Agenda 10/10/2017 Item #16D 3Proposed Agenda Changes
Board of County Commissioners Meeting
October 10, 2017
Withdraw Item 9B: ***This item has been continued from the September 26, 2017 BCC Meeting
Agenda.*** This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation to approve an amendment to Ordinance Number 2005 -63, as
amended, the Cirrus Pointe RPUD, to reduce the minimum floor area for multi family dwelling units, and to
approve a second amended and restated Affordable Housing Density Bonus Agreement to allow the
Developer to have the option of constructing owner occupied units or rental units designated as Affordable
Housing Units. The subject property, consisting of 9.92± acres, is located at the northe ast corner of
Bayshore Drive and Thomasson Drive, in Section 14, Township 50 South, Range 25 East, Collier County,
Florida. [PUDA- PL20170001626] (Petitioner’s request)
Move Item 16A12 to Item 11J: Recommendation to approve a Capital Improvement Project of
approximately $114,208, for the installation of two (2) Beach Tractor Shelters to be installed at the
Tigertail Beach Park and the Vanderbilt Beach Parking Garage to facilitate adequate equipmen t
protection and cleaning operations to prolong the operational life of beach cleaning equipment and make a
finding that this item promotes tourism. (Commissioner Taylor’s request)
Withdraw Item 16D3: Recommendation to approve a
Community Development Block Grant (CDBG) release of a
20-year lien for the associated Boys & Girls Club of Collier
County land acquisition project consistent with CDBG
requirements. (Staff’s request)
Continue Item 16F15 to the October 24, 2017 BCC Meeting: Recommendation to renew and approve
the annual Agreement between the Southwest Florida Economic Development Alliance, Inc. and Collier
County in continued support of the established public-private partnership designed to advance the
County’s economic development efforts. (Commissioner McDaniel’s request)
Continue Item 16F16 to the October 24, 2017 BCC Meeting: Recommendation to renew and
approve the annual Agreement between the Partnership for Collier’s Future Economy, Inc.
(“Partnership”) and Collier County in continued support of the established public-private partnership
designed to advance the County’s economic development efforts. (Commissioner McDaniel’s request)
Continue Item 16F17 to the October 24, 2017 BCC Meeting: Recommendation to renew and approve
the annual Agreement between Economic Incubators, Inc. and the Board of County Commissioners in
continued support of the established public-private partnership designed to advance the County’s economic
development efforts. (Commissioner McDaniel’s request)
Move Item 16H2 to Item 10A: Recommendation to direct the County Attorney to advertise and bring
back for a public hearing an ordinance reestablishing the Productivity Committee. (Commissioner Fiala’s
request)
Time Certain Items:
10/10/2017
EXECUTIVE SUMMARY
Recommendation to approve a Community Development Block Grant (CDBG) release of a 20-year
lien for the associated Boys & Girls Club of Collier County land acquisition project consistent with
CDBG requirements.
_____________________________________________________________________________________
OBJECTIVE: To release a 20-year lien placed on the Boys & Girls Club land acquisition project on
September 8, 2011 to satisfy CDBG requirements.
CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) provides
CDBG funds to address program-specific needs in the community.
On September 15, 2009, the Board approved a CDBG Subrecipient Agreement with the Boys & Girls
Club of Collier County (Agenda item 16D9). The agreement established funding for land acquisition for
future construction of a Boys & Girls Club in Immokalee, FL.
On September 8, 2011, a 20-year lien was placed on this project. At that time, management required a 20-
year term on all projects; however, 24 CFR 570.505 does not require liens to be placed for that length of
time on CDBG projects. Deed Restrictions are now placed for five-year periods commencing when a
National Objective is met per 24 CFR 570.505. The Boys & Girls Club of Collier County Immokalee
facility was officially opened on November 17, 2016 and a five-year Deed Restriction has been completed
and is awaiting signature and recording. It will be recorded simultaneously with the release.
FISCAL IMPACT: The proposed actions described in this executive summary have no new fiscal
impact. The funding source for the grant award is CDBG. The projects are budgeted in the Housing Grant
Fund 121, Project 44505. The estimated $45.00 recording fee will be paid within the Housing Grant Fund
705, Project 33479.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board approval. -JAB
GROWTH MANAGEMENT IMPACT: This project furthers the Goals, Objectives, and Policies of the
Housing Element of the Growth Management Plan.
RECOMMENDATION: To approve and authorize the release of a 20-year lien for the associated Boys
& Girls of Collier County land acquisition project consistent with CDBG requirements.
Prepared By: Rose Munoz, Grant Coordinator; Community and Human Services Division
ATTACHMENT(S)
1. Recorded Lien Agreement (PDF)
2. Release of Lien Agreement (PDF)
3. FINAL Executed 2009 BGCCC Agreement (PDF)
10/10/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.3
Doc ID: 3600
Item Summary: Recommendation to approve a Community Development Block Grant (CDBG)
release of a 20-year lien for the associated Boys & Girls Club of Collier County land acquisition project
consistent with CDBG requirements.
Meeting Date: 10/10/2017
Prepared by:
Title: Grants Coordinator – Community & Human Services
Name: Rosa Munoz
08/09/2017 3:43 PM
Submitted by:
Title: Division Director - Cmnty & Human Svc – Public Services Department
Name: Kimberley Grant
08/09/2017 3:43 PM
Approved By:
Review:
Community & Human Services Kristi Sonntag Additional Reviewer Completed 08/15/2017 10:18 AM
Community & Human Services Maggie Lopez Additional Reviewer Completed 08/29/2017 11:19 AM
Operations & Veteran Services Sean Callahan Additional Reviewer Completed 08/31/2017 12:17 PM
Public Services Department Joshua Hammond Level 1 Division Reviewer Completed 09/01/2017 3:36 PM
Grants Erica Robinson Level 2 Grants Review Completed 09/05/2017 9:45 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 09/05/2017 2:28 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 09/26/2017 3:02 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/26/2017 4:20 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/27/2017 8:40 AM
Grants Therese Stanley Additional Reviewer Completed 09/27/2017 2:39 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 09/29/2017 2:08 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/02/2017 9:44 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/10/2017 9:00 AM
Prepared by and to be returned to:
Collier County Housing, Human and Veteran Services
3339 Tamiami Trail East
Building H Suite 211
Naples, FL. 34112
INSTR 4604652 OR 4717 PG 993
RECORDED 9/8/2011 4:08 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $18.50
LIEN AGREEMENT
THE BOYS & GIRLS CLUB OF COLLIER COUNTY
LAND ACQUISITION
As provided for by the SEPTEMBER 15, 2009, Community Development Block Grant (CDBG)
Agreement CD09-09, ("Agreement"), a copy of which is attached hereto as Exhibit "A," Uwe THE
BOYS AND GIRLS CLUB OF COLLIER COUNTY (hereafter the "CLUB"), as recipients of the
referenced grant, do hereby acknowledge and agree with the Board of County Commissioners of
Collier County, ("County") that:
1) Tract A, Roberts Ridge, a subdivision according to the plat thereof recorded at Plat Book 25,
Page 100, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (Property Id No.
70690000107), Instrument 4440964 OR 4575 PG 3307 and;
2) 1013 ROBERTS AVENUE W, IMMOKALEE, FLORIDA 34142, more particularly described
as: Beginning at the Northwest corner of the southeast quarter of the northwest quarter of section 3,
township 47 south, of range 29 east, Collier County, Florida; thence west 660 feet to the point of
beginning; thence south 660 feet, thence west 210 feet; thence north 660 feet; thence east 210 feet
to the point lying within boundaries of Roberts Ave., a public right of way along northerly boundary
of premises, as set forth in Instrument 4440972 OR 4575 PG 3335,
together (hereafter the "Property"), are subject to the Agreement, and for good and valuable
consideration, the receipt and sufficiency of which are acknowledged by the CLUB and County, do
now agree to subject the Property to this lien ("Lien") in favor of the County.
The CLUB and County further acknowledge and agree that the terms and conditions of this Lien on
the Property, include the following:
The Lien secures the sum of Five Hundred Sixty Thousand Seven Hundred Forty and
00/100 Dollars (U.S. $560,740.00) provided to the CLUB under the Agreement; and
2. The basis of the Lien are the terms set forth in the Agreement, as well as the applicable
federal and County regulations requiring that the CLUB must return/reimburse the CDBG
funds if not expended in a manner contemplated by the Agreement that ultimately leads to
the construction of a suitable facility on the Property to be operated by the CLUB;
3. That the County will grant any timely and reasonably requested extension of time for the
CLUB to perform as may be required by the Agreement and/or regulations, including any
obligation to initiate or complete the development of such a suitable facility on the Property;
and
4. The Lien shall be automatically released by the County after twenty (20) years from the date
of 7/,s/4, so long as the CLUB has continued to occupy a Boys & Girls Club facility
locatdd on the Property.
Page 1 of 2
IN WITNESS WHEREOF, the CLUB has signed and sealed this Lien on the a Y day of
20—LI.
WITNESS
r
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Signature
El LLA 011 Scam H U
Type/print witness name
STATE OF FLORIDA
COUNTY OF COLLIER
BOYS & GIRLS CLUB OF COLLIER COUNTY
By:�&tum
Theresa J. Slfaw, President/CEO
By: Tll24-2.SCt --T, Svv4w . pY� ctfA�
Type/print Subrecipient name and title
The foregoing Lien Agreement was acknowledged before me this day of
/ c�IuS� 2011, by 71yo-eSA .l .r ') , who [ 1/f are personally known to me or
[—fproduced as proof of identity.
[NOTARIAL SEAL]
NATAUE R. DUFF
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MY COMMISSION # DD 854504
EXPIRES: January 29, 2013
pfR' Bonded Thru Notary Public Underwriters
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. vk&1('eL Signature of Notary Pu;�l1--
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Print Name of Notary Public
Serial / Commission #: 351-i50y
My Commission Expires: /' .�q -/3
Page 2 of 2
Prepared by and to be returned to;
Collier County community X Human Services
3339 Tamia ni Trail Easl
Building H, Suite 211
Naples. Florida 34112
RELEASE OF LIEN AGREEMENT
BOYS AND GIRLS CLUB OF COLLIER COUNTY
LAND ACQUISITION
This Release of Lien Agreement ("Release") is made this of
20 by Collier County, a political subdivision of the State of Florida
("County"), for the benefit of The Boys and Girls Club of Collier County ("Club").
WITNESSETH:
WHEREAS, Club is the fee simple owner of land, generally located at 1155 Roberts
Avenue, Immokalee, Florida, 34142 and more particularly described in Exhibit "A," attached
hereto ("Property"); and
WHEREAS, as required by Community Development Block Grant (CDBG) Agreement
CD09-09 Club entered into a Lien Agreement, recorded in the Official Records Book at OR
4717. Page 993-994, restricting the use of the Property to a boys and girls club; and
WHEREAS, the requirement for CDBG funding was a minimum 5 year use restriction,
and the aforementioned restriction is for 20 years; and
WHEREAS, Club has satisfied the 5 -year requirement, and now desires to release the
Lien Agreement.
NOW THEREFORE, and in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration, the Club and County agree:
1. The foregoing recitals are true and correct and are incorporated herein by this reference.
2. The Lien Agreement, recorded in the Official Records Book at Instrument 4604652 OR
4717, Page 993 — 994, is released and shall be of no further force or effect upon recording
this Release of Lien Agreement in the Public Records of Collier County.
Prepared by and to be returned kr
Collier County Community & I luman Scn ices
3339 Tamiami Trail East
Building H, Suite 211
Naples, Florida 34112
IN WITNESS WHEREOF, Club and County have set its respect hand and seal the day
and year under each signature.
ATTEST:
DWIGHT E. BROCK, CLERK
, DEPUTY CLERK
Approved for form and legailty:
THE BOYS & GIRLS CLUB OF COLLIER
COUNTY, INC.
By:
Theresa Shaw
President and CEO
COLLIER COUNTY
By:
Date:
Jennifer A. Belpedio
Assistant County Attorney
PENNY TAYLOR, CHAIRMAN
Prepared by and In In returned to:
Collie, County Community A I Wotan Sun ices
33391 amiami Trail Gan
Building H, Suite 211
Naples, Florida 34112
EXHIBIT A
Track A. Roberts Ridge, a subdivision according to the plat thereof recorded at Plat Book 25,
Page 100, of the Public Records of Collie County, Florida (Property ID No. 70690000107),
Instrument 4440964 OR 4575 PG 3307 and:
1013 Roberts Avenue, Immokalee. Fl_ 34142, more particularly described as: Beginning at the
Northwest comer of the southeast quarter of the northwest quarter of section 3, township 47
south, of range 29 east, Collier County, Florida; thence west 660 feet to the point of beginning:
thence south 660 feet, thence west 210 feet; thence north 660 feet; thence east 210 feet to the
point lying within boundaries of Roberts Ave., a public right of way along northerly boundary of
premises, as set forth in Instrument 4440972 OR 4575 PG 3335
(Note: Address changed to 1155 Roberts Avenue after recording of Lien Agreement).
AGREEMENT BETWEEN COLLIER COUNTY
AND
THE BOYS & GIRLS CLUB OF COLLIER COUNTY
LAND ACQUISITION
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # B -09 -UC -12-0016
THIS AGREEMENT is made and entered into by and between Collier County, a
political subdivision of the State of Florida, ("COUNTY"), and "The Boys & Girls Club of
Collier County," a private not-for-profit corporation existing under the laws of the State of
Florida, having its principal office at P.O. Box 8896, Naples, FL 34101, 7500 Davis Boulevard,
Naples, FL 34104, and its Federal Tax Identification number as 65-0279110,
("SUBRECIPIENT").
WHEREAS, the COUNTY has entered into an agreement with the United States
Department of Housing and Urban Development (HUD) for a grant for the execution and
implementation of a Community Development Block Grant Program in certain areas of Collier
County, pursuant to Title I of the Housing and Community Development Act of 1974 (as
amended); and
WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain
activities to primarily benefit low and moderate income persons and neighborhoods and to
alternatively use Community Development Block Grant (CDBG) funds for: slum or blight
treatment or for an urgent community need; to improve the quality of life in Collier County by
providing infrastructure improvements, public facilities, and other activities which are related to
neighborhood/community improvements; to improve the condition of life for persons who
require physical access or other services that meet their individual needs; and to provide for long
range community improvements by assessing current conditions and planning long range
improvement programs as described in the Consolidated Plan submission; and
WHEREAS, the Board of County Commissioners of Collier County approved the
Collier County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year 2009-2010 for
the CDBG Program for April 28, 2009 -Agenda Item 16D3; and
WHEREAS, Resolution 09-116 was developed following the Collier County
Consolidated Plan — Citizen Participation Plan, adopted on January 9, 2001 with Resolution 01-
02; and
WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan
for Federal Fiscal Year 2009-2010 for the CDBG Program and the use of the CDBG funds for
the activities identified in the Plan; and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities
specified in Exhibit "A" of this Agreement, in accord with the approved Consolidated Plan; and
2009 CDBG (CD09-09)
Boys & Girls Club of Collier County
Land Acquisition Page I of 29
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
undertakings of the CDBG Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
I. DEFINITIONS
(A) "COUNTY" means Collier County, and where applicable, it's authorized
representative(s).
(B) "CDBG" means the Community Development Block Grant Program.
(C) "HHS" means Collier County Department of Housing and Human Services.
(D) "HHS's Approval" means the written approval of the Department of Housing and
Human Services or designee.
(E) "SUBRECIPIENT" means THE BOYS & GIRLS CLUB OF COLLIER
COUNTY.
(F) "HUD" means the U.S. Department of Housing and Urban Development or a
person authorized to act on its behalf.
(G) "Low and moderate income persons" means the definition set by HUD.
(H) "Project" means the work to be performed as set forth in Exhibit "A."
H. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS,
perform the tasks necessary to conduct the program outlined in Exhibit "A."
III. TIME OF PERFORMANCE
The effective date of the Agreement between HUD and Collier County shall be July 1,
2009. Subrecipients are authorized to incur eligible expenses after that date and prior to
execution of this Agreement subject to HHS prior written approval. The services of the
SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement.
In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to
June 15, 2010. Any funds not obligated by the expiration date of this Agreement shall
automatically revert to the COUNTY, as set forth in Section XI below.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for
allowable costs, determined by COUNTY, in an amount not to exceed FIVE HUNDRED SIXTY
THOUSAND SEVEN HUNDRED FORTY AND 00/100 DOLLARS (U.S. $560,740.00) for the
services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding under a procedure acceptable to the
COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for
2009 CDBG (CD09-09)
Boys & Girls Club of Collier County
Land Acquisition Page 2 of 29
improvements with the lowest responsive and qualified bidder. Contract administration shall be
handled by the SUBRECIPIENT and monitored by HHS, which shall have access to all records
and documents related to the project.
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement
upon completion or partial completion of the work tasks as accepted and approved by HHS
pursuant to the submittal of monthly progress reports. Payments shall be made to the
SUBRECIPIENT when requested as work progresses but not more frequently than once per
month. Payment will be made upon receipt of a proper invoice and in compliance with § 218.70,
Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." No payment will
be made until approved by HHS.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered
to HHS at its office, presently located at 3301 E. Tamiami Trail, Bldg H, Suite 211, Naples,
Florida 34112, and to the SUBRECIPIENT when delivered to its office at the address listed on
page one (1) of this Agreement.
VI. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT
The SUBRECIPIENT shall implement this Agreement in accordance with applicable
Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHS'
Policies and Procedures memoranda.
Should a project receive additional funding after the commencement of this Agreement,
the SUBRECIPIENT shall notify HHS in writing within thirty (30) days of receiving notification
from the funding source and submit a cost allocation plan for approval by HHS or its designee
within forty-five (45) days of said official notification.
B. DEBARMENT
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.
C. LOCAL AND FEDERAL RULES REGULATIONS AND LAWS
The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations
and orders of the State, local and Federal governments, including, but not limited to:
2009 CDBG (CD09-09)
Boys & Girls Club of Collier County
Land Acquisition Page 3 of 29
1. 24 CFR 570, as amended - The regulations governing the expenditure of
Community Development Block Grant (CDBG) funds.
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
3. Title VI of the 1984 Civil Rights Act, 42 USC § 2000d, et. seq.
4. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
5. 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.
6. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972, 42 USC § 2000e, et. seq.
7. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
8. Age Discrimination Act of 1975.
9. Contract Work Hours and Safety Standards Act, 40 USC 327-332.
10. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5).
It. Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended.
12. 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)).
13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped
in federally assisted projects.
14. 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.
15. Public Law 100-430 - the Fair Housing Amendments Act of 1988.
2009 CDBG (CD09-09)
Boys & Girls Club of Collier County
Land Acquisition Page 4 of 29
16. OMB Circular A-133 - concerning annual audits.
17. OMB Circular A-122 - which identifies cost principles.
18. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements
with Institutions of Higher Education, Hospitals and Other Non -Profit
Organizations.
19. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to
State and Local Governments.
20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq.
and regulations relating thereto. Failure by the SUBRECIPIENT to comply with
the laws referenced herein shall constitute a breach of this agreement, and the
County shall have the discretion to unilaterally terminate this agreement
immediately.
21. Chapter 112, Florida Statutes.
22. Prohibition Of Gifts To County Employees - No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or
other item of value to any County employee, as set forth in Chapter 112, Part III,
Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and
County Administrative Procedure 5311.
23. Order of Precedence - In the event of any conflict between or among the terns of
any of the Contract Documents, the terms of the Agreement shall take precedence
over the terns of all other Contract Documents, except the terms of any
Supplemental Conditions shall take precedence over the Agreement. To the extent
any conflict in the terms of the Contract Documents cannot be resolved by
application of the Supplemental Conditions, if any, or the Agreement, the conflict
shall be resolved by imposing the more strict or costly obligation under the
Contract Documents upon the Contractor at Owner's discretion.
24. Venue - Any suit or action brought by either party to this Agreement against the
other party relating to or arising out of this Agreement must be brought in the
appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a
good faith effort to resolve any such disputes by negotiation. The negotiation
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
2009 CDBG (CD09-09)
Boys & Girls Club of Collier County
Land Acquisition Page 5 of 29
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. The 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 at mediation to COUNTY'S board for approval. Should either party fail
to submit to mediation as required hereunder, the other party may obtain a court
order requiring mediation under § 44.102, Fla. Stat.
D. 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 HHS for its review and approval, which will specifically
include a determination of compliance with the terms of the attached Scope of Services 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, Florida
Statutes and HUD. 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 HHS or its designee.
E. AMENDMENTS
This Agreement, and any exhibit or attachment, may be amended only by written
agreement executed by the governing boards of both parties, except that County representative(s)
may approve adjustments between line item amounts, scope clarifications, or an extension of
time and schedule that do not change the project, or exceed the amount funded by the County, as
stated herein. Any modifications to this contract shall be in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such modifications are
authorized.
F. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify
and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, 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 anyone employed or utilized by the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may be available to an
2009 CDBG (CD09-09)
Boys & Girls Club of Collier County
Page 6 O
Land Acquisition f 29
indemnified party or person described in this paragraph. 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.
G. 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 HHS in all publications and publicity. In addition, the
SUBRECIPIENT will make a good faith effort to recognize HHS' support for all activities made
possible with funds made available under this Agreement. The SUBRECIPIENT will mount a
temporary construction sign for projects funded by HHS. This design concept is intended to
disseminate key information regarding the development team as well as Equal Housing
Opportunity to the general public. The construction sign shall comply with applicable County
codes.
H. TERMINATION
In event of termination for any of the reasons identified in sub -sections 1-3 as follows, 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 HHS 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. (See 24 CFR 85.43.)
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. (See 24 CFR 85.44.)
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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.
I. INSURANCE
SUBRECIPIENT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts described herein and further set
forth in Exhibit "B" to this Agreement.
J. SUBRECIPIENT LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit "B" shall not relieve the
SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of
this contract. The contract is contingent upon receipt of the insurance documents within fifteen
(15) calendar days after the Board of County Commissioners' approval. If the Insurance
certificate is received within the specified period, but not in the manner prescribed in these
requirements, the SUBRECIPIENT shall be verbally notified of the deficiency and shall have an
additional five (5) calendar days to submit a corrected Certificate to the County.
If the SUBRECIPIENT fails to submit the required insurance documents in the manner
prescribed in these requirements within twenty (20) calendar days after the Board of County
Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of
the contract.
K. INDEPENDENT AGENT AND EMPLOYEES
The SUBRECIPIENT agrees that 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 law
applicable to County employees relative to employments, hours of work, rates of compensation,
leave, unemployment and employee benefits.
VII. ADMINISTRATIVE REQUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A-110 (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.
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B. DOCUMENTATION AND RECORDKEEPING
1. The SUBRECIPIENT shall maintain all records required by CDBG.
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
HHS. Upon completion of all work contemplated under this Agreement copies of
all documents and records relating to this Agreement shall be surrendered to HHS
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. The SUBRECIPIENT shall submit detailed monthly progress reports to HHS
outlining the status of specific activities under the project. Each report must
account for the total activity for which the SUBRECIPIENT is paid with CDBG
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
"D," Schedule "D-2."
5. The SUBRECIPIENT shall maintain records showing compliance with the Davis -
Bacon Law, including files containing contractor payrolls, employee interviews,
Davis -Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT
shall maintain records showing contractor compliance with the Contract Work
Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain
records showing compliance with federal purchasing requirements and with other
federal requirements for grant implementation.
6. If indirect costs are charged, the 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 COUNTY for approval, in a
form specified by the COUNTY.
7. Failure to adequately maintain any former CDBG funded project may result in the
delay of processing reimbursement requests for ongoing activities or in the
forfeiture of future CDBG funds.
8. 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.
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9. The SUBRECIPIENT further agrees that HHS shall be the final arbiter on the
SUBRECIPIENT's compliance with the above.
C. 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.
The SUBRECIPIENT agrees that HHS will carry out periodic monitoring and evaluation
activities as determined necessary. The continuation of this Agreement is dependent upon
satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHS, submit
information and status reports required by HHS or HUD to enable HHS to evaluate said progress
and to allow for completion of reports required. The SUBRECIPIENT shall allow HHS or HUD
to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as
determined by HHS or HUD.
D. ADDITIONAL HOUSING & HUMAN SERVICES COUNTY, AND HUD
REQUIREMENTS
The SUBRECIPIENT agrees to utilize funds available under this Agreement to
supplement rather than supplant funds otherwise available for specified activities.
E. PRIOR WRITTEN APPROVALS
(1) All subcontracts and agreements proposed to be entered into by the
SUBRECIPIENT pursuant to this Agreement;
(2) All capital equipment expenditures of $1,000 or more;
(3) All out-of-town travel (travel shall be reimbursed in accordance with
Chapter 112, Fla. Stat. unless otherwise required by CDBG);
(4) All change orders;
(5) All requests to utilize uncommitted funds after the expiration of this
agreement for programs described in Exhibit "A"; and
(6) All rates of pay and pay increases paid out of CDBG funds, whether for
merit or cost of living.
F. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by
purchase order or by a written contract and in conformity with the procedures prescribed by the
Federal Management Circulars A-110, A-122, 24 CFR Part 84, and 24 CFR Part 85.
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G. AUDITS AND INSPECTIONS
1. Non-profit organizations that expend $500,000 or more annually in federal
awards shall have a single or program -specific audit conducted for that
year in accordance with OMB A-133. Non-profit organizations expending
federal awards of $500,000 or more under only one federal program may
elect to have a program -specific audit performed in accordance with OMB
A-133.
2. Non-profit organizations that expend less than $500,000 annually in
federal awards shall be exempt from an audit conducted in accordance
with OMB A-133, although their records must be available for review
(e.g., inspections, evaluations). These agencies are required by HHS to
submit "Reduced Scope" audits (e.g., financial audit, performance audits).
They may choose, instead of a Reduced Scope Audit, to have a program
audit conducted for each federal award in accordance with federal laws
and regulations governing the program in which they participate.
3. When the requirements of OMB A-133 apply, or when the
SUBRECIPIENT elects to comply with OMB A-133, an audit shall be
conducted for each fiscal year for which federal awards attributable to this
contract have been received by the SUBRECIPIENT. A copy of the audit
report must be received by HHS no later than six months following the
end of the SUBRECIPIENT's fiscal year.
4. If an audit is required by Section G of this contract, but the requirements
of OMB A-133 do not apply or are not elected, the SUBRECIPIENT may
choose to have an audit performed either on the basis of the
SUBRECIPIENT's fiscal year or on the basis of the period during which
HHS -federal assistance has been received. In either case, each audit shall
cover a time period of not more than twelve months and an audit shall be
submitted covering each assisted period until all the assistance received
from this contract has been reported. Each audit shall adhere to all other
audit standards of OMB A-133, as these may be limited to cover only
those services undertaken pursuant to the terms of this contract. A copy of
the audit report must be received by HHS no later than six months
following each audit period.
5. The SUBRECIPIENT shall maintain all contract records in accordance
with generally accepted accounting principles, procedures, and practices
which shall sufficiently and properly reflect all revenues and expenditures
of funds provided directly or indirectly by the County pursuant to the
terms of this Agreement.
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6. The SUBRECIPIENT shall include in all HHS approved subcontracts
each of the recordkeeping and audit requirements detailed in this contract.
H. PROGRAM -GENERATED INCOME
All income earned by the SUBRECIPIENT from activities financed in whole or in part
by funds provided hereunder must be reported to HHS. 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 HHS, and said plan shall require
the prior written approval of HHS or its designee. Accounting and disbursement of such income
shall comply with OMB Circular A-110 (Uniform Administrative Requirement for Federal
Grants) and other applicable regulations incorporated herein by reference.
Program Income, as defined by 24 CFR 570.500(a), may be retained by the COUNTY.
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 received by the SUBRECIPIENT or its sub -contractors shall be returned to the
COUNTY unless the SUBRECIPIENT requests and is authorized by HHS to utilize
uncommitted funds.
I. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout
requirements are completed. Activities during this closeout period shall include, but not be
limited to: making final payments, disposing of program assets (including the return of all
unused materials, equipment, unspent cash advances, program income balances, and receivable
accounts to the COUNTY), and determining the custodianship of records.
VIII. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the performance of this Agreement
on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon
receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this
Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with
Section 3 of the Housing and Community Development Act of 1968.
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B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED
BUSINESS ENTERPRISES
In the procurement of supplies, equipment, construction, or services, 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 CDBG 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 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 "A" of this Agreement.
D. 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 HHS 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.
E. PUBLIC ENTITY CRIMES
As provided in § 287.133, Fla. Stat. 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), Fla. Stat.
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F. DRUG-FREE WORKPLACE REQUIREMENTS
The SUBRECIPIENT must certify that it will provide drug-free workplaces in
accordance with the Drug -Free Workplace Act of 1988 (41 USC 701).
G. 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 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 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.
H. REAL PROPERTY
Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the
projects stated herein, and approved by the COUNTY in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,
shall be subject to the provisions of CDBG including, but not limited to, the provisions on use
and disposition of property. Any real property within the SUBRECIPIENT control, which is
acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to
the CDBG Regulations at 24 CFR 570.505.
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A. AIR AND WATER
The SUBRECIPIENT agrees to comply with the following requirements:
1. Clean Air Act, 41 USC 7401, et seq.
2. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
USC 4002), 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.
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
Poisoning Prevention Act found at 24 CFR 570.608.
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 USC 470) and the
procedures set forth in 36 CFR 800, Advisory Council on Historic Preservation Procedures for
Protection of Historical Properties.
X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religious
organizations. Section 24 CFR 570.2000) specifies the limitations on CDBG funds.
XI. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY
any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the
use of CDBG funds, and any non -expendable personal property that was purchased with CDBG
funds. Any real property under SUBRECIPIENT control will be covered by the regulations 24
CFR 570.503(B)(8).
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XII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid,
such a determination shall not affect the validity or enforceability of any other section or part
thereof.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty-nine (29) enumerated pages, which include the
exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be
deemed to be an original, and such counterparts will constitute one and the same instrument.
XIV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the
parties 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.
IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on this September 15, 2009.
2009 CDBG (CD09-09)
Boys & Girls Club of Collier County
Land Acquisition Page 16 of 29
ATT S',,- BOARD OF CO 'TY COMMISS ONERS OF
DVV',: BRO K, CLERK COLLIER CO Y, FLORIDA
By:
CHAIRMAN, DONNA FIALA
Dated: l
First Witness The Boys & Girls Club Of Collier County
6J
6 (I A/° C---, � � t , By: n,o m—
Subreciplent qnhJre
Type/print witness name / 4 0-t j 3o �Ce Jy k n s o n
Type/print Subrecipient name and title
Second Witness
1� r� On )e&c c
Type/print witness name Approved as to form and legal sufficiency:
Colleen M. Greene
Assistant County Attorney
2009 CDBG (CD09-09)
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Land Acquisition
Page 17 of 29
SCOPE OF SERVICES
THE BOYS & GIRLS CLUB OF COLLIER COUNTY
LAND ACQUISITION
THE SUBRECIPIENT AGREES TO:
A. PROJECT SCOPE:
The Boy & Girls Club of Collier County (BGCCC) proposes to acquire land in
Immokalee, FL for the future construction of a Boys & Girls Club. The BGCCC will
acquire land on which a 40,000 foot multi-component campus will be constructed. The
BGCCC will offer programs to youths between the ages of six and eighteen, who qualify
under low and moderate income households.
Collier County Department of Housing and Human Services is funding FIVE
HUNDRED SIXTY THOUSAND SEVEN HUNDRED AND FORTY DOLLARS
($560,740.00) with CDBG funds for the land acquisition portion of this project only.
B. BUDGET - Land Acquisition
Line Item: CDBG Funds
Acquisition $560,740.00
Total $560,740.00
Clarifications to the quantity and types of work to be conducted under Exhibit A will be
processed by a Change by Letter, Exhibit A-1, and made an integral component of this
Agreement.
C. PROJECT MILESTONE SCHEDULE
The time frame for completion of the outlined activities shall be:
MILESTONE/TASK
START DATE
END DATE
Identify Site
July 1, 2009
September, 2009
Get appraisal and provide to HHS
July 1, 2009
November, 2009
Acquire land/Closing
July 1, 2009
June 15, 2010
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Land Acquisition Page 18 of 29
NOTE: Performance milestones are in effect for program monitoring requirements
only, and as such, are used by HUD and other grantor agencies as general target goals
rather than strict performance requirements.
This agreement shall allow reimbursement of expenses for all eligible costs associated
with the agreement and does not require the completion of all agreement milestones for
reimbursement to be paid.
Please note that if any of these activities exceed the timelines by two months a revised
work schedule must be submitted to HHS.
D. OUTCOME PERFORMANCE MEASUREMENTS:
OBJECTIVE
OUTCOMES
ACTIVITY
INDICATORS
Suitable Living
Sustainability through
Land acquisition for
Land purchase as
Environment
land acquisition
construction of new
indicated by deed
Boys & Girls Club
of sale
Public Facility
2009 CDBG (CD09-09)
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Land Acquisition Page 19 of 29
EXHIBIT "A -I"
CHANGE BY LETTER
COLLIER COUNTY GOVERNMENT
Collier County Housing & Human Services
Public Services Division
Date
Contact Name
Name of Firm
Address
RE: Zero Dollar Contract Change Notification
Re: Contract # and Title of Contract
Project #
Purchase Order #
Dear Contact Name:
User Name
Address
NAPLES, FLORIDA Zip code
PHONE: (239) Phone #
FAX (239) Fax #
By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below:
The above referenced contract time is hereby extended by Number of days calendar days. The new completion
date shall be on or before month and date, Year.
By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and
satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal
rights, including, but not limited to, rights to terminate, suspend or elect any other appropriate course(s) of action
should circumstances warrant with regard to the referenced contract.
a
Additional Staffing Categories Professional Position(s) Hourly Rate(s)
Draw against Allowance (specify allowance item and identify specific items and quantities)
Other: Scope Clarifications as indentified in Schedule B-1, "Clarifications in Scope", (attached).
Sincerely,
Your name
Title
cc: Contract Specialist Name Contract Specialist, Purchasing Department
Suzanne Boothby, Clerk's Grants Department
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Land Acquisition Page 20 of 29
EXHIBIT "B"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing and Human Services
Department, 3301 E Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s) of
Insurance evidencing insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Public Liability Insurance on a comprehensive basis in an amount no less than
$300,000 per occurrence for combined Bodily Injury and Property Damage. 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 $300,000 per
occurrence for combined Bodily Injury and Property Damage.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be
provided as follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the
licensed design professional employed by the SUBRECIPIENT in an amount not less than
$300,000 per occurrence providing for all sums which the SUBRECIPIENT and/or the design
professional shall become legally obligated to pay as damages fro claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this contract. This insurance shall be maintained for a period of two (2) years
after the certificate of Occupancy is issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or
cause its Subcontractors to provide original policies indicating the following types of insurance
coverage prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount
not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s).
The policy shall be in the name of Collier County and the SUBRECIPIENT.
6. Flood Insurance shall be provided for those properties found to be within a flood
hazard zone, in an amount not less than the full replace values of the completed structure(s) or
the maximum amount of coverage available through the National Flood Insurance Program
(NFIP), whichever is greater. The policy will show Collier County as a Loss Payee A.T.LM.A.
This policy will be provided as such time that he buildings' walls and roof exist.
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
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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. Public Liability coverage in an amount not less than $1,000,000 per occurrence
for combined Bodily Injury and Property damage. Collier County must be shown as an
additional insured with respect to this coverage.
8. 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.
9. Flood Insurance coverage for those properties found to be within a flood hazard
zone for the full replacement values of the structure(s) or the maximum amount of coverage
available through the National Flood Insurance Program (NFIP). The policy must show Collier
County as a Loss Payee A.T.I.M.A.
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Land Acquisition Page 22 of 29
EXHIBIT "C"
ADDITIONAL CDBG GRANT REQUIREMENTS
Enter additional requirements here, IF NONE EXIST, state "There are no additional
grant requirements."
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Land Acquisition Page 23 of 29
REQUIRED SUBMITTALS
D-1 Request for Payment
D -la Release and Affidavit Form
D-2 CDBG Monthly Progress Report
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Land Acquisition Page 24 of 29
SCHEDULE "D -I"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: The Boys & Girls Club of Collier County
Subrecipient Address: 7500 Davis Boulevard Naples FL 34104
Project Name: Land Acquisition
Project No: CD -09 09 Payment Request #
Dollar Amount Requested:
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
2. Sum of Past Claims Paid on this Account
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
4. Amount of Previous Unpaid Requests
5. Amount of Today's Request
6. Current Grant Balance (Initial Grant Amount
Awarded Less Sum of all requests) $
560.740.00
I certify that this request for payment has been drawn in accordance with the terms and
conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT. I also
certify that the amount of the Request for Payment is not in excess of current needs.
Signature
Title
Authorizing Grant Coordinator
Date
Supervisor (approval authority under $14,999)
Dept Director
2009 CDBG (CD09-09)
Boys & Girls Club of Collier County
Land Acquisition Page 25 of 29
(approval required $15,000 and above)
SCHEDULE "D -la"
RELEASE AND AFFIDAVIT FORM
The SUBRECIPIENT certifies for itself and its subcontractors, material -men, successors
and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for
which COUNTY might be sued or for which a lien or a demand against any payment bond might
be filed, have been satisfied and paid.
This Release and Affidavit is given in connection with the SUBRECIPIENT's
(monthly/final) Request for Payment.
Witness:
:•
Print name and title
STATE OF
COUNTY OF
SUBRECIPIENT
BY:
ITS:
DATE:
President
The foregoing instrument was acknowledged before me this day of
2009, by as
or Corporation or
Municipality
of A Choose Not -For -Profit,
Municipality on behalf of Choose Not -For -Profit, Corporation or
He/She is personally known to me OR has produced
as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
2009 CDBG (CD09-09)
Boys & Girls Club of Collier County
Land Acquisition
Page 26 of 29
(Signature)
Name:
(Legibly Printed)
Notary Public, State of.
Commission No.:
SCHEDULE "D-2"
CDBG MONTHLY PROGRESS REPORT
Complete form./or past month and submit to Housing &Human Service's staff by the
le of the following month.
Status Report for Month of
Project Name Land Acquisition
ubmittal Date:
Project Number CD09-09 Activity Number 341
Subrecipient: The Boys & Girls Club of Collier County
Contact Person Mary Boyce Johnson Threasa Miller or Cormac Giblin
Telephone: 239-325-1700 Fax: 239-430-1573
E-mail: mbiohnsongbeccc com
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.
5. Identify any potential issues that may cause delay.
New contracts executed this month (if applicable):
2009 CDBG (CD09-09)
Boys & Girls Club of Collier County
Land Acquisition Page 27 of 29
Name of Contractor or
Subcontractor, Address & Phone
Number
Amount of
Contract
Contractor
Federal ID
Number
Race
(see definitions
on following
page)
Ethnicity
(see definitions
on following
page)
Total Number of
Extremely
Very
Low Income
Female Head of
Households or
Low Income
Low Income
(51-80%)
Household
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.
FEMALE HEAD OF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income. Enter
,1 1 1, <<s„
BOX 1
BOX 2
BOX 3
BOX 4
BOX 5
Total Number of
Extremely
Very
Low Income
Female Head of
Households or
Low Income
Low Income
(51-80%)
Household
Persons Assisted
(0-30%)
(31-50%)
I
i
2009 CDBG (CD09-09)
Boys & Girls Club of Collier County
Land Acquisition Page 28 of 29
Subrecipient's must indicate total beneficiaries for Race AND Ethnicity
Definitions of Race:
White: A person having origins in any of the original peoples of Europe, the Middle East, or
North Africa.
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.
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.
Native Hawaiian or Other Pacific Islander: A person having origins in any of the original
people of Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
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 Ethnicity Beneficiaries
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
TOTAL:
2009 CDBG (CD09-09)
Boys & Girls Club of Collier County
Land Acquisition Page 29 of 29