Agenda 10/11/2016 Item #16B3 16.8.3
10/11/2016
EXECUTIVE SUMMARY
Recommendation to approve an agreement between Collier County and the Bayshore Gateway
Triangle Community Redevelopment Agency to accept U.S. Department of Housing and Urban
Development Community Development Block Grant funds in the amount of$350,000 for the Karen
Drive Stormwater Improvement Project, authorize the Chairman of the Board to sign the grant
agreement, execute all necessary forms and authorize the necessary budget amendment.
OBJECTIVE: To complete necessary stormwater improvements along Karen Drive to eliminate
flooding in the Bayshore Area.
CONSIDERATIONS: The Bayshore Gateway Triangle Community Redevelopment Agency
(BGTCRA) staff initially applied to fund the Karen Drive Stormwater Improvement Project during a
supplemental grant application cycle for Florida Department of Economic Opportunity (DEO) Disaster
Recovery Initiative (DRI) grant funds. Through a competitive process, the BGTCRA was selected and
awarded grant funds for this project. BGTCRA staff submitted an after-the-fact grant application at a
regular Board of County Commissioners meeting on April 8,2014(Agenda Item#16B2).
A number of project setbacks and delays have made DRI funding no longer viable to complete this
project. BGTCRA staff has worked with Collier County Community and Human Services (CHS) to
replace DRI funds with U.S. Department of Housing and Urban Development (HUD) Community
Development Block Grant(CDBG) funds from the FY2016-2017 annual HUD entitlement allocation.
The Karen Drive Stormwater Improvement project will alleviate flooding and standing water on Karen
Drive and surrounding adjacent areas by installing catch basins,swales,culverts,etc.
FISCAL IMPACT: The funding source for the grant award from HUD CDBG. A budget amendment is
necessary to recognize$350,000 within the Bayshore CRA Grant Fund 717,Project 33495.
GROWTH MANAGEMENT IMPACT: The stormwater improvements will further the goals,
objectives and policies outlined in the Future Land Use Element - Bayshore/Gateway Triangle
Redevelopment Overlay.
LEGAL CONSIDERATIONS:This item is approved for form and legality and requires a majority vote
for Board action. -JAB
RECOMMENDATION: That the Board of County Commissioners approves an agreement between
Collier County and the BGTCRA to accept HUD CDBG funds in the amount of$350,000 for the Karen
Drive Stormwater Improvement Project, authorizes the Chairman of the Board to sign the grant
agreement,executes all necessary forms and authorizes the necessary budget amendment.
Prepared by: Elly McKuen,Project Manager,Capital Project Planning,Impact Fees and Program
Management
ATTACHMENT(S)
1.Bayshore CRA Karen Drive CDBG 2016-17 Subrecipient Agreement (PDF)
Packet Pg 879
16.63
10/11/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.3
Item Summary: Recommendation to approve an agreement between Collier County and the
Bayshore Gateway Triangle Community Redevelopment Agency to accept U.S. Department of Housing
and Urban Development Community Development Block Grant funds in the amount of$350,000 for the
Karen Drive Stormwater Improvement Project, authorize the Chairman of the Board to sign the grant
agreement,execute all necessary forms and authorize the necessary budget amendment.
Meeting Date: 10/11/2016
Prepared by:
Title: Project Manager,CRA—Capital Project Planning,Impact Fees,and Program Management
Name: Elly McKuen
08/31/2016 12:00 PM
Submitted by:
Title: Division Director-IF,CPP&PM—Capital Project Planning,Impact Fees,and Program
Management
Name: Amy Patterson
08/31/2016 12:00 PM
Approved By:
Review:
Board of County Commissioners Jean Jourdan Level 1 Sim.Reviewer 1-8 Completed 09/07/2016 12:57 PM
Public Services Department Amanda O.Townsend Level 1 Sim.Reviewer 1-8 Completed 09/08/2016 5:49 PM
Public Transit&Neighborhood Enhancement Michelle Arnold Level 1 Sim.Reviewer 1-8Completed
Capital Project Planning,Impact Fees,and Program Management Amy Patterson Level 1 Sim.Reviewer 1-8Completed
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 09/21/2016 9:05 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 09/27/2016 1:07 PM
Grants Edmond Kushi Level 2 Grants Review Completed 09/27/2016 2:13 PM
County Attorneys Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 09/27/2016 4:37 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/28/2016 9:49 AM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/29/2016 7:58 AM
Grants Therese Stanley Level 3 OMB 1st Reviewer 1-4 Completed 09/29/2016 4:17 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/03/2016 12:29 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/11/2016 9:00 AM
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FAIN# B-16-UC-12-0016 ,co
Federal Award Date Est. 10/2016
Federal Award Agency HUD
CFDA Name Community Development
Block Grant
CFDA/CSFA# 14.218
Total Amount of
Federal Funds Awarded $350,000
Subrecipient Name Bayshore Gateway
Triangle Community
Redevelopment Agency
DUNS# 076997790
FEIN 59-6000558
R&D No
Indirect Cost Rate No
Period of Performance 10/2016-
10/2017
Fiscal Year End 9/30
Monitor End: 12/31/2023
AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY(BAYSHORE)
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 4+
address at 3339 E Tamiami Trail, Naples FL 34112, and "Collier County Community Redevelopment
Agency (CRA)" a community Redevelopment Agency approved by the Board of Collier County
Commissioners, ("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
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WHEREAS,the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan — One year Action Plan for Federal Fiscal Year 2016-2017 for the CDBG Program
with Resolution 2016-147 on June 28,2016—Agenda Item 11E;and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans, the County advertised a substantial
Bayshore Gateway Triangle Community Redevelopment Agency
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amendment on May 20,2016 with a 30 day Citizen Comment period from date May 20,2016 to date June euc.:':
20,2016; 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 Bayshore Gateway Triangle CRA Karen Drive area Stormwater
Improvement project;and
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by
the Parties as follows:
PART I
SCOPE OF WORK
is
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:
Karen Drive area Stormwater Improvement project
Description of project and outcome:
p
CHS,as an administrator of the CDBG program,will make available CDBG funds up to the gross
amount of$350,000 for the construction and associated activities related to the alleviation of
flooding on Karen Drive and the surrounding adjacent affected areas. Activities include but are
not limited to the construction of swales,culverts,driveway reconstruction,catch basins,permits, fi
construction engineering inspections,site restoration and any contingencies.
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 SPECIAL GRANT CONDITIONS
A. Within thirty(30)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.
B. The following resolutions and policies must be adopted by the Subrecipient's governing
body within thirty(30)days of award of this agreement:
❑ Affirmative Fair Housing Policy
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Affirmative Action/Equal Opportunity PolicyCO
►/ Conflict of Interest Policy II';
® Procurement Policy
❑ Uniform Relocation Act Policy
'141 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)
11 Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973,as amended(29 U.S.C. 794)
4 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 by HUD.
Further,the Subrecipient will not undertake any activity or commit any funds prior to the
HUD environmental clearance of funds and a CHS Notice to Proceed (NTP) letter.
Violation of this provision will result in the denial of any reimbursement of funds under
this Agreement.
L2 PROJECT DETAILS
A. Project Description/Project Budget
Description Federal Amount
Project Component 1: $350,000
Construction and related activities including but are not limited to the
construction of Swales,culverts,driveway reconstruction,catch basins,
permits,construction engineering inspections,site restoration and
contingencies.
f/
Total Federal Funds: $350,000
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
Z Maintain National Objective Documentation
Provide Quarterly reports on National Objectives and project progress
El Required attendance by a representative from executive management at quarterly
partnership meetings,as requested by CHS.
/: Identify Lead Project Manager
E Provide Site Design and Specifications
Z Comply with Davis Bacon Labor Standards
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Provide certified payroll weekly throughout construction and rehabilitation .'so
❑ 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
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LMA: Must document where at least 51% of the residents are LMT persons which by
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% of persons served, are low to moderate income
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. jy
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 E.
have at least 51% occupied by 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 LMI benefit national objective addresses
activities designed to create or retain permanent jobs,at least 51% 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 thirty(30)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 Within thirty(30)days of
agreement execution
Project Plans and Specifications Site Plans and Specifications Prior to Construction Start
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Submission of Progress Report Exhibit C Quarterly reports.Annually after co
closeout.
Financial and Compliance Audit Exhibit E Annually 9 months after FY end
until 2023
Continued Use Certification Continued Use Affidavit, if Annually until 2023
applicable
Revenue Plan for maintenance Plan approved by the County Initial Plan due after completion
and Capital Reserve of rehabilitation and annually
thereafter until 2023
Program Income Reuse Plan Plan Approved by the County Annually thereafter-Not F
Applicable
D. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1: • Submission of supporting • Submission of
Construction and related activities documents must be provided as monthly
including but are not limited to backup as evidenced by,banking invoices
the construction of Swales, documents,completed AIA G702-
culverts,driveway reconstruction, 1992 form or equivalent document
catch basins,permits, per contractor's Schedule of
construction engineering Values and any additional
inspections site restoration and documents as needed.
contingencies. • Invoices for construction
inspections services with
payment amount reflected in
Exhibit"B". • Submit request
• 10%retainage will be withheld after final close
with each request for payment and out monitoring
will be released upon completion clearance
of activities and final close out
monitoring
10% retainage held,will be released upon documentation that at least 51% of persons served are low to
moderate income households, in order to meet a CDBG National Objective. Failure on behalf of the
subrecipient in achieving the National Objective under this agreement will require repayment of the
CDBG investment under this agreement and aforementioned construction agreement.
1.3 PERIOD OF PERFORMANCE
Services of the Subrecipient shall start effective the date of the execution of this agreement and
shall end on or before October 31,2017.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available Three Hundred Fifty Thousand Dollars($350,000.00)
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For the 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%of the total funding amount and does not
signify a change in scope. Fund shifts that exceed 10% 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 disbursements requests must be limited to the amount needed at the time
of the request. Invoices for work performed are required every month.
SUBRECIPIENT may expend funds only for allowable costs resulting from obligations
incurred during the term of this agreement. If no work has been performed during that month, or
if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be
required. Explanations will be required if two consecutive months of$0 invoices are submitted.
Payments shall be made to the SUBRECIPIENT when requested as work progresses but,not
more frequently than once per month. Reimbursement will not occur if Subrecipient fails to
perform the minimum level of service required by this agreement.
Final invoices are due no later than 90 days after the end of the agreement. Work performed
during the term of the program but not invoiced within 90 days 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 and reported to the Board on a quarterly basis.
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 §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 grants management rules for cost
allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 15-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 directcosts that may be attributed specifically
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to the projects referenced above as defined in 2 CFR 200.413. The Subrecipient must provideco
adequate documentation for validating costs incurred.Payments to Subrecipient's contractors and a.
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,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: lisaoien@colliergov.net
Telephone: (239)252-6141
BAYSHORE CRA ATTENTION:Elly Mckuen,Project Manager
3570 Bayshore Drive Unit 102
Naples,Florida 34122
Email:ellymckuen@colliergov.net
Telephone: (239)252-5890
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PART II cr$ i
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 Grantee,Developer,or
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.
l` I,
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 not be 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 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,
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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
submission of the annual performance and evaluation report, as prescribed in 2 CFR
200333 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. Meet all
requirements for retaining public records and transfer, at no cost,to COUNTY all public
records in possession of the SUBRECIPIENT upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. All records stored electronically must be
provided to the COUNTY in a format that is compatible with the information technology
systems of the public agency.
E. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon
Law, including files containing contractor payrolls, employee interviews, Davis-Bacon
wage rates,and administrative cross-referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law.
Similarly,the SUBRECIPIENT shall maintain records showing compliance with federal
purchasing requirements and with other federal requirements for grant implementation.
F. The SUBRECIPIENT will be responsible for the creation and maintenance of income
eligible files on clients served and documentation that all households are eligible under
HUD Income Guidelines.The SUBRECIPIENT agrees that CHS shall be the final arbiter
on the SUBRECIPIENT's compliance.
G. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24
CFR 570.208 and the eligibility requirement(s) under which funding has been received,
have been met. These also include special requirements such as necessary and
appropriate determinations as defined in 24 CFR 570.208, 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 public agency would provide the records and at a cost that
does not, exceed the cost provided in this chapter or as otherwise provided by law.
SUBRECIPIENT shall ensure that public records that are exempt or confidential and
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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 nine(9)months after the Single Audit(or one hundred eighty(180)days
for Subrecipients exempt from Single Audit), after the Subrecipients 's fiscal year end, The
COUNTY will conduct an annual financial and programmatic review.
The 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.
The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate
fraud,waste, abuse,or non-performance based on goals and performance standards as stated with
all other applicable federal, state and local 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.
i
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.
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SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate and preventco
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 Resolution No. 2013-228,Community and Human Services(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
entity 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 entity may be considered in violation of Resolution No.2013-228
3. If in the case an Entity continues to fail to correct the outstanding issue or repeats
an issue that was previously corrected, and hasbeen 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 CDBG investment for
acquisition of the properties conveyed,be returned to the Division.
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• The Division may require upwards often percent(10%)of the award amount
be returned to the Division, at the discretion of the Board of County
Commissioners.
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• The entity will be considered in violation of Resolution No.2013-228
4. If in the case after repeated notification the Entity 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
Entity 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 entity will be considered in violation of Resolution No.2013-228
If in the case the Entity 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 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.
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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
k'.
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)) including subpart K of these regulations,
except that (1) the SUBRECIPIENT does not assume the recipient's environmental
responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the
recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52
and (3) 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 Federal, state and local laws,regulations, and policies governing
the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds
available under this agreement to supplement rather than supplant funds otherwise available.
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 Grantee shall be exempt from payment of all
Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers'
Compensation Insurance,as the SUBRECIPIENT is an independent contractor.
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 Grantee's governing
body. Such amendments shall not invalidate this agreement, nor relieve or release the Grantee or
SUBRECIPIENT from its obligations under this agreement.
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The COUNTY may, in its discretion, amend this agreement to conform with Federal, state or
CLlocal 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 CDBG grant funds from HUD and must
be implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing CDBG funds pertaining to this agreement. In the event
of curtailment or non-production of said federal funds,the financial sources necessary to continue
to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event,
the COUNTY may terminate this agreement, which termination shall be effective as of the date
that it is determined by the County Manager or designee, in his-her sole discretion and judgment,
that the funds are no longer available. In the event of such termination,the SUBRECIPIENTi
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
tl
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
perfonnance 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
Collier County. The foregoing indemnification shall not constitute a waiver of sovereign
immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall
survive the expiration of termination of this agreement.
3.7 GRANTEE RECOGNITION/SPONSORSHIPS
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The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports and similar
public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the
Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN t
DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
5
and shall appear in the same size letters or type as the name of the SUBRECIPIENT.This design i
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 r
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In accordance with 2 CFR 200.339, this agreement may also be terminated for
convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth
the reasons for such termination,the effective date, and, in the case of partial terminations, the
portion to be terminated. However, if in the case of a partial termination,the Grantee determined
that the remaining portion of the award will not accomplish the purpose for which the award was
made,the Grantee may terminate the award in its entirety.
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
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may become applicable at any time; 1,
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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;or 1
D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or
incomplete in any material respect.
E. Submission by the SUBRECIPIENT of any false certification;
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F. Failure to materially comply with any terms of this agreement;and
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G. Failure to materially comply with the terms of any other agreement between the County RV
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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 CDBG funds
SUBRECIPIENT has received under this agreement;
D. Apply sanctions if determined by the County to be applicable;
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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
carried, at all times during its performance.
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3.11 ADMINISTRATIVE REQUIREMENTS a
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 Grants(24 CFR 570 et seq.).
3.12 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards at(2 CFR 200.318 through
.326)and Collier County's purchasing thresholds.
Range: Competition Required
$0-$3,000 1 Written Quote $I
$3,000-$10,000 3 Written Quotes
$10,000-$50,000 3 Written Quotes 1,41 i
$50,000+ Bids,Proposals,Contracts(ITB,RFP,etc)
Ali 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 there is Program Income derived from the use of
CDBG funds disbursed under this agreement, such Program Income shall be retained by the
SUBRECIPIENT for use in the Community Development Grant Program. Any "Program
Income"(as such term is defined under applicable Federal regulations)gained from any activity 'L;
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. 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 Subrecipientmay close out the project with the County after the year
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affordability period has been met, if applicable. Activities during this closeout period shall a
include, but not be limited to:making final payments, disposing of program assets(including the
return of all unused materials, equipment, program income balances, and receivable accounts to
the COUNTY), and determining the custodianship of records. In addition to the records retention
outlined in 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 SLTBRECIPIENT 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.
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 fifty-one
(51) percent owned and controlled by minority group members or women.For the purpose of this
definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed
or Spanish-heritage Americans,Asian-Americans, and American Indians. The SUBRECIPIENT
may rely on written representations by businesses regarding their status as minority and female
business enterprises in lieu of an independent investigation.
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3.17 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 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 thirty percent (30%) of the beneficiaries directly assisted
under this agreement must reside in unincorporated Collier County or in municipalities
participating in the County's Urban County Qualification Program. The project shall assist
beneficiaries as defined above for the time period designated in Exhibit"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 five year 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 the SUBRECIPIENT. The SUBRECIPIENT'
covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and 2
CFR 200.318,and the State and County statutes, regulations, ordinance or resolutions governing
conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its
employees shall be disclosed in writing to CBS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low and moderate
income residents of the project target area.
The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to
entering,into any contract with an entity owned in whole or in part by a covered person or an
entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may
review the proposed contract to ensure that the contractor is qualified and that the costs are
reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion.
This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects
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using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or vct!<'
its employees shall be disclosed in writing to CHS provided,however,that this paragraph shall be
interpreted in such a manner so an not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low and moderate
income residents of the project target area.
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 570.200(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.
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C. It will retain its independence from Federal, State and local governments and may
continue to carry out its mission, including the definition, practice and expression of its
religious beliefs, provided that it does not use direct CDBG funds to support any
inherently religious activities,such as worship,religious instruction or proselytizing.
D. The funds shall not be used for the acquisition,construction or rehabilitation of structures
to the extent that those structures are used for inherently religious activities. Where a
structure is used for both eligible and inherently religious activities, CDBG funds may
not exceed the cost of those portions of the acquisition, construction or rehabilitation that
are attributable to eligible activities in accordance with the cost accounting requirements
applicable to CDBG funds in this part. Sanctuaries,chapels,or other rooms that a CDBG
funded religious congregation uses as its principal place of worship, however, are
ineligible for CDBG funded improvements.
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.
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3.22 SEVERABILITY a
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.
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PART IV p ear
4'_ G
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
http://www.law.eornell.edu/cfr/text/24/part-570
4.2 24 CFR 58 The regulations prescribing the. Environmental Review procedure. Link:
http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tp1=/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
http://portal.hud.gov/hudportal/HUD?src=tprogram_offices/fair housing_equal_opp/FH
Laws/109
4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing
Act.littp://www.hud.gov/offices/fheo/library/huddojstatement.pdf
E.O. 11063 — Equal Opportunity in Housing
http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal app/FH
Laws/EXO 1 1 063
E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs
http:I/www.archives.gov/federal-register/codification/executive-order/12259.html
"""*".,` 24 CFR_Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O.
http:l/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
http://portal.hud.gov/hudportal/HUD?src="program_offices/fair housing_equal_opp/prog
desc/title8
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.
http://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:
http://www.eeoc.gov/eeoc/history/35th/thelawleo-11246,html
EO 11375 and 12086: see item#8 below
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
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for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Q,
Opportunity or Affirmative Action employer. http://www.eeoc.gov/laws/statutes/titlevii.cfm I a
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 Sub-recipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their
successors and assigns, to those sanctions specified by the agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to
include thefollowing 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 projectis 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.
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The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that a
would prevent compliance with these requirements. http://www.ecfr.gov/cgi- bin/text- -
idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135 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 http://www.doLgov/oasam/regs/statutes/age_act.htm
11063:http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing_equal_o
pp/FHLaws/EXO11063
11246:http://www.eeoc.gov/eeoc/history/3Sth/thelaw/eo-11246.html
11375:Amended by EO 11478
11478:http://www.archives.gov/federal-register/codification/executive-order/11478.html
12107:http://www.archives.gov/federal-register/codification/executive-order/12107.html
12086:http://www.archives.gov/federal-register/codification/executive-order/12086.html
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm
4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(6)(5),24 CFR 570.614 Subpart K.
Section 504: http://www.epa.gov/civilrights/sec504.htm:
29 USC 776:http://law.onecle.com/uscode/29/776.html
24 CFR 570.614:http://www.law.cornell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ualindex.htm
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
http://www.fhwa,dot.gov/realestate/ua/index.htm
4.15 29 CFR Parts 3 and 5-Regulations which prescribe the payment of prevailing wages and the use
of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act.
HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC
276a and 24 CFR 135.11(c).
29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed in
whole or in part byLoans or Grants from the United States-
http://www.law.cornell.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) http://www.law.comell.edu/cfr/text/29/part-
5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally
assisted projects.http://www.presidency.ucsb.edu/ws/index.php?pid=23675.
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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 http://www.mbda.gov/node/333
HUD Circular Letter 79-45
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: http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24-
vol3-sec570-608.pdf
E.O. 13279:http://fedgovcontracts.com/pe02-192.htm
4.18 Public Law 100-430-the Fair Housing Amendments Act of 1988.
http://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.
4.20 Immigration Reform and Control Act of 1986
http://www.eeoc.govieeoc/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-
http://www.lawserver.com/law/state/florida/statutes/florida_atatutes_chapter_l 12_partiii Collier
County
http://bccspoI/SiteDirectoiy/ASD/HR/labor/CMAs/Shared%o24Documents/CMA%205311.1
20Standards%o20of%o20Conduct.pdf
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 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.
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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 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,
http://www.flsenate.gov/Laws/Statutes/2010/44.102
4.25 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act,41 USC 7401,et seq.http://www.law.cornell.edu/uscode/text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
http://www.law.cornell.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; http://www.ecfr,gov/cgi-bin/text-
idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2
4:3.1,1.3,4,11.1,6&idno=24
4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead-Based Paint Poisoning
Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text-idx?
c=ecfr&SID=eba40bdb52822d80827a48bced5 b0b56&rgn=div8&view=text&node=24:3.
1,1.3.4,11.1.9&idno=24'
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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.
httpl/www.nps.gov/history/local-law/nhpal966.htm http://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr&tp1=/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. http://www.nps.gov/history/local-
Iaw/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).
http://us-code.vlex.com/vid/drug free-workplace-requirements-contractors-19242870
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.
http://www.ecfr.gov/cgi-bin/text-
idx?c-ecfr&SID-eba40bdb52822d80827a48bced5b0b56&rgn-div8&view=text&node-2
4:3.1.1.3.4.11.1.10&idno=24
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 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
Subrecipients 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.
Clarification of Eligible Audit Costs.
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The Amendment to 92.206(d)(3) clarifies that eligible costs of a.project audit include the costa as
certification of costs performed by a certified public accountant. This has always been an eligible
cost;the amendment clarifies and codifies this. http://www.law.cornell.eduCcfr/text/24/92.206
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
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24,10.1, shall be
subject to the provisions of CDBG including, but not limited to, the provisions on use and
disposition of property. Any real property within the SUBRECIPIENT control, which is
acquired or improved in whole or part with CDBG funds in excess of$25,000,must adhere to the
CDBG Regulations at 24 CFR 570.505. http://www.fhwa.dot.gov/realestate/ua/index.htm
http:://www.law.cotnell.edu/cfr/text/49/24.101.
http://cfr.vlex,com/vid/570-505-use-real-property-19928754
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.lawserver,com/law/state/florida/statutes/florida statutes 287-133
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 certi.fication,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.
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0.4
4.37 Any rule or regulation determined to be applicable by HUD.
4.38 Florida Statutes 713.20,Part 1,Construction Liens
http://www.leg.state.fl.us/Statutes/index.cfin?App_mode=Display_Statute&URL=0700-
079910713/0713.html
4.39 Florida Statutes 119.021 Records Retention
http://www.lawserver.corn/law/state/florida/statutes/florida statutes_119-021
4.40 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/0119.07.html
(Signature Page to Follow)
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IN WITNESS WHEREOF,the Subrecipient and the County,have each respectively,by an authorized a,'
person or agent,hereunder set their hands and seals on the date first written above.
ATTEST:
BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA
By:
Deputy Clerk DONNA FIALA,CHAIRMAN
Date:
COLLIER COUNTY COMMUNITY
Dated: REDEVELOPMENT AGENCY(BAYSHORE)
(SEAL)
By:
Tim Nance,Chairman
Date:
Approved as to form and legality:
Jennifer A.Belpedio C)5 ' C>':\
Assistant County Attorney
Date:
Bayshore Gateway Triangle Community Redevelopment Agency
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PARTV
EXHIBITS
EXHIBIT A t
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, do 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. Collier County shall be named as an additional
insured.
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:
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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).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins,the following insurance must be kept in
force throughout the duration of the loan and/or contract:
7. Workers' Compensation as required by Chapter 440,Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit
for combined Bodily Injury and Property Damage. Collier County as an additional insured.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred
(100%) of the replacement cost of the property. Collier County must be shown as a Loss payee
with respect to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full
replacement values of the structure(s)or the maximum amount of coverage available:through the
National Flood Insurance Program(NFIP).The policy must show Collier County as a Loss Payee
A.T.LM.A.
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EXHIBIT B
COLLIER COUNTY COMMUNITY&HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I:REQUEST FOR PAYMENT
fi
Subrecipient Name:
Subrecipient Address:
Project Name:
Project No: Payment Request#
Total Payment Minus Retainage
Period of Availability: through
Period for which the Agency has incurred the indebtedness through
SECTION II:STATUS OF FUNDS
Grant Amount Awarded $
Sum of Past Claims Paid on this Account
Total Grant Amount Awarded Less Sum of Past
Claims paid on this Account $
Amount of Previous Unpaid Requests $
Amount of Today's Request $
10%Retainage Amount Withheld $
Current Grant Balance (Initial Grant Amount
Awarded Less Sum of all requests) $
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us 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)
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EXHIBIT C e4
_ tl
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.
QUARTERLY PROGRESS REPORT
Sub-recipients Please fill in the following shaded areas of the report
Agency Name: Bayshore Gateway Triangle Community Redevelopment Agency Date:
Project Title: Karen Drive Stormwater Improvement Project
Alternate
Program Contact: Elly McKuen,Project Manager Contact:
alephone Number: (239)239-252-5890
Activity Reporting Period Report Due Date
October 14-December 31' January 10th
January 31"—March 31" April 10m
April 1"—June 301° July 101"
July 14—September 30th October 10th
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date.
Please list the outaomO goals)from yeitr'approved appll ation&sub tecipienl gteprneh fl it)riiaa oo your pfa re sin meets flg,
1. those'gdals shoe the pg1►tnir of the arennnt �r r `
h r
a y .
A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement.,
Outcome 1: Completion of construction and related activities including but are not limited to the
construction of Swales,culverts,driveway reconstruction,catch basins,permits,construction engineering
inspections and site restoration.
Outcome 2: Project complete and National Objective achieved and documented: LMA
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B.Goal Progress:Indicate the progress to date in meeting each outcome goal.
IS this
projectstill to compliance with he original'projectschedule `If more than 2 months behind schedule,
2. must submit a',new timeline for approval;
•
0 0
Yes No
If no,explain:
3. Since October 1,2016,of the persons assisted,how many....
a. ...now have new access(continuing)to this service or benefit?
b. ...now has Improved access to this service or benefit?
b. ...now has improved access to this service or benefit? 0
c. ...now receive a service or benefit that is no longer substandard? 0
TOTAL: 0
ti
4. �Whatfunding sources are applied for this perlodF!progran)year?
Other Consolidated Plan Funds CDBG
•
Other Federal Funds ESG
State/Local Funds HOME
Total
Entitlement
Total Other Funds $ 0.00 Funds $ 0.00
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— 5. What is the total number of.UNDUPLICATED clients served this quartet',if applicable?
a. Total No.of adult females served: 0 Total No.of females served under 18: 0 w tt
a-
b. Total No.of adult males served: 0 Total No.of males served under 18:
0 i
TOTAL: 0 TOTAL: 0 1
c. Total No.of families served: Total No_of female head of household: 0
hl
6. What Is the total number of UNDUPLICATED clients served since October,If applicable?
a. Total No.of adult females served:
0 Total No,of females served under 18: 0 I
b. Total No.of adult males served: 0 Total No.of males served under 18: 0 I
00
TOTAL: TOTAL:
c. Total No.of families served: 0 Total No.of female head of household: 0
Complete EITHER question#7 OR#8. Complete question#7 if your program only serves clients in one or more of the listed HUD Presumed Benefit
categories. Complete question#8 if any client in your program does not fall into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND e
7. ( PRESUMED BENEFICIARY DATA: 8 I OTHER EENEEICIARY DATA:INCOME RANCE z'
Indicate the total number of UNDUPLICATED persons served Indicate the total number of UNDUPLICATED persons served
since October 1 who fall into each presumed benefit category since October 1 who fall into each Income category(the total
(the total should equal the total in question#8) should equal the total in question#8)
REPORT AS: REPORT AS:
O Abused Children Homeless 0 Extremely low Income(0-30%)
O Person Battered 0 Low Income(31-50%)
O Battered Spouses 0 Moderate Income(51-80%)
i1 0 PersonswIHIV/AIDS 0 Above Moderate Income(>80%)
O Elderly Persons
O Veterans
O Chronically/Mentally III
O Physically Disabled Adults.
0 Other-Youth
TOTAL: 0 TOTAL: 0
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Bayshore Gateway Triangle Community Redevelopment Agency
CD 16-003 IDIS#540
Karen Drive Stormwater Improvements Project
Page 36
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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 ,.-4\
B. Assets:All Household Members,Including Minors
Member Asset Description Cash Value Income
from Assets
l
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 2.0%o)and enter results in B(c),otherwise leave
blank. B(c)
Bayshore Gateway Triangle Community Redevelopment Agency
CD 16-003 IDIS#540
Karen Drive Stormwater Improvements Project
Page 37
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C. Anticipated Annual Income:Includes Unearned Income and Support Paid on Q-
Behalf of Minors
f
Member Wages/ Benefits/ Public Other
Salaries Pensions Assistance Income r
(include tips, Asset
commissions, Income 1
bonuses,and
overtime) (Enter the
1 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) (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.
D. 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
perjtuy.
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
1
Adult,Household Member(if applicable) Date
Adult Household Member(if applicable) Date
Bayshore Gateway Triangle Community Redevelopment Agency
CD 16-003 IDIS#540
Karen Drive Stormwater Improvements Project
Page 38
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E. 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:
❑ Very-Low Income (VLI)Household means and individual or family whose annual income does
not exceed 30 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 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$ ).
❑ Moderate Income(MOD)Household means and individual or family whose annual income does
not exceed 30 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
F. Household Data
Number of Persons
•
By Race/Ethnicity By Age
Native
American Hawaiian or Other 0— 26— 41 —
Indian Asian Black Other Pac. White 25 40 61 62+
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
Bayshore Gateway Triangle Community Redevelopment Agency
CD 16-003 IDIS#540
Karen Drive Stormwater Improvements Project
Page 39
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EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR 200.500 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements. Accordingly, Collier County requires that all
appropriate documentation is provided regarding your organizations compliance.
p year, entity .
In determiningFederal awards expended in a fiscal the 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 guidelines
established by OMB Circular A-133, for fiscal nears beginning before December 26, 2014, and established by 2
CFR Part 200, Subpart F—Audit Requirements, for fiscal years beginning on or after December 26, 2014, This
form may be used to monitor Florida Single Audit Act(Statute 215.97) requirements.
Subrecipient Bayshore Gateway Triangle Community Redevelopment Agency
Name
First Date of Fiscal Year(MM/DD/YY) Last.Date of Fiscal Year(MPA/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 Circular A-133 or 2 CFR Part 200, Subpart F Single Audit 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 Circular A-133 or 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
0 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 reports. 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
l hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
Bayshore Gateway Triangle Community Redevelopment Agency
CD 16-003 IDIS#540
Karen Drive Stormwater Improvements Project
Page 40