRAM -GENERATED INCOME No Program Income is anticipated. In the event there is Program Income derived from the use of ESG funds disbursed under this Agreement, such Program Income shall be retained by the SUBRECIPIENT for use in the Emergency Solutions Grant Program. Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by ESG funds shall be reported to the COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 576.201 in the operation of the Program. When program income is generated by an activity that is only partially funded with ESG funds, the income shall be prorated to reflect the percentage of ESG funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's Emergency Solutions Grant Program, for further reallocation. 3.15 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 are not 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 Part 2.2, 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. Closeout procedures must take place in accordance with 2 CFR 200.343 and ensure all federal grant requirements have been completed. Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 17 C 0l 3.16 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, homeless individuals have priority over other Section 3 residents, in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u), and implementing regulations at 24 CFR Part 135 requires that to the greatest extent feasible employment and economic opportunities be directed to low and very low income residents of the 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 (as defined in 42 U.S.C. 5302(a)) in which the project is located. To the maximum extent practicable, the SUBRECIPIENT shall involve homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under ESG, in providing services assisted under ESG, and in providing services for occupants of facilities assisted under ESG. This involvement may include employment or volunteer services. Section 3 is relative to any of the SUBRECIPIENT's 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. 3.17 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 Agreement. As used in this Agreement, 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. 3.18 PROGRAM BENEFICIARIES N/A 3.19 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. Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 18 c� The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 3.20 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 576.404, 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. 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, its employees, or its contractors shall be disclosed, in writing, to CHS 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. 3.21 EMERGENCY SHELTERS Any emergency shelter that receives assistance for shelter operations must also meet minimum safety, sanitation, and privacy standards (Exhibit E), as required by 24 CFR 576.403(b). 3.22 PERMANENT HOUSING Assistance for program participants to remain or move into housing must meet the minimum habitability standards (Exhibit F) provided in 24 CFR 576.403(c) and all applicable State and Local housing codes, licensing requirements, and any other requirements in the jurisdiction in which the housing is located regarding the condition of the structure and the operation of the housing. 3.23 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must document their compliance with the requirements of 24 CFR 576.400 for consulting with the Continuum of Care and coordinating and integrating ESG assistance with programs targeted toward homeless people and mainstream service and assistance programs (Exhibit G). 3.24 HOMELESS PARTICIPATION The SUBRECIPIENT must document its compliance with the homeless participation requirements under 24 CFR 576.405(c). Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 19 3.25 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND PROCEDURES The SUBRECIPIENT must keep documentation evidencing the use of and written intake procedures for the centralized or coordinated assessment system(s) developed by the Continuum of Care in accordance with the requirements established by HUD and identified in 24 CFR 576.500(g). 3.26 CONDITIONS FOR RELIGIOUS ORGANIZATIONS ESG funds may be used by religious organizations or on property owned by religious organizations only -in accordance with requirements set in, Section 24 CFR 576.406. 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 ESG 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, ESG 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 ESG funds in this part. Sanctuaries, chapels, or other rooms that an ESG funded religious congregation uses as its principal place of worship, however, are ineligible for ESG funded improvements. 3.27 INCIDENT REPORTING If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. 3.28 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. Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 20� PART IV GENERAL PROVISIONS 1. 24 CFR Part 576 Emergency Solutions Grants Program, as amended. — All the regulations regarding the ESG Program. 2. Environmental Protection Agency (EPA) regulations pursuant to 24 CFR Part 5 8, as amended. https://www.eefr.gov/cgi-bin/text-idx?tpl—/ecfrbrowse/Title24/24cfr5 8 main 02.tp1 3 . Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended. https://www.hudexchange.info/resource/2184/housing-and-community- development-hcd-act-of-1974/ https://www.gpo.gov/fdsys/pkg/PLAW- 104pub1120/html/PLAW-104publ 120.htm 4. Title VI of the Civil Rights Act of 1964 as amended, along with Executive Order 13166 https://www hhs. gov/civil-rights/for-individuals/special-topics/needy-families/civil-rights- requireinents/index.html https://www.justice.gov/crt/executive-order-13166 5. Title VIII of the Civil Rights Act of 1968 as amended https://www.eeoc.gov/laws/statutes/titlevii.cfm 6. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.law.comell.edu/cfr/text/24/570.601 7. 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. https://www.eeoc.gov/eeoc/history/35th/thelaw/eo-I 1246.html 8. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972) 42 U.S.C. § 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. https://www.eeoc.Rov/laws/statutes/titlevii.cfm 9. 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 foi-th 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 Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT, and any of the SUBRECIPIENT's Subrecipients 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. https://v✓ww.hudexchange.info/resource/233 0/24-cfr-part-13 5 -section -3 -regulations/ Collier County Hunger and Homeless Coalition, Inc. t ES 19-03 Project Name Page 21 c� , 10. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: A. "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." 11. The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint 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 ESG-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 ESG-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. 12. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 13. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 114785 12107 and 12086. https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_and_related_law 14. Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.,gov/whd/reas/statutes/safe0l.p df 15. Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8. https•//www.hud.gov/sites/documents/5784 N 01 NOTICE 5 I S 14.PDF 16. Title II of the Americans with Disabilities Act (42 U.S.C. 12131 et seq.) and 28 CFR Part 35 as applicable https://www.law.cornell.edu/uscode/text/42/12131 17. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.gov/real—estate/uniform—act/index.cfm 18. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675 Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 22 19. 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 Emergency Solutions Grant Contracts. https://ogc.commerce.gov/page/executive-order-11625 20. 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. https://www.law.comell.edu/cfr/text/24/570.607 21. Public Law 100-430 - the Fair Housing Act (42 U.S.C..3601, et seq.) and implementing regulations V at 24 CFR Part 100. https://www.gpo. ov/fds�s/pkg/STATUTE-102/pdf/STATUTE-102- Pgl619.pdf 22. Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 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. https://www.uscis.gov/tools/glossary/immigration-refonn- and-control-act-1986-irca 23. 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. 2004-055 as amended, and County Administrative Procedure 5311. http •//sp 16/sites/HumanResources/Share d%2ODocuments/County-Practices-and-Procedures- (CMA)/CMA%205311%20Code%20oP/o20Ethics%20and%20Anti%20Fraud%20NEW.pdf https://www.coIliereIerk.com/records-search/bmr-records-search 24. 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 SUBRECIPIENT's discretion. 25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20th Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 23 26. The SUBRECIPIENT agrees to comply with the following requirements: Clean Air Act, 41 U.S.C. 7401, et seq. Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq., as amended 1318 relating to inspection, monitoring, entry, reports and information as well as other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued there under. https://www.g o ov/fds�s/pkg/USCODE-2010-title42/html/USCODE-2010-title42-chap85.htm https://www.gpo.gov/fdsys/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33-chap26.pdf 27. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by Federal Emergency Management Agency (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. bttps://www.fema.R v/m edi a- I ibrqa/as sets/do cum ents/72 7 7 https://www.gpo.gov/fdsys/granule/CFR-2012-title24-vola/CFR-2012-title24-vol3-sec570-605 28. All shelters assisted under the ESG program and all housing occupied by program participants must adhere to the requirement of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821- 4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856) and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M and R. Such regulations pei-fain to all HUD -assisted housing and require that all owners, prospective owners and tenants of properties construction prior to 1978 be properly notified that such properties may include lead- based paint. Such notifications shall point out the hazards of lead-based paints and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. http•//uscode.house.gov/view.xhtml?path=/prelimgtitle42/chgpter63 &edition=prelim 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. https://www.nps.gov/histoa/local-law/nhpal 966.htm 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 U.S.C. 701). https://www.gpo.o�v/fds1—s/granule/USCODE- 2009-title4l /USCODE-2009-title4l-chap 10-sec701/content-detail.html 31. The SUBRECIPIENT agrees that no funds provided, nor personnel employed under the Agreement shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. (Hatch Act). https://www.gpo.gov/fdsys/granule/USCODE- Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 24� 2009-title4 l /USCODE-2009-title4l-chap 10-sec701/content-detail.html 32. 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. https://www.law.corne11.edu/cfr/text/24/part-570/subpart-K 33. 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. 34. 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 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. 35. Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101), set forth in Appendix A to 2 CFR Part 170 haps://www.gpo.gov/fds�s//pkg/PLAW-I09publ282/pdf/PLAW- 109publ2 82.pdf 36. 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, shall be subject to the provisions of 24 CFR 576.408 including, but not limited to, the provisions on use and disposition of property. A displaced person must be advised of his or her rights under the Fair Housing Act (42 U.S.C. 3601 et seq.). This policy does not require providing a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling (See 49 CFR 24.505(c)(2)(ii)(D). https://www.gpo. ov/fdsys/granule/CFR-2009-title49-voll/CFR- 2009-title49-vol 1-part24 37. 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. http:Hwww leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String=&UR L=0200-0299/0287/Sections/0287.133 .html 38, Lobbying - 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. Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 25 r� 39. 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 and shall comply with 24 CFR part 87. https://www.Iaw.comeI1.edu/cfr/text/24/part-87 40. 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; 41. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. https://www.gpo. ov/fdsys/granule/USCODE-2010- title3 l /USCODE-2010-title3 l-subtitlelI-chap 13-subchaplIl-sec 13 52/content-detail .html 42. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. https://www.gsa-gov/travel/plan-book/per-diem-rates 43. Any rule or regulation determined to be applicable by HUD. 44. Florida Statutes 119.021. Records Retention https:Hm.flsenate.gov/Statutes/119.021 45. Florida Statutes, 119.071, Contracts and Public Records https://www.lawserver.com/law/state/florida/statutes/florida statutes 119-07 46. Unaccompanied youth under 25 years of age, or families with children and youth who do not otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2, but who are defined under Section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)), Section 637(l 1) of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), Section 330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), Section 3(m) of the Food and Nutrition Act of 2008 7 U.S.C.2012(m)), Section 17(b)(15) of the Child Nutrition Act of 1966 (U.S.C. 1786 (b)(15)), Section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)) https•//www federalre i�r Dov/documents/2016/12/20/2016-30241/runaway-and-homeless- vouth 47. Section 6002 of the Solid waste Disposal Act as amended by the Resource Conservation and Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA guidelines https://www epa gov/enforcement/resource-conservation-and-recovery-act-rcra-and-federal- facilities https://www.law.cornell.edu/cfr/text/40/247.1 (Signature Page to Follow) Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 26 t� IN WITNESS WHEREOF, the Subreciplent and the County, have each, respectively, by ail aUthOriLed person or agent, hereunder set their hands alld seals on the date first Written above. ATTEST: CRYSTAL K. KINZEL, CLERK Dated: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA mm , Deputy Clerk WILLIAM. L. MCDANIEL, JR., CHAIRMAN (SEAL) Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney Date: Date: COLLIER COUNTY HUNGER AND HOMELESS COALI ION, INC. By: ( , "P CHRISTINE WELTON, EXr TIVE DIRECTOR Date: Collier County Hunger and Homeless Coalition, Inc, ES 19-03 Project Name Page 27 EXHIBIT "A" INSURANCE REQUIREMENTS_ The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 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. 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%)'pereent 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). Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 28 �� 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. 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 (As Their Interest May Appear). 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 with respect to this coverage A.T.I.M.A. Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 29 CAA EXHIBIT "B" COLLIER COUNTY COMMUNITY AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Collier County Hunger and Homeless Coalition, Inc. Subrecipient Address: PO Box 9202, Naples, FL 34101 Project Name: Emergency Solutions Grant — HMIS Project No: ES 19-03, IDIS # Payment Request # Total Payment Minus Retainage: Period of Availability: 12/01/19 through 11/30/20 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS l .Grant Amount Awarded 2.Sum of Past Claims Submitted on this Account 3.Total Grant Amount Awarded Less Sum of Past Claims Submitted on this Account 4.Amount of Today's Request 5.10% Retainage Amount withheld 6.Current Grant Balance (Initial Grant Amount . Award request) (includes Retainage) 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 as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 30 �y.�� MATCH FORM COLLIER COUNTY EXHIBIT B 1 REQUEST FOR MATCH SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Sub recipient Address: Project Name: Project No: SECTION II: STATUS OF FUNDS Match Request #: Match Amount Requested Today: 1. Total Match Amount Per Agreement 2. Total Amount of Previous Match Submitted 3. Total Match Amount Awarded Per Agreement Less Total Amount of Previous Match Submitted 4. Amount of Today's Request 5. Match Balance (Match per Agreement Less the Sum of All Match submitted) I certify that this request for payment/match has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT/DEVELOPER. To the best of my knowledge and belief, all grant requirements have been followed. Signature . Date Title Authorizing Grant Authorizing Grant Accountant Supervisor Department Director Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 31 �'`� EXHIBIT "C" HMIS (ESG) Quarterly Report Report Criteria for ALL users: 1. Number of current licensed users: 2. Number of new users this quarter: 3. Number of Training Sessions Provided: 4. Number of Technical Assistance Calls: 5. Number of current Agencies: 6. Number of Agencies set up this quarter: 7. Number of new projects set up by Administrator by type: Shelter Operations Emergency Shelter Rapid Re -housing Coordinated Assessment Transitional Housing Other (describe) Other (describe) Outreach Homelessness Prevention Permanent Housing Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 32� EXHIBIT "D" ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine i subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subrecipient Name First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DD/YY Total Federal Financial Assistance Expended during most recently corn leted Fiscal Year Total State Financial Assistance Expended during most recently completed Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has F-1 been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by .Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above � ❑ Are afor-profit organization ❑ Are exempt for other reasons —explain An audited financial statement is attached and if applicable, the independent auditor's manaaement letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature ®ate Print Name and Title 06/18 Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 33 EXHIBIT "E" HMIS COMPONENT The SUBRECIPIENT must adhere to 24 CFR 576.107 for the following eligible costs and general restrictions as applicable: 24 CFR 576.107: HMIS component. The SUBRECIPIENT may use ESG funds as follows: (a) Eligible costs. (1) The recipient or subrecipient may use ESG funds to pay the costs of contributing data to the HMIS designated by the Continuum of Care for the area, including the costs of: (i) Purchasing or leasing computer hardware; (ii) Purchasing software or software licenses; (iii) Purchasing or leasing equipment, including telephones, fax machines, and furniture; (iv) Obtaining technical support; (v) Leasing office space; (vi) Paying charges for electricity, gas, water, phone service, and high-speed data transmission necessary to operate or contribute data to the HMIS; (vii) Paying salaries for operating HMIS, including: (A) Completing data entry; (B) Monitoring and reviewing data quality; (C) Completing data analysis; (D) Reporting to the HMIS Lead; (F) Training staff on using the HMIS or comparable database; and (G) Implementing and complying with HMIS requirements; (viii) Paying costs of staff to travel to and attend HUD -sponsored and HUD -approved training on HMIS and programs authorized by Title IV of the McKinney-Vento Homeless Assistance Act; (ix) Paying staff travel costs to conduct intake; and Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 34 (x) Paying participation fees charged by the HMIS Lead, if the recipient or subrecipient is not the HMIS Lead. The HMIS Lead is the entity designated by the Continuum of Care to operate the area's HMIS. (2) If the recipient is the HMIS lead agency, as designated by the Continuum of Care in the most recent fiscal year Continuum of Care Homeless Assistance Grants Competition, it may also use ESG funds to pay the costs of: (i) Hosting and maintaining HMIS software or data; (ii) Backing up, recovering, or repairing HMIS software or data; (iii) Upgrading, customizing, and enhancing the HMIS; (iv) Integrating and warehousing data, including development of a data warehouse for use in aggregating data from subrecipients using multiple software systems; (v) Administering the system; (vi) Reporting to providers, the Continuum of Care, and HUD; and (vii) Conducting training on using the system or a comparable database, including traveling to the training. (3) If the subrecipient is a victim services provider or a legal services provider, it may use ESG funds to establish and operate a comparable database that collects client -level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provided to an HMIS. (b) General restrictions. Activities funded under this section must comply with HUD's standards on participation, data collection, and reporting under a local HMIS. Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 35 0 EXHIBIT "F" PERMANENT HOUSING The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Permanent Housing, as applicable: 24 CFR 576.403(c): Minimum standards for permanent housing. The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into housing that does not meet the minimum habitability standards provided in this paragraph. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. Any renovation (including major rehabilitation and conversion) carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act (42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 3 5; where applicable. (3) Space and security. Except where the shelter is intended for day use only, the shelter must -,provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply. The shelter's water supply must be free of contamination. (6) Sanitary facilities. Each program participant in the shelter must have access to sanitary facilities that are in proper operating condition, are private and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The shelter must have any necessary heating/cooling facilities in proper operating condition. (8) Illumination and electricity. The shelter must have adequate natural or artificial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment to store, prepare, and serve food in a safe and sanitary manner. (10) Sanitary conditions. The shelter must be maintained in a sanitary condition. (11) Fire safety. There must be at least one working smoke detector in each occupied unit of the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing-impaired residents. All public areas of the shelter must have at least one working smoke detector. There must also be a second means of exiting the building in the event of fire or other emergency. Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 3 6 EXHIBIT "G" COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care and other programs. (a) Consultation with the Continuum of Care. The SUBRECIPIENT and COUNTY must consult with the Continuum of Care to determine how to allocate ESG funds each program year; developing the performance standards for, and evaluating the outcomes of, projects and activities assisted by ESG funds; and developing funding, policies, and procedures for the administration and operation of the HMIS . (b) Coordination with other targeted homeless services. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities. with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community -wide system to prevent and end homelessness for that area. These programs include: (1) Shelter Plus Came Program (24 CFR part 582); (2) Supportive Housing Program (24 CFR part 583); (3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for Homeless Individuals (24 CFR part 882); (4) HUD—Veterans Affairs Supportive Housing (HUD–VASH) (division K, title II, Consolidated Appropriations Act, 2008, Pub. L. 110-161 (2007), 73 FR 25026 (May 6, 2008)); (5) Education for Homeless Children and Youth Grants for State and Local Activities (title VII– B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.)); (6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services Act (42 U.S.C. 290aa-5); (7) Healthcare for the Homeless (42 CFR part 51 c); (8) Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.)); (9) Projects for Assistance in Transition from Homelessness (part C of title V of the Public Health Service Act (42 U.S.C. 290cc-21 et seq.)); (10) Services in Supportive Housing Grants (section 520A of the Public Health Service Act); (11) Emergency Food and Shelter Program (title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.)); (12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and Law Enforcement Act (42 U.S.C. 13975)); (13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans Comprehensive Assistance Act (38 U.S.C. 2021); (14) Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043); (15) VA Homeless Providers Grant and Per Diem Program (38 CFR part 61); (16) Health Care for Homeless Veterans Program (38 U.S.C. 2031); (17) Homeless Veterans Dental Program (38 U.S.C. 2062); (18) Supportive Services for Veteran Families Program (38 CFR part 62); and (19) Veteran Justice Outreach Initiative (38 U.S.C. 2031). Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 37 (c) System ani' pro gram coordination with mainstream resources, The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with mainstream housing, health, social services, employment, education, and youth programs for which families and individuals at risk of homelessness and homeless individuals and families inay be eligible. Examples of these programs include: (1) Public housing programs assisted under section. 9 of the U.S. Housing Act of 1937 (42 U.S.C. 1437g) (24 CF.R parts 905, 968, and 990); (2) Housing programs receiving tenant -based or project -based assistance under section 8 of the U.S. Housing Act of 1,937 (42 U.S,C. 1437f) (respectively 24 CFR parts 982 and 983); (3) Supportive Housing for Pcrsons with Disabilities (Section 8 1. 1.) (24 CFR part 891), (4) HOME Investment Partnerships Program (24 CFR part 92); (5) Temporary Assistance for Needy Families (TANF) (45 CFR parts 260-265); (6) Health Center Program (42 CFR part 51 c); (7) State Children's Health Insurance Program (42 CFR part 457): (8) Head Start (45 CFR chapter X111, subchapter B); (9) Mental Health and Substance Abuse Block Grants (45 CFR part 96); and, (10) Services funded under the Workforce Investment Act (29 U.S.C. 2801 et seq. (d) Cent7-0.17*zed or cow-dinated assessment. Once the Continuum of Care has developed a centralized assessment system or a coordinated assessment system in accordance with requirements to be established by I -IUD, each ESG-funded program or project within the Continuum of Care's area must use that assessment system. The COUNTY and SUBRECIPIENT must work with the Continuum of Care to ensure the screening, assessment and referral of program participants are consistent with the written standards required by paragraph (e) of this section. A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system. (e) TVritten stondards,for providing E. SG assistance, The SUBRECIPIENT must have written standards for providing ESG assistance and must consistently apply those standards for all program participants. At a minimum these written standards must include: (1) Standard policies and procedures for evaluating individuals' and families' eligibility for assistance under ESG; (2) Standards for targeting and providing essential services related to street outreach; (3) Policies and procedures for admission, diversion, ref-eiTal, and discharge by emergency -ds regarding length of stay., if shelters assisted under ESG, including standards any, and safeguards to meet the safety and shelter needs of special populations, e.g., victims of domestic. violence, dating violence, sexual assault, and stalking; and individuals and families who have the highest barriers to housing and are likely to be homeless the longest-, (4) Policies and procedures for assessing, prioritizing, and reassessing individuals' and families'needs for essential services related to emergency shelter: (5) Policies and procedures for coordination among emergency shelter providers, essential services providers, homelessness prevention, and rapid re -housing assistance providers; other homeless assistance providers; and MaiDstream service and housing providers (see §576.400(b) and (c) for a list of programs with which ESC -ftinded activities must be coordinated and integrated to the maximum extent practicable); Collier County Hunger and Homeless Coalition, Inc, ES19-03 Project Name Page 38 0 (6) Policies and procedures for determining and prioritizing which eligible families and individuals will receive homelessness prevention assistance and which eligible families and individuals will receive rapid re -housing assistance; (7) Standards for determining what percentage or amount of rent and utilities costs each program participant must pay while receiving homelessness prevention or rapid re -housing assistance; (8) Standards for determining how long a particular program participant will be provided with rental assistance and whether and how the amount of that assistance will be adjusted over time; and (9) Standards for determining the type, amount, and duration of housing stabilization and/or relocation services to provide to a program participant, including the limits, if any, on the homelessness prevention or rapid re -housing assistance that each program participant may receive, such as the maximum amount of assistance, maximum number of months the program participant receive assistance; or the maximum number of times the program participant may receive assistance. (f) Participation in HMIS. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community -wide HMIS or a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. If the SUBRECIPIENT is a victim service provider or a legal services provider, it may use a comparable database that collects client -level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be, entered directly into or provided to an HMIS. Collier County Hunger and Homeless Coalition, Inc. ES 19-03 Project Name Page 39 OOVO FAIN # E -19 -UC -12-0016 Federal Award Date EST 10/2019 Federal Award Agency HUD CFDA Name Emergency Solutions Grant CFDA/CSFA# 14.231 Total Amount of Federal Funds Awarded $31,040.00 Subrecipient Name NAMI COLLIER COUNTY, INC. DUNS# 82523 0993 FEIN 65-0047747 R&D No Indirect Cost Rate No Period of Performance January 1, 2020 — December 31, 2020 Fiscal Year End 6/30 Monitor End: 9/21 AGREEMENT BETWEEN COLLIER COUNTY AND NAMI Collier County, Inc Rapid Rehousing Assistance Project THIS AGREEMENT is made and entered into this day of . , 2019, 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 NAMI COLLIER COUNTY, INC, a private not-for-profit corporation existing under the laws of the State of Florida, ("SUBRECIPIENT") having its principal office at 6216 Trail Blvd., Building C, Naples, FL 34108. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) for a grant to execute and implement the Emergency Solutions Grant (ESG) grant program in certain areas of Collier County, pursuant to the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act (24 CFR 576) amending the McKinney-Vento Homeless Act (42 U.S.C. 11371-11378); and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit homeless individuals in Collier County with the use of ESG funds to improve the quality of life in Collier County by providing assistance for any of the following five (5) program components (street outreach, emergency shelter, homelessness prevention, rapid re -housing assistance and Homeless Management Information System [HMIS]); and NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 1 a° U WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One -Year Action Plans for Federal Fiscal Year 2019-2020 for the ESG Program at the Xxxx XX, 20XX, Agenda Item XXXXX Board of County Commissioners meeting. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART I SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ESG funds, as determined by Collier County Community and Human Services Division (CHS), perform the tasks necessary to conduct the program as follows: PROJECT DETAILS Emergency Solutions Grant ESG Program, Rapid Re -Housing Project: Project Component One: Short to medium term Rapid Rehousing Rental Assistance for literally homeless households with priority given to those persons or families with a serious mental illness including, but not limited to, rent, security deposits, application fees, utility deposits or payments, last month's rent, housing search and placement activities. 1. Project Tasks: a. Pay short to medium term rent for a minimum of 3 (three) literally homeless households with priority given to those persons or families with a serious mental illnesses. b. Facilitate referrals from participants who chose to participate, for some type of mental health case management services (David Lawrence Center, FACT, Self -Directed Care, Peer Support Specialist Program) to augment support provided by the NAMI ESG Housing Specialist. c. Maintain documentation on all households served in compliance with 24 CFR 576.500 d. Provide quarterly reports on meeting an ESG Eligible Activity 2. ESG Documentation Requirements Compliance Criteria: Activities carried out with funds provided under this Agreement will contribute to a program designed to be the first step in a continuum of assistance to enable homeless individuals and families to move toward independent living, as well as prevent homelessness, as defined in 24 CFR Part 576 (Subpart B Eligible Activities 576.21). NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 2 0 U 1.1 GRANT AICD SPECIAL COI\\Mff 7it HOPITS A. Within sixty (60) calendar days of the, execution of this agreement, the SUBRECIPIENT must deliver to CHS all Grant and Special Conditions policies, as outlined. ill Section 1. 1 B... below. B. The following resolutions and policies must be submitted within sixty (60) days of this agreement. ® Affirmative Fair Housing Policy Affirmative Action/ Equal Oppoituni-ty Policy El Affirmative Action Plan 0 Conflict of Interest Policy Procurement Policy F-1 Uniform Relocation Act Policy IX -1 Sexual Harassment Policy Procedure for meeting the requirements set fbith in Section 3 of the Housing and Urban Development Act of 1968, as amended (12U.S.C. 794 1 u) Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) Fraud Policy 0 Violence Against Women Act (VAwA) Policy LGBTQ Policy C. Environi-nentai Review Requirement (ERR.) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the CHS Notice to Proceed (NTP) letter. Violation of this provision will result in the denial of any reimbursement of funds under this Agreement. 1.2 PROJE CT DETAILS A. Project Description/Budget The budget. identified for the RzpR1k,1 Rehhousin g shall be as follows: Project Description Federal Amount Provided ESG Match 1:1 to SUBRECIPIENIT Project Component 1: Short to medium term Rapid $31,040.00 $31,040.00 Rehousing Rental Assistance for literally homeless households -viith priority given to those persons or families with a serious mental illness including, but not limited to, rent, security deposits, application fees, utility deposits or payments, last month's rent, housing search and placement activities. ESG Match Requirement: Match is required for a Documentation of ESG minimum of dollar for dollar with each submitted pay Eligible Matching Funds request. Total Federal Funds: _1040.00 311.040.00 NAMI COLLIER COUNTY, INC, ES 19-02 Project Name: Rapid Re -Housing Page 3 The SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance Maintain and provide to the COUNTY, as requested, beneficiary income certification documentation, which supports the presumed benefit of homeless participants Provide Quarterly Reports and project progress � Required attendance by a representative from executive management at quarterly partnership meetings, as requested by CHS. F-1 Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation. F-1 Identify Lead Project Manager F-1 Provide Site Design and Specifications ❑ Comply with Davis Bacon Labor Standards F-1 Provide certified payroll weekly throughout construction and rehabilitation F-1 Comply with Uniform Relocation Act (URA), if necessary F-1 Ensure applicable numbers of units are Section 504/ADA accessible F-1 Ensure the applicable affordability period for the project is met B. Program Components/Eligible Activities All services/activities funded with ESG funds must meet one of the ESG program components, as defined in 24 CFR 576: • Street Outreach: funds may cover costs related to essential services for unsheltered persons (including emergency health or mental health care, engagement, case management and services for special populations. • Emergency Shelter: funds may be used for renovation of emergency shelter facilities and the operation of those facilities, as well as services for the residents (including case management, child care, education, employment assistance and job training, legal, mental health, substance abuse treatment, transportation and services for special populations). • Homelessness Prevention and Rapid Re -Hou sin : both components fund housing relocation and stabilization services (including rental application fees, security deposits, utility deposits or payments, last month's rent and housing search and placement activities). Housing may also be used for short or medium-term rental assistance for those who are at -risk of becoming homeless or transitioning to stable housing. • IIMIS: funds may be used to pay the costs for contributing data to the HMIS designated by the Continuum of Care for the area. Eligible activities include (computer hardware, software, or equipment, technical support, office space, salaries of operators, staff training costs and participation fees). C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies as stated in this Within sixty (60) days of agreement Policies Section 1.1) a Bement execution NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 4 �� Insurance Insurance Certificate Within 30 days of agreement Project Component 1: Short Exhibit B along with proof of payment as execution and annually within thirty to medium term Rapid evidenced by vendor invoice, canceled (30)days of renewal Detailed project Schedule Project Schedule N/A Project Plans and Site Plans and Specifications N/A S ecifications landlord agreement (initial payment only) Subcontractor Log Subcontractor Lo N/A Submission of Progress Exhibit C Quarterly; within 10 days after the Report end of the quarter. Final report due rent, security deposits, 60 days after agreement ends. Section 3 Report Quarterly reports on new hire Within 10 days after the end of the deposits or payments, last information quarter, until project is complete. month's rent, housing search (QuarterlyReport) Davis -Bacon Act Certified Weekly Certified Payroll N/A Payroll reports, forms, and supporting Monthly match: a documentation minimum of dollar for Financial and Compliance Audit, Management Letter and Nine (9) months for Single Audit Audit Exhibit D OR one hundred and eighty (180) days after FY end. Program Income Reuse Plan Plan Approved by COUNTY N/A D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Short Exhibit B along with proof of payment as Monthly by 10th of to medium term Rapid evidenced by vendor invoice, canceled month following the Rehousing Rental Assistance checks, bank statements, utility bills, proof month of service. for literally homeless of homelessness, lease agreement, households withriori given p � landlord agreement (initial payment only) to those persons or families and any � other documents requested with a serious mental illness including, but not limited to, rent, security deposits, application fees, utility deposits or payments, last month's rent, housing search and placement activities. ESG Match: Exhibit B 1 with supporting Match Monthly match: a documentation minimum of dollar for dollar with each submitted pay request. 1.3 PERIOD OF PERFORMANCE Services of the SUBRECIPIENT shall start on January 1, 2020 and shall end on December 31, 2020. The services/activities of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 5 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available THIRTY-ONE THOUSAND FORTY DOLLARS AND ZERO CENTS ($31,040.00) for use by the SUBRECIPIENT, during the Term of the Agreement (hereinafter, shall be referred to as the "Funds"). Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between project components shall not be more than 10 percent and does not signify a change in scope. Fund shifts that exceed 10 percent of a project component shall only be made with Board approval. All services/activities specified in Part 1. Scope of Services shall be performed by SUBRECIPIENT employees or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and that meets Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder as further set for the in Section 13.3. of this Agreement. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, 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 CHS. SUBRECIPIENT may not request disbursement of ESG 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 may 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 after the end of the agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. No payment will be made until approved by CHS 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 Ch. 218, Part VII, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grants management rules for cost allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 6 (Section 1.5 -Cost Principles) of this agreement, Subrecipient is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the projects referenced above as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the SUBRECIPIENTS and Contractors shall be in compliance with 2 CFR Subpart E -Cost Principles. A Developer is not subject to 2 CFR Subpart E, however the COUNTY is Subject to 2 CFR Subpart E and may impose requirements upon the Developer in order for the COUNTY to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, and personal delivery, 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: Carolyn Noble, Grant Coordinator 3 3 3 9 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Carolyn.Noble@colliercountyfl.gov Telephone: (239) 252-5393 SUBRECIPIENT ATTENTION: Pamela Baker, Chief Executive Officer 6216 Trail Boulevard, Building C Naples, FL 34108 Email: pbaker@namicollier.org Telephone: (239)260-7303 NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 7 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS 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. Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning SUBRECIPIENT audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F -Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 576.500 to determine compliance with the requirements of this agreement, the ESG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: A. All records required by ESG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. 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 CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), 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. D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent, and secured location for five (5) years after the date of NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 8 submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333, with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5) 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 2 CFR 200.336. The SUBRECIPIENT shall 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 COUNTY. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329 Michael. Coxgcolliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. E. 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. F. 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 CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. SUBRECIPIENT shall document how the Program Component(s), as defined in 24 CFR 576.100 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 576.100, income certification, and written agreements with beneficiaries, where applicable. H. 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 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 9 exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit D) to the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180) days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may 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 CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor the performance of the SUBRECIPIENT to mitigate fraud, waste, abuse, or non-performance based on goals and performance standards, as stated, with all other applicable laws, regulations, and policies governing the funds provided under this Agreement further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 PREVENTION OF FRAUD AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this Agreement and to provide for the proper and effective management of all Program and fiscal activities by the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events are to be clearly documented and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall give COUNTY complete access to all of its records, employees and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate and prevent waste, fraud and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 10 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the SUBRECIPIENT and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. • Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. CHS will be available to provide Technical Assistance (TA) to the entity, as needed, in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Division, the Division may require a portion of the awarded grant amount be returned to the Division. • The COUNTY may require upwards of five percent (5%) of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. • The SUBRECIPIENT may be denied future consideration as set forth in Resolution No. 2013-228 3. If in the case an SUBRECIPIENT continues to fail to correct the outstanding issue or repeats an issue that was previously corrected and has been informed by the Division of their substantial non-compliance by certified mail; the Division may require a portion of the awarded grant amount or the amount of the ESG investment for acquisition of the properties conveyed, be returned to the Division. • The Division may require upwards of ten percent (10%) of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. • The SUBRECIPIENT will be in violation of Resolution No. 2013-228 4. If in the case after repeated notification the SUBRECIPIENT continues to be substantially non- compliant, the Division may recommend the contract or award be terminated. • The Division will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The SUBRECIPIENT will be required to repay all funds disbursed by the COUNTY for project that was NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 11 110 _y terminated. This includes the amount invested by the COUNTY for the initial acquisition of the properties or other activities. • The SUBRECIPIENT will be in violation of Resolution No. 2013-228 If in the case the SUBRECIPIENT has multiple agreements with the Division and is found to be non- compliant, the above sanctions may be imposed across all awards at the BCC's discretion. 2.6 REPORTS 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 10th 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 "C". Exhibit "C" contains a sample reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or 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. . 2.7 ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from ESG 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 ESG 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 or 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. NAMI COLLIER COUNTY, INC. ES 19-02 a a Project Name: Rapid Re -Housing Page 12 PART III TERMS AND CONDITIONS 3.1 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. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning the HEARTH Act. The SUBRECIPIENT also agrees to comply with all other applicable Federal, State, and Local laws, regulations, and policies governing the funds provided under this Agreement. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 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 COUNTY 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. 3.4 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 COUNTY's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or 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 COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from ESG grant funds, provided by HUD, and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing ESG 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 or her sole discretion and judgment, that NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 13 0 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. 3.6 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. 3.7 COUNTY RECOGNITION/SP ONS ORSHIP S The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports, and similar public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" 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. 3.8 DEFAULTS, REMEDIES AND TERMINATION In accordance with 2 CFR 200.339, this Agreement may also be terminated for convenience by either the COUNTY 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 COUNTY determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTEE may terminate the award in its entirety. NAMI COLLIER COUNTY, INC. ES I9-02 Project Name: Rapid Re -Housing Page 14 The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. 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; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; D. Submission by the SUBRECIPIENT to the COUNTY reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; G. 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: A. Require specific performance of the Agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the COUNTY of all ESG funds that SUBRECIPIENT has received under this Agreement; D. Apply sanctions, if determined by the COUNTY to be applicable; E. Stop all payments, until identified deficiencies are corrected; F. 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. 3.9 MATCH REQUIRED SUBRECIPIENT must match ESG grant funds dollar -for -dollar, pursuant to 24 CFR 576.201. Matching funds shall be provided after the date of the grant award. Funds used to match a previous ESG grant may not be used to match a subsequent grant award. A SUBRECIPIENT may comply with its requirement by providing the matching funds from any source, including any Federal source other than the ESG program, as well as State, Local, and private sources. The SUBRECIPIENT must ensure the laws governing any federal funds to be used do not prohibit those NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 15 funds from being used to match ESG funds. In order to meet the matching requirement, the matching contributions must meet all the requirements that apply to the ESG funds provided by HUD, as required by 24 CFR 576.201(c). Matching contributions may be in the form of the following: 1. Cash contributions; or 2. Non-cash contributions calculated per requirements, in 24 CFR 576.201(e), to include the value of any real property, equipment, goods, or services contributed to the SUBRECIPIENT's ESG program, provided that if the SUBRECIPIENT had to pay for there with grant funds, the costs would have been allowable. Non-cash contributions may include: a. The purchase value of any donated material or building. SUBRECIPIENT shall determine the value of any donated material or building, or of any lease, using a method reasonably calculated to establish a fair market value. b. Match in the form of services provided by individuals must be valued at rates consistent with those ordinarily paid for similar work in the SUBRECIPIENT's organization. If the SUBRECIPIENT does not have employees performing similar work, the rates must be consistent with those ordinarily paid by other employers for similar work in the same labor market. 3. Costs paid by program income shall count toward meeting the SUBRECIPIENT's matching requirements, provided the costs are eligible ESG costs that supplement the ESG program. 3.10 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 ESG funds. 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. Regulations regarding real property and equipment are subject to 2 CFR 200.311. 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until all insurance required, as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and said insurance shall be carried, at all times during SUBRECIPIENTS's performance under the agreement. 3.12 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the Emergency Solutions Grant. (24CFR576 et seq.) NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 16 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.318 through .326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: -Range: Competition Required _$0-$35000 Single Quote with documentation $3,000 - $505000 3 Written Quotes $505000+ Formal Solicitation (ITB, RFP, etc) All improvements specified in Part 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 contracts for improvements with the lowest, responsible, and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.14 PROGRAM -GENERATED INCOME No Program Income is anticipated. In the event there is Program Income derived from the use of ESG funds disbursed under this Agreement, such Program Income shall be retained by the SUBRECIPIENT for use in the Emergency Solutions Grant Program. Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by ESG funds shall be reported to the COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 576.201 in the operation of the Program. When program income is generated by an activity that is only partially funded with ESG funds, the income shall be prorated to reflect the percentage of ESG funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's Emergency Solutions Grant Program, for further reallocation. 3.15 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 are not 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 Part 2.2, 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. Closeout procedures must take place in accordance with 2 CFR 200.343 and ensure all federal grant requirements have been completed. NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 17 CAO 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subj ected 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, homeless individuals have priority over other Section 3 residents, in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u), and implementing regulations at 24 CFR Part 135 requires that to the greatest extent feasible employment and economic opportunities be directed to low and very low income residents of the 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 (as defined in 42 U.S.C. 5302(a)) in which the project is located. To the maximum extent practicable the SUBRECIPIENT shall involve homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under ESG, in providing services assisted under ESG, and in providing services for occupants of facilities assisted under ESG. This involvement may include employment or volunteer services. Section 3 is relative to any of the SUBRECIPIENT's 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. 3.17 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 Agreement. 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. 3.18 PROGRAM BENEFICIARIES One Hundred percent (100%) of the beneficiaries of a project funded through this Agreement must be at risk of homelessness, as defined by 24 CFR 576.2 3.19 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. NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 18 CAO The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 3.20 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 576.404, 2 CFR 200.318, and the State and County statutes, regulations, ordinance, or resolutions governing conflicts of interest. 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, its employees, or its contractors shall be disclosed, in writing, to CHS 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. 3.21 EMERGENCY SHELTERS Any emergency shelter that receives assistance for shelter operations must also meet minimum safety, sanitation and privacy standards (Exhibit E), as required by 24 CFR 576.403(b). 3.22 PERMANENT HOUSING Assistance for program participants to remain or move into housing must meet the minimum habitability standards (Exhibit F) provided in 24 CFR 576.403(c) and all applicable State and Local housing codes, licensing requirements, and any other requirements in the jurisdiction in which the housing is located regarding the condition of the structure and the operation of the housing. 3.23 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must document their compliance with the requirements of 24 CFR 576.400 for consulting with the Continuum of Care and coordinating and integrating ESG assistance with programs targeted toward homeless people and mainstream service and assistance programs (Exhibit G). 3.24 HOMELESS PARTICIPATION The SUBRECIPIENT must document its compliance with the homeless participation requirements under 24 CFR 576.405(c). NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 19 cA- te) 3.25 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND PROCEDURES The SUBRECIPIENT must keep documentation evidencing the use of and written intake procedures for the centralized or coordinated assessment system(s) developed by the Continuum of Care in accordance with the requirements established by HUD and identified in 24 CFR 576.500(g). 3.26 CONDITIONS FOR RELIGIOUS ORGANIZATIONS ESG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 576.406. 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 it does not use direct ESG 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, ESG 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 ESG funds in this part. Sanctuaries, chapels, or other rooms that a ESG funded religious congregation uses as its principal place of worship, however, are ineligible for ESG funded improvements. 3.27 INCIDENT REPORTING If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. 3.28 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. NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 20 (CAS PART IV GENERAL PROVISIONS 1. 24 CFR Part 576 Emergency Solutions Grants Program, as amended. — All the regulations regarding the ESG Program. 2. Environmental Protection Agency (EPA) regulations pursuant to 24 CFR Part 5 8, as amended. https://www.ecfr.gov/cgi-bin/text-idx?tpl=/eefrbrowse/Title24/24cfr5 8—main- 3. _main_3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended. https://www.hudexchange.info/resource/2184/housing-and-community- development-hcd-act-of-1974/ https://www.gpo.gov/fdsys/pkg/PLAW-1 04publ120/html/PLAW-'1 04publl 20.htm 4. Title VI of the Civil Rights Act of 1964 as amended, along with Executive Order 13166 https://www.hhs.goy/civil-rights/for-individuals/special-topics/needy-families/civil-rights- requirements/index.html https://www j ustic e. gov/crt/executive- order- 13 16 6 5. Title VIII of the Civil Rights Act of 1968 as amended https://www.eeoc.gov/laws/statutes/titlevii.cfm 6. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.law.comell.edu/cfr/text/24/570.601 7. 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. https://www.eeoc.gov/eeoc/histoiy/35th/thelaw/eo-I 1246.html 8. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 U.S.C. § 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. https://www.ecoc.aov/laws/statutes/titlevii.cfm 9. 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 Agreement, 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. https://www.hudexchange. info/resource/23 3 0/24-efr-part-13 5 -section -3 -regulations/ NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 21 �.CA �.�^ _rte. 10. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: A. "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." 11. The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint 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 ESG-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 ESG-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. 12. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 13. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_ housing_and_related_law 14. Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safeO l .pdf 15. Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8. https://www.hud.gov/sites/documents/5784 N_01 NOTICE_ 5_ 15_14.PDF 16. Title II of the Americans with Disabilities Act (42 U.S.C. 12131 et seq.) and 28 CFR Part 35 as applicable https://www.Iaw.cornell.edu/uscode/text/42/12131 17. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.gov/real—estate/uniform—act/index.cfi-n 18. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=236'-7/.0 COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 22 0FA0 19. 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 Emergency Solutions Grant Contracts. https://ogc.commerce.gov/page/executive-order-11625 20. 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. https://www.law.comell.edu/cfr/text/24/570.607 21. Public Law 100-430 -the Fair Housing Act (42 U.S.C. 3 60 1, et seq.) and implementing regulations at 24 CFR Part 100. https://www.gpo. og v/fdsys/pkg/STATUTE-102/pdf/STATUTE-102- Pgl619.pdf 22. Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 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. https://www.uscis.gov/tools/ lossary/immigrration-reform- and-control-act-19 86-irca 23. 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. 2004-053 as amended, and County Administrative Procedure 5311. http://sp 16/sites/HumanResources/Shared%20Documents/County-Practices-and-Procedures- (CMA)/CMA%205 311%20Code%20oP/o20Ethics%20and%20Anti%20Fraud%20NEW.pdf https://www.coIlierclerk.com/records-search/bmr-records-search 24. 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 SUBRECIPIENT's discretion. 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, 201 Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 23 r 26. The SUBRECIPIENT agrees to comply with the following requirements: Clean Air Act, 41 U.S.C. 7401, et seq. Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq., as amended 1318 relating to inspection, monitoring, entry, reports and information as well as other- requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued there under. https://www.gpo.gov/fdsys/pkg/USCODE-20 I 0-title42/html/USCODE-20 I 0-title42-chap85.htm https://www.gpo.gov/fdsys/pkg/USCODE-2011-title33/pdf/USCODE-2011-title3 3-chap26.pdf 27. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U. S .C. 4001 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall ensure that for activities located in an area identified by Federal Emergency Management Agency (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. https://www.fema.gov/media-library/assets/documents/7277 https://www.gpo.gov/fdsys/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-605 28. All shelters assisted under the ESG program and all housing occupied by program participants must adhere to the requirement of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821- 4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856) and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M and R. Such regulations pertain to all HUD -assisted housing and require that all owners, prospective owners and tenants of properties construction prior to 1978 be properly notified that such properties may include lead- based paint. Such notifications shall point out the hazards of lead-based paints and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. http://uscode.house. gov/view.xhtml?path=/prelim(a�,title42/chgpter63 &edition=prelim 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. https://www.nps.gov/histoL-v/local-law/nhpal966.htm 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 U.S.C. 701). https://www.gpo.gov/fdsys/granule/USCODE- 2009-title4 l /USCODE-2009-title4l-chap 10-sec701/content-detail.html 31. The SUBRECIPIENT agrees that no funds provided, nor personnel employed under the Agreement shall be in any way or to any extent engaged in the conduct of political activities in violation of NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 24 CAO Chapter 15 of Title V of the U.S.C. (Hatch Act). https://www.gpo. ov/fdsys/granule/USCODE- 2009-title4 l /USCODE-2009-title4 l -chap 10-sec701/content-detail.html 32. 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. https://www.law.come11.edu/cfr/text/24/part-570/subpart-K 33. 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. 34. 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 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. 35. Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101), set forth in Appendix A to 2 CFR Part 170 https://www.gpo. ov/fdsys/pkg/PLAW-109publ282/pdf/PLAW- 109publ282.pdf 36. Any real property acquired by the SUBRECIPIENT for carrying out 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, shall be subject to the provisions of 24 CFR 576.408 including, but not limited to, the provisions on use and disposition of property. A displaced person must be advised of his or her rights under the Fair Housing Act (42 U.S.C. 3601 et seq.). This policy does not require providing a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling (See 49 CFR 24.505(c)(2)(ii)(D). https://www.gpo.gov/fds-ys/granule/CFR-2009-title49-vol 1 /CFR-2009-title49-vol 1-part24 37. 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. http://www leg state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search Strin =&UR L=0200-0299/0287/Sections/0287.13 3 .html 38. Lobbying - 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. NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 25 CAO 0 3 9. 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 and shall comply with 24 CFR part 87. https://www.law.comell.edu/cfr/text/24/Tai-t-87 40. 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; 41. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 13 52, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. httl)s://www.gpo.gov/fdsys/granule/USCODE-2010- title3 l /USCODE-2010-title3 l-subtitlell -chap 13-subchapIII-sec 13 52/content-detail.html 42. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. https://www.gsa.gov/travel/pian-book/per-diem-rates 43. Any rule or regulation determined to be applicable by HUD. 44. Florida Statutes 119.021 Records Retention https:Hm.flsenate.gov/Statutes/119.021 45. Florida Statutes, 119.071, Contracts and Public Records https://www.lawserver.com/law/state/florida/statutes/florida statutes 119-07 46. Unaccompanied youth under 25 years of age, or families with children and youth who do not otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2, but who are defined under Section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)), Section 637(l 1) of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), Section 330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), Section 3(m) of the Food and Nutrition Act of 2008 7 U.S.C.2012(m)), Section 17(b)(15) of the Child Nutrition Act of 1966 (U.S.C. 1786 (b)(15)), Section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)) https•//www federalregister.gov/documents/2016/12/20/2016-30241/runaway-and-homeless- voutll 47. Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA guidelines https://www el)a.gQv/enforcement/resource-conservation-and-recovery-act-rera-and-federal- facilities https://www.law.cornell.edu/cfr/text/40/247.1 (Signature Page to Follow) NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 26 ISI WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seats on the date first written above. ATTEST: CRYSTAL K. KINZEL, CLERK Dated: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Cleric WILLIAM L. MCDANIEL; JR., CHAIRMAN (SEAL) Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney Date: Date: NAMI COLLIER COUNTY, INC By: PAMELA BAKER, dftIEF .EXECUTIVE OFFICER Date: NAMI COLLIER COUNTY, INC. ES 19-02 Proiect Name: Rapid Re -Housing Page 27,� . MAY 29'19 Pm 1:48 EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 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. 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). NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 28 0140 OPERATIONNANAGEMENT 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. 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 (As Their Interest May Appear). 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 with respect to this coverage A.T.I.M.A. NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 29 n�Ao EXHIBIT "B" COLLIER COUNTY COMMUNITY AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: NAMI COLLIER COUNTY, INC. Subrecipient Address: 6216 Trail Boulevard, Building C, Naples, FL Project Name: Emergency Solutions Grant — Rapid Re -Housing Assistance Project No: ES 19-02, IDIS # Payment Request # Total Payment Minus Retainage: Period of Availability: 1/1/2020 through 12/31/2020 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS I .Grant Amount Awarded $ 2. Sum of Past Claims Submitted on this Account $ 3.Total Grant Amount Awarded Less Sum of Past Claims Submitted on this Account $ 4.Amount of Today's Request $ 5.10% Retainage Amount Withheld $ 6.Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ 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 as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Division Director (Approval Required $15,000 and above) NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 30 MATCH FORM COLLIER COUNTY EXHIBIT B 1 REQUEST FOR MATCH SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Sub recipient Address: Project Name: Project No: SECTION II: STATUS OF FUNDS Match Request #: Match Amount Requested Today: 1. Total Match Amount Per Agreement 2. Total Amount of Previous Match Submitted 3. Total Match Amount Awarded Per Agreement Less Total Amount of Previous Match Submitted (1-2) 4. Amount of Today's Request 5. Match Balance (Match per Agreement Less the Sum of All Match submitted (1-2-4) 1 certify that this request for payment/match has been made in accordance with the tern2s and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT/DEVELOPER. To the best of nay knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Authorizing Grant Accountant Supervisor Department Director NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 31 �� EXHIBIT "C" Emergency Solutions Grants (ESG) Program Client Information Report Period: Fiscal Year: Contract Number: Organization/s: Program/s: Contact Name: Contact Number: Non - Hispanic 2019-2020 ES 19-02 NAMI COLLIER COUNTY, INC RAPID RE -HOUSING PAM BAKER 239-260-7300 Report Selection Criteria Characteristics Report Ethnicity Race Non - Hispanic Hispanic White B lack/African American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander Other/Multi-Racial 2. Number of adults and children served: a. Residential Number of Adults Number of Children Number of Unknown Age b. Non Residential Number of Adults Number of Children Number of Unknown Age 3. Number of individuals/families served, by categories: Number of individual households (singles) Unaccompanied 18 and over Male Female Unaccompanied 17 and under Male Female Number of Families with children Headed by single 18 and over Male Female NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 32 Headed by single 17 and under Male Headed by two parents 18 and over Headed by two parents 17 and under Number of Families with no children TOTAL 4. Total project(s)/service(s) provided to clients in range: a. emergency shelter facilities shelter h. employment b. vouchers for shelters i. transitional c. drop-in center d. food pantry e. mental health f. alcohol/drug g. child care Female J. outreach k. soup kitchen/meal distribution 1. health care m. HIV/AIDS services n. other (please list) 5. Number of clients served by sub population (duplicated count): a. Chronically Homeless b. Victims of Domestic Violence c. Elderly d. Veterans e. Individuals with HIV/AIDS f. Chronic Substance Abuse (alcohol and/or drug) g. Severely Mentally Ill h. Runaway /throwaway youth i. Other disability (Physical and/or Developmental) (Chronically Homeless- HUD definition of a chronically homeless person is an unaccompanied homeless individual with a disabling condition who has either: 1) been continuously homeless for a year a more, or 2) has had at least four episodes of homelessness in the past three years.) 6. Clients housed by shelter type: Barracks Hotel/Motel Group/Large House Other Apartment/Complex Scattered Site Apartment Other Single Family Duplex Single Family Detached House Other Single Room Occupancy TOTAL Mobile Home/Trailer NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 33 (490 EXHIBIT "D" ANNUAL AUDIT MONITORING- REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier Count requires that all appropriate documentation is provided regarding your organizations compliance. In determinin Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based o when the activity related to the Federal award occurs, including any Federal award provided by Collier Count) The determination of amounts of Federal awards expended shall be in accordance with the guideline established by established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used t monitor Florida Single Audit Act Statute 215.97 requirements. Subrecipient Name First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DD/YY Total Federal Financial Assistance Expended during most recently com leted Fiscal Year Total State Financial Assistance Expended during most recently completed Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has ❑ been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by .Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above � ❑ Are afor-profit organization ❑ Are exempt for other reasons —explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the Corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of, the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/18 NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 34 ,� EXHIBIT "E" RAPID RE -HOUSING The SUBRECIPIENT must assist each program participant, as needed, to obtain: Supportive Services A. Appropriate supportive services, including assistance in obtaining permanent housing, medical health treatment, mental health treatment, counseling, supervision, and other services essential for achieving independent living; and B. Other Federal, State, local, and private assistance available to assist the program participant in obtaining housing stability, including: (i.) Medicaid (42 CFR chapter IV, subchapter C): (ii.) Supplemental Nutrition Assistance Program (7 CFR parts 271-283); (iii.) Women, Infants and Children (WIC) (7 CFR part 246); (iv.) Federal -State Unemployment Insurance Program (20 CFR parts 601-603, 606, 609, 614-617)625)640)650); (v.) Social Security Disability Insurance (SSDI) (20 CFR part 404); (vi.) Supplemental Security Income (SSI) (20 CFR part 416); (vii.) Child and Adult Care Food Program (42 U.S.C. 1766(t) (7 CFR part 226)); (viii.) Other assistance available under the programs listed in 24 CFR 576.400(c). Participation of Homeless/Formerly Homeless Individuals: The SUBRECIPIENT should make efforts to provide for participation of homeless individuals or formerly homeless individuals on its board of directors or equivalent policy-making entity that considers and makes policies and decisions regarding any facility, services, or other assistance received through this Agreement. Further, to the maximum extent practicable, the SUBRECIPIENT shall involve homeless individuals and families, through employment or as volunteers, in maintaining and operating facilities, providing activities for, and providing services to occupants of facilities assisted through this Agreement. Confidentiality: A. The SUBRECIPIENT must develop and implement written procedures to ensure: (i) All records containing personally identifying information (as defined in HUD's standards for participation, data collection, and reporting in a local HMIS) of any individual or family who applies for and/or receives ESG-RRHP assistance will be kept secure and confidential; (ii) The address or location of any domestic violence, dating violence, sexual assault, or stalking shelter project assisted under the ESG-RRHP will not be made public, except with written authorization of the person responsible for the operation of the shelter; and (iii) The address or location of any housing of a program participant will not be made public, except as provided under a preexisting privacy policy of the SUBRECIPIENT and consistent with state and local laws regarding privacy and obligations of confidentiality. B. The confidentiality procedures of the SUBRECIPIENT must be in writing and must be maintained in accordance with this section. NAMI COLLIER COUNTY, INC, ES 19-02 Project Name: Rapid Re -Housing Page 3S,y Evaluation of Program Participant's Eligibility and Needs: A. Evaluations: The SUBRECIPIENT must conduct an initial evaluation to determine the eligibility of each individual or family's eligibility for ESG-RRHP assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing. These evaluations must be conducted in accordance with the assessment requirements set forth under 24 CFR 576.400(d) and the written standards established under 24 CFR 576.400(e). B. Re-evaluations for rapid re -housing assistance. (1) The SUBRECIPIENT must re-evaluate the program participant's eligibility and the types and amounts of assistance the program participant needs not less than once annually for program participants receiving rapid re -housing assistance. At a minimum, each re-evaluation of eligibility must establish that: (i) The program participant does not have an annual income that exceeds thirty percent (3 0) percent of median family income for the area, as determined by HUD; and (ii) The program participant lacks sufficient resources and support networks necessary to retain housing without ESG-RRHP assistance. C. The SUBRECIPIENT must require each program participant receiving ESG-RRHP assistance to notify it regarding changes in the program participant's income or other circumstances (e.g., changes in household composition) that affect the program participant's need for assistance under ESG-RRHP. When notified of a relevant change, the SUBRECIPIENT must re-evaluate the program participant's eligibility and the amount and types of assistance the program participant needs. Rental Assistance Agreement: The SUBRECIPIENT may make rental assistance payments only to an owner with whom the SUBRECIPIENT has entered into a rental assistance agreement. The rental assistance agreement must set forth the terms under which rental assistance will be provided. The rental assistance agreement must provide that, during the term of the Agreement, the owner must give the SUBRECIPIENT a copy of any notice to the program participant to vacate the housing unit, or any complaint used under state or local law to commence an eviction action against the program participant. The SUBRECIPIENT must make timely payments to each owner in accordance with the rental assistance agreement. The rental assistance agreement must contain the same payment due date, grace period, and late payment penalty requirements as the program participant's lease. The SUBRECIPIENT is solely responsible for paying late payment penalties that it incurs with non-ESG-RRHP funds. Leases: The SUBRECIPIENT agrees that each program participant receiving rental assistance must have a legally binding, written lease for the rental unit, unless the assistance is solely for rental arrears. The lease must be between the owner and the program participant. Where the assistance is solely for rental arrears, an oral agreement may be accepted in place of a written lease, if the agreement gives the program participant an enforceable leasehold interest under state law and the agreement and rent owed are sufficiently documented by the owner's financial records, rent ledgers, or canceled checks. For program participants living in housing with project -based rental assistance, the lease must have an initial term of one year. NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 36 �� Case Management: The SUBRECIPIENT must require each program participant to meet with a case manager not less than once per month to assist the program participant in ensuring long-term housing stability; and Develop a plan to assist the program participant to retain permanent housing after the ESG-RRHP assistance ends, taking into account all relevant considerations, such as the program participant's current or expected income and expenses; other public or private assistance for which the program participant will be eligible and likely to receive; and the relative affordability of available housing in the area. The SUBRECIPIENT is exempt from the requirement under paragraph (e)(1)(i) of this section if the Violence Against Women Act of 1994 (42 U.S.C. 13701 et seq.) or the Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.) prohibits that recipient or SUBRECIPIENT from making its shelter - or housing conditional on the participant's acceptance of services Tenant -Based Rental Assistance: A. A program participant who receives tenant -based rental assistance may select a housing unit in which to live and may move to another unit or building and continue to receive rental assistance, as long as the program participant continues to meet the program requirements B. The SUBRECIPIENT may require that all program participants live within a particular area for the period in which the rental assistance is provided. C. The rental assistance agreement with the owner must terminate and no further rental assistance payments under that agreement may be made if: (i) The program participant moves out of the housing unit for which the program participant has a lease; (ii) The lease terminates and is not renewed; or (iii) The program participant becomes ineligible to receive ESG-RRHP rental assistance. D. When the SUBRECIPIENT enters into a rental assistance agreement with a participant/tenant ("RAP"), it will be obligated to provide rental assistance on behalf of that participant/tenant throughout the term of the RAP unless Collier County terminates this Agreement or if any of the conditions occur that warrant termination. Affirmative Outreach: The SUBRECIPIENT must make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. If it is unlikely that the procedures that the recipient or SUBRECIPIENT intends to use to make known the availability of the facilities, assistance, and services will to reach persons of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for those facilities and services, the SUBRECIPIENT must establish additional procedures that ensure that those persons are made aware of the facilities, assistance, and services. The SUBRECIPIENTS must take appropriate steps to ensure effective communication with persons with disabilities including, but not limited to, adopting procedures that will make available to interested persons information concerning the location of assistance, services, and facilities that are accessible to persons with disabilities. Consistent with Title VI and Executive Order 13166, SUBRECIPIENTS are also required to take reasonable steps to ensure meaningful access to programs and activities for limited English proficiency (LEP) persons. NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 37 , �'^ Meaningful Access to the ESG-RRHP Program for Limited English Proficient Persons: Persons who, as a result of national origin, do not speak English as their primary language and who have limited ability to speak, read, write, or understand English ("limited English proficient persons" or "LEP") may be entitled to language assistance under Title VI in order to receive a particular service, benefit, or encounter. In accordance with Title VI of the Civil Rights Act of 1964 (Title VI) and its implementing regulations, the SUBRECIPIENT agrees to take reasonable steps to ensure meaningful access to activities for LEP persons. Any of the following actions could constitute "reasonable steps", depending on the circumstances: acquiring translators to translate vital documents, advertisements, or notices, acquiring interpreters for face to face interviews with LEP persons,, placing advertisements and notices in newspapers that serve LEP persons, partnering with other organizations that serve LEP populations to provide interpretation, translation, or dissemination of information regarding the project, hiring bilingual employees or volunteers for outreach and intake activities, contracting with a telephone line interpreter service, etc. Terminating Assistance: If a program participant violates program requirements, the SUBRECIPIENT may terminate the assistance in accordance with a formal process established by the SUBRECIPIENT and this process shall recognize the rights of individuals affected. The SUBRECIPIENT must exercise judgment and examine all extenuating circumstances in determining when violations warrant termination so that a program participant's assistance is terminated only in the most severe cases. To terminate rental assistance to a program participant, the required formal process, at a minimum, must consist of: A. written notice to the program participant containing a clear statement of the reasons for termination; B. A review of the decision, in which the program participant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate of that person) who made or approved the termination decision; and C. Prompt written notice of the final decision to the program participant. Termination does not bar the SUBRECIPIENT from providing further assistance at a later date to the same family or individual Housing Quality Standards: The SUBRECIPIENT cannot use ESG-RRHP funds to help a program participant remain or move into housing that does not meet the habitability standards set forth in 24 CFR 576.403 (c) as detailed in Exhibit "F « Lead -Based Paint Remediation and Disclosure: The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M, and R apply to all housing occupied by program participants. NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 38 3 EXHIBIT "F" PERMANENT HOUSING The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Permanent Housing, as applicable: 24 CFR 576.403(c): Minimum standards for permanent housing. The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into housing that does not meet the minimum habitability standards provided in this paragraph. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. Any renovation (including major rehabilitation and conversion) carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act (42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where applicable. (3) Space and security. Except where the shelter is intended for day use only, the shelter must provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply. The shelter's water supply must be free of contamination. (6) Sanitary facilities. Each program participant in the shelter must have access to sanitary facilities that are in proper operating condition, are private and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The shelter must have any necessary heating/cooling facilities in proper operating condition. (8) Illumination and electricity. The shelter must have adequate natural or articial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment to store, prepare and serve food in a safe and sanitary manner. (10) Sanitary conditions. The shelter must be maintained in a sanitary condition. (11) Fire safety. There must be at least one working smoke detector in each occupied unit of the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing-impaired residents. All public areas of the shelter must have at least one working smoke detector. There must also be a second means of exiting the building in the event of fire or other emergency. NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 39' 0 / 1 r\ r CJ/ EXHIBIT "G" COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care and other programs. (a) Consultation with the Continuum of Care. The SUBRECIPIENT and COUNTY must consult with the Continuum of Care to determine how to allocate ESG funds each program year; developing the performance standards for, and evaluating the outcomes of, projects and activities assisted by ESG funds; and developing funding, policies, and procedures for the administration and operation of the HMIS . (b) Coordination with other targeted homeless services. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community -wide system to prevent and end homelessness for that area. These programs include: (1) Shelter Plus Care Program (24 CFR part 582); (2) Supportive Housing Program (24 CFR part 583); (3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for Homeless Individuals (24 CFR part 882); (4) HUD—Veterans Affairs Supportive Housing (HUD–VASH) (division K, title II, Consolidated Appropriations Act, 2008, Pub. L. 110-161 (2007), 73 FR 25026 (May 6, 2008)); (5) Education for Homeless Children and Youth Grants for State and Local Activities (title VII–B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq. ); (6) Grants for the Benet of Homeless Individuals (section 506 of the Public Health Services Act (42 U.S.C. 290aa-5); (7) Healthcare for the Homeless (42 CFR part S l c); (8) Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.)); (9) Projects for Assistance in Transition from Homelessness (part C of title V of the Public Health Service Act (42 U.S.C. 290cc-21 et seq.)); (10) Services in Supportive Housing Grants (section 520A of the Public Health Service Act); (11) Emergency Food and Shelter Program (title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.)); (12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and Law Enforcement Act (42 U.S.C. 13975)); (13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans Comprehensive Assistance Act (38 U.S.C. 2021); (14) Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043); (15) VA Homeless Providers Grant and Per Diem Program (38 CFR part 61); (16) Health Care for Homeless Veterans Program (38 U.S.C. 2031); (17) Homeless Veterans Dental Program (38 U.S.C. 2062); (18) Supportive Services for Veteran Families Program (38 CFR part 62); and (19) Veteran Justice Outreach Initiative (38 U.S.C. 2031). NAMI COLLIER COUNTY, INC. ES 19-02 �b Project Name: Rapid Re -Housing Page 40 (c) 5i)stem andprog7­aiv coordination i3Oth mainstream resources. 'The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with mainstream housing, health, social services, employment, education, and youth programs for which families and individuals at risk of homelessness and homeless individuals and families may be eligible. Examples of these proggams include: (1) Public housing programs assisted under section 9 of the U.S. Housing Act of 1937 (42) U.S.C. 1437g) (24 CFR parts 905, 968, and 990); (2) Housing programs receiving tenant -based or project -based assistance tinder section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f) (respectively 24 CFR parts 982 and 983); (3) Supportive 'Rousing for Persons with Disabilities (Section 811) (24 CFR part 891); (4) HOME Investment Partnerships Program (24 CFR. part 92),, (5) Temporary Assistance for Needy Families (TANS') (45 CFR parts 260-265); (6) Health Center Program (42 CFR part 51 c); (7) State Children's Health Insurance Program (42 CFR part 457): (8) Head Start (45 CFR chapter XIII, subehapter B); (9) Mental Health and Substance Abuse Block Grants (45 CFR part 96)- and (10) Services funded under the Workforce Investment Act (29 U.S.C. 2801 et seq. (d) Centralized or coordinated assessinent. Once the Continuum of Care has developed a centralized assessment system or a coordinated assessment system in accordance with requirements to be established by HUD, each ESG-funded program or project within the Continuum of Care's area must use that assessment system. The COUNTY and SUBRECIPIENT must work with the Continuum of Care to ensure the screening, assessment, and referral of program participants are consistent with the written standards required by paragraph (e) of this section. A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system. (e) Written standards fior providing ESG assistance. The SUBRECIPIENT must have written standards for providing ESG assistance and must consistently apply those standards for all program participants. At a minimum these written standards must include: (1) Standard policies and procedures for evaluating individuals' and families' eligibility for assistance under ESG; (2) Standards for targeting and providing essential services related to street outreach', (3) Policies and procedures for admission, diversion., referral, and discharge by emergency shelters assisted under ESG, including standards regarding length of stay, if any, and safeguards to meet the safety and shelter needs of special populations, e.g., victims of domestic violence, dating violence, sexual assault, and stalking; and individuals and families who have the highest barriers to housing and are likely to be homeless the longest; (4) Policies and procedures for assessing, prioritizing, and reassessing individuals' and families' needs for essential services related to emergency shelter: (5) Policies and procedures for coordination among emergency shelter providers, essential, services providers, homelessness prevention, and rapid re -housing assistance providers; other homeless assistance providers; and mainstream service and housing providers (see §576.400(b) and (c) for a list of programs with which ESG-funded activities must be coordinated and integrated to the maximum extent practicable); NAMI COLLIER COUNTY, NC. ES 19-02 Project Name: Rapid Re -Housing Page 41 (6) Policies and procedures for determining and prioritizing which eligible families and individuals will receive homelessness prevention assistance and which eligible families and individuals will receive rapid re -housing assistance; (7) Standards for determining what percentage or amount of rent and utilities costs each program participant must pay while receiving homelessness prevention or rapid re -housing assistance; (8) Standards for determining how long a particular program participant will be provided with rental assistance and whether and how the amount of that assistance will be adjusted over time; and (9) Standards for determining the type, amount, and duration of housing stabilization and/or relocation services to provide to a program participant, including the limits, if any, on the homelessness prevention or rapid re -housing assistance that each program participant may receive, such as the maximum amount of assistance, maximum number of months the program participant receive assistance; or the maximum number of times the program participant may receive assistance. (f) Participation in HAS. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community -wide HMIS or a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. If the SUBRECIPIENT is a victim service provider or a legal services provider, it may use a comparable database that collects client -level data over time (i.e.. longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provided to an HMIS. NAMI COLLIER COUNTY, INC. ES 19-02 Project Name: Rapid Re -Housing Page 42 C,