Loading...
Seventh-Day Adventists ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL%9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARJ) OF COUNTY COMMISSIONERS OFFICE FOR SIGNA B 5 Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only * the Board has taken action on the item.) ROUTING SLIP Complete ronting lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceotion of the Chairman's sipature, draw a line throullil routing lines #1 throullh #4, -.- the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) OfrICe Initials Date (List in rontin2 order) 1. Sue Filson, Executive Manager Board of County Commissioners 2. Minutes and Records Clerk of Court's Office 3. ... 4. PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bce approval. Normally the primary contact is the person who createdlpreplll'<!d.the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue FiisQD, need to contact staff for additional or missing information. All original documents needing the Bec Chairman's signature are to be delivered to the Bce office only after the Bee has acted to approve the item. Name of Primary Staff Claudia Piotrowicz Contact Agenda Date Item was 6/22/04 A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Number of Original Docwnents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is ro riate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be revie",ed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and 'bl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BeC Chairman and the Clerk to the Board 3. The Chairman's signature line date bas been entered as the date of Bce approval of the X document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's X si ature and initials are r uired. 5. In most cases (some contraOOi.are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The d~ument was approved by the BCC on (enter clate) &lid aU cbaDges made during the meeting have been incorporated in the attached documeat. The Co Attorne '8 0fI'ke bas reviewed the if a lieable. 239-985-1057 16B5 1 I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 This Instrument Prepared by: Frank McMillan, Esquire Attorney-at-Law 655 N. Wymore Rd. Winter Park, Florida 32789 4109373 OR: 4313 PG: 3752 RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL 12/20/2007 at 11:28AH DWIGHT B. BROCK, CLBRK RBC PBB 52.50 DOC-.70 .70 COPIBS 6.00 MISC 1.50 Retn: CLBRK TO THB BOARD 1 6 INTBROPPICB 4TH PLOOR .1:1 JC) BIT 7240 - CONSERVATION EASEMENT TillS DEED OF CONSERVATION EASEMENT is given this 5th day of September, 2007, by the FLORIDA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS, whose address is: P. O. Box 2626, Winter Park, Florida, 32790-8223, ("Grantor") to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the "parties". WHEREAS, FLORIDA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS is the owner of that certain tract ofland located in Collier County, Florida described as Exhibit "A" attached hereto (hereinafter referred to as the "property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind FLORIDA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit "B" (the Easement Property). NOW, THEREFORE, Grantor herby conveys a Conservation Easement to Collier County as follows: 1. FLORIDA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS, its successors, heirs, assigns and/or transferees, herby grants an non-exclusive easement to Collier County over and across the property described in Exhibit "A" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or 10f4 OR: 4313 PG: 3753 16H5 preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. 3. FLORIDA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS, its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall; have the right to access and use the Easement property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States Certified Mail, Return Receipt Requested, addressed to the appropriate party or successor in interest. 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be file din the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of 20f4 OR: 4313 PG: 3754 1685 this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statues. IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Signed, sealed and delivered in our presence as witness: BY: FLORIDA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS, A Florida Corporation By: ~~ G~ Print Name: Glenn Carter .$~l-r...-7I'?'-- Print Name Cynthia Duncanson Title: Vice President tI~~~ Attest By: Wesley Quale, Assistant Secretary 30f4 OR: 4313 PG: 3755 1685 STATE OF FLORIDA ) ss: COUNTY OF ORANGE On this ~ /t..- day of ~ R.fd I- . ,2007 before me, the undersigned notary public, personally appeared Glenn Carter and Weslev Ouale , personally known to me to be the persons who subscribed to the foregoing instrument and did not take an oath, as the Vice President and Assistant Secretary, respectively, of Florida Conference Association of Seventh-day Adventists, a Florida corporation, and acknowledged that they executed the same on behalf of said corporation and that they were duly authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA ~~.~ Print Name: yn la uncanson My Commission Expires: ,,"':.l!~'~""" C. DUNCAN ~' '- NolaIY Public. S.... 01 FIoridI . 5My CommIIIlon Expns Oct 18. 200ll ~ CommIIIlon. D0464I49 Bonded Br NIlIollII NoeIry.. MY COMMISSION EXPIRES: acceptance by grantgee: A TTESTL;);.p;j>.. .',~.;',c," DWIGHT E'~,;$ii~~(~Rl< ) "l '," . , A'<~"::<'X'~:"<':<i " "-'~/"";..:: ,,:','~"'~~~ :;',"""'" ',- ~>~~"'><.' ~OARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA \~' ., #~AI BY~; .. ClMu ..'A~~,.i, >:;1 f_taR, ,0111':' .:.~, '? gAMES COLETTA, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ATTORNEY 40f4 I II I J ~ III II l_ ; IIiI III p. I h IIIIiitaI.; Ilhlm.......: · · · dl i::;~; ,,:',iiii i~i;iii:ii ii:;mpi ti:iiSi~ii~iii ~i.. il~ ii~i ~~~~ ~~~;r; d!:!~~ d~; "" "" ~ "" "" ~ ~ ~ F===-i ~ >< ~ SI: I ~ l:. 1 . - I I I! __ -R- I I I I i I - ~ I .. ;0 "- I~ ~ I I, ' ~ I I I III II! I 1 Ij I' I'" l~ , ;' la I I : I I ,I I II II ~ ~ I ~ i I I! I I I I I : I~: I ad ' I !Ii ~ i I ~ ~ I Ji; ~i ~ e II~'I~ ~~~~~~, ,~~~~! '~h;eg~~~ .. . l! I!!i I: S; ill ,.; ;0 i . . . i 8 .. z . :~ ~ ~ .R"ttt :i ~ ~ l!: .. ~ ~ OR: 4313 PG: 3756 1685 II" 'I !I ~I ~ i i Ii! ~ Il.~ I I lI- d ~~ aJ. f; i~ ..~ ... ~!;i ~ ~1II 13 Ii ~ Ii '" I~ i~ !I i! ~ ,.; .. .. r- .. ~~ .c ~~ii ~:~;;! :tB'" . :~i~ ~ i:ls Ot ! ~~t:!t CIl ~ ~ ~~~~~ ~ ~ ~ ~~Wn l!: ":lhU ! ~!ii S ~~ii . !!I~~~ '" ~N o ~~}l ~ ~iS~~~ I u~~~ ~~1II!J! ~:~~~ II __-E-~ ~ 3NI'l HLIlOS __ ') .WlllK I __~I- ~ ~ 361:lG.l58N !l - - - - - - - - + -- il I I I I I I I I I I I . I : I ; I . I ~I M .SO.LlO.8II S ~lsC .R~ ------- ~ I I I I I I I I ill I il I I I I I I I I . 1;t I~ . z ,o./.'lot ,OL'ltt ,Otnt S - 3 .lE.3lllI N I~ r .. ... It) .. .. .. CIl Ot ~ Ot~ .. ~~ I-~ lIS I I- U :1 ~J t 0( l!: l!: l!: 'e; Ii S- I!! N ~ I "Ii! b i~ ~~I ill! :- 'II S Ii; I ; ! i J-~ I I il!~ I ; g .. !~ i ill' I ~ ! I~ II ~ I :1 !I i 111;11 P'p ~ ~i Ie ~ ,i Iii! Ii Ie I Is II ~~ I ili!!li ~~. = ~ ~ ;)' ~SQ 1:";t' ~ .. .. lit 'iI f itt f jlf :J ,I, Il u~ Bd)) ~I' 1f .it ntl ~ l[ c, 01 if I /. I!. II . till' t:!~ ~' ~ mll!I;i~!t ~ Ir " 1'!"11!;J+'P ..,) !I ~illl wi: ~ In '- EXHIBIT "B" CONSERVATION EASEMENT *** OR: 4313 PG: 3757 *** N 16 ~ i! ,.., Ig Ii! ,.., ~ ..... - ~ ~ III ,.., () :l !f DESCRIPTION OF CONSERVATION fASEMENT A PARCEL Of LAND LYING AND Il[JNG IN '!HE SOUlHEAST ONE-QUARTER (1/4). Of '!HE SOUlHEAST ONE-ClUARTER (1/4). Of' SEClIDN 23, 10WNSHIP 47 SOUlH, RANGE 27 EAST, COWER COUNTY. fI.ORIDA. 8ElNG MORE PAR11CUlARlY DESCRIBED AS FlllOWS: CONNENaNG AT '!HE SOUlHEAST CORNER Of' SEClIDN 23, 10WNSHIP 47 SOUlH, RANGE 27 EAST, COWER COUNTY, F1.0R1DA; lHENCE Al.DNG lliE EASTERlY UN[ Of SAID SOUlliEAST ONE-QUARTER (1/4) Of SAID SEC1IDN 23, RUN H 00'56'51" W, A DlSTAllCE Of' 930.99 FEET TO TO A PaNT; 1llENCE IES1ERl.Y, lEAWlG SAID EASTERY lINE Of' SEC110N 23, RUN S 89"01'39" W,A DISTANCE Of' 438.01 FEET TO tHE POINT Of BEGlNNlNO Of A CONSERVA'RON EASEMENT HEREIN DESCRIBED; lliENCE CON'RNUE ALONG '!HE FOlJ..OWNG 30 COURSES AND DISTANCES AS FOllOWS; UHE 1) S 84"02'54" W, FOR 16.64 mT; UHE 2) N 52'56'23" W, FOR 14.10 FEET; lINE 3) H 5416'12" W. FOR 26.17 FEET; lINE 4) H 57'22'01" W, FOR 2l.60 FEET: lINE 5) H 61'45'44" W, FOR 17.85 FEET; lINE 6) H 54'4715" W, FOR 15.72 FEET; UHE 7) H 16'4J'lr W. FOR 13.23 FEET; UHE 8) H 22"55'44" W, FOR 8. 55 FEET; lINE 9) H 40'24'24" W, FOR 9.22 FEET; UHE 10) H 1810'32" W, FOR 9.69 FFE; lINE 11) H JJ'J9'.w' E. FOR 11.22 FEET: UHE 12) H 64'43' 4J" E, FOR 11.07 FEET; UHE 13) S 87'58'02" E. FOR 14.86 FEET; lINE 14) S 83'4758" E. FOR 18.19 FEET; lINE 15) S 62'58'10" E. FOR 14.83 FEET; UHE 16) S 58'20'22" E. FOR 11.62 FEET; UHE 17) H 87"02' 4r E. FOR 15.61 FEET; lINE 18) S 86'44'J6" E. FOR 16.22 FEET; UHE 19) H 73'54'lr E. FOR 13.18 FEET: UHE 20) H 69'43'04" E. FOR 10.42 FEET; UHE 21) H 27'53'09" E. FOR 14.26 FEET; lINE 22) H 78"05'31" E. FOR 11.59 FEET; lINE 23) S 33"05'29" E. FOR 11.12 FEET; lINE 24) S 06'32'19" E. FOR 12.43 FEET; UHE 25) S 0210'14" E. FOR 25.92 FEET; lINE 26) S 32'50'34" W, FOR 10.42 FEET; lINE 2n S 35'24'22" W. FOR 10.75 FEET; lINE 26) S 49"26'01"W, FOR :17.49 FEET; lINE 20) 5 39"21'06" _Yl, .FOIr2;3.Q() FEET: LINE 30) S 04"58'13" W, FOR 14"-7 fEET TO. '!HE POINT Of' IIEGlNNING. SU8.ECT TO EASDIEMlS AND RtSTnleTIORSLOf.RECORO. BEARING CONFIlBtA TO tHE EASlERL Y lilli: Of' lllE SOUlHEAST ONE-ClUARlER (1/4) Of' SEC'RON 23. T. 47 5.. R. 'J:1 E.. 8ElNG H 00'56'51" W, :2~:;;?J19' Dennis M. Portella, Sr. PLS #4504 Not valid unless sIgned and sealed with embossed seal. ~ SCALE: 1" = 100' N (,I I I S 89"01'39- W 438.01' r- -. - All nl I I - Limpkin Road- m ,.., ~z Z Qo ~o lIlui fm ~(J1 III ...... ~ : .sl~ r- At ~ CD POINT OF COWMENCEMENT + <D I~ I 1(0 <D -23- -24- -26- -25- NORTHER.!:! R/W UNE SOUTH LINE OF SECTION 23 --- Immokalee Road NOT A BOUNDARY SURVEY REVISIONS SKETCH TO ACCOMPANY DESCRIPTION PllEPARBD mR; IlE'l'llESDA SDA CHURCH POIn'1!:U.A "ASSOCIATES, u.c lBf73M 2JII4 ..-xlll INE. fWlI.5. FL 34112 ~ I". 100' o.r.TE: MAY 25, 2007 (239) 775-6511 8D I I t ! days of receiving notification from the funding source and submit a cost allocation plan for approval by the Housing and Grants Section or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES. REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUB RECIPIENT further agrees to abide by all other applicable laws, 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Emergency Shelter Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act SHELTER FOR ABUSED WOMEN & CHILDREN Page 4 of27 Ce.., dLl 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and Sa - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. 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. 21. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.c. 874 and 40 U.S.c. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-I 02. This subpart includes 24 CFR 570.502. 26.0MB Circular A-133 - concerning annual audits. 27.0MB Circular A-122 - which identifies cost principles. 28. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. SHELTER FOR ABUSED WOMEN & CHILDREN Page 5 of27 r~ D OL 29. 24 CFR Part 84 - OMB Circular A-lID Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 30. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. C. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to Housing and Grants Section for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the Housing and Grants Department or his designee. D. AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. E. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or SHELTER FOR ABUSED WOMEN & CHILDREN Page 6 of27 j 8 L applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the County harmless and will indemnify the County for funds, which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by the Housing and Grants Section in all publications and publicity. In addition, the SUB RECIPIENT will make a good faith effort to recognize the Housing and Grants Section support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to the Housing and Grants Section or the County. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the SUBRECIPIENT, and the County may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the County from the SUBRECIPIENT is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE SHELTER FOR ABUSED WOMEN & CHILDREN Page 7 of 27 8D The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes S 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes S 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes S 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes S 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUB RECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier Countv Board of County Commissioners. a Political Subdivision of the State of Florida. its Officers. Employees. and Agents. c/o Operations Support and Housing Section". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate( s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Housing and Grants Section reserves the SHELTER FOR ABUSED WOMEN & CHILDREN Page 8 of27 () D { 0..' r right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. 1. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. VIII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A-II 0 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) 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. B. DOCUMENTATION AND RECORD-KEEPING 1. The SUBRECIPIENT shall maintain all records required by the ESG Regulations. 2. All reports, plans, surveys, information, documents, maps, 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 the Housing and Grants Section. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to the Housing and Grants Department if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to the Housing and Grants Section using Exhibit "C". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall SHELTER FOR ABUSED WOMEN & CHILDREN Page 9 of 27 8D 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. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-llO, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS. AUDITS. AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL HOUSING AND GRANTS SECTION. COUNTY. AND HUD REQUIREMENTS The Housing and Grants Section shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by the Housing and Grants Section, the County, or HUD at any time. F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the Housing and Grants Section or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of $1 ,000 or more; ( c) All change orders; and (d) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and ( e) All rates of pay and pay increases paid out of ESG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the Housing and Grants Section, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to Housing and Grants Section, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. SHELTER FOR ABUSED WOMEN & CHILDREN Page 10 of27 8 D f': The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-II0 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-B3 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to the Housing and Grants Section. In the event the SUB RECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-B3 (Audits of State, Local Governments, and Non-Profit Organizations), the County reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-B3. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. H. PROGRAM-GENERATED INCOME All income earned by the SUB RECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to the Housing and Grants Section. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to the Housing and Grants Section, and said plan shall require the prior written approval of the Housing and Grants Section or designee. Accounting and disbursement of such income shall comply with OMB Circular A-II0 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for ESG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. 1. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the SHELTER FOR ABUSED WOMEN & CHILDREN Page 11 of27 ~.,..'. c COUNTY), and determining the custodianship of records. IX. OTHER PROGRAM REOUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. 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 the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the ESG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to the Housing and Grants Section upon the Housing and Grants Section's request. D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that the Housing and Grants Section will carry out periodic monitoring and evaluation activities as determined necessary by the Housing and Grant Section or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and SHELTER FOR ABUSED WOMEN & CHILDREN Page 12 of27 8 -, j output measures. The SUBRECIPIENT agrees to furnish upon request to the Housing and Grants Section, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by Housing and Grants Section or the County. The SUBRECIPIENT shall, upon the request of the Housing and Grants Section, submit information and status reports required by the Housing and Grants Section, the County or HUD on forms approved by the Housing and Grants Section to enable the Housing and Grants Section to evaluate said progress and to allow for completion of reports required of the Housing and Grants Section by HUD. The SUBRECIPIENT shall allow the Housing and Grants Section or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by the Housing and Grants Section or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target 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. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to the Housing and Grants Section 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. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 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 F.S. 287.133 (3) (a). G. DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. 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 SHELTER FOR ABUSED WOMEN & CHILDREN Page 13 of27 8D . ;,t entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. 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. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 1. REAL PROPERTY Any real property acquired by the SUB RECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the ESG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with ESG funds must adhere to the ESG Regulations at 24 CFR 570.505. x. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 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 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), 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 as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). 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. SHELTER FOR ABUSED WOMEN & CHILDREN Page 14 of27 8D C. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint 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 might be undertaken. D. HISTORIC PRESERVATION 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 Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required 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. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any ESG funds on hand at the time of expiration, any accounts receivable attributable to the use of ESG funds, and any non-expendable personal property that was purchased with ESG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with ESG funds will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS ESG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on ESG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-six (26) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an SHELTER FOR ABUSED WOMEN & CHILDREN Page 15 of27 original, and such counterparts will constitute one and the same instrument. 8D XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this /d day of ~t .20 07 SHELTER FOR ABUSED WOMEN & CHILDREN (SUBRECIPIENT SEAL) Optional BY: ~ C TINO, CHIEF EXECUTIVE OFFICER EL TE FOR ABUSED WOMEN & CHILDREN BY: Item# ~ SHELTER FOR ABUSED WOMEN & CHILDREN Page 16 of27 8D EXHIBIT "A" SCOPE OF SERVICES SHELTER FOR ABUSED WOMENT & CHILDREN THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. Funds will be used for security and maintenance. B. PROJECT SCOPE: NARRATIVE OF WORK PLAN The purpose of the activities pursuant to this Agreement is to provide assistance for Essential Services, operational costs, and administration cost to benefit the emergency shelter clients at-risk of becoming homeless. NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to the Housing and Grants Department and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain the Housing and Grants Section approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain the Housing and Grants Section's approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from the Housing and Grants Section for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. NOTE 5: The SUBRECIPIENT shall submit documentation showing the match funds that will be provided along with ESG funds. The SUBRECIPIENT further agrees that the Housing and Grants Section in consultation with any parties the Housing and Grants Section deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. SHELTER FOR ABUSED WOMEN & CHILDREN Page 17 of27 8D J c. BUDGET: Line Item: ESG Funds $96,119.00 Other $96,119.00 Cleaning Service of Shelter, 100% Maint & Sec Coordinator & benefits, 50% Sonitol Security monitoring & maint, 100% Fire System monitoring & maint, 100% Fyr Fighter Kitchen Hood Ins&maint Utilities,electric, H20,sewer,garbage, phone, 50% Insurance, 50% Shelter maintenance, electrician, plumber, carpet, Furniture cleaning, floor polishing, duct & vent Cleaning, window cleaning etc, 100% $10,080.00 $10,100.00 $ 5,500.00 $ 1,375.00 $ 450.00 $17,500.00 $11,000.00 $40,1 14.00 TOTAL GRANT AMOUNT $96,119.00 + $96,119.00 Total Budget $192,238.00 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the Housing and Grants Section, on behalf of the County, as the Grantee, for the Housing and Grants Section's approval, in a form specified by the Housing and Grants Section. D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. E. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. F. DAVIS-BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). G. BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-lIO (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. H. CONSTRUCTION PAYMENT RET AINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have SHELTER FOR ABUSED WOMEN & CHILDREN Page 18 of27 80 complied with the requirements of the Davis-Bacon Act. 1. FORMER PROJECTS: Failure to adequately maintain any former ESG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future ESG funds. J. WORK SCHEDULE: The time frame for completion of the outlined activities shall be December 31, 2007. Fifty percent (50%) ofthe funding must be expended by March 31,2007 One hundred percent (100%) ofthe funding must be expended by June 15,2007 Please note that if any of these activities exceed the timeline by two months a revised work schedule must be submitted to the Housing and Grants Sections. K. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Housing and Grants Section outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with ESG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form "Exhibit C" which is due by the 1 oth of the following month. The progress reports shall be used as an additional basis for the Housing and Grants Section's approval of invoices, etc. for reimbursement. *Please note that the provisions of the Davis Bacon Act (40 US.c. 276a-276a-5) do not apply to the ESG program. SHELTER FOR ABUSED WOMEN & CHILDREN Page 19 of27 8D 4 1 EXHIBIT "B" SHEL TER FOR ABUSED WOMEN & CHILDREN REQUEST FOR PAYMENT SECTION I: REQUEST Subrecipient Name: SHELTER FOR ABUSED WOMEN & CHILDREN Subrecipient Address: P.O. BOX 10102 Naples. FL 34101 Project Name: SHELTER FOR ABUSED WOMEN & CHILDREN Project No: Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 96.119 .00 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests $ 5. Amount ofToday's Request $ 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) $ 7. If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Director (Signature needed if request is over $15,000.00) SHELTER FOR ABUSED WOMEN & CHILDREN Page 20 of27 8D ESG MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing and Grants Section staff by the 1 (jh of the following month. Status Report for Month of Submittal Date: Project Name Project Number Activity Number Subrecipient: SHELTER FOR ABUSED WOMEN & CHILDREN Contact Person Marci Sanders Telephone: 280-1350 Fax: 775-3061 E-mail: msanders@naplesshelter.org 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. SHELTER FOR ABUSED WOMEN & CHILDREN Page 21 of27 8D 5. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see (see Number Number definitions defmitions on page 3) on page 3) 6. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1." INCOME Of the households or persons assisted, are extremely low-income income (0- 30%) of the current Median Family Income (MFI). Enter this number in box "2. " Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3. " Of these households or persons assisted, are low income (51-80%) of the current Median Family Income (MFI). Enter this number in box "4. " NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. SHELTER FOR ABUSED WOMEN & CHILDREN Page 22 of 27 8D FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX I BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51-80%) Household Assisted (0-30%) (31-50%) ESG ProJ!ram Services HOUSING AND SERflC~SAC~O~ Indicalte Pro2ram(s) and Service(s) with an "X" Emergency Shelter Facilities Vouchers For Shelters Drop in Center Food Pantry Mental Health Alcohol/Drug Program Child Care Transitional Housing Outreach Soup Kitchen/Meal Distribution Health Care HIV / AIDS Services Employment Homeless Prevention Other * *If yOU chose OTHER. type a description of the services (25 Characters) SHELTER FOR ABUSED WOMEN & CHILDREN Page 23 of 27 80 BENEFll;IARY(10UNT ESTIMATES: Residential. Services . #. Total .. . AVERAGE NUMBER SERVED DAILY ADULTS -If shelter provides overnight accommodations type in an estimate of the average number of adults served daily. AVERAGE NUMBER SERVED DAILY CHll,naRN- If shelter provides overnight accommodations type in an estimate of the average number of children served daily. AVERAGE NUMBER SERVED YEARLY-If shelter provides overnight accommodations type the average number of persons served yearly. Base number on the persons served, not number of visits. Non-Residential Services # Total AVERAGE NUMBER SERVED DAILY ADULTS -If your shelter does not have overnight accommodations, type the average count of non-resident persons served daily. If a person is served more than once daily, include each visit in the count. Subrecipient must indicate total beneficiaries for Race AND Ethnicitv Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 3. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 4. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. SHELTER FOR ABUSED WOMEN & CHILDREN Page 24 of 27 8D Definitions of Ethnicity: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicitv Beneficiaries RACIALlETHNlC CHAJlACtIBJS~ On this table you approximate the racial and ethnic background of residential persons only that are served by your facility. You must enter racial and ethnic characteristics for the same "Average Number Served ~y" that you entered on the previous table. Race # Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian! Alaska Native and White Asian and White Black! African American and White American Indian! Alaskan Native and Black! African American Other Multi-Racial TOT AL: ES Residential Services Unaccompanied 18 and over? %Male % Female Unaccompanied Under 18? Single 18 and Over- Single parent families with children headed by an adult 18 and over? !41_~ SHELTER FOR ABUSED WOMEN & CHILDREN Page 25 of27 8u . % ... Youth 18 and under-Single parent families with children headed by a youth 18 and under. Two Parents 18 and over-Two parent families with children headed bv adults over 18 years. Two Darents under 18- Two parent families with children headed by youths under the age of 18 What is vour estimate Dercenta!!e of the DODulation served bv vour residential shelter on an avera!!e dav. which are families with no children? ~~~:::.~ ....rsona served on On An Avera2e day % of the PODulation served who are % Battered Spouse Runaway/Throwaway Youth Chronically Mentally III Developmentally Disabled HIV / AIDS Alcohol Dependent Individuals Drug Dependent Individuals Elderly Veterans Physically/ Disabled Other ~c!:i~t:":~~f:~=~::~~~so:sc~:sed ~ How many persons were housed in: Total Barracks Group/Large House Scattered Site Apartment Single Family Detached House Single Room Occupancy Mobile Home/Trailer HoteVMotel Other SHELTER FOR ABUSED WOMEN & CHILDREN Page 26 of 27 ao shelter t es this activit I . . What is the (ioUarampllutoffuJ).dsexpendedfromthe Totalof$ . fonowin~ sources? Other Federal Local Government Private Fees Other SHELTER FOR ABUSED WOMEN & CHILDREN Page 27 of27