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Backup Documents 04/13/2004 RBCC REGULAR MEETING APRIL 13, 2004 04/14/2004 16:47 2392634864 NAPLESDAILY PAGE 02/04 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier. Before the undersigned they serve as the authority, personally appeared $,g+ ,k, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distrrbuted io CoMer and 1= counties of Florida; that the attached copy of the advertising, being a Pi TI?LTC_NOTICE in the shatter of Public Notice as published in said newspaper 1 time in the issue on April 11 th, 2004 Affwtt ferther sews that the said Naples gaily News is a ocwapaper published at Naplcs. in said Collier County, Florida, and that the said nompaper has heretofore been continuously publinhod in said Collies Co a ty. Florida; disc iWad in Collier and Lee cotutiies of FMtidL each day and has been entered as second d ane mail MOW at the post office in Napim in said Collier Canty, Florida, for a period of l year next preceding the Am publication of the attached copy of adveTusexaent; sad alTiaut fiudw says that he has neither paid nor promised any ,person, firm or Corporation MW diseoattt, netudc, commission or refund for the putposc of assuring this ad.cniseraM fur publitm lon in the said newspaper. (( Stature of afftant) Sworn to and subscribed before me This 12th day of April ,2004 l (Signature of notary public) hlortiett Bul" � ! rye * - w COMMISSION R 11D— 0 t?tES [ auly 24, 2007 aouatE 1MW r .oV FAIN INWRANCE Mr- r � HIMi ,res4bd Ih �1gIi�I � �.. � r 130>>, :. �oFm�y Ct�mm�ir;�, ��,'� bh 11h91.1'f .CM C13f`�YC�t` �t�d Yr1', Mdr fi' 'g; B ti:iTti:; 6tlFt:{R ' p tllbt� tti �1'rtt •y ':• IritArM at .#te:-Collier Counter .gavalWord .'Ins, Ve �s:e:�iC>I�:�: welbl�p!slipart�e, term • tkt�.t�oto' Cfiaraiyoj y 41t� err ft'1ia let, �"'19de�'V�fY � dvall ilel`�aarrtn:�, ," �VQ,ttjjjjbjW .yt�.mlal�tes; MtFllcrt Melly �a C1�t1�9 Io>rrd 4thw r tSrslblio f�'t# oug1,W ttiir t c#ws?1�r Ylf tfp tFle IOI'►alAticffi . r COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS IA--, AGENDA April 13, 2004 9:00 a.m. Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice - Chairman, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003 -539 AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. Page 1 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and /or adopted with changes -5 /0 B. March 9, 2004 - BCC Regular Meeting Approved as presented -5 /0 C. March 10, 2004 - BCC Regular Continued from March 9, 2004 Approved as presented -5 /0 D. March 12, 2004 - CRA Meeting Approved as presented -5/0 E. March 15, 2004 - BCC /Stormwater Workshop Approved as presented -5 /0 F. March 16, 2004 - BCC /Boathouse Workshop Approved as presented -5/0 G. March 17, 2004 - BCC /District 4 Townhall Meeting Approved as presented -5/0 H. March 23, 2004 - BCC /Regular Approved as presented -5 /0 Page 2 I. April 1, 2004 - BCC /District 1 Town Hall Meeting Approved as presented -5/0 3. SERVICE AWARDS 4. PROCLAMATIONS A. The Greater Naples Chamber of Commerce, in cooperation with the Naples Daily News, Sprint, and Comcast is celebrating "Distinguished Public Services Awards Day ". To be accepted by Brenda Borchardt, Vice President for The Greater Naples Chamber of Commerce Programs. Adopted -5 /0 B. Proclamation to recognize the month of April as National Fair Housing Month in Collier County. To be accepted by Candace Tapscott, Director, U.S. Department of Housing and Urban Development. Adopted -5/0 5. PRESENTATIONS Withdrawn A. This item to be heard at 9:30 a.m. Regional Director Amelio Vazquez extending greetings from Senator Bill Nelson. 6. PUBLIC PETITIONS A. Public Petition Request by Douglas Wilcox to discuss the Public Vehicle Advisory Committee Ordinance. Petitioner advised to work the Public Vehicle Advisory Committee regarding this issue - Consensus B. Public Petition Request by Kurt Potter to discuss an amendment to Collier County COPCN Ordinance 2004 -12. Motion to be bring back and place on the May 11, 2004 BCC Agenda - Approved C. Public Petition request by Lynda Flynn to discuss providing seating area at public beach access on Vanderbilt Beach. Page 3 Commissioners advised petitioner to discuss this item with the Vanderbilt Beach MSTU Advisory Board and the Transportation Department- Consensus 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 1:00 p.m. A Resolution by the Board of County Commissioners of Collier County, Florida, approving the Collier County Second Amended Consolidated Plan One -Year Action Plan for Fiscal Year 2002 -2003 for Community Development Block Grants (CDBG) funding, authorizing necessary certifications, approving execution of CDBG sub - recipient agreements by Community Development and Environmental Services (ODES) Division Administrator, authorizing submission to the United States Department of Housing and Urban Development (HUD), and providing for an effective date. Resolution 2004 -111— Adopted -5/0 B. This item to be heard following Item #8A (1:00 p.m.) A Resolution by the Board of County Commissioners of Collier County, Florida, approving the Fiscal Year 2004 -2005 Collier County Consolidated Plan One -Year Action Plan, for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) programs, authorizing necessary certifications, approving execution of CDBG sub - recipient agreements by CDES Division Administrator, authorizing submission to the United States Department of Housing and Urban Development, and providing for an effective date. Resolution 2004 -112 — Adopted -5/0 C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition RZ- 2003 -AR- 3973 Amerisite LLC, represented by Terrance Kepple of Kepple Engineering, Inc., requesting a rezone from the "A" Rural Agricultural zoning district to the "C- 3" zoning district, for property located at Collier Boulevard (east side) 1/4 mile north of Rattlesnake Hammock Road, in Section 14, Township 50 South, Range 26 east, Collier County, Florida, consisting of 9.24 acres. Ordinance 2004 -23 Adopted w /CCPC stipulations -5/0 Page 4 D. Recommend this item to be continued to the April 27, 2004 BCC Meeting. Petition for the establishment of the VeronaWalk Community Development District. Continued to April 27, 2004 meeting — Approved -5 /0 E. This item continued from the March 23, 2004 BCC Agenda. An Ordinance of the Board of County Commissioners of Collier County, Florida, Amending Ordinance No. 2003 -61 and No. 2003 -62 to Clarify the Effective Date Provisions of Those Ordinances; and Amending Chapter 49 of the Code of Laws and Ordinances, As Created by Ordinance Nos. 2003- 61 & 2003 -62, By Amending Sections 49- 25 and 49 -45, Respectively, Pertaining to Program Eligibility Criteria; Providing for Conflict and Severability; Providing for Inclusion in Code of Laws and Ordinances; and Providing for an Effective Date. An amendment to amend the geographic boundaries of the previously approved Ordinance. Ordinance 2004 -24 — Adopted -5/0 F. This item continued from the March 23, 2004 BCC Aizenda. Adoption of an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 2003 -63, the Immokalee Residential Impact Fee Deferral Program, to clarify the effective date provisions. An amendment to amend the geographic boundaries of the previously approved Ordinance. Ordinance 2004 -25 — Adopted -5/0 G. Recommend this item to be continued to the April 27, 2004 BCC Meetin . A Public Hearing to Consider an Application submitted by Naples Community Hospital to the Board of County Commissioners for the Issuance of a Certificate of Public Convenience and Necessity to Provide Transportation Services for the Inter - facility Transfer of Post Hospital Patients. Continued to April 27, 2004 — Approved -5 /0 Moved from Item #17A H. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ- 2003 -AR -3584, Robert Duane of Hole Montes Inc., of Naples, representing Collier County Public Schools, requesting a rezone from PUD to PUD for the purpose of amending the Orangetree PUD text, (Ordinance number 91 -43) to include Page 5 "Public Educational Plants and Ancillary Plants" as a permitted use to the "Agriculture" (AG) district of the PUD. Continued to May 11, 2004 — Approved -5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Affordable Housing Commission Resolution 2004 -103 re- appointing W. Jeffrey Cecil and appointing Robert Guididas and Ordinance requirements to be waived — Adopted - 5/0 B. Appointment of member to the County Government Productivity Committee Resolution 2004 -104 appointing Matthew Hudson — Adopted -5/0 C. Appointment of members to the Animal Services Advisory Board Resolution 2004 -105 appointing Thomas Kepp, Jr. as Humane Society of Collier County representative; David Estes as Law Enforcement representative; Dr. Randall Eisel as Vet or Vet Tech representative; Susan Weiss as Pet Retail representative; Linda Kramer as Animal Activist Group; and Karen Acquard and Jennifer Hawke as At Large representatives — Adopted -5 /0 D. Appointment of member to the Collier County Planning Commission Resolution 2004 -106 appointing Robert Vigliotti — Adopted -5 /0 E. Appointment of member to the Black Affairs Advisory Board Resolution 2004 -107 appointing Peter Herard — Adopted -5/0 F. Appointment of members to the Environmental Advisory Council Resolution 2004 -108 appointing Michael Bauer — Adopted 5/0 and Judith Hushon — Adopted -3/2 (Commissioners Coletta and Fiala opposed) G. Appointment of members to the Tourist Development Council Resolution 2004 -109 Douglas House as Owner /Operator — Adopted -4 /1 (Commissioner Henning opposed) and Murray Hendel as Non - Owner /Operator — Adopted 5/0 Staff to provide a report regarding alternate members for Advisory Boards. Page 6 10. COUNTY MANAGER'S REPORT A. Approve Tourist Development Category "A" 10 -Year Expense and Revenue Projections Direct staff to come back with revised budget at next BCC Meeting- Consensus B. Approve four Tourist Development Category "A" Grant Applications submitted by the Parks & Recreation Department for Beach Park facilities for Fiscal Year 2005 in the total amount of $307,000. Approved -5/0 C. Make a determination if Hideaway Beach is an eligible Category A project for the use of TDC funds based on the current approved BCC policy, dated December 16, 2003. Then approve or deny a TDC Category "A" Grant Application requested by the City of Marco Island for the Renourishment and Replacement of Temporary T- Groins on Hideaway Beach, Project 90502, in the Amount of $4,457,000. One time cost of $2.5M to stabilize the beach with T- Groins from TDC Funds and then 50/50 cost sharing with special taxing district for renourishment of Hideaway Beach — Approved -4 /1 (Henning opposed) D. Approve The Denial Of Two Tourist Development Category "A" Grant Applications submitted by the City of Naples for Monitoring Of T- Groins and Turtle Monitoring at Gordon Pass for Fiscal Years 2004 and 2005 In The Amount Of $59,964. Motion to fund monitoring to close -out program — Approved -5/0 E. This item to be heard after 4:00 p.m. Approve an Interlocal Agreement between Collier County and the City of Naples indicating that Collier County will withdraw its appeal to object to the City's proposed Comprehensive Plan Amendment regarding overpasses and that the City shall not object to its construction; Project No. 60027 -C; No Fiscal Impact To be continued to the April 27, 2004 BCC Meeting F. This item to be heard after 4:00 p.m. Authorize the Purchasing Department to advertise bids for the construction of the grade separated overpass at Airport- Pulling Road and Golden Gate Parkway; Project No. 60027 -C; Fiscal Impact $500.00 Page 7 Approved -4 /1 (Commissioner Coyle opposed) G. This item to be heard at 3:00 p.m. Conducting the Conservation Collier annual public meeting to provide an update on the program's past activities and to provide direction to staff for implementing a future outreach strategy, for soliciting proposals and applications, and for identifying a finance strategy. Approved -5/0 H. Recommendation to approve a resolution pursuant to Section 112.061(14), Florida Statutes, adopting the federal schedule for travel reimbursement rates for subsistence and mileage for County employees who are traveling on County business. Resolution 2004 -110 — Adopted -5/0 I. This item to be heard at 3:30 p.m. (This is a companion to Item #10j) Item required to be on Regular Agenda per previous Board direction. Request to approve for recording the final plat of "Horse Creek Estates ", formerly known as "Little Palm Island ", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. (This is a companion to Item IOJ) Approved -5/0 J. This item to be heard immediately following Item #10I at 3:30 p.m. Petition AVESMT2003- AR5088 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the Utility Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 637, Page 857, and all of the Drainage Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 2248, Pages 1057 through 1058, Public Records of Collier County, Florida. Located in Section 23, Township 48 South, Range 25 East. (This is a companion item to Item 10I) Resolution 2004 -113 Adopted -5/0 Added K. Board of County Commissioners to accept the donation of a 32 -foot Regal boat reportedly appraised at $60,000 from Robert and Betty Southwick to the Board of County Commissioners as Ex- Officio the Governing Board of the Isles of Capri Fire Rescue District and to authorize the signing of an 8283 Tax Form by Chief Rodriguez in acknowledgement of the donation. (Staff request) Approved -5/0 Moved from Item #16A7 L. Direct staff to revise the Littoral Shelf Standards of the LDC to clearly indicate that non - functioning Littoral Shelves shall meet the listed criteria identified in the LDC. (Commissioner Henning request.) Approved -5/0 Added M. Adopt Resolution opposing proposed House Bill 1237 and Senate Bill 2322 related to unjustified and unnecessary elimination of all authority of all Florida local governments STO charge application fees, transfer fees, siting fees, renewal fees and claims for reimbursement of the local government's out -of- pocket expenses against dealers of communications services, including cable television companies. (Staff request.) Resolution 2004 -114 — Adopted -3 /0 (Commissioners Coletta and Henning out) 11. PUBLIC COMMENTS ON GENERAL TOPICS A. William Klohn re Cypress Glen PUD Building Setback Problem Conditional Building Permit to be issued at Petitioners own risk and Petitioner to come back through the variance process. B. Ken Thompson re various public remarks. C. Bob Krasowski re an update on zero waste 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS County Manager Mudd indicated that Mr. A.C. Hancock passed away. County Manager Mudd indicate the hours of County Government Days at Coastland Mall on Friday, April 16th and Saturday, April 17th. Page 9 Commissioner Coletta to have a Townhall meeting on April 19th at Corkscrew Middle School and on April 291h the Waterways Association will have a meeting regarding the new high school at Corkscrew Middle School ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------ - - - - -- Approved and/or adopted with changes 510 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to approve for recording the final plat of "Bradford Lakes" AR 4091, and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Approved w /stipulations 2) Request to approve for recording the final plat of "Mustang Island II" AR -3811, and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Approved w /stipulations 3) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Naples Lakes Country Club ". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. Resolution 2004 -96 4) To accept Assignment Agreement for the water and sewer facilities easements for Fiddler's Creek, Lake 88. 5) To have the Board of County Commissioners set a public hearing date on May 11, 2004 for consideration of the abandonment of the Development Order as specified in petition DRIABN -03 -AR -4987, the Twelve Lakes Development of Regional Impact (DRI) for Page 10 property located on the north side of Davis Boulevard (SR -84) and the south side of Radio Road (CR -856) in Section 4, Township 50 south, Range 26 east, Collier County, Florida. Hearing to be set for May 11, 2004 6) Proposed Amendment to Resolution 2004 -17, establishing a fee schedule of development related review, and processing fees including: as provided for in division 1.10 of the Collier County Land Development Code: superceding Resolution No. 2004 -17, and providing for an effective date. (Staff request.) Resolution 2004 -97 Moved to Item #10L 7) Direct Staff to revise the Littoral Shelf Standards of the LDC to clearly indicate that nonfunctioning Littoral Shelves shall meet the listed criteria identified in the LDC. (Commissoner Henning request.) 8) To accept Assignment Agreement for water and sewer facilities easements for Fiddler's Creek, Phase 3, Unit 2 aka Sandpiper Drive. 9) Request to approve for recording the final plat of "Independence Phase One ", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Approved w /stipulations 10) Request to approve for recording the final plat of "Fiddler's Creek Phase Four, Unit One ", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Approved with stipulations 11) Final Acceptance Of Water Utility Facilities for First Baptist Church, Phase 1 -A & 1 -B. B. TRANSPORTATION SERVICES 1) Approve award of a construction contract with John Carlo, Inc. for intersection improvements in the amount of $507,543.69 on Golden Page 11 Gate Parkway at Sunshine Boulevard, Bid No. 04 -3619. 2) Award a construction contract in the amount of $1,860,563.00 to Douglas N. Higgins, Inc. and allocate $186,000.00 (10% of the construction cost) for contingency purposes to construct the proposed 13th street SW road project, Golden Gate Boulevard to 16th Avenue SW, Project No. 69068, Bid No. 04 -3625. 3) Approve a budget amendment to shift $1,105,000.00 between budgeted projects for a mid -year adjustment to the Stormwater Capital Improvement program. 4) Request the Board to accept donated trees from the Bonita Bay Group for landscaping on Livingston Road. 5) Request the Board approve an agreement which gives donated plants to homeowners for use as road buffering and general beautification along Vanderbilt Beach Road. 6) Award work order no. UC -004 to Kyle Construction Inc., for the Immokalee Fifth Street ditch project (project no. 51725) in the amount of $371,856.59 and accept a temporary construction license. 7) Award bid #04 -3622, Rattlesnake Hammock Road (CR 864) landscape construction improvement project (US 41 to East Polly Avenue) landscape improvement project to Hannula Landscaping, Inc. in the amount of $489,897.76. 8) Approve the Chairman to enter into a landscaping installation and maintenance highway agreement with the Florida Department of Transportation (FDOT) within the unincorporated area of Collier County, Florida for SR 93/I75 at Golden Gate. Resolution 2004 -98 9) That the Board issue a Resolution approving and authorizing the Chairman to sign a highway landscaping installation and maintenance agreement with the Florida Department of Transportation(FDOT) for landscape development improvement for a portion of the I -75 /Pine Road Interchange. Page 12 Resolution 2004 -99 10) That the Board issue a Resolution approving and authorizing the Chairman to sign a highway landscaping installation and maintenance agreement with the Florida Department of Transportation (FDOT) for landscape development improvements within the unpaved areas within the right -of -way of US41 E /SR 45 from Rattlesnake Hammock Road to St. Andrews Boulevard. Resolution 2004 -100 11) Award bid #04 -3627, Airport Pulling Road north median landscape installation improvement project to Hannula Landscaping, Inc. in the amount of $510,605.66. 12) Award bid #04 -3623, Pine Ridge Road (CR896) median landscape improvement construction project to Hannula Landscaping, Inc. in the amount of $621,509.35. C. PUBLIC UTILITIES 1) Amend Work Order CAR- FT -04 -01 to Carollo Engineers for Engineering Services related to SCADA and Control Network Upgrades at the North County Regional Water Treatment Plant in the amount of $539,113. 2) Approve funding related to upgrading the flow metering system at the South County Regional Water Treatment Plant, in the amount of $300,000, Project 71021. 3) Approve Change Order 8 (Final) to the Design Build Contract with Metcalf & Eddy, Inc., for Additional Reverse Osmosis Raw Water Supply Wells and In -Plant Modifications for the North County Regional Water Treatment Plant, Projects 70075 and 70094, in the deduct amount of $40,983. 4) Approve a Budget Amendment and an Engineering Services Work Order under Contract # 00 -3119, Fixed -Term Professional Utility Engineering Services, with Malcolm Pirnie, Inc., to conduct a Feasibility Study for design of a Material Recovery Facility, Project Page 13 59002, in the amount of $163,200. 5) Approve a Work Order, under contract # 01 -3271, Fixed Term Professional Engineering Services for Coastal Zone Management, with Humiston & Moore Engineers, Inc. for The Annual Monitoring of Wiggins Pass, project 90001, in the amount of $26,000. 6) Approve amendment to professional services agreement with Water Resource Solutions related to Aquifer Storage and Recovery of Reclaimed Water, RFP 99 -2926, Project 74030. 7) Approve emergency work orders and associated budget amendment for the repair of Injection Well No. 1 at the North Regional Water Treatment Plant in the amount of $1,150,350 for Project Number 71041. 8) Approval to transfer funds in the amount of $48,700 from Water Pollution Control Fund (114) to miscellaneous grants fund (116) and to recognize revenue for the Golden Gate Groundwater Baseline Monitoring Program Contract C -15055 with the South Florida Water Management District Big Cypress Basin for miscellaneous grants fund (116) in the amount of $48,700. 9) Award bid # 04 -3577 to Professional Services Industries, Inc. for the Golden Gate Groundwater Baseline Monitoring Program and approve the associated budget amendment in the amount of $60,645. 10) Approve a Work Order, under Contract # 01 -3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston & Moore Engineers, Inc. for the annual monitoring of Hideaway Beach and T- Groins 2004, Project 90540, in the amount of up to $87,000; approve a Budget Amendment to move funds which were placed in the wrong project number to this Project 90540, in the amount of $95,000. 11) Authorize Finalization of Negotiations and approval by the Public Utilities Administrator of an engineering services work order under contract # 01 -3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Coastal Planning & Engineering Inc. for Annual Monitoring of the County and Naples Page 14 Beaches Major Renourishment (Project 90536) in an amount not to exceed $75,000. D. PUBLIC SERVICES 1) Approval of real estate incentives to aid the purchase of property for beach and boat access. 2) Approve the Summer Food Service Program Grant in the Amount of $462,000 3) Direct staff not to pursue a feasibility study of the Wiggins Pass Marina property. E. ADMINISTRATIVE SERVICES 1) Declaration of public purpose for the expenditure of up to $500 toward co- sponsorship of the Naples Town Hall Meeting on Healthcare Solutions. 2) Approval of the Collier County Group Health and Flexible Reimbursement Insurance Plan Document effective January 1, 2004. 3) Report and Ratify Staff - Approved Change Orders and Changes to Work Orders to Board - Approved Contracts. Period covers February 23, 2004 through February 30, 2004 4) Report to the Board Of County Commissioners concerning the sale and transfer of items associated with the County Surplus Auction of March 13, 2004, resulting in $315,803.00 in net revenue. 5) Approve a budget amendment in the amount of $400,000, Project 500281 (Installation of GIS Conduit) F. COUNTY MANAGER 1) Recommendation that the Board of County Commissioners Award Bid #04 -3632 for Horticulture Debris Hauling Disposal in Pelican Bay to Wherry Truck Lines, Inc. Page 15 2) Board of County Commissioners authorization for the Clerk of the Circuit court to pay invoice number 16122 in the amount of $3,264.86 to Kelley Swafford & Roy for services received while tourism was under contract with the Tourism Alliance of Collier County and to find that those services served a public purpose by promoting tourism in Collier County 3) Approve Tourist Development Category "A" Grant Applications For Beach Renourishment and Maintenance For Fiscal Year 2005 In The Amount Of $687,400 4) Approve two Tourist Development Category "A" Grant applications and a budget amendment submitted by the Parks & Recreation Department for Beach Cleaning 2004 in the amount Of $155,600. 5) Approve Three TDC Category "A" Grant applications for the renourishment of Vanderbilt, Pelican Bay, Park Shore and Naples Beaches in the amount of $14,450,000 6) Approve two Tourist Development Category "A" Grant Applications from the City of Naples, approve a budget amendment and approve a standard tourism agreement for beach cleaning for Fiscal Years 2004 and 2005 in the amount of $179,804. 7) Recommendation that the Board of County Commissioners Award Bid #04 -3613 for Pelican Bay— Gulf Park and Oakmont Irrigation Installation to Collier Irrigation, Inc. and approve the necessary Budget Amendment. In the amount of $197,027.50 8) Approve Isles of Capri Fire and Rescue District's application for a matching (50150) grant offered by the Florida Division of Forestry in the amount of $3,157 and approve the necessary budget amendments to recognize and appropriate the revenue if funds are awarded. 9) Approve the Ochopee Fire Control District's application for a matching (50150) Grant offered by the Florida Division of Forestry in the amount of $2785.00 and approve the necessary Budget Amendments to recognize and appropriate revenue. Page 16 10) Approval of Budget Amendment Report - BA #04 -171 in the amount of $20,000 for structural repair of 30% of the boat slips at Cocohatchee Park; and BA #04 -173 in the amount of $49,500 to pay for increase to the contract for the Goodlette Road project. 11) Recommendation that the Board of County Commissioners approve the Consent to Use Agreement between the Pelican Bay Foundation, Inc. and Collier County for a portion of the Water Management Easement located on Parcel B, Pelican Bay Unit Sixteen. G. AIRPORT AUTHORITY 1) Approve a budget amendment to increase both the purchase of fuel and the sale of fuel at Marco Island Airport in the amount of $169,100. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coletta is requesting approval for payment to attend a function serving a valid public purpose for the Collier County Medical Society's Annual Meeting and Installation of Officers for 2004 -2005, as he has been invited to be a speaker at this event. To be held at the Registry on May 8th in the amount of $50.00 2) A Resolution of the Board of County Commissioners to extend the term of the Community Character /Smart Growth Advisory Committee. Resolution 2004 -101 I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to File for Record with Action as Directed. J. OTHER CONSTITUTIONAL OFFICERS 1) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. Detailed reports of open purchase orders are available for Page 17 review in the County Manager's office. March 1 through March 31, 2004 K. COUNTY ATTORNEY 1) Authorize the Making of an Offer of Judgment to Respondent, Nancy L. Johnson Perry, Successor- Trustee of the Dorothy L. Johnson Revocable Inter Vivos Trust under Agreement dated June 11, 1998, for Parcels 136, 836 and 936 in the Amount of $29,520.00 in the Lawsuit Styled Collier County v. David J. Frey, et al., Case No. 03- 2353-CA (Golden Gate Parkway Project #60027). 2) Approve the Stipulated Order of Taking and Final Judgment Relative to the Acquisition of Parcels 159 and 160 in the Lawsuit Styled Collier County v. Anthony DiNorcia, Jr., et al. Vanderbilt Beach Road Project #63051. Direct payment of $100 service fee to Clerk of Courts 3) Approve the Stipulated Final Judgment Relative to the Acquisition of Parcels 137, 7371 837 and 937 in the Lawsuit Styled Collier County v. Helen Twitty, et al., Case No. 03- 2284 -CA (Golden Gate Parkway Project #60027). Direct payment of $100 service fee to Clerk of Courts and staff to deposit the sum of $6300 into the Court Registry 4) Authorize the making of an Offer of Judgment to Respondent Edith G. Street for Respondent's undivided one -half interest in Parcel No. 159A in the amount of $10,000.00 in the lawsuit styled Collier County v. Andy R. Morgan, et al., Case No. 02- 5169 -CA (Immokalee Road Project #60018). 5) Approve the Stipulated Final Judgment relative to the acquisition of Parcel 196 in the lawsuit styled Collier County v. Robert W. Pieplow, et al., Case No. 02- 2133 -CA (Immokalee Road Project # 60018). 6) Authorize the making of an Offer of Judgment to Respondents Jimmie L. Rogers and Betty L. Rogers for the fee taking of Parcel No. 200 in the amount of $74,800.00 in the lawsuit styled Collier County v. Jeffrey A. Richardson, et al., Case No. 02- 2188 -CA (Immokalee Road Page 18 Project #60018). 7) Approve the Mediated Settlement Agreement as to Parcels 151 and 152 in the lawsuit styled Collier County v. John F. Sudal, et al., Case No. 02- 5168 -CA (Immokalee Road Project 60018). 8) Authorize the making of an Offer of Judgment to Respondent James S. Gran for the acquisition of Parcel No. 167 in the amount of $7,500.00 in the lawsuit styled Collier County v. Thomas F. Salzman, et al., Case No. 03- 2550 -CA (Golden Gate Parkway Project #60027). 9) Approve the Stipulated Final Judgment Relative to the Easement Acquisition of Parcel 326 in the Lawsuit styled Collier County v. Agnaldo DeLima, et al., (Golden Gate Boulevard Project (Project #63041). Direct payment of $100 service fee to Clerk of Courts and staff to deposit the sum of $1100 into the Court Registry 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. Moved to Item #8H A. This item requires that all participants be sworn in and ex Darte disclosure be provided by Commission members. PUDZ- 2003 -AR -3584, Robert Duane of Hole Montes Inc., of Naples, representing Collier County Public Schools, requesting a rezone from PUD to PUD for the purpose of amending the Orangetree PUD text, (Ordinance number 91 -43) to include "Public Educational Plants and Ancillary Plants" as a permitted use to the Page 19 "Agriculture" (AG) district of the PUD. B. SE -03 -AR -3766, an Ordinance amending Ordinance 02 -43, the Balmoral PUD to correct a scrivener's error in Section 1.2 — Legal Description of the Ordinance to the Balmoral PUD for property that is located on the east side of Livingston Road (C.R. 881) and the west side of Whippoorwill Lane, in Section 8, Township 49 south, Range 26 east, Collier County, Florida. Ordinance 2004 -22 C. Adopt a Resolution authorizing a change in format to Water and Wastewater Schedule Two of Appendix A, Ordinance 2001 -13 in order to provide clarity and consistency in the assessment of residential water and wastewater impact fees; authorizing the inclusion of the Equivalent Residential Connection (ERC) value range for a one and a half inch (1.5 ") water meter in order to correct a scrivener's error; authorizing the repeal of Resolution No. 2003 -93 and Resolution No. 2003 -300. Resolution 2004 -102 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383. Page 20 2a AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING April 13, 2004 Withdraw Item 5A Regional Director Amelio Vazquez extending greetings from Senator Bill Nelson. (Petitioner request.) Add Item 10K: Board of County Commissioners to accept the donation of a 32- foot Regal boat reportedly appraised at $60,000 from Robert and Betty Southwick to the Board of County Commissioners as Ex- Officio the Governing Board of the Isles of Capri Fire Rescue District and to authorize the signing of an 8283 Tax Form by Chief Rodriguez in acknowledgement of the donation. (Staff request.) Add Item 10M: Adopt Resolution opposing proposed House Bill 1237 and Senate Bill 2322 related to unjustified and unnecessary elimination of all authority of all Florida local governments STO charge application fees, transfer fees, siting fees, renewal fees and claims for reimbursement of the local government's out -of- pocket expenses against dealers of communications services, including cable television companies. (Staff request.) Clarification of Item MAW A resolution of the Board of County Commissioners of Collier County, Florida, establishing a fee schedule of development related review and processing fees including: providing for new and revised building permit, inspection, and land use petition fees: as provided for in Division 1.10 of the Collier County Land Development Code: superseding Resolution No. 2004 -17, and providing for an effective date. (Staff request.) Move Item 16(A)7 to 10L: Direct staff to revise the Littoral Shelf Standards of the LDC to clearly indicate that non - functioning Littoral Shelves shall meet the listed criteria identified in the LDC. (Commissioner Henning request.) Clarification of Item 16(F)7: The total bid award (Bid #04 -3613) amounts to $197,027.50. Funding for the bid award is from existing appropriations in the Pelican Bay Capital Improvement Program Fund (322). The principal funding source in this fund is special assessments levied solely on property owners within the boundaries of the Municipal Services Taxing and Benefit Unit (MSTBU), Item 16(F)8 should read: Approve Isles of Capri Fire and Rescue District's application for a matching (50/50) grant offered to the Florida Division of Forestry in the amount of $3,157 (rather than $3,156) and approve the necessary budget amendments to recognize and appropriate the revenue if funds are awarded. (Staff request.) Move Item 17A to 8H: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ- 2003 -AR -3584, Robert Duane of Hole Montes, Inc., of Naples, representing Collier County Public Schools, requesting a rezone from PUD to PUD for the purpose of amending the Orangetree PUD text, (Ordinance number 91-43) to include "Public Educational Plants and Ancillary Plants" as a permitted use to the "Agriculture" (AG) district of the PUD. (Commissioner Coletta request.) 2A Time Certain Items Item 8A to be heard at 1:00 p.m. A Resolution by the BCC approving the Collier County Second Amended Consolidated Plan One -Year Action Plan for Fiscal Year 2002 -2003 for Community Development Block Grants (CDBG) funding, authorizing necessary certifications, approving execution of CDBG sub - recipient agreements by CDES Division Administrator, authorizing submission to the US Department of Housing and Urban Development and providing for an effective date. Item 8B to be heard following 8A 0:00 p.m.) A Resolution by the BCC approving the Fiscal Year 2004 -2005 Collier County Consolidated Plan One -Year Action Plan for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME) AND Emergency Shelter Grant (ESG) programs, authorizing necessary certifications, approving execution of CDBG sub - recipient agreements by CDES Division Administrator, authorizing submission to the US Department of Housing and Urban Development, and providing for an effective date. Item 10E to be heard after 4:00 p.m. Approve an Interlocal Agreement between Collier County and the City of Naples indicating that Collier will withdraw its appeal to object to the City's proposed Comprehensive Plan Amendment regarding overpasses and that the City shall not object to its construction; Project No. 60027 -C. Item 10F to be heard after 4:00 p.m. Authorize the Purchasing Department to advertise bids for the construction of the grade separated overpass at Airport- Pulling Road and Golden Gate Parkway; Project No. 60027 -C; Item 101 to be heard at 3:30 p.m. (This is a companion to Item 10J.) Request to approve for recording the final plat of "Horse Creek Estates ", formerly known as "Little Palm Island ", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Item 10J to be heard immediately following 101 at 3:30 p.m. (This is a companion to Item 101.) Petition AVESMT2003- AR5088 to disclaim, renounce and vacate the County's and the public's interest in a portion of the Utility Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 637, Page 857, and all of the Drainage Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 2248, Pages 1057 through 1058, Public Records of Collier County, Florida. Located in Section 23, Township 48 South, Range 25 East. Item 10G to be heard at 3:00 p.m. Conducting the Conservation Collier annual public meeting to provide an update on the program's past activities and to provide direction to staff for implementing a future outreach strategy, for soliciting proposals and applications, and for identifying a finance strategy. PROCLAMATION A 41 WHEREAS, the greater Naples Chamber of Commerce, in cooperation with the Naples Daily News, Sprint, and Comcast is celebrating "Distinguished Public Services Awards Day'; and, WHEREAS, an individual from law enforcement, fire, and emergency services will be selected for this award based on achievement above the norm, and /or generous individual acts throughout the year; and, WHEREAS, these recipients will be awarded at a breakfast event on April 21", to be held at Kinney Hall in Naples; and, WHEREAS, nominations for News throe WHEREAS NOW be whey their DONE AND ORDERED ATTEST• '!'IHIT E. BROCK, CLE K solicited by The Naples Daily various department OES AWA employees w' committee. that April for BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA In CHAIRMAN PROCLAMATION 48 WHEREAS, in 24101 Collier County became an "Entitlement" recipient of Federal Funds from the U.S. Department of Housing and Urban Development (HUD) under the Community Development Block ,grant (CDB,g) Program, and, WHEREAS, in FY 24103 -2004 Collier County received Home Investment Partnership Act (HOME) funding and is scheduled to receive Emergency She /ter Grant (E.5,g) funding in FY 2004 -2005, and, WHEREAS, Collier County certified that it will positively further fair housing opportunities and will work to identify and remove impediments to fair housing choices; and, "NA in Collier County DONE AND ORDERED THIS 131w DAY OF APRIL 2004. 1:FST., iqHTF. BROOK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN MED- ASSURE 3751 Arnold Avenue, Suite C • Naples, Florida 34104 Ir Naples 239 -649 -0911 • Fax 239 - 649 -3258 $ Ft. Myers 239- 337 -2911 www.Med- Assure.net My name is Chris Potter and I represent Med - Assure Non Emergency Medical Transportation Service. We are a Collier County based, family owned and operated company. We opened our doors 3 years ago with 2 vans, operated by family members only and we have grown to 8 vans and 16 employees. I am here today to ask the Board to consider a change to County EMS Ordinance #2004 -12. The change I am proposing is the implementation of an additional classification in the COPCN Ordinance that would allow for BLS (Basic Life Support) in county transport and ALS out of county transport. Presently Collier County offers two alternatives for Medical Transportation - Advanced Life Support Emergency transportation and Non Emergency Transportation. The ALS service provides for those in emergency and life threatening situations while the Non Emergency service provides for those that need routine transport for everyday needs such as doctor visits. We see a need for an additional class of service which would benefit Collier County and it's residents. The additional class of service would provide the following benefits: • Transportation from local hospitals to facilities out of the county for those patients that are bed bound, or that require medical attention during transport, although they are not in an emergency type of situation. Currently these transports are being provided by services from other counties, which causes unnecessary delay in the provision of definitive medical treatment. Having vehicles in county to respond will expedite service to these residents. Also, these are revenues lost to Collier County. • During times of crisis, mass casualty or evacuation incidents, a BLS service would be able to transport slightly injured or stable patients, which would allow EMS to better utilize their resources. • A BLS service would provide experience to EMT's directly out of school, keeping them in the county and providing EMS with a larger pool of Safe, Reliable Non - Emergency Medical Transport experienced personnel to draw from. • Finally, and of utmost importance, the current structure actually denies access to available Medicare and insurance benefits to some of Collier County's residents. BLS transport is covered by Medicare benefits and insurance under certain circumstances, while non - emergent transport is never covered by Medicare and infrequently by insurance. There are residents who are unable to access their available benefits simply because our service does not hold the BLS designation. They are paying for these services out of their own pockets, while also paying for Medicare and insurance premiums, all while benefits are being denied. Why doesn't Collier County do these transports? Collier County is an EMERGENCY medical service, transporting patients TO the hospital for treatment. This service is non - emergent in nature, taking patients FROM the hospital and facilities who have already received treatment. The cost to the county to provide equipment and personnel for these types of services would be prohibitive. The Medicare BLS rate is considerably less than the emergency ALS rate. Why should the County allow this? Collier County should allow this so the residents of the county will have access to the services they need as well as access to all of the benefits that they have been granted under Medicare and insurance. Why Med- Assure? Med- Assure has proven that it is a professionally operated, reliable, safe transportation service. We are managed by experienced EMS professionals. I personally worked as a paramedic for 10 years before starting this company and my brother worked on staff at Vanderbilt University Medical Center for 4 years and as an EMT and Army Medic for 3 years prior to the start of our company. We are the only non - emergent service in Collier County that answers our phones 24 hours a day, 7 days a week and 365 days a year. What would change for Collier County? There will be little or no change for Collier County. These changes will not allow non - emergency transporters to provide services that would conflict with EMS. BLS is a different level of care and is not appropriate for emergency response. In no way do we intend to conflict with EMS emergency care and services. Date: To: From: Subject: F 8 A Memorandum February 18, 2004 Board of County Commissioners County Departments 1r,, Gary L. Young, HUD Grant Analyst' \ Financial Administration and Housing Consolidated Plan FY 2004 -2005 One -Year Action Plan Attached is the DRAFT of the Amended FY 2002 -2003 One -Year Action Plan. This Draft will be legally advertised on February 19, 2004. The proposed projects are scheduled to go before the Board of County Commissioners on April 13, 2004. We will collect these books shortly after that date so that we may include updated material and return them to you. PLEASE DO NOT DISCARD THESE BOOKS. If you have any questions or concerns, don't hesitate to contact me at 213 -2937. cc. file Collier County Financial Administration and Housing Community Development and Environmental Services Division g A .� DRAFT COLLIER COUNTY, FLORIDA CONSOLIDATED PLAN ONE -YEAR ACTION PLAN FY 2002 -2003 Adopted April 23, 2002 Amendments Proposed February 20, 2004 Proposed Adoption Date: April 13, 2004 Collier County Financial Administration and Housing Department 2800 North Horseshoe Drive, Suite 400 Naples, FL 34104 (239) 213 -2937 8A - A" . I i Table of Contents EXECUTIVE SUMMARY ....................................... ..............................1 CITIZEN PARTICIPATION PROCESS ............... ..............................3 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.. 3 AMENDMENT FY 01 -02 TIMELINE ................... ..............................3 ONE YEAR ACTION PLAN ................................... ..............................4 RESOURCES (FUNDING SOURCES) ................................................................. ............................... 5 IDENTIFIED NEEDS AND ACTIVITIES TO BE UNDERTAKEN WITH FEDERAL RESOURCES ................ 7 -- ACTIVITIES TO BE UNDERTAKEN ................................................................... ............................... 8 HUD PROPOSED PROJECT TABLES ........................................................ .............................13 GEOGRAPHIC LOCATION ............................................................................. ............................... 14 APPENDIX............................................................... .............................15 CITIZEN PARTICIPATION PLAN ............................................................. .............................16 NOTICES OF PUBLIC HEARING AND ADVERTISEMENTS ......................... .............................17 Consolidated Plan One -Year Action Plan FY 2002 -2003 Collier County, Florida P8 A EXECUTIVE SUMMARY Background On April 23, 2002 the Board of County Commissioners approved the Consolidated Plan One- Year Action Plan for FY 2002 -2003. Collier County is amending the FY 2002 -2003 plan due to the withdrawal of a project proposed for funding. The project was infrastructure improvements to the Bayshore /Gateway Triangle CRA. This project involved the installation of drainage piping and inlet structures along Linwood Avenue from Airport Pulling Road to Commercial Drive in the neighborhood, as well as installation of a safe sidewalk, separated from the roadway, — to be installed along Linwood Avenue to improve the safe mobility of the residents and provide the school children a safer walking route. Collier County is amending the FY 2002 -2003 Consolidated Plan One -Year Action Plan due to the availability of Community Development Block Grant (CDBG) funds previously allocated to the aforementioned project. An amendment to the Consolidated Plan One -Year Action Plan is -- required "whenever a Community Development Block Grant (CDBG) program activity is deleted or added, or when a change in purpose, scope, location, or beneficiary of an activity previously stated is changed, resulting in a reallocation of CDBG funds," according to the County's Consolidated Plan Citizen Participation Plan adopted on January 9, 2001. The Consolidated Plan (CP) is required by the U.S. Department of Housing and Urban — Development (HUD). The CP is a document, which is used to guide housing programs and non- housing community planning for fiscal year 2002 -2003. The goals of the CP are to: provide decent housing; provide a suitable living environment; and expand economic opportunities for very low, low and moderate - income persons. The Citizens Advisory Task Force (CATF) met on February 12, 2004 to review Amended Projects for CDBG funding and to propose projects to be included in the Amended One -Year Action Plan. The total funding allocation for FY 2002 -2003 was $2,259,000, and $329,046 has been reallocated. The projects receiving new or additional funding are: Copeland/Lee Cypress - Water Line Repair /Burial $ 200,000 Copeland/Lee Cypress — Streetlights $ 75,000 Copeland/Lee Cypress — Demolition and Clearance $ 54,046 - Total Reallocated Funds $ 329,046 Consolidated Plan One -Year Action Plan FY 2002 -2003 1 Collier County, Florida 8 A Following is the proposed use of funds for the FY 2002 -2003 Amended Plan: PROJECT TITLE/DESCRIPTION ORIGINAL AMOUNT BUDGETED AMENDED AMOUNT BUDGETED CHANGES Storm Drainage Improvements — Marco Island $250,000 $250,000 -0- Park Improvements - Naples $250,000 $250,000 -0- Down Payment Assistance — Countywide $100,000 $100,000 -0- Owner- Occupied Housing Rehabilitation Assistance $100,000 $100,000 -0- Affordable Housing — Infrastructure support — Immokalee $440,772 $440,772 -0- Storm Drainage Improvement — Gateway Triangle $329,046 -0- <$329,046> Affordable Housing — Site Preparation — Immokalee $239,550 $239,550 -0- Special Needs Housing — Rehabilitation Assistance $86,527 $86,527 -0- Street Lights — Iminokalee $60,000 $60,000 -0- Transitional Housing — Infrastructure support $32,140 $32,140 -0- Copeland/Lee Cypress - Water Line Repair/Burial -0- $200,000 $200,000 Copeland/Lee Cypress - Streetlights -0- $75,000 $75,000 Copeland/Lee Cypress — Demolition & Clearance -0- $54,046 $54,046 Fair Housing — Education & Outreach $5,000 $5,000 -0- Pro ram Planning and Administration 365 965 J3.65 965 -0- Grand Total $2,259,000 $2,259,000 -0- Consolidated Plan One -Year Action Plan FY 2002 -2003 2 "" Collier County, Florida - ` 8A r CITIZEN PARTICIPATION PROCESS The Amended One -Year Action Plan was developed following the County's Citizen Participation Plan adopted on January 9, 2001. While developing the Consolidated Plan FY 2002 -2003 Amended One -Year Action Plan, a timeline was also produced to demonstrate the activities that should occur during the Action Plan amendment process as follows: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AMENDMENT FY 02 -03 TIMELINE Task Date Citizens Advisory Task Force Meeting — Update Progress & Review Proposed Projects February 12, 2004 Availability of Amended FY 02 -03 Action Plan and 30 day public comment period (February 20 — March 20, 2004) Ad to run February 19, 2004 Distribute amended proposed FY 02 -03 Action Plan to various library locations February 17 -18, 2004 30 day Public Comment Period begins February 20, 2004 30 day Public Comment Period ends March 20, 2004 BCC review/approval of FY 02 -03 Amended Action Plan Aril 13, 2004 FY 02 -03 Amended Action Plan sent to HUD A ri123, 2004 Notice of the draft Amended One -Year Action Plan availability is published for a 30 -day public comment period on February 20, 2004. The advertisements are both in English and Spanish. The - notice is published in two newspapers (general circulation - Naples Daily News, and a local paper - Immokalee Bulletin). The draft plan is also available for public review in all county libraries as well as the County's Financial Administration and Housing Department. The public comment period is from February 20, 2004 - March 20, 2004. All comments from citizens will be considered in the preparation of the final FY 02 -03 Amended One -Year Action - Plan. Final action will be the adoption of the FY 02 -03 Amended Consolidated Plan One -Year Action Plan by the Board of County Commissioners at a Public hearing at the regularly scheduled Board of County Commissioners meeting on April 13, 2004. Consolidated Plan One -Year Action Plan FY 2002 -2003 3 Collier County, Florida fgA .4- ONE YEAR ACTION PLAN This Amended One -Year Action Plan provides details on the specific activities the County will undertake during the fiscal year 2002 -2003 to implement its Five Year Strategic Plan. Consolidated Plan One -Year Action Plan FY 2002 -2003 4 Collier County, Florida 8r RESOURCES (FUNDING SOURCES) The following resources are available in FY 2002 -2003 to undertake these activities. Federal Community Development Block Grant FY 2002 -2003 $2,159,000 Carry over funds from FY 2001 -2002 100,000 Total Available CDBG Funds $2,259,000 Consolidated Plan One -Year Action Plan FY 2002 -2003 5 Collier County, Florida Consolidated Plan One -Year Action Plan FY 2002 -2003 6 Collier County, Florida FUNDING SOURCES Entitlement Grant (includes reallocated funds) CDBG $2,159,000 ESG $0 HOME* $0 HOPWA $0 Total $2,159,000 Prior Year's Program Income NOT previously programmed or reported CDBG $ -0- ESG $ -0- HOME $ -0- HOPWA $ -0- Total $0 Reprogrammed Prior Year's Funds CDBG $100,000 ESG $ -0- HOME $ -0- HOPWA $ -0- Total $100,000 Total Estimated Program Income $0 Section 108 Loan Guarantee Fund $0 TOTAL FUNDING SOURCES $2,259,000 Other Funds $0 Submitted Proposed Projects Totals $2,259,000 Un- Submitted Proposed Projects Totals $0 Consolidated Plan One -Year Action Plan FY 2002 -2003 6 Collier County, Florida 8 IDENTIFIED NEEDS AND ACTIVITIES TO BE UNDERTAKEN WITH FEDERAL RESOURCES The Following tables identify the needs for: Special Needs/Non- Homeless; Housing Needs; Continuum of Care Gap Analysis — Individuals; Continuum of Care Gap Analysis — Persons in °— Families with Children; and Community Needs. Consolidated Plan One -Year Action Plan FY 2002.2003 7 Collier County, Florida - Special Needs/Non- Homeless —Sub- Populations Elderly Frail Elderly Severe Mental Illness Developmentally Disabled Physically Disabled Persons with Alcohol/Other Drug Addiction I Persons with HIV /AIDS Priority Need Estimated $ Low $500,0001 Low $500,000 +1 Low 1$500,000 � Low j$500, 000 Low $500,000 77= Low $500,000 —( Low 1 $500,000 TOTAL 1$3,500,000.---71 Housing Needs • r . 0 - 30% of MFI Hi h 2,500 $25,000,000 31 - 50% of MFI Med 2,500 $25,000,000 51 - 80% of MFI Low 2,500 $25,0007,000 Need Level Units Estimated $ 0 - 30 % of MFI High 2,000 $zo,00o,000 31 - 50% of MFI Med 1,000 $10,000,000 51 - 80% of MFI Low 1,000 $10,000,000 0 - 30% of MFI 1$6,000,000 31 - 50% of MFi Med 500 $5,000,000 51 - 80% of MFI 1$5,000,000 0 - 30% of MFI Med 400 $1,000,000 31 - 50% of MFI Med 100 200,000 51 - 80% of MFI Low 100 1$200,000 0 - 30% of MFI F$1, 000,000 -1 31 - 50% of MFi Med 1,000 $1,000,000 51 - 80 % Of MFI Low 1,000 $1,000,000 0 - 30% of MFI Hi h 2,500 $25,000,000 31 - 50% of MFI Med 2,500 $25,000,000 51 - 80% of MFI Low 2,500 $25,0007,000 Continuum of Care: Gaps Analysis - Individuals --Beds /Units Estimated Needs 441 Emergency Shelter Transitional Housing Permanent Housing Total Job Training Case Management Substance Abuse Treatment Mental Health Care Housing Placement Life Skills Training Other Categories Transportation r8A r Current Unmet Need/ Relative Inventory Gap Priority ® ® ow © © 1HIgh 221 220 L'.M= lrw� Lamm 'lam ' ' C3' La m Chronic Substance Abusers Seriously Mentally III 0 © © 1HIgn Dually- Diagnosed ® ® 144 1HIgn Veterans ® © © ow Persons with HIV /AIDS lb Imed Victims of Domestic Violence ® ® ® ig Youth ® © ow Other Categories Pysically Disabled © © j u Med Continuum of Care: Gaps Analysis - Persons in Families with Childr8 A Estimated Needs Emergency Shelter Transitional Housing Permanent Housing Total 271 Current Unmet Need/ Relative Inventory Gap Priority ® Ito 1HIgn © [9 [� © 1 LOW 107 164 Job Training ® © ® lHign Case Management ® ® © lHign Child Care jus lHign Substance Abuse Treatment ® ® ® ow Mental Health Care ® ® 11UZ lHign Housing Placement © © ® 14fed —� Life Skills Training ® © 1116 ow Other Categories Health Care ® © 1124 lHign Transportation ® ® 11413 lHign Chronic Substance Abusers Seriously Mentally III Dually- Diagnosed Veterans Persons with HIV /AIDS Victims of Domestic Violence Community Needs Anti -Grime r- rograrns Overall Sub - Categories Crime Awareness (051) tconomlc uevelopmen[ - -- Overall Sub - Categories Rehab; Publicly or Privately -Owned Commer (14E) Cl Land Acquisition /Disposition (17A) Cl Infrastructure Development (17B) Cl Building Acquisition, Construction, Re (17C) Other Commercial /Industrial Improvements (17D) ED Direct Financial Assistance to For -Pro (18A) ED Technical Assistance (18B) Micro - Enterprise Assistance (18C) — Infrastructure Overall Sub- Categories Flood Drain Improvements (031) Water /Sewer Improvements (03J) Street Improvements (03K) Sidewalks (03L) Tree Planting (03N) Removal of Architectural Barriers (10) Privately Owned Utilities (11) — Planning & Aammistration Overall Sub - Categories 8 A i Need Level Units Estimated $ Low 1 $10,000 Low 1 $10,000 Need Level Units Estimated $ High 13 $13,500,000 High 1 $100,000 Low 0 $0 High 1 $1,000,000 High 3 $11,500,000 High 2 $500,000 High 2 $200,000 High 2 $100,000 High 2 $100,000 Need Level Units Estimated $ High 72,510 $13,100,000 High 2,500 $2,500,000 High 10,000 $3,000,000 High 50,000 $6,250,000 Med 10,000 $1,000,000 Low 5 $250,000 Low 5 $100,000 Low 0 $0 Need Level Units Estimated $ High 0 $0 Community Needs (Page 2) Pupilc racuiues Overall Sub - Categories Public Facilities and Improvements (Gener (03) Handicapped Centers (03B) Neighborhood Facilities (03E) Parks, Recreational Facilities (03F) Parking Facilities (03G) Solid Waste Disposal Improvements (03H) Fire Stations /Equipment (030) Health Facilities (03P) Asbestos Removal (03R) Clean -up of Contaminated Sites (04A) Interim Assistance (06) Non - Residential Historic Preservation (16B) Public Services Overall Sub- Categories Public Services (General) (05) Handicapped Services (05B) Legal Services (05C) Transportation Services (05E) Substance Abuse Services (05F) Employment Training (05H) Health Services (05M) Mental Health Services (050) Screening for Lead -Based Paint/Lead Hazar (05P) — Senior Programs Overall Sub- Categories Senior Centers (03A) Senior Services (05A) r 8 A Need Level Units Estimated $ High 22 $5,750,000 High 10 $2,500,000 Low 0 $0 High 5 $2,500,000 High 5 $250,000 Low 0 $0 Low 0 $0 Med 0 $0 Med 2 $500,000 Low 0 $0 Low 0 $0 Low 0 $0 Low 0 $0 Need Level Units Estimated $ High 11,500 $3,500,000 High 5,000 $500,000 Low 0 $0 Low 0 $0 High 1,000 $1,000,000 Low 0 $0 High 500 $1,000,000 High 5,000 $1,000,000 Low 0 $0 Low 0 $0 Need Level Units Estimated $ Low 0 $0 Low 0 $0 Low 0 $0 Community Needs (Page 3) Youth Programs Overall Sub-Categories Youth Centers (03D) Child Care Centers (03M) Abused and Neglected Children Facilities (03Q) Youth Services (05D) Child Care Services (05L) Abused and Neglected Children (05N) Need Level Units Estimated $ Med 10,509 $12,000,000 Med 2 $1,000,000 Med 5 $2,500,000 Med 2 $1,000,000 Med 5,000 $2,000,000 Med 5,000 $5,000,000 Med 500 $500,000 Need Level Units Estimated $ Low 0 $0 Low 0 $0 Low 0 $0 Low 0 $0 Low 0 $0 Low 0 $0 `8A ACTIVITIES TO BE UNDERTAKEN Following is the Proposed Amended Use of Funds for the FY 2002 -2003 program year: PROJECT TITLE/DESCRIPTION ORIGINAL AMOUNT BUDGETED AMENDED AMOUNT BUDGETED CHANGES Storm Drainage Improvements — Marco Island $250,000 $250,000 -0- Park Improvements - Naples $250,000 $250,000 -0- Down Payment Assistance — Countywide $100,000 $100,000 -0- Owner- Occupied Housing Rehabilitation Assistance $100,000 $100,000 -0- Affordable Housing — Infrastructure support — Immokalee $440,772 $440,772 -0- Storm Drainage Improvement — Gateway Triangle $329,046 -0- <$329,046> Affordable Housing — Site Preparation — Immokalee $239,550 $239,550 -0- Special Needs Housing — Rehabilitation Assistance $86,527 $86,527 -0- Street Lights — Immokalee $60,000 $60,000 -0- Transitional Housing — Infrastructure support $32,140 $32,140 -0- Copeland/Lee Cypress - Water Line Repair/Burial -0- $200,000 $200,000 Copeland/Lee Cypress - Streetlights -0- $75,000 $75,000 Copeland /Lee Cypress — Demolition & Clearance -0- $54,046 $54,046 Fair Housing — Education & Outreach $5,000 $5,000 -0- Program Planning and Administration $365,965 JML965 -0- Grand Total $2,259,000 $2,259,000 -0- Consolidated Plan One -Year Action Plan FY 2002 -2003 8 Collier County, Florida '8A '1 The following narratives and tables demonstrate the activities that will be undertaken during the fiscal year 2002 -2003 by the County to address priority needs in terms of local priorities identified in the five -year strategy. For each activity, the listing provides details on the type of project, the funding level, the location, as well as on the number and type of income households or people it is designed to assist and a target date for completion of activity. Project Descriptions) Affordable Housing Programs CDBG and SHIP resources provide Collier County with the means to assist in purchasing of home or rehabilitation of substandard housing for residents with incomes of 80% or less of the median income for Collier County ($69,800 being median income for a family of four). The Housing and Urban Improvement Department uses SHIP funds to match applicable federal dollars for general housing rehabilitation program and home ownership programs. All of Collier County's affordable housing programs are based on a first -come, first- served basis, with preference given to residents of the target areas, elderly and disabled residents and emergency/life- °" threatening conditions. All affordable housing programs conform to specific CDBG and SHIP regulations. CDBG funds are also spent in infrastructure support (water & sewer line installation, sidewalks, entry roads & site preparations) for the affordable housing developments built by Community Based Development Organizations (CDBO). (Project Descriptions are based on Annual Projects for FY 2002 -2003. See individual project tables attached) Housing Rehabilitation Assistance CDBG funds will be used along with the SHIP funds to maintain affordable housing by assisting approximately 20 low- income homeowners with the rehabilitation of their primary residence. The maximum assistance for rehabilitation is $5,000. Assistance of this program is secured by a five -year, non - amortizing, second mortgage. As long as the original owner continues to occupy the rehabilitated units for the full term of the second mortgage, no interest shall accrue and no monthly payments are required. If sale or transfer of title occurs during the mortgage period, the full amount of assistance is due without interest. Down Payment Assistance CDBG funds along with the SHIP funds will be used to assist approximately 20 low- income first -time homebuyer families with purchase of newly constructed homes. The maximum assistance is $5,000. The maximum price of new home cannot exceed $130,000. Assistance of Consolidated Plan One -Year Action Plan FY 2002 -2003 9 - Collier County, Florida r8a '] this program is secured by a five -year, non - amortizing, second mortgage. Neither interest nor payments are made as long as the property is homesteaded and used as the original purchaser's w_ primary residence. If a sale or transfer of title occurs, or the property is not used as the homebuyer's permanent residence during the County's five -year mortgage term, the mortgage becomes immediately due and payable in full. Infrastructure Support for Affordable Housing Development Infrastructure support (water & sewer and entry roads) for the affordable housing development (38 single - family homes) will be built by Habitat for Humanity of Collier County, Inc., in Immokalee for very low- income families. Habitat for Humanity of Collier County has a long history of providing affordable housing in Collier County. The Immokalee area has been declared by the Board of County Commissioners as a slum and blight and Community Redevelopment Area. By providing infrastructure support, the price of homes will be affordable to very low- income families. The purchase price of the home is estimated to be around $50,000 each. Site Development Support Infrastructure (sidewalks & installation of streetlights) and site preparation of approximately 30 single - family home sites will be developed by Empowerment Alliance of Southwest Florida (CHDO) in Immokalee for low- income families. Empowerment Alliance of Southwest Florida is - a community based, non - profit organization dedicated to improving quality of life through empowerment of the working poor. The Immokalee area has been declared by the Board of County Commissioners as a slum and blight and Community Redevelopment Area. By providing �- site development support, the price of homes will be affordable to low- income families. The purchase price of the home is estimated to be around $65,000. Community Redevelopment Areas (CRA) Collier County Board of County Commissioners declared two areas, Bayshore /Gateway Triangle and Immokalee, in the County as a "blighted area" (as that term is defined in Section 163.340(8), Florida Statutes (1999), and that such area constitutes a "community redevelopment area" as defined in Section 163.340(10), Florida Statutes (1999) in March 14, 2000, to prevent further blight and deterioration in the areas. _ Immokalee CRA — Street lighting Enhancement Project, Phase II The overall project involves the installation of streetlights in Immokalee for welfare and safety reasons to reduce pedestrian, bicycling, and vehicular accidents along poorly lit streets and intersections and to reduce criminal activity, thereby making the Immokalee community safer place to live. The second phase will provide for installation of approximately 45 lights and funds to operate them for a period of five years. After that time, the Collier County Lighting District will assume responsibility for the cost of operating the streetlights. Some existing streetlights may also be upgraded from low wattage to higher wattage in areas where brighter lights are necessary for added safety. Consolidated Plan One -Year Action Plan FY 2002 -2003 10 Collier County, Florida r"8A � Specials Needs Housing The County supports non - profit social service agencies providing supportive housing and transitional housing for special needs population. Rehabilitation Assistance for Special Needs Housing CDBG funds along with a grant from a private foundation will be used to rehabilitate 5 duplexes housing 16 very low- income adults afflicted with chronic, severe, persistent mental illness and other disabilities. Collier Housing Alternatives, Inc., a non - profit organization affiliated with -- David Lawrence Mental Health Center, manages these housing units. David Lawrence Center provides Case Management, Supportive Living and Supportive Employment services to the residents of these units. The rehabilitation activities will aid in improving the current deteriorated condition of duplexes and bring the units up to the building codes. Infrastructure Support for Transitional Housing CDBG funds will be used to provide infrastructure support (water, sewer and electric hook -ups) for eight (8) Park Model trailers for transitional housing for approximately 24 -30 individuals going through various programs (recovery program for alcoholism, drug addiction, and shelter for homeless) provided by First Assembly Ministries. These Park model Trailers were donated and are sitting empty due to the lack of utilities. First Assembly Ministries provide services to all homeless persons regardless of their religious affiliations. Participating Jurisdictions In 2001, Collier County entered into participating parties agreement with the cities of Naples and Marco Island qualify for an entitlement status to receive the CDBG funding directly from the HUD. City of Naples CDBG funds along with the City's funds will be used to construct a new 12,000 square foot community center to replace the 3,500 square foot facility that was built in the 1950's in River Park neighborhood. A larger facility will allow for expanded educational and recreational program opportunities for approximately 700 very low and low- income children. Educational and recreational programs will be available for approximately 500 very low and low- income seniors and adults in the neighborhood. City of Marco Island CDBG funds along with the City's funds will be used for reconstruction and expansion of an existing deficient storm water drainage facility in the low- income area. Consolidated Plan One -Year Action Plan FY 2002 -2003 11 Collier County, Florida Public Facilities and Improvements for Low - income Area Copeland/Lee Cypress is located just west of CR29 and about %2 way between I -75 and US41, surrounded on three sides by the -` Fakahatchee Strand Preserve. Originally developed as housing to support the timber industry in the early 1900's, the community has remained relatively stable. Through the use of a HUD approved Income Survey instrument, the community of Copeland/Lee Cypress has been determined to be a low- income area, therefore qualifying it for the expenditure of CDBG dollars. Through the recent Income Survey process, seventy -four (74) out of seventy -six (76) households were surveyed. Seventy households (70) were below low and moderate income and four (4) households were above low and moderate - income levels. Over the next several months, FAH staff plans to develop and implement a housing survey to determine the current state of conditions of the housing stock, properties, open space and sanitation of Copeland. The full amount of the Amended Plan reallocation, $329,046 will be used for the following purposes in this community: Water Line Repair/Burial CDBG funds will be used to assist sixteen (16) families through the installation of approximately 3,500 to 4,000 linear feet of water pipe to substantially improve their water connection. The community currently receives its water service from the Copeland Water Co -Op, a privately - owned utility cooperative. Per the HUD Code of Federal Regulations at CFR 8 570.201 (k) CDBG funds may be used to acquire, construct, reconstruct, rehabilitate, or install the distribution lines and facilities of privately owned utilities, including the placing underground of — new or existing distribution facilities and lines. Street lighting Enhancement Project — Phase I CDBG funds will be used to purchase, install and maintain streetlights. The overall project involves the installation of streetlights in Copeland/Lee Cypress for resident welfare and safety reasons as well as to reduce criminal activity and pedestrian, bicycling and vehicular accidents along poorly lit streets and intersections. Phase I will provide installation of approximately 48 lights in the south and central sections of the community and funds to operate them for a period of seven (7) years. After that time, the Copeland Civic Association will assume responsibility for the cost of operating the streetlights. Phase II of this project will expand the service area to include the northern section of the community. Demolition and Clearance CDBG funds will be used to demolish and remove unsafe structures in the Copeland/Lee Cypress community. 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Q •� ��yy T�+ 00 00 ° p U y 0 064 0 UD vi co U Cs. � v, ,... 17 4• Oca a> O O , • CIO) cu 0 � ai 1 cad r- ti a> °O.� °� t4Q) v ``d 4 Oy o o ow Cl o � 00 0 W a U p_`� .0 co C v� N �_�_30 c zz W) 40, cd OU.Sa*o3aXi wO on w Q N Q °6 -- O M w a 0 z wvoia u `8A '1 w a�GSQg6s°6°sfA o6Iqof.S � o 0 C7 an to Ob A t w x Qwxx <0. r AH a O M _O O O w� U R >C o v Q °? ca F� d' 0 „ `� A O 00 y� a o o '3 'x - m O O ° ° c ca"cnN, -�,3 ° E N 0 ° > b �+ G-e " W•a ai s°• ,o y oq a=i ' v z z .4 U N QM Eye a°�i o b '� U o� o o o 3 U c U > o o Q E ° o a Q U �. U .r go. o� Q cv ° w a� A o 3 A xM) N � .fir .Y � •� ,o O v cs. a „� � � "• a�•1 ke) i ~° GEOGRAPHIC LOCATION The following map demonstrates the geographical location of the proposed projects to be completed during the fiscal year 2002 -2003 with Community Development Block Grant (CDBG) funds. In addition, maps showing the location of racial concentrations and areas of low- income concentration in the County, as well as Lead Poisoning Screening map are attached. Consolidated Plan One -Year Action Plan FY 2002 -2003 14 Collier County, Florida a 1 s 46S T47S T46S T49S T50S T51S T52S T53S uanoo auv#Dw UMW 30Vo W V v O ui CO) C 1 OO N ■� W O CL m W 0 p ¢ O N O V d LU m O N Q L m 9 V W � Z ¢ 0 L ALNnOO AHaN3H = � a LU J W 5 0 W 0 p m W� O 3 0 W 0 p m Z d -'N'S W -'as U / / W r Z J r6Z-?J U) Fr 6z -'a's Z a CL W QzoW� H Q�H 0 a=�� mW �o ¢ Q = Z 10 J Z A1Nn03 33l Z d 0 W LLI d)g 9 N ¢ 4 (L1 0 �- LL b lS6 -'a'o • (��1y W C Z z V g N = E V IC6 -VS u/ ¢ 0 O U 8 o. o • 'da daft/ _ W N cm O �r -''n <�L b"4d � �_ � ry ZW . 4=¢ oc Z�N Z QW 3 f- �� p O p> Y3 -1 f =z a Mexico Ma -. 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C Sle 'FCC M mg ' , tt ,�' ♦ ". y�i 1 �' 1 �m�Ecm to wzz fa £= cr5 m > ' O M tf2.4 0) " ,t:I ., f • � fir' h � I ,.. � G C N uj N C V 1 { APPENDIX 8 A Consolidated Plan One -Year Action Plan FY 2002 -2003 15 Collier County, Florida r8A CITIZEN PARTICIPATION PLAN Consolidated Plan One -Year Action Plan FY 2002 -2003 16 Collier County, Florida OR; 2764 PG; 0781 8 -- FLORIDA PLANNING C Na �/p �I JAN 0 9 2001 I Pg 03 - OR; 2764 PG; 0782 ,. CONTENTS r8A INTRODUCTION SECTION 1 PUBLIC MEETINGS SECTION 2 TECHNICAL ASSISTANCE SECTION 3 PROJECT IDENTIFICATION -- SECTION 4 PUBLIC HEARINGS 1. Review of Program Performance Hearing 2. Community Development Needs Hearing 3. Notices of Meetings and Hearings SECTION 5 BOARD OF COUNTY COMMISSIONERS (BCC) SECTION 6 PROGRAM INFORMATION SECTION 7 HANDICAPPED AND BILINGUAL PROVISIONS SECTION 8 COMPLAINTS AND INQUIRIES SECTION 9 SUBMISSION OF CONSOLIDATED PLAN SECTION 10 CITIZEN PARTICIPATION PLAN UPDATE AGENDAITEM JAN 0 9 2001 oo -111 - Pg. OR; 2764 PG; 0783 r Introduction " In 8 conformance with the provisions of 24 CFR (Code of Federal Regulations) 91, ' onsolidated Submissions for Community Planning and Development Programs" and more specifically with the provisions of 24 CFR 91.401 and 24 CFR 91.105, Collier County has adopted the following Citizen Participation Plan. Required by HUD regulation and Public Law 100 -242, this Consolidated Plan outlines the methods used in the development of the annual Consolidated Plan and describes how Collier County provides for maximum citizen participation in the development of the Plan. The method established by Collier County for allowing citizen participation and input for the development of the Consolidated Plan provides for the most basic and appropriate level of participation. It is the intent of the County to provide for the maximum level of citizen participation, in order to gather the most meaningful, thorough and effective input from its citizens. A process consisting of the following steps maximizes citizen participation in the development of the Consolidated Plan: L Public meetings. 2. Technical assistance for citizens groups and organizations in developing funding proposals. 3. Solicitation of project requests and proposals. 4. Public hearings. 5. Advertisements for a 30 -day public comment period. 6. Board of County Commissioners' approval. 7. Program information. 8. Handicapped and bilingual provisions. 9. Complaints and inquiries. 10. Submission of the Consolidated Plan. Citizen participation requirements shall not be construed to restrict the responsibility or authority of the County for the development and execution of its community development block grant program activities. The Board of County Commissioners remains the sole approving authority for the program and any amendments. AGENDAITEM No. 77Te) �v JAN 0 9 2001 OR; 2764 PG; 0784 'rsA' SECTION 1 PUBLIC MEETINGS i Public meetings will be held at various locations including available public buildings, or other locations convenient to the residents of the County. Meeting times will also be convenient to residents and held at night. SECTION 2 TECHNICAL` ASSISTANCE Technical assistance will be provided for individual citizens, citizen groups, eligible nonprofit organizations and participating cities who need such assistance in developing project proposals. Such assistance is available upon request from the Housing and Urban Improvement Office of the County. Assistance and information provided include lower income population benefit data (per area), applicable regulations, maps and other data, if available. Groups or individuals needing technical assistance should contact the County's Housing and Urban Improvement (HUI) Office at 941/403 -2330. SECTION 3 PROJECT IDENTIFICATION Based on input from the public meetings and discussions with individual citizens, citizen groups, nonprofit organizations and participating cities, County and City staff will identify additional projects in addition to those submitted directly. Staff will then summarize each project request for citizen and public review. SECTION 4 PUBLIC HEARINGS At the beginning of the Consolidated Plan development process, the public is notified through public notices and mailouts on the amount of grant funds expected, and of the dates and times of hearings. They are encouraged to participate in public hearings to obtain their comments. The public hearings held for the Consolidated Plan are designed to give the County's residents full disclosure of the funding programs and their operations. The hearings allow the County to obtain citizens' views, comments and responses to the Consolidated Plan - related proposals, regiaiiremeats, regulations, and questions. I. Review• of Program Performance Hearing & Citizen Comment RE: Program Year C.A.P.E.R (Consolidated Annual Performance and Evaluation Report) Submission A Program Performance Hearing will be held at the end of the program year. Its purpose is to update citizens on the status of past and ongoing projects and on the amount of the program budget expended. It also permits citizens to comment on performance and offer any suggestions for improvement. Citizens are also provided with copies of the Draft C.A.P.E.R. to be submitted to HUD. Citizen comment is invited at this time. Citizen comments are incorporated into the C.A.P.E.R. for submission to HUD. AGENDA ITEM No. ___ .... JAN 0 9 2001 ............. . 2 OR; 2764 PG; 0785 8A . 2. Community Development Needs Hearing The public hearing to address the identification of needs will be held early in the program year to allow citizens to continent on or present their own project proposals. The hearing is presided over by HIII staff and provides an opportunity for citizens and organizations to provide input and to respond to activities and questions regarding the grant programs. Attendees are informed of the amount of funds expected, the range of activities that may be undertaken, the estimated amount of funds, activities likely to displace residents or businesses, if any, the County's plans to minimize such displacement, if any, and the types of assistance the County will make available to displaced persons, if any. 3. Notices of Meetings and Hearings The public will be notified of all hearings through the local media, namely the: 1. Naples Daily News 2. Immokalee Bulletin 3. Public Access Channel 54 Plans are underway to advertise via the County's Internet Website. Notices will be published approximately 10 -15 days prior to each hearing. SECTION 5 BOARD OF COUNTY COMMISSIONERS (BCC) The BCC has ultimate responsibility for the Consolidated Plan as the County's elected authority. The BCC's first action is to approve, the recommended list of activities for publication (for public comment). Following the review f the proposed activities, the BCC meets to review and approve the Consolidated Plan. Taking public comment into account, the BCC approves the Consolidated Plan submission prior to submission to HUD. SECTION 6 PROGRAM INFORMATION The following information concerning the program is published in area newspapers: the amount of Community Development Block Grant funds available to the County -the eligible range and types of activities for which the funds may be used; the date, time and location of all hearings; The information is disseminated in public buildings located throughout the County. Copies of the Citizen Participation Plan are placed in libraries and the County Services Building. On public record, located in the County Services Building, are all mailings and reports, all minutes and records of meetings and hearings, Grant Agreements, monitoring repo ITE No. / J JAN _ ofi 2001 �- Lill ; 2764 PG; 0786 8a _ applications for other programs, Consolidated Plans, Consolidated Annual Performance and Evaluation Reports (C.A.P.E.R.) and all program files. These may be reviewed between 8:00 a.m. and 5:00 p.m. Monday through Friday. Copies of most items are available upon request at no charge. SECTION 7 HANDICAPPED AND BILINGUAL PROVISIONS The County will meet all the handicapped provisions under federal law and will also make provision for bilingual meetings. For, assistance please contact HUI one week before the meeting. SECTION 8 COMPLAINTS AND INQUIRIES Complaints and inquiries concerning the grant programs are conveyed by contacting, in writing or by phone, the CDBG staff office at Housing and Urban Improvement 3050 N. Horseshoe Drive, # 145 Naples, Florida 34104 Phone: 941/403 -2330 Complaints and related comments may also be offered at the public hearings. Responses to all written complaints and comments received will be provided within 15 working days of receipt. If not satisfied at the local level, complaints may also be made to the Miami Office of the U.S. Department of Housing and Urban Development (HUD) at the following address: U.S. Department of Housing and Urban Development Community Planning and Development Division 909 SE First Avenue, Room 500 Miami, Florida 33131 -3028 SECTION 9 SUBMISSION OF CONSOLIDATED PLAN Following BCC approval of the Consolidated Plan, the Plan will then be submitted to HUD -- along with certifications of compliance with program requirements. HUD accepts the Consolidated Plan unless the submission is incomplete or lacks all required certifications of program compliance. Following acceptance of the Consolidated Plan and execution of the grant agreement with HUD, the Count can amend its plan to carry out an activity not previously described or to substantially change the purpose, scope, location or beneficiaries of an activity. The, County has, pursuant to HUD regulation 24 CFR 91.505 (b), developed the following criteria for what constitutes a _ SUBSTANTIAL CHANGE: AGENDA ITEM No. ._.,JAN 049 2001 A-, . r , * OR; 2764 PG; 0787 8A I. The County decides to change the purpose /stated objectives or beneficiaries of an activity. 2. The County decides to change the scope as it relates to the kind of basic eligible activities, or to cancel, or add an activity. 3. The County decides to change the location of an activity. 4. The County decides to make a change in its allocation priorities or a change in the method of the distribution of funds. S. The County decides to increase the dollar amount of an individual activity identified in the Consolidated Plan Annual Action Plan by at least 50% in the year in which funds were appropriated. Prior to amending its Consolidated Plan for a new activity or a substantial change, the County will publish it in an area newspaper in order to obtain public comment. SECTION 10 CITIZEN PARTICIPATION PLAN UPDATE Collier County's Citizen Participation Plan may be updated and amended as the Board of County Commissioners deems necessary' depending upon changes in the applicable regulations, recognized needs by staff, and suggested changes by citizens. All changes, unless mandated by regulation, will serve to further maximize participation by the County's residents, especially those of lower income. oo -iii fq)iol JAN 0 9 2001 L-pg.--q- 5 Retn: 2736585 OR, 2764 PG; 0780 RIC PBB 37.50 CLBRK TO TUB BOARD RBCORDBD in the OFFICIAL RECORDS Of COLLIER COUNTY, FL COPIES 8.00 INTEROFFICE ITH FLOOR 01/11/2001 at 09:28AN DWIGHT B. BROCK, CLINK BKT 7290 RESOLUTION NO. 2001 8A A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING A CITIZEN PARTICIPATION PLAN TO GUIDE THE DEVELOPMENT OF COLLIER COUNTY'S FIVE - YEAR CONSOLIDATED PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, Collier County has been notified by the U.S. Department of Housing and Urban Development (HUD) that Collier County, including its participating cities, is now eligible to enter the Community Development Block Grant (CDBG) program as an Entitlement Community; and ' WHEREAS, HUD, as a pre - condition for disbursing entitlements, requires an Urban County, such as Collier County, to adopt a plan to guide the participation of its citizens and other community organizations in the development of Collier County's Consolidated Plan for utilizing the entitlements it receives. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: The Citizen Participation Plan (Plan) attached to this Resolution is incorporated by reference, and is adopted by Collier County as if set forth fully in this Resolution. BE IT FURTHER RESOLVED that this Resolution and attached Plan be recorded by the Clerk of Courts in the Public Records of Collier County, Florida. - This Resolution adopted this ?ibi day of J%cn14 2001 after motion, second and majority vote favoring same. / - ATTEST: D.WIGHT_E. BLOCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY ORIDA ',A te9fp91y61e 1rrB -3 By: TWAFIRMAN signature only. -- "Approved as to form and ' legal sufficiency: Patrick.G. White Assistant County Attorney BA NOTICES OF PUBLIC HEARING AND ADVERTISEMENTS Consolidated Plan One-Year Action Plan FY 2002-2003 17 Collier County, Florida 8A COLLIER COUNTY, FLORIDA AMENDMENT TO THE CONSOLIDATED PLAN ONE -YEAR ACTION PLAN FOR FY 2002 -2003 IS AVAILABLE FOR REVIEW AND PUBLIC COMMENT EQUAL HOUSING OPPORTUNITY Collier County is amending the FY 2002 -2003 Consolidated Plan One -Year Action Plan due to the availability of Community Development Block Grant (CDBG) funds previously allocated to a project that has been withdrawn. An amendment to the Consolidated Plan One -Year Action Plan is required "whenever a Community Development Block Grant (CDBG) program activity is deleted or added, or when a change in purpose, scope, location, or beneficiary of an activity previously stated is changed, resulting in a reallocation of CDBG funds," according to the Consolidated Plan Citizen Participation Plan adopted on January 9, 2001. The Consolidated Plan (CP) is required by the U.S. Department of Housing and Urban Development (HUD). The CP is a document, which is used to guide housing programs and non - housing community planning for fiscal year 2002 -2003. The goals of the CP are to: provide decent housing; provide a suitable living environment; and expand economic opportunities for very low, low and moderate - income persons. The Citizens Advisory Task Force (CATF) met on February 12, 2004 to review Amended Projects for CDBG funding and to propose projects to be included in the amended One -Year Action Plan. The total funding allocation for FY 2002 -2003 was $2,259,000; approximately $329,046 has been reallocated. The following table demonstrates the changes from the original budget to the amended budget (proposed proiectsl: PROJECT TITLE/DESCRIPTION ORIGINAL AMOUNT BUDGETED AMENDED AMOUNT BUDGETED Storm Drainage Improvements — Marco Island $250,000 $250,000 Park Improvements - Naples $250,000 $250,000 Down Payment Assistance - Countywide $100,000 $100,000 Owner-Occupied Housing Rehabilitation Assistance $100,000 $100,000 Affordable Housing — Infrastructure support — Immokalee $440,772 $440,772 Storm Drainage Improvement — Gateway Triangle $329,046 -0- Affordable Housing — Site Preparation — Immokalee $239,550 $239,550 Special Needs Housing — Rehabilitation Assistance $86,527 $86,527 Street Lights — Immokalee $60,000 $60,000 Transitional Housing — Infrastructure support $32,140 $32,140 Copeland/Lee Cypress - Water Line Repair/Burial -0- $200,000 Copeland/Lee Cypress - Streetlights -0- $75,000 Copeland/Lee Cypress — Demolition & Clearance -0- $54,046 Fair Housing — Education & Outreach $5,000 $5,000 Program Planning and Administration $365,965 $365,965 GRAND TOTAL $2,259,000 $2,259,000 Public Comment Period Copies of the FY 2002 -2003 Amended One -Year Action Plan are available in all Collier County libraries, at the Public Information Desk in the Harmon Turner Building on the Collier County Government Main Campus, as well as at the Financial Administration and Housing (FAH) Department, 2800 N. Horseshoe Drive, Suite 400, Naples, FL 34104. The CP is available in a format accessible to persons with disabilities upon request (239 213 - 2937). Written comments will be accepted from February 20, 2004 through March 20, 2004. All comments from citizens will be considered in preparing the Amended One -Year Action Plan. - Public Hearing Final action will be the adoption of the amended Consolidated Plan One -Year Action Plan by the Board of County Commissioners at a Public hearing at the regularly scheduled Board of County Commissioners meeting on April 13, 2004. If you require special aid or services as addressed in the Americans with Disabilities Act (ADA) or require someone to translate or sign, please contact the FAH office at (239) 213 -2937, no later than two (2) days prior to the Public Hearing date. 8 IjQ CONDADO DE COLLIER, FLORIDA EQUAL HOUSING -- ENMIENDA PARR EL PLAN CONSOLIDADO -PLAN DE ACCION POP OPPORTUNITY UN ANO PARR EL ANO FISCAL 2002 -2003 ESTA DISPONIBLE PARA REVISION Y COMENTARIOS POBLICOS El Condado de Collier esta enmendando el Plan Consolidado -Plan de Acci6n por un Ano, debido a que la disponibilidad de los fondos del Programa de Desanollo de la Comunidad (CDBG) previamente asignados a un proyecto fue retirado. Una enmienda del Plan Consolidado -Plan de Acci6n es requerida "siempre que en el Programa de Desarrollo de la Comunidad (CDBG) una actividad sea eliminada o anadida, o cuando cambia de prop6sito, area, localizaci6n, o beneficiario de una actividad que ha estado previamente es cambiada, resultando en la re- localizaci6n pars los fondos de CDBG ", en acuerdo con el Plan Consolidado -Plan de Participaci6n Ciudadana adoptado el 9 de Enero de 2001. El Plan Consolidado (CP) es requerido por el Departamento de Vivienda y Desarrollo Urbano de los Estados Unidos (HUD). El CP es un documento que se utiliza para el indique albergando los programas de vivienda y para no- planificaci6n de comunidad de envoltura para el ano fiscal 2002 -2003. Las metas del CP son: proveer vivienda decente, proveer un ambiente adecuado y conveniente; y ampliar las oportunidades econo'micas para personas de ingresos muy bajo, bajos y moderados. El Asesor de Destacamento de Fuerzas del Ciudadano (CATF) se reuni6 el 12 de Febrero del 2004 para revisar los proyectos enmendados de fondos de CDBG y para proponer proyectos que sean incluidos en la Plan Enmendados de Acci6n de Un Ano. La asignaci6n total de fondos para el Ano Fiscal 2002 -2003 fue $2,259,000; aproximadamente $329,046 han sido re- localizados. La tabla siguiente demuestra los cambios del presupuesto original al presupuesto enmendado (proyectos propuestos): TITULO / DESCRIPCION DEL PROJECTO CANTIDAD PRESUPUESTO ORIGINAL CANTIDAD DEL PRESUESTO ENMENDADO Me'oras del Drenaje de Aguas Proveniente de Tormentas — Marco Island $250,000 $250,000 Me'oramiento de Par ues - Naples $250,000 $250,000 Asistencia con Pa os Iniciales — Todo el Condado $100,000 $100,000 Ocu ado por Dueno — Asistencial de Rehabilitaci6n de Viviendas $100,000 $100,000 Me'oras de la Infraestructura - Vivienda Econ6mica - Immokalee $440,772 $440,772 Mejoras del Drenaje de Aguas Proveniente de Tormentas — Triangulo de Gateway $329,046 -0- Vivienda Econ6mica — Pre araci6n de Area $239,550 $239,550 Vivienda para necesitados es eciales — Asistencia de Rehabilitaci6n $ 86,527 $ 86,527 Alumbrado de las Calles - Immokalee $ 60,000 $ 60,000 Administraci6n y Planificaci6n de Programa $298,340 $298,340 La Envoltura de Transici6n - Me'oras de la Infraestructura $ 32,140 $ 32,140 Copeland/Lee Cypress — Re aros de Linea de Agua -0- $200,000 Copeland/Lee Cypress — Alumbrado de Las Calles -0- $ 75,000 Copeland/Lee Cypress — La demolici6n y el Es acio Libre -0- $ 54,046 Vivienda Justa — Educaci6n y Alcance $ 5,000 $ 5,000 Planificaci6n de Programa y Administraci6n $365,965 $365,965 GRAN TOTAL $2,259,000 $2,259,000 Periodo de Comentario Publico Copias de la enmienda del Plan de Acci6n por Un Ano estan disponibles en todas las bibliotecas del Condado de Collier, en la Oficina de Informaci6n Publica en el edificio Harmon Turner, Campo Principal del Gobierno del Condado de Collier como tambi6n en el Departamento de Administraci6n Financiera y Vivienda (FAH), localizado en 2800 N. Horseshoe Drive, Suite 400, Naples, FL 34104. El CP esta disponible en forma accesible para personas discapacitadas de ser solicitadas (239 213- 2937.) Los comentarios por escritos seran aceptados desde el 20 de Febrero de 2004 hasta el 20 de Marzo de 2004. Todos los comentarios del publico seran considerados para preparar la Enmienda del Plan de Acci6n por Un Ano. Audiencia Publica La acci6n final sera la adopci6n de la enmienda del Plan Consolidado -Plan de Acci6n por Un Ano por la Junta de Comisionados del Condado en una audiencia publica en su horario regular de Junta de Comisionados del Condado el 13 de Abril de 2004. Si usted necesita ayuda especial o servicios dirigidos por El Acto Americano para Personas con Discapacidad o alguien necesita que se traduzca o el use de lenguaje de senas, debe contactar a ]a oficina de FAH al numero (239) 213- 2937, no mas tardar de dos (2) dias antes de la Audiencia Publica. NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper 1 time in the issue on February 19th, 2004 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me This 19th day of February ,2004 (Signature of notary public) °a "• Harriett Bushong MY COMMISSION # DD234689 EXPIRES July 24, 2007 Ti�4UTROY WN IN%IRANCE, INC low heir own way.' -W, z ►(�� Jeffrey F. Lyde EditorialPage F,dua' f0 J%A 239- 262 -3161 F sUU 91 Collier � �� e ' . oviders SOOP 1 QOP�e keeping up their ollier County. i� cess and hope that ad 0 - pp jnd -of -life care is yet . 10u?15ustry in the Naples 's a au_,_ rs ought to have ' l Hospice of Naples Lee County and .ers in the same -A�6 W7,404 r8 ".1 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication ie Sway of a military none State of Florida as causing a mass It is not oni, President County of Collier d the junta into exile �ed president, jean. ll to after all, ately after 9-11; Before the undersigned they serve as the authority, personally support. question, hou whether he is c appeared B. Lamb, who on oath says that they a< ort and his re- pp serve as the Assistant Corporate Secretary of the Naples Daily, at democratic. The a daily newspaper published. at Naples, in Collier County, t so bad that most Florida; distributed in Collier and Lee counties of Florida; that have cut off all but the attached copy of the advertising, being a . 'ted States has any Relight of PUBLIC NOTICE a °� lere is no legitimate 3 Editor, Naples l in the matter of Public Notice 1 in 1994. The rebels I I ' towns are basically if I d Ndn't re; wouldn't know as published in said newspaper 1 whip. doesn't think lil like one. He's ; u ould like Aristide and chbosing a t honest, more able peal to voters. time in the issue ,ds until Feb. 7, 2006, President Ka on February 19th, 2004 :aQ Ce Aristide will last You this: 7be set ftwhen further that the said Naples Daily News is a newspaper IM `°0l tes could do for the he That's not Affiant says at Naples, in said Collier County, Florida, and that the said umikountry and running to his wife. HE F published newspaper has heretofore been continuously published in said Collier Florida, I,oa*>r�ptable to everyone. But he and o late the priaeip County, Florida; distributed in Collier and Lee counties of day and has been entered as second class mail matter at the post ":u� ent% we're not in a fail to speak ot each office in Naples, in said Collier County, Florida, for a period of 1 )a V u tion. Sodomy L year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor ld Id should -- Offer Call it love, oI the fancy', it's a promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for Z$ ;pile gesture but -one N%tive, we can offer a destroyed famI sicrness, medic publication in the said newspaper. � 4e is willing to stand itician who allo, !� if one can be found. olates God's law Abortion is ( Signature of affiant) ers Aristide wants, a I of Roe v. Wade babies a 15 V i has taito in its west for ugh he doesn't seem disgrace, disgrace, , the wt to and subscribed before me organizations either. authorities shoo This 19th day of February ,2004 Bishop Rayn (Signature of notary public) PP 'we. Harriett Bushong 11k fl, ,,- t<qY COMMISSION # DD234689 EXPIRES ?o July 24, 2007 PONDEDTHPU TROY FAIN INSURANCE, INC 7mmokalee Y, juUetin 40 P.O. Box 518 LaBelle, FL 33975 Affidavit of Publication State of Florida • County of Collier Collier County Financial Administration & Housing I hereby certify that a Amendment to Consolidated 1 year action Plan (English and Spanish) display ad was placed in the Immokalee Bulletin February 12, 2004 Notary Public Barbara A. Calfee. #DD262652 Rarbara A. Calfee i�ommission #DD262652 a. Expires: Oct 28, 2007 Date o Bonded Thru " Atlantic Bonding Co., Inc. r8 KIMCOLLIERCOUNTV, FLORIDA AMENDMENT TO THE CO NSOLIDA�? LD PLAN ONl - Y.I"AR. ACTION PLAN FORFY2002 -2003 IS AVAII A1,'LF. i �?.� €; ' .�V NNI) i't BLAC Ct�ND4I�N`t Vrr`y_ <r J Sri Collier County is amending the FY 2002 -2003 Cortsriidai :d Plan Onc -Year Action Plan due to the availability of Community Development Block Grant (CDBG) flrnds pre4ionsly allocated to a project that has been - ,withdrawn. An amendment to the Con d)iid t di t € t,, ') -Y a.c lctiun Plan is required "whenever a Community.Development Block Grant (C;I:)BG) pro�rant 1 i;vitv is deleted or added, or when a change in purpose, scope, location, or beneficiary of a.n is changed, resulting in a reallocation of CDBG funds." according to the Consolidated Plan e itizon Participation Ilan adopted on ,Ianuary 9, 2001. The Consolidated Plum (CP) is required by the 1! :,S. of tl.ousing and Urhtm Development (Hi ID). site CP is a document, which is used to guide hOU itl " and no.r- housing community planning for fiscal year 2002 -2003. The goals of the CP are to: pro\ ide dcceni € ousing; ' provide a suitable living envirotunent; and expand economic opportunities for very low, low and moderate- income persons. The Citizens Advisory Task Force (CATF) met on February 12. 2001 to revie� v Amended Projects for CDBG (larding and to propose projects to be included in the amended Cane -Year Action flan, the total funding, allocation for FY 2002-2003 was $2;259,000; approximately $329.046 has been reallc c,i::d. The following table demonstrates the changes fnim the nrioinni hd,dget.to the ani.ended budaet (orom)sed oroiccts); PROJECT TITLE/DESCRIPTION ORIGINAL AM01;JNT BUDGETED AMENDED AMOUNT BUDGETED Storm Drainage Improvements —,Tvtarco Island . - - -_.. _ $250,000 $250,000 ___._.... Park Irrt rovements - Na ylcs _---- M 2500)0 $250,000 Down Ya ment Assistance — Countywide S 100.(X)0 $100,000 Owner-Occupied Housing Rehabilitation Assistance_ -. _.---- ._...._.._...__ S100.(K)0 $1000 -. - _..._. Affordable Flousing — Infrastructuresu. port— Inimol,alee _ _ 5440.772 .$440,77' Storm Drainage Improvement —Gateway Triangle _ 5329,046 -O Allbrdable Housing.— Site Preparation -- lmmokalce $239,550 $239,550 Special Needs Housing — Rehabilitation Assistance $56,527 $86,521 Street Li its — lmmokalce x;60,000 $60,00 Transitional Housin — Infrastructure support $32,140 -- $32,140 Copeland/Lee Cypress - Water Line Re air /Burial -0- $200;000 v _ Copeland/Lee Cypress - Streetlights -0- $25,000 Co elandiLee C'.. ress -- Demolition & Clearance -0- $54,046 Fair Housing — Education & Outreach -000 _ $5,000 Program Plannin and Administration - ��_$2,259,000 S365.96� 3(?5.965 GRAND TOTAL $2.259.000 Public Comment Period Copies of the FY 2002 -2003 Amended Own -Year Action Plan arc: available in all Collier County libraries. at the Public Information Desk in the llarmon' Turner ,Building on tiro Collier County Government Main Campus, as well as at the Financial Administration and Housing (FAH) Department, 2800 N. Horseshoe Drive, Suite 400, Naples, FL 34104. The CP is available in a format accessible to persons with disabilities upon request (239 213- 2937). Written comments will be accepted from February 20, 2004 through March 20, 2004. All comments from citizens will be considered in preparing the Amended Cane -Year Action Plan. Public Hearing Final action will be the adoption of the amended Consolidated Plan One-Year Action Plan by the Board of County Commissioners at a Public hearing at the regularh I scheduled Board of County Commissioners meeting on April 13, 2004. If you require special aid or services as addressed in the Americans with Disabilities Act (ADA) or require someone to translate or sign, please contact the FAIT office at (239) 213 -2937, no later than two (2) days nrior to the Public Hcaritw date. r 8 A 4 rz-516010 1�wuznu CONDADO DE COLLIER, FLORIDA Q��; CONSOLIDADO DE: ACCIC)N POI2 IiNMIEND.A PARA EL PLAN -PLAN UN ANO PARA EL ANOFISCAL 2002 -2003 ESTA DISPOMBLF. PARA RFVM0N Y COMFNTARIOS PUBL.ICOS El Condado de Collier esta emnendando el Plan Consolidado -Plan de Acci6n por un Afio, debido a clue la disponibilidad de los foridos del Programa de Desarrollo do la Comunidad (C DBG) previamente asignad zs a un proyeeto fue retirado. Una enmienda del Plan Consolidado -Plan de Acci6n es requerida "siempre que on el Programa de Desarrollo de la Comunidad (CDBG) una actividad sea eliminada o at5adida, o cuando cambia de prop6sito, urea, locaiizaci6n, o beneficiario de una actividad que ha estado previamente es cambiada.. resultando en la re- localizaci6n pars Jos tondos de CDBU , on acuerdo con el Plan Consolidado -Plan de Participacibn Ciudadana adoptado el 9 do Eiiero de 2001. El Plan Consolidado (CP) es requerido por el Departamentode Vivienda y Desarrollo Urbano de los Estados Unidos (HUD). El CP es un documents que se utiliza Para el indique albesgando los programas de vivienda,y para no- planilicacibn de comunidad de envoltura Para el a>3o fiscal 2002V2003. Las metal del CP son: proveer vivienda decentc, proveer -un ambiente adecuado y convenicnte; y- ampliar las oportunidadcs econ6micas Para personas de ineresos muy bajo. lw jos y rnoderados. E3 Asesor do Destacamento de Fuerzas del Ciudadano (CATP) se rcunib el 12 de Febrero del 2004 Para revisar los proy'ectos enmendados de fondos de CDBC y Pam proponer proyectos que seam incluidos on la Plan 1 nmendulos de Acci6n de Lin Mo. La asignaci6n total de tkindos Para el Aiio Fiscal 2002 -2003 fue $2. "59,000; aproxintadamente $329.046 han lido re- localizados. La tabla siguiente demuestra los eambios clel resti uesto oti final uestos): _ CANTIDAD CANTIDAD DEL TITULO /'DESCIiIPCIbN DEL PROJECTO PRESUPULS7'O PRFSUESTO ORIGINAL ENMCNDADO Me'oras del Drena'e de Aguas Proveniente de Tormentas Marco island $250,000 $250,000 Me'oramientcv de Pa ues- Naples $250,000 $250,000 Asistencia con Pa gos Iniciales - Todo el Condado $100,000 $100,000 Ocu ado por Dueflo - A sistencial de Rehab ititacian de Vivienda, — _ .$100 -000 $1.00 000 Me oral de la Infraestructura - Vivienda Fcon6mica - linnuokalce 5 €10,772 $440,772 Mejoras del Drenaje de Aguas Provenicnto de Tormentas - Triangulo de $329,046 -0- Gateway Vivienda Econ6mica - Pre aracibnde Area $239,550 $239;530 Vivienda Para necesitadoses ciales- AsistentiiadeRehabiliiacian i $$86,527 $ $6,527 Atumbrado de las Cakes Tmmokalee ....._....... $..60_0)11.. .....__.........: $ 60,000 _.......... V ........................ Admtmstrac itin Planificaeic5n de Pros rams -- �_..........._ _..........._ $298 40 $29$,340 _ - -�— La F,nvoltura de Transicibn - 'yle'dras de la infraestructura $ 32,140 $ 32,140 Co l and /Lee Cv Tess - Re Bros de Linca de Agua -0- $200,000 Co land/Lec Cypress - Alutnbrado de Las Cailes -0- $ 75,000 Co -tand/Lee Cv ress - La demolici6ii ° el Es acid Libre -0- $ 54,046 Vivienda Justa-- .Educaci6n y Alcance $ 7.000 $ 5,000 Planiticaci6n de Programa y Adtninistraci& $365,965 $365,965 GPAN TOTAL $2 ,759,000 -- -_ - -- 52,259,000 Periodo de Comentario Pt bilco Copias de la enmienda del flan de Accibn por Un Ano estan disponibles cn todas las biblioiceas del Condado de Collier, en la nfiisina de Informackm Publica en cl edificio Harmon Turner, Campo Principal del Gobierno del Condado de Collier comb tambien on el Departamento de Administraci6n Pinanciera y Vivienda (FAI1), localizado en 2800 N. Ilorseshoe' Drive, Suite 400, Naples, Fi:: :34104. El CP esta disponible en forma accesible Para personas discapacitadas de ser solicitadas (239213- 2937.) Los comentarios por escritos seran aceptados dude el 20 de Febrero de 2004 pasta el 20 de Matzo de 2004. Todos los comentarios delp6biico seran considerados Para preparar la Entnienda del Plan di Acci6n por Un A>fo. Audiencia Publica La accibn final sera la adopci6n de la enmienda dei Plan Consolidado -Plan de rkc&in por 1 Eri Asio por la .lunta de Comisionados del Condado en una audicncia pitblica on su hotario reguiar de pinta de Comisionados del Condado el 13 de Abril de 2004. Si usted necesita ayuda especial o servicios dirigidos por l:t Aer., Americano Para. Personas con Discapacidad o alyuien necesita que se traduzea o el use de lenguuie de seAas, Glebe contacuir it la oficina de FAi l at nianero (239)'-113- 2937, no mas tardar de dos (2) dias antes de to Audiencia Publica. 8A jill RESOLUTION NO. 2004 - 111 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE COLLIER COUNTY SECOND AMENDED CONSOLIDATED PLAN ONE -YEAR ACTION PLAN FOR FISCAL YEAR 2002 -2003 FOR COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) FUNDING, AUTHORIZING NECESSARY CERTIFICATIONS, APPROVING EXECUTION OF CDBG SUB - RECIPIENT AGREEMENTS BY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES (CDES) DIVISION ADMINISTRATOR, AUTHORIZING SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 8, 2001 the Board of County Commissioners approved submission of the County's Consolidated Plan Five -Year Plan to the United States Department of Housing and Urban Development (hereinafter HUD); WHEREAS, included in that Plan was the One -Year Action Plan for Fiscal Year 2002- 2003; and WHEREAS, on April 23, 2002 the Board of County commissioners approved the Fiscal Year 2002 -2003 Consolidated Plan One -Year Action Plan; and WHEREAS, the project originally proposed for funding was infrastructure improvements to the Bayshore /Gateway Triangle CRA and said project has been withdrawn by the applicant; and WHEREAS, the Second Amendment to the Fiscal Year 2002 -2003 Consolidated Plan One -Year Action Plan was developed following the Collier County Consolidated Plan — Citizen Participation Plan, adopted January 9, 2001; and WHEREAS, the Citizens Advisory Task Force (CATF) met on February 12, 2004 to review proposed projects and recommend funding for the alternate projects proposed in the Fiscal Year 2002 -2003 Second Amended Consolidated Plan One -Year Action Plan; and WHEREAS, the additional projects which have been proposed for funding are included in the Second Amended Consolidated Plan One -Year Action Plan for FY 2002 -2003. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of County Commissioners of Collier County approves the Collier County Second Amended Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2002 -2003 for the CDBG Program, which is attached and Page l of 2 • , incorporated herein by reference, and approves execution of CDBG sub - recipient agreements by the CDES Division Administrator, and authorizes the Department of Financial Administration and Housing (FAH) to transmit the Plan to the proper funding authority and take the necessary actions for implementation of the CDBG programs. 2. SEVERABILTTY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. 3. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. This Resolution adopted this thirteenth day of April 2004, after motion, second and majority vote favor'i, " u; ATTESr bWI'HT`�E:'$}ZOK, CLERK B� � i'S 3 S 1 ALWIR only• proved as to form and leg suf ic' ncy: Patrick G. White Assistant County Attorney Item# 9A . Agenda „��; Gets `�1�= Date Rc-dd BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: DONNA IALA, CHAIRMAN Page 2 of 2 Y) Memorandum 8A r To: Maureen Kenyon, Supervisor Clerk of Courts — Minutes and Records 1 From: Susan Alden, HUD Grant Analyst %Y Date: June 24, 2004 Subject: Subrecipient Agreement Re: CDBG FY 2002 -2003 — Lee County Electric Cooperative, Inc. (LCEC) Attached please find the original subrecipient agreement relative to the Lee County Electric Cooeprative, Inc. agreement. This agreement is between Collier County and Lee County Electric Cooperative, Inc. for $30,000 to fund the installation of twenty-seven (27) streetlights in Copeland. This project was approved in the 2002 -2003 Amended Action Plan approved by the BCC on April 13, 2004 — Resolution 2004 -111, Item 8A. Please call me at 403 -2339 if you have any questions. Thank you. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator — Administrative Services Division Scott Johnson, Purchasing Agent - Purchasing File Item # 8A Agenda Date Date / z8 •D Recd to 1 p Department of Financial Administration and Housing Community Development and Environmental Services Division AGREEMENT BETWEEN COLLIER COUNTY AND E �` 84 LEE COUNTY ELECTRIC COOPERATIVE, INC. Catalog of Federal Domestic Assistance # 14.218 HUD grant # B- 03 -UC -12 -0016 THIS AGREEMENT, is entered into this _ i (per day of ,u ne ,20 Oy by and between Collier County, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant (CDBG) Program and Lee County Electric Cooperative, Inc. of Florida duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 4980 Bayline Drive, North Fort Myers, FL 33917, and its Federal Tax Identification Number as 59- 0329555, collectively "the parties." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development for a arant for tha AYARj Minn and implementation of a Community Development Block Grant in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Collier County and Lee County Electric Cooperative, Inc. to implement such undertaking of the Community Development Block Grant Program as a worthwhile County purpose; and WHEREAS, Collier County desires to engage Lee County Electric Cooperative, Inc. to provide the activities specified in Part II of this Agreement, in accordance with the approved Annual Consolidated Plan; and WHEREAS, PURSUANT TO resolution No. 2000 -339 the Board of County Commissioners has ratified and approved execution of CDBG funded agreements such as this by its Community Development & Environmental Services Division Administrator. NOW, THEREFORE, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: H: \Public\ Patrick \PGWAgreements &Forms\Sub- R -LCEC 03 STREETLIGHTS (050404- 1440).doc Sub -R LCEC (110901 -1500) Page 2 of 13 PART I DEFINITION AND PURPOSE Definitions: (1) "County" means Collier County. (2) "CDBG" means Community Development Block Grant Program of Collier County. (3) "FAH" means Collier County Financial Administration and Housing Department. (4) "Agency" means Lee County Electric Cooperative, Inc. (5) "FAH approval" means the written approval of the FAH Director or his designee. (6) "U.S. HUD" means the Secretary of Housing and Urban Development or a person authorized to act on HUD's behalf. (7) "Low- and Moderate - Income Persons" means the definition set by U.S. HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A." 2. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. At least fifty -one percent (51%) of the beneficiaries of a project funded under this Agreement must be low- and moderate - income persons. PART I SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by FAH, perform the tasks outlined in Exhibit "A" and submit invoices using the cover sheet in Exhibit "B ", both of which are attached hereto and made a part hereof. PART I I I COMPENSATION TIME OF PERFORMANCE METHOD AND CONDITIONS OF PAYMENT Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and FAH Director or designee - approved expenditures and encumbrances made by the Agency under this Agreement. Said services shall be performed in a manner satisfactory to FAH. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $30,000 for the period of May 1, 2004 through June 30, 2004. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in sections 4(7)(e) and 4(8). Sub -R LCEC 010901 -1500) Page 3 of 13 2. Time Of Performance 8 The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by U.S. HUD under grant number B- 03 -UC -12 -0016. The effective date shall be the date of execution of this Agreement, and the services of the Agency 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 Agency by June 30, 2004. 3. Method Of Payment The County agrees to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and County guidelines. In no event shall the County provide advance funding to the Agency. Requests by the Agency for payments or reimbursements shall be accompanied by proper documentation of expenditures. The Agency shall not request reimbursement for payments made by the Agency after expiration date of this Agreement. Payment shall be made by the Collier County Finance Department upon proper presentation of invoices and reports approved by the Agency and FAH. For purpose of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. 4. Conditions On Which Pavment Is Contingent (1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances, and codes and with the applicable procedures outlined in FAH Policies and Procedures Memoranda, and amendments and additions thereto as may from time to time be made. The Federal, State, and County laws, ordinances, and codes are minimal regulations which may be supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Director or designee. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Director or designee within forty -five (45) days of said official notification. (2) Financial Accountability The County may have a financial system analysis and /or an audit of the Agency or of any of its subcontractors by an independent auditing firm employed by the County, or by the County Internal Audit Department, at any time the County deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and County requirements. (3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with County, State, and Federal guidelines and regulations must be submitted by the Agency to FAH and reviewed and approved by FAH prior to execution of any Sub -R LCEC 0 10901-1500) Page 4 of 13 subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and County laws and regulations. 8 None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the FAH Director or designee. (4) 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 OMB Circulars A -110 (Uniform Administrative Requirement for Federal Grants) and A -122 (Cost Principals for Non - Profit Organizations), and 24 CFR 84, which are incorporated herein by reference. (5) Reports. Audits. and Evaluations Payment 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. (6) Additional FAH. County and U. S. HUD Requirements FAH shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by FAH, the County, or U.S. HUD at any time. (7) Prior Written Approvals - Summary The following, among others, require the prior written approval of the FAH Director or designee to be eligible for reimbursement or payment: (a) All subcontracts and agreements pursuant to this Agreement; (b) All capital equipment expenditures of $1,000 or more; (c) All out -of -town travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); (d) All change orders; (e) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A; and (f) All rates of pay and pay increases paid from funds provided hereunder, whether for merit or cost of living. (8) Program- Generated Income All income earned by the Agency from activities financed in whole or in part by funds provided hereunder must be reported to FAH. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The Agency shall report its plan to utilize such income to FAH, and said plan shall require the prior written approval of the FAH Director or designee. Accounting and disbursement of such income shall comply with OMB Circular A -110 and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a), may be retained by the Agency. Program Income shall be utilized to undertake activities specified in Exhibit A of this Agreement, and all provisions of this Agreement shall apply to said activities. Any Program Income on hand at or received after the expiration of this Agreement shall be returned to the County no less than thirty (30) days after such expiration, subject to any Agency requests to utilize uncommitted funds. Sub -R LCEC 010901 -1500) Page 5 of 13 PART IV GENERAL CONDITIONS Opportunities For Residents And Civil Rights Compliance s� The Agency agrees that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest extent feasible 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. At a minimum, the Agency shall comply with Section 3 of the Housing and Community Development Act of 1968 (as amended). 2. Opportunities For Small and Minority/Women -Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority /women- owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible, these small and minority /women -owned business enterprises shall be located in or owned by residents of the areas designated by Collier County in the Annual Consolidated Plan approved by U.S. HUD. 3. Project 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 U.S. HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The Agency shall provide written verification of compliance to FAH upon FAH's request. 4. Evaluation And Monitoring The Agency agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to FAH, the County, or the County's designees copies of Sub -R LCEC 010901 -1500) Page 6 of 13 transcriptions of such records and information as is determined necessary by FAH o n the County. The Agency shall submit information and status reports required by FAH, 6 , the County, or U.S. HUD at FAH's request on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The Agency shall allow FAH or HUD to monitor the Agency on site. Such visits may be scheduled or unscheduled as determined by FAH or HUD. 5. Audits and Inspections At any time during normal business hours and as often as FAH, the County, U.S. HUD), or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to FAH, the County, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement. The County will require the Agency to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A -110 (Uniform Administrative Requirement for Federal Grants), A -122 (Cost Principals for Non - Profit Organizations), A -133 (Audits of State, Local Governments, and Non - Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the Agency's choosing, subject to the County's approval. In the event the Agency anticipates a delay in producing such audit, the Agency shall request an extension in advance of the deadline. The cost of said audit shall be borne by the Agency. In the event the agency is exempt from having an audit conducted under A -133 (Audits of State, Local Governments, and Non - Profit Organizations), the County reserves the right to require submission of audited financial statements and /or to conduct a "limited scope audit" of the agency as defined by A -133 (Audits of State, Local Governments, and Non - Profit Organizations). The County will be responsible for providing technical assistance to the Agency, as deemed necessary by the County. 6. Data Becomes County Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the Agency for the purpose of this Agreement shall become the property of the County without restriction, reservation, or limitation of their use and shall be made available by the Agency at any time upon request by the County or FAH. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event, the Agency shall keep all documents and records for five (5) years after expiration of this Agreement. 7. Indemnification The Agency shall protect, defend, reimburse, indemnify and hold the County, its agents, employees and elected officers harmless from and against all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during performance of the terms of this Agreement or due to the acts or omissions of the Agency. Agency's aforesaid indemnity and hold harmless obligation, or portion of applications thereof, shall apply to the fullest extent permitted by law. The Agency will hold the County harmless and will indemnify the County for funds which the County is Sub -R LCEC (110901 -1500) Page 7 of 13 obligated to refund the Federal Government arising out of the conduct of activities and administration of Agency. 8. Insurance 84. Unless otherwise specified in this Agreement, the Agency shall, at its sole expense, maintain in full force and effect at all times during the life of this Agreement, insurance coverages, limits, including endorsements, as described herein. The requirements contained herein as to types and limits, as well as the County's review or acceptance of insurance maintained by the Agency, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Agency under this Agreement. (1) Commercial General Liability The Agency shall agree to maintain Commercial General Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The Agency agrees this coverage shall be provided on a primary basis. (2) Business Automobile Liability The Agency shall agree to maintain Business Automobile Liability at a limit of liability not less than $500,000 Each Occurrence for all owned, non -owned and hired automobiles. In the event the Agency does not own any automobiles, the Business Auto Liability requirement shall be amended allowing the Agency to agree to maintain only Hired & Non -Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. The Agency shall agree this coverage shall be provided on a primary basis. (3) Additional Insured The Agency shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners a Political Subdivision of the State of Florida. its Officers Employees and Agents c/o Department of Financial Administration and Housing" The Agency shall agree the Additional Insured endorsements provide coverage on a primary basis. (4) Certificate of Insurance The Agency shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of the Contract by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage shall be included on the certificate(s). (5) Right to Review and Adjust The Agency shall agree the County, by and through its Purchasing Department, in cooperation with the Department of Housing and Urban Development, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage Sub -R LCEC (110901 -1500) Page 8 of 13 because of its poor financial condition or failure to operate legally. 8� 9. Maintenance Of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement, which is not less than that level existing prior to this Agreement. 10. Conflict Of Interest The Agency 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 activities provided under this Agreement 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 Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to FAH 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 lower- income residents of the project target area. 11. Citizen Participation The Agency shall cooperate with FAH in the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents and /or clients informed of the activities the Agency or its subcontractors will undertake in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings and assist in the implementation of the Citizen Participation Plan, as requested by FAH. 12. Recognition All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The agency will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the Agency will make a good faith effort to recognize FAH's support for all activities made possible with funds available under this Agreement. 13. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the Agreement; and all of said documents taken as a whole constitute the Agreement between the parties hereto and are as fully a part of the Agreement as if they were set forth verbatim and at length herein: (1) This Agreement including its Exhibits (2) Office of Management and Budget Circulars A -110 (Uniform Administrative Requirement for Federal Grants), A -122 (Cost Principal for Non - Profit Organizations), A -133 (Audits of State, Local Governments, and Non - Profit Organizations), and 24CFR Part 84 Sub -R LCEC (110901 -1500) Page 9 of 13 (3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1975, and Ta II of the Americans With Disabilities Act of 1990 (4) Executive Orders 11246 (Equal Employment Opportunity), 11478 Equal Employment Opportunity in Federal Government), 11625 (Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise), 12432 (Minority Business Enterprise Development), the Davis Bacon Act, and Section 3 of the Housing and Community Development Act of 1968, Section 504 of the Rehabilitation Act of 1973, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (5) Executive Orders 11063 (Equal opportunity in housing), 12259 (Leadership and Coordination of Fair Housing and Federal Programs), 12892 (Leadership and Coordination of Fair Housing in Federal Programs, the Fair Housing Act of 1988, and Section 109 of the Housing and Community Development Act of 1974, as amended (6) The Drug -Free Workplace Act of 1988, as amended (7) Florida Statutes, Chapter 112 (8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended (9) The Agency's Personnel Policies and Job Descriptions (10) The Agency's Articles of Incorporation and Bylaws (11) The Agency's Certificate of Insurance (12) Current list of the Agency's Officers and members of Board of Directors All of these documents will be maintained on file at FAH. The Agency shall keep an original of this Agreement, including its Exhibits, and all amendments thereto, on file at its principal office. 14. Termination In the event of termination for any of the following, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the Agency with funds under this Agreement shall be returned to FAH or the County. In the event of termination, the Agency shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Agreement by the Agency, and the County may withhold any payment to the Agency until such time as the exact amount of damages due to the County from the Agency is determined. A. Termination for Cause If through any cause either party shall fail to fulfill in a 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 to the other party of such termination and specify the effective date of termination. B. 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 Agency for services rendered pursuant to this Agreement through and including the date of termination. Sub -R LCEC (110901 -1500) Page 10 of 13 C. Termination Due To Cessation 8 A 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 U.S. HUD specifies. 15. Severability Of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 16. Amendments The County may, at its discretion, amend this Agreement to conform with changes required by Federal, State, County, or U.S. HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the Collier County Board of County Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the Board of County Commissioners and signed by both parties. 17. Notice All notice required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 2800 N. Horseshoe Drive, #400, Naples, FL 34104, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. 18. Independent Agent and Employees The Agency agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County Provisions of the law applicable to County employees relative to employment compensation and employee benefits. 19. No Forfeiture The rights of the County under this Agreement shall be cumulative and failure on the part of the County to exercise promptly any rights given hereunder shall not operate to forfeit or waive any of the said rights. 20. Public Entity Crimes As provided in F.S. 287.132 -133, by entering into this Agreement or performing any work in furtherance hereof, the Agency certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). Sub -R LCEC (110901 -1500) Page 11 of 13 21. Counterparts Of This Agreement This Agreement, consisting referenced herein, shall be deemed to be an original, instrument. 22. ENTIRE UNDERSTANDING • of thirteen (13) enumerated pages including the exhibits executed in two (2) counterparts, each of which shall be and such counterparts will constitute one and the same This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this k (O� \ day of 1, 20 CL. LEE COUNTY ELECTRIC COOPERATIVE, INC. BY: Pamela May, CEO BY: Attorney for Agency (Signature Optional) COLLIER COUNTY, FLORIDA COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES J seph K. Schr'nitt, Administrator Approved as to form and al sufficiency: V&6 r Vl" Patrick G. White Assistant County Attorney Sub -R LCEC (110901 -1500) Page 12 of 13 EXHIBIT A WORK PROGRAM NARRATIVE Lee County Electric Cooperative, Inc. I. The Agency agrees to: • A. Install approximately twenty -seven (27) streetlights and poles in locations designated by the Collier County Sheriff's Office and FAH staff in Copeland. B. Lee County Electric Cooperative is to maintain and service newly installed streetlights for the next seven (7) years. C. Submit invoices in a timely manner. D. Make a good faith effort to recognize Collier County Financial Administration and Housing Department and the U.S. Department of Housing and Urban Development (HUD) as a funding supporter in all publications and publicity as appropriate. E. Provide a drug and alcohol free environment by developing policies for and carrying out a drug free program in compliance with the Drug Free Workplace Act of 1988. The Agency shall maintain policies on file for inspection. II. The County agrees to: A. Provide up to $30,000.00 in funding toward the installation of approximately twenty - seven (27) streetlights and poles to benefit Copeland residents. B. Provide technical assistance to ensure compliance with HUD, and applicable State, Federal and County regulations and this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the Agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by FAH be conducted by FAH staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner, and verify the accuracy of reporting to FAH on program activities. Sub -R LCEC (110901 -1500) Page 13 of 13 EXHIBIT "B" LETTERHEAD STATIONERY A COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING ►/''7 REQUEST FOR PAYMENT SECTION I: Subrecipient Name: Subrecipient Address: Project Name: Copeland Streetlights Phase I Project No: Dollar Amount Requested: $ Payment Request # 7. If applicable, amount held as retainage to date by the County, if not retained by $ the sub - recipient. I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director 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) $ 7. If applicable, amount held as retainage to date by the County, if not retained by $ the sub - recipient. I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director 8A Memorandum U0111 To: Patricia Morgan, Supervisor Clerk of Courts - Minutes and Records From: Nancy Mesa - Grants Support Specialist Date: December 3, 2004 Subject: Subrecipient Agreement Re: CDBG FY 2002 - 2003 Attached please find the original subrecipient agreement between Collier County and Donna Pace, Community Liaison for the Community of Copeland for CDBG funding in the amount of $ 5,000 toward a program that will provide assistance to the residents of Copeland and the Copeland Civic Association in developing approaches to resolving issues within the community, all while working with FAH staff to meet the stated goals and objectives. This was included in the County's AMENDED Consolidated Plan One -Year Action Plan FY 2002- 2003 as approved by the BCC on April 13, 2004, Resolution 2004.111, Item 8A. The account string for this grant is 121 - 138755 - 882100 - 345001. Please call me at 659 -5770 if you have any questions. Thank you. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator - Administrative Services Division Gwen Butler, Operations Manager - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division E� AGREEMENT BETWEEN COLLIER COUNTY AND COMMUNITY LIAISON FOR THE COMMUNITY OF COPELAND Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B- 02 -UC -12 -0016 THIS AGREEMENT, is entered into this /(P day of A),QVR►1Or� 2_ 2041, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and the Financial Administration and Housing Department, 2800 N. Horseshoe Drive, Suite 400, Naples, Florida 34104, hereinafter referred to as "FAH," and DONNA PACE, having her principal address at P.O. Box 5, Copeland, Florida 34137, hereinafter referred to as " SUBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development 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 Fiscal Year 2004 -2005 Consolidated One -Year Action Plan was developed following the Collier County Consolidated Plan— Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 for the CDBG Program by Resolution on April 13, 2004, including the use of this standard form Agreement; and NAME OF SUBRECIPIENT Page 1 of 23 ZKOOTI&V I WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, COUNTY and SUBRECIPIENT desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, COUNTY desires to engage SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) "County" means Collier County, and where applicable, its authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "FAH" means the Financial Administration and Housing Department of Collier County. (4) "SUBRECIPIENT" means "DONNA PACE." (5) "FAH Approval" means the written approval of the FAH Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A." (9) "Parties" means COUNTY, FAH, and Liaison collectively. II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B" along with Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B- 02 -UC -12 -0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In NAME OF SUBRECIPIENT Page 2 of 23 any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to October 30, 2005. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $5,000 ($15 OO- er hour with a maximum of 100 hours per month) 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 improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty -five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any Liaison for the Community of Copeland Page 3 of 23 applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 NAME OF SUBRECIPIENT Page 4 of 23 r� 1' 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010, which describes the Davis -Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A -3. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti - Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A -102. This subpart includes 24 CFR 570.502. 26. OMB Circular A -133 - concerning annual audits. 27. OMB Circular A -122 - which identifies cost principles. 28. Section 109, Public Law 100 -202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A -110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non - Profit Organizations. 30. 24 CFR Part 85- OMB Circular A -102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. NAME OF SUBRECIPIENT Page 5 of 23 C. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the FAH Department or his designee. D. AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. E. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the County harmless and will indemnify the County for funds, which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. NAME OF SUBRECIPIENT Page 6 of 23 F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH 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. 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 covenalts, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. I. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident /occurrence per Florida NAME OF SUBRECIPIENT Page 7 of 23 • L* 1 Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non -owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read 'Collier Cognty Board of County Commissioners a Political Subdivision of the State of Florida its Officers Employees and Agents c/o Department of Financial Administration and Housing ". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. NAME OF SUBRECIPIENT Page 8 of 23 I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. VIII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -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. B. DOCUMENTATION AND RECORD- KEEPING 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the County by the SUBRECIPIENT at any time upon request by the County or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE /MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C ". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall 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. NAME OF SUBRECIPIENT Page 9 of 23 C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS AUDITS AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL FAH COUNTY AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the County, or HUD at any time. F. PRIOR WRITTEN APPROVALS - SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of $1,000 or more; (c) All out -of -town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); (d) All change orders; and (e) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (f) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB NAME OF SUBRECIPIENT Page 10 of 23 Circulars A -110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non - Profit Organizations), A -133 (Audits of State, Local Governments, and Non - Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A -133 (Audits of State, Local Governments, and Non - Profit Organizations), the County reserves the right to require submission of audited financial statements and /or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A -133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. H. PROGRAM - GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAH. 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 FAH, and said plan shall require the prior written approval of the FAH Department or 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. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub - contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. L GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. NAME OF SUBRECIPIENT Page I 1 of 23 f 8A IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower - income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority /women -owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority /women- owned business enterprises shall be located in or owned by residents of the 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 through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon NAME OF SUBRECIPIENT Page 12 of 23 request to FAH, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the County. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the County or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). G. DRUG -FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. NAME OF SUBRECIPIENT Page 13 of 23 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. 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 the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and /or reduce the cost of said flood insurance. C. LEAD -BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations NAME OF SUBRECIPIENT Page 14 of 23 t at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD - assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any 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 that was acquired or improved in whole or in part with CDBG funds in excess of Twenty -five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -three (23) 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. NAME OF SUBRECIPIENT Page 15 of 23 an XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this RP day of AI W COY W P - , 20 0 (SUBRECIPIENT SEAL) 130-M VWA DATE: proved as to form and 4leal BY: Patrick .White Assistant County Attorney NAME OF SUBRECIPIENT NAME OF SUBRECIPIENT SIGNATURE PRINT NAME SUBRECIPIENT Social Security Number COLLIER COUNTY�FLORIDA J EPH K. kHMITT, ADMINISTRATOR, 90MMUNITY DEVELOPMENT & .NVIRONMENTAL SERVICES Page 16 of 23 EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: A. PROJECT SCOPE: NARRATIVE OF WORK PLAN 1. The Parties agree the SUBRECIPIENT is primarily responsible for representing FAH and Collier County to the Copeland community. The SUBRECIPIENT agrees to assist residents and the Copeland Civic Association in developing approaches to resolving issues within the community; identify existing and potential resources to provide solutions to community concerns and problems; facilitate constructive communication with all residents, all while working with FAH staff to meet these stated goals and objectives required for funding of the above - referenced HUD grant. The SUBRECIPIENT understands and agrees to the duties to be undertaken under the terms of this agreement as follows: B. Responsibilities and Duties of Liaison are: 1. Work directly with residents to develop, coordinate and implement community improvement plans. 2. Create and distribute a monthly newsletter. 3. Assist in coordinating meetings, community surveys and state /local /federal resources to meet community objectives. 4. Writes and submit monthly progress reports to the FAH Grants Manager by the 10h of each month, formats data collection methods, monitors program performance. 5. Administer programs as assigned (i.e. Summer Youth Work Program) 6. Research grants opportunities and presents information to the Copeland Civic Association. 7. Provide guidance and information to residents, community partners and other related groups. 8. Meet with FAH staff on a regularly scheduled basis and /or as needed. 9. Attend Copeland Civic Association meetings. 10. Attend appropriate training sessions as necessary. 11. Submit proper documentation for reimbursement for fees and allowable expenses, prior written approval required. 12. Perform other duties, as assigned. NAME OF SUBRECIPIENT Page 17 of 23 The SUBRECIPIENT will report to, and receive direction from, the Grants Manager with the FAH department relative to the duties described in Attachment A. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. The Parties agree that this Agreement is effective for a one -year term, beginning November 1, 2004. This Agreement may be terminated without cause by FAH. Either Party may terminate the Agreement after providing written notice, no less than 30 days in advance of termination. Payment due upon termination will be the hourly fee multiplied by the number of documented hours worked, except that payment due will end with the end of the month of termination of services. C. BUDGET: Line Item: CDBG Funds $5,000 Wages Accounting Expenses Educational Excursion Promotional Materials Transportation Program Administration $5,000 Total Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the County, as the Grantee, for FAH approval, in a form specified by FAH. D. FORMER PROJECTS /ACTIVITIES: Failure to adequately maintain any former CDBG funded project/activity may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. E. WORK SCHEDULE: The time frame for completion of the outlined activities shall be October 31, 2005. F. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding Liaison for the Community of Copeland Page 18 of 23 • the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. NAME OF SUBRECIPIENT Page 19 of 23 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION 1: REQUEST FOR PAYMENT Subrecipient Name: DONNA PACE Subrecipient Address: P.O. Box 5 Copeland, Florida 34137 Project Name: Community Liaison for the Community of Copeland Project No: CD02 -17 Payment Request # Dollar Amount Requested: $ SECTION 11: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) 7. If applicable amount held as retainage to date by the County, if not retained by the sub - recipient. $ 5,000 • I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Supervisor Dept Director Date Liaison for the Community of Copeland Page 20 of 23 0�- 8A EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the 10 of the following month. Status Report for Month of Submittal Date: Project Name Project Number Subrecipient: _ Contact Person Activity Number Telephone: Fax: E -mail: 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. NAME OF SUBRECIPIENT Page 21 of 23 5. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Subcontractor, Address & Phone Contract Federal ID Number I Number Race Ethnicity (see (see definitions on definitions on page 3) page 3) • i 1 6. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). Enter the number of es 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 this number in box "5 " below. NAME OF SUBRECIPIENT Page 22 of 23 BOX 3 BOX 4 BOX 5 BOX ] BOX 2 Ve Extremely n' Low Income Female Head of Total Number of Household Households or Persons Low Income Low Income (51 -80 %) Assisted (0 -30 %) (31 -50 %) NAME OF SUBRECIPIENT Page 22 of 23 Subreciuients must indicate total beneficiariesfor Race AND Ethnicity Definitions of Race: I . White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African - American: A person having origins in any of the black racial groups of Africa. 3. 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. 4. 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. 5. 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: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicity Beneficiaries NAME OF SUBRECIPIENT Page 23 of 23 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper 1 'time in the issue on April 1 st, 2004 Aunt further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. -� ( Signature of affrant) Sworn to and subscribed before me This 5th day of April ,2004 ( ign�pbh.) «'e Harnett Bushong nTlrOMMI5510N;i 00134689 EJ4'IREs July 24, 2007 IM ROY 4A INSURANCE, INC cm NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOUCB in the matter of Public Notice as published in said newspaper 1 'time in the issue on April 1 st, 2004 Afiiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, cortmrission or refund for the purpose of securing this advertlsenxnt for publication in the said newspaper. ( Signature of affiant) Swom to and subscribed before me This 5th day of April 2004 ( iguature of notary public) Hamlett Bushotg "vCOMMISSION#t DD234689 E)SpES 24. 21107 INC nr mr---- 110 MU t. r8B '• SJmmokalee 13ulletin P.O. Box 518 LaBelle, FL 33975 Affidavit of Publication State of Florida - County of Hendry Collier County Finance Admin & Housing I hereby certify that a Citizen Participation - Consolidated Plan display ad in English and Spanish was placed in the Immokalee Bulletin April 1. 2004 Notary Public Barbara A. Calfee Barbara A. Calfee. #DD262652 =_•" Commission #DD262652 , ``J a FxpirB o„Oct 28, 2007 ! , ..� o C7 �'"` Date " "iOF' °, Co., Inc- Atlantic Bonding r Date: February 18, 2004 To: From: Subject: Memorandum Board of County Commissioners County Departments Gary L. Young, HUD Grant Analyst Financial Administration and Housing Consolidated Plan FY 2004 -2005 One -Year Action Plan 8 B 11 Attached is the DRAFT of the FY 2004 -2005 One -Year Action Plan. This Draft will be legally advertised on February 19, 2004. The proposed projects are scheduled to go before the Board of County Commissioners on April 13, 2004. We will collect these books shortly after that date so that we may include updated material and return them to you. PLEASE DO NOT DISCARD THESE BOOKS. If you have any questions or concerns, don't hesitate to contact me at 213 -2937. cc. file Collier County Financial Administration and Housing Community Development and Environmental Services Division COLLIER COUNTY9 FLORIDA 8 B CONSOLIDATED PLAN - CANE -YEAR ACTION PLAN HUD FY 2004 -2005 Proposed Adoption Date: APRIL 13, 2004 Collier County Board of Commissioners Donna Fiala, Chair, District 1 Fred W. Coyle, Vice Chair, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 ` Jim Coletta, Commissioner, District 5 County Manager Jim Mudd PREVIOUSLYFUNDED COMMUNITYDEVELOPMENT BLOCK GRANT (CDBG) PROJECTS Cultural Heritage Day at River Park Community Center Rehabilitation of transitional housing for disabled adults Charlee Estates, affordable housing built by Habitat for Humanity Infrastructure assistance provided by HUD through CDBG program Wolfe Apartments, transitional housing built by St. Matthew's House Immokalee Summer Youth Collier County Financial Administration and Housing Department 2800 North Horseshoe Drive, Suite 400 Naples, FL 34104 (239) 213 -2937 CDES Administrator, Joseph K. Schmitt FAHDepartment Director, H. Denton Baker FAHDepartment Federal Grants Manager, Cormac Giblin FAHDepartment Grants Development Coordinator, Janeen D. Person The One -Year Action Plan was prepared by the staff of the Collier County Financial Administration & Housing Department TABLE OF CONTENTS INTRODUCTION 1.0 EXECUTIVE SUMMARY BACKGROUND - COMMUNITY PROFILE LEAD AGENCY PLAN DEVELOPMENT PROCESS CONSULTATION WITH OTHER AGENCIES GEOGRAPHIC LOCATION OF PROJECTS SPECIFIC ACTIVITIES MONITORING 2.0 CITIZEN PARTICIPATION PROCESS 3.0 FIVE YEAR STRATEGIC PLAN OVERALL PRIORITIES GEOGRAPHIC LOCATION OF PROJECTS HOUSING STRATEGY HOMELESSNESS STRATEGY (CONTINUUM OF CARE) OTHER SPECIAL NEEDS (SUPPORTIVE HOUSING) STRATEGY NON - HOUSING COMMUNITY DEVELOPMENT PLAN PROPOSED ACCOMPLISHMENTS REDUCTION OF BARRIERS TO AFFORDABLE HOUSING REDUCTION OF LEAD -BASED PAINT HAZARDS ANTIPOVERTY STRATEGY PUBLIC HOUSING RESIDENT INITIATIVES FAIR HOUSING SECTION 3 -. INSTITUTIONAL STRUCTURE SUPPORT OF APPLICATIONS FOR FUNDING BY OTHER ENTITIES Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 1 1 2 6 6 6 6 6 8 9 11 11 14 14 19 23 26 28 29 29 30 31 31 32 32 35 4.0 ONE YEAR ACTION PLAN APPLICATION RESOURCES (FUNDING SOURCES) IDENTIFIED NEEDS AND ACTIVITIES TO BE UNDERTAKEN WITH FEDERAL RESOURCES ACTIVITIES TO BE UNDERTAKEN HUD PROPOSED PROJECT TABLES GEOGRAPHIC LOCATION 5.0 MONITORING 6.0 CERTIFICATIONS 7.0 APPENDIX ADOPTING RESOLUTION CITIZEN PARTICIPATION PLAN ANTIDISPLACEMENT AND RELOCATION PLAN FAIR HOUSING ORDINANCE COLLIER COUNTY LOCAL HOUSING ASSISTANCE PLAN COLLIER COUNTY HOUSING AUTHORITY PHA PLAN AFFIDAVITS OF PUBLICATIONS FOR PUBLIC HEARINGS 8.0 USER GUIDE Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 36 37 38 40 46 52 76 77 001:3 88 89 90 91 92 93 94 95 96 i 8B INTRODUCTION ' Background and Purpose Title I of the National Affordable Housing Act established the requirement that states and local governments applying for direct assistance under certain U.S. Department of Housing and Urban Development (HUD) programs have a Consolidated Plan and yearly Action Plan approved by HUD. This documentation is required to maintain annual entitlement funding for Collier County from the Community Development Block Grant (CDBG), Home -' Investment Partnerships (HOME) programs including the new American Dream Downpayment Initiative (ADDI), and the Emergency Shelter Grant (ESG) program. The Consolidated Plan describes the strategic plan of the County that establishes its priorities for assisting low /moderate income households and identifies resources available to meet stated goals and objectives. The Annual Action Plan describes actions the County has taken related to the announced entitlement funds for that year. This document is required by federal law and serves as the application for and acceptance of four entitlement grants from the U.S. Department of Housing and Urban Development (HUD). The Action Plan concludes that addressing Collier County's affordable housing needs is the community's highest priority for Federal, state and local resources. In fiscal year 2004 -2005 Collier County will receive HUD funds under three of the four - entitlement programs HUD administers. The County will receive CDBG funds as an entitlement community for the fourth consecutive year and is in year two of receiving funding under the HOME program, which in FY 04 -05 will include the American Dream Downpayment Initiative. The Emergency Shelter Grant program is a new entitlement program for Collier County in fiscal year 2004 -2005. ADDI is a new component of the HOME program representing annual grant funds of $200 million dollars in downpayment assistance for low and moderate - income families across the nation. The ESG program represents over $159 million dollars awarded to more than 300 U.S. jurisdictions. Its objectives are to increase the number and quality of emergency shelters and transitional housing facilities for homeless individuals and families, to operate these facilities and provide essential social services and homelessness prevention activities. Consolidated/Action Plan Period Collier County is required to submit a Consolidated Plan to HUD at least once every five years. The County submitted its first Consolidated Plan in May of 2001. Through its Board of County Commissioners, Collier will submit its next five -year plan in May 2005. The document contained herein is the one -year Action Plan for FY 2004 -2005. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida — Lead Agency The Collier County Department of Financial Administration and Housing (FAH) is the lead agency responsible for overseeing the development of the Consolidated Plan and Annual Action Plan. Any questions or comments regarding this plan should be directed to the Collier County Department of Financial Administration and Housing, 2800 N. Horseshoe Dr., #400, Naples, FL 34104 (tel. 239 213 - 2937). Mission Statement The mission of the Collier County Financial Administration and Housing Department's grants and affordable housing programs is to meet the community's needs by facilitating the creation of affordable housing opportunities; the improvement of communities and the sustainability of neighborhoods. These goals and objectives will be met by working collaboratively with non - profit groups, governmental agencies, and public /private coalitions to coordinate activities and effectively leverage the resources available to the entire County. Citizen Participation This document includes a summary of the citizen participation process including inputs, timeline, citizen comments and responses from the Collier County FAH Department (if applicable). Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida � 8B A1 1.0 EXECUTIVE SUMMARY BACKGROUND The Consolidated Plan concept was developed by HUD to incorporate the requirements for four separate entitlement programs: CDBG, the HOME program, the Housing Opportunities for Persons with Aids ( HOPWA) program, and the Emergency Shelter Grant (ESG) program. Collier County does not currently have the required population to qualify for funding under HOPWA guidelines. In 2001, Collier County, along with its participating cities of Naples and Marco Island, became eligible to directly receive federal funds on an annual basis through the Community Development Block Grant (CDBG) program. This program is administered by the U.S. Department of Housing and Urban Development (HUD). The goal of the Community Development Block Grant program is to develop viable urban communities by assisting low /moderate income households through physical development programs to: Provide decent housing; provide a suitable living environment; and expand economic opportunities. In late 2002, officials from the U. S. Department of Housing and Urban Development (HUD) notified Collier County that it had been designated as a HOME Investment Partnerships Program (HOME) participating jurisdiction (PJ). HUD made this proposition based on year 2000 Census Data, which reflected that Collier County is now eligible to participate in this program. Created by the National Affordable Housing Act of 1990 (NAHA), the HOME program will provide funds to Collier County for the following: • Provide decent, affordable housing to low /moderate- income households; • expand the capacity of nonprofit housing providers; • strengthen the ability of state and local governments to provide housing; and • leverage private- sector participation. The HOME program has a newly created and authorized component called the American Dream Downpayment Initiative whose goal it is to increase the overall homeownership rate, especially among minority groups who have traditionally lower rates of homeownership compared to the national average. The American Dream Downpayment Act authorized $200 million in formula grants across the nation and will provide funds to Collier County to: • Increase minority homeownership rates; • revitalize and stabilize communities; a provide downpayment and closing cost assistance. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 106MI In December of 2003, officials from the U.S. Department of Housing and Urban Development (HUD) notified Collier County that it would be receiving funding under a third federal entitlement program, the Emergency Shelter Grant (ESG) program. The total allocation for the ESG program nationwide is over $159 million, which is a six percent increase over FY 2003 funding levels. This increase was due to several factors including the addition of several new entitlement communities such as Collier County. The ESG program is meant to assist States and local governments provide facilities and services to meet the needs of homeless people either through direct assistance or through local nonprofit and faith -based service providers. This program provides funding for five main categories: Emergency Shelter rehabilitation, renovation or conversion; • essential services to homeless families and individuals; • emergency shelter and transitional housing operational costs; homeless prevention activities; and grant administration costs. COMMUNITY PROFILE Collier County was created in 1923 from portions of Lee and Monroe counties. The County is located in the southern gulf coast of the Florida peninsula, west of the Miami -Ft. Lauderdale area. In Collier County, there are three incorporated cities: Naples, Marco Island and Everglades City. Naples, located in the western coastal area of Collier County, is the largest incorporated city. Starting in the late 1980s and throughout the 1990s, the County, which is also known as the Naples Metropolitan Statistical Area (MSA), had one of the highest percentages of growth of any MSA in the country. Everglades City and Marco Island respectively are south and east of the Greater Naples Urban Area. Over a 30 -year period, the county's population has grown from 38,040 in 1970 to an estimated 264,475 persons as of April 1, 2001. From 1980 until 1990, Collier County's population grew 77 %, while the state grew by 33 %, and the U.S. grew by 10 %. Between 1990 and 2000, Collier County's permanent population increased by 99,278 persons, a 65% increase. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 88 3 Population 1990 Census 2000 Census Collier (total) 152,099 251,377 Everglades City 321 479 Marco Island N/A 14,879 Naples 19,505 20,976 Unincorporated 132,273 215,043 Source: U S. Census Bureau, 2001 The County's population is projected to continue its strong growth over the foreseeable future. According to the Bureau of Economic and Business Research (BEBR) 2002 Collier's population increased 5.21 percent between April 1, 2000 and April 1, 2001. The County is expected to add almost 150,000 people during the next 15 years, with researchers projecting a Collier County population of 553,348 by 2030. Collier is one of four mid -sized Florida counties expected to increase by 110 percent or more over their 2000 populations. In addition to its permanent population, the County has a huge seasonal influx that swells its population during the warm winter season (November -April) by almost 40 %. The vast majority of this seasonal population is affluent, which visit or maintain vacation homes in the County primarily along its coastal areas. In contrast, the Immokalee area in the northeastern section of the County, with a permanent population of 20,000 receives a seasonal influx of migrant workers who come each year to pick crops. These residents are typically some of the County's poorest. Populations group themselves into households. As of April 1, 2001, Collier County had an estimated 108,158 households, with an average household size of 2.40 persons. Of all the households, 73,914 (69 %) are families, made up of related individuals. By comparison, only 64% of all U.S. households are families. Collier County has a higher median age compared with the statistical aggregate for the State of Florida. In 2000, the County's median age was 44.1 versus 38.7 for Florida. The state is projecting that Collier County's population will continue to age dramatically over the next seventeen years. Median Age in Collier County 1990 Census 40.5 2000 44.1 2010 48.6 2015 50.9 2020 52.8 Source: Bureau of Economic and Business Research (BEBR) 2002 Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 8B . Almost one in four (24.5 %) of the County's residents are aged 65 and over. Of these, over half (52.4 %) are female. Someone over 55 years old heads half the households in the County. - Households by Age — 2000 Under 25 2,888 3% 25-34 12,652 14% 35-44 15,722 17% 45-54 14,303 16% 55-65 14,397 16% Over 65 30,668 34% Source: Claritas, Inc., 2001. The Hispanic population continues to increase in Collier County. This is a trend mirrored in much of South Florida with the Hispanic population representing 26% of the population growth during the 1990's. Race/Ethnicity 1990 Census Total 152,099 100.0% White 143,826 94.6% African- American 7,202 4.7% American Indian /Eskimo /Aleut 458 0.3% Asian /Pacific Island 613 0.4% — Mixed Hispanic 20,730 13.6% Source: U.S. Census Bureau, 2001- !i 1iliE. 1l,tik''4 %!.1t1!:.nll ��Ilirrfir.�41i HA Iij t 'x t� ��< �!III�'tl! =. -111 II I!: 11:111 <I19t1 iSLiSk'I "tll':C'' -' ±tgl.11l f 1.tii.:r• I I i :•_iii:ui auil ! !lln,l Kwilk V-1.I III I(A 1, f'.I 1 ' '.> li ti�, 0 1` , I II'. ilib: t9 I.11lliry 4> I�.i_;rli, I!.l.i; };, Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida Collier County is also a very affluent community reflected by the high number of households (48 %) with median incomes above $50,000 a year. The County's median family income of $63,000 (per HUD FY2004 median family income estimates) is the highest in Florida compared to $51,800 for the state and $54,400 for the U.S. In addition, the Naples MSA (which includes all of Collier County) has the second highest per capita income in the United States at $42,813, which is 157 percent of the national average. First on the list is the San Francisco MSA at $45,199. Households by Income Over $100,000 21% $50- $75,000 Under $15,000 $15- $25,000 12% 31% $25- $50,000 Despite Collier County's median and per capita incomes, the average wage and salary earned by the County's worker is $29,553 (2000), which is below the state average of $30,038 and well below the average of $35,305 for the U.S. This is attributed to the fact that the largest employment sector is the service industry, which is a traditionally low paying industry. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida i LEAD AGENCY The Financial Administration and Housing (FAH) Department of Collier County was the lead agency in the preparation of this Consolidated Plan/One -Year Action Plan. This department operates and administers the County's Community Development Block Grant (CDBG), Home Investment Partnerships (HOME) and State Housing Initiatives Partnership (SHIP) affordable housing programs. The FAH Department is also the lead agency for the annual Continuum of Care (CoQ application to IIUD for the provision of housing and services to the homeless population as well as a new entitlement community for the Emergency Shelter Grant (ESG) program, which also funds activities to benefit the County's homeless population. PLAN DEVELOPMENT PROCESS The One -Year Action Plan was drawn from a number of plans and documents. These include: Collier County's Five -Year Consolidated Plan (FY 2001 - 2005), the Housing Element of the County's Growth Management Plan, the Housing Assistance Plan for the State Housing Initiatives Partnership (SHIP) program, the Immokalee Area Master Plan, the County's Continuum of Care process, the 2002 Census of Population and Housing, and the University of Florida's Bureau of Economic and Business Research data. CONSULTATION WITH OTHER AGENCIES The County consulted with its participating municipalities of Naples and Marco Island, Collier County Human Services Department, Collier County Housing Authority and the Collier County Hunger & Homeless Coalition, along with other county departments and various other housing and social service organizations in the development of this plan. GEOGRAPHIC LOCATION OF PROJECTS The County's affordable housing and homeless service activities are conducted on a countywide basis. The County's non - housing community development projects will be performed on a countywide basis in low- income neighborhoods that are located within a cooperating city, or unincorporated areas of the County. SPECIFIC ACTIVITIES There will be approximately $2,785,000 of CDBG funds (FY 2004 -2005 allocation of $2,765,000 and FY 2004 -2005 carry over amount of $20,000) available for community housing and non - housing needs. There will be approximately $787,000 of HOME funds and $93,307 in ADDI funds available for the provision of affordable housing for low- income households. There will be approximately $96,461 of ESG funds available for the provision of facilities and services to meet the needs of homeless individuals and families. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 7 8 Following is the Use of Funds for the fiscal 2004 - 2005- program year: ' CDBG: Street Improvements — City of Naples $137,000 Storm Drainage Improvements — Marco Island 89,000 Land Acquisition — Immokalee 758,000 Job Creation — Immokalee 300,000 Senior Center Addition — East Naples 255,000 Public Facilities Improvements - Copeland 397,000 Affordable Housing — Rehabilitation 100,000 Mental Health Services Program — Countywide 100,000 Youth and Family services Prevention Program — Countywide 92,000 Youth Employment Program - Immokalee 50,000 Fair Housing — Education and Outreach 3,000 Program Planning and Administration 504,000 TOTAL CDBG $2,785,000 HOME & ADDI: Residential Rehabilitation assistance $270,000 CHDO set -aside 200,000 Tenant Based Rental Assistance 200,000 Downpayment assistance — American Dream Downpayment Initiative 93,307 CHDO Capacity Building 40,000 Program Planning and Administration 78,000 TOTAL HOME & ADDI $880,307 ESG: Emergency Shelter Operating — Immokalee $96,461 TOTAL ESG $96,461 TOTAL FUNDS ALL PROGRAMS $3,761,768 Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 8 MONITORING 88 1-1 The County will perform on -site monitoring for federal, state and contract compliance of each of its sub recipients at least once per year. Technical assistance will be included with all monitoring activities. The monitoring program includes in -house review of every payment request. Prior to the end of each program year, an in -house review will be conducted to evaluate compliance progress, technical assistance needs, and future -- fundability. The Financial Administration and Housing Department's systems have been developed for the ongoing management of its programs. These systems are in place to ensure compliance with all comprehensive planning requirements and may include the use of checklists, tracking sheets, annual calendars, monthly reports, program procedures manual and operational checks and balances. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 9 2.0 CITIZEN PARTICIPATION PROCESS The One -Year Action Plan was developed following the County's Citizen Participation Plan adopted on January 9, 2001. This Plan is included in the Appendix. While developing the Consolidated Plan FY 2004 -2005 One -Year Action Plan, a time line was also produced to demonstrate the activities that should occur during the Consolidated Plan process as follows: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HOME INVESTMENT PARTNERSHIPS PROGRAM r,v A nc 9PTX4V11 INI . �I IL .— DATE Task Citizens Advisory Task Force Meeting — Update Progress & Upcoming September 18, 2003 Application Cycle Revise CDBG application packet (Public Services Only) October 8, 2003 Send Public Hearing display advertisement requests to Naples Daily October 10, 2003 News & Immokalee Bulletin Press Release — Project update & Upcoming Application Cycle October 10, 2003 First Public Hearing Notice Advertisements to run (15 days prior to the October 16, 2003 PH) Send Notice of Application Availability to the various non - profit October 16, 2003 organizations & community groups First Public Hearing — Immokalee (at 6 p.m. - Community Center) November 5, 2003 First Public Hearing — Golden Gate (at 6 p.m. - Community Center) November 6, 2003 Urban - County Proposals Due from City of Naples and City of Marco December 1, 2003 Island Applications due to FAH December 1, Staff review of applications to determine eligibility December 2 -4, 2003 , CATF Public Hearing Ad to Run (10 days prior to the PH) December 4, 2003 Deliver Application packets to CATF members December 5, 2003 Citizens Advisory Task Force Meeting — Review eligible Public December 18, 2003 Service applications FY 04 -05 draft Action Plan preparation to be com leted by staff February 11, 2004 Send availability of draft Action Plan FY 04 -05 advertisement requests February 13, 2004 (English & Spanish) to Naples Daily News & Immokalee Bulletin Distribute draft Action Plan FY 04 -05 to all libraries & Clerk's Office February 17 -18, 2004 Availability of Proposed FY 04 -05 Action Plan and 30 day public February 19, 2004 comment period Advertisements to run February 20, 2004 30 day Public Comment Period begins 30 day Public Comment Period ends March 20, 2004 Incorporate public comments into the final Action Plan March 22, 2004 Prepare and submit resolution, executive summary & transmittal for 4- March 29, 2004 13 -04 BCC meeting Consolidated Plan One -Year Action Plan FY 2003 -2004 Collier County, Florida 8 1. - ;� Be 10 BCC review /a roval of FY 04 -05 Action Plan Aril 13, 2004 FY 04 -05 Action Plan due to HUD (at least 45 days prior to start of May 7, 2004 program year) FY 03 -04 Program Year ends June 30, 2004 FY 04 -05 Program Year (7/1/04 to 6/30/05) begins July 1, 2004 Citizen input on housing and community development needs for the fiscal year 2004 -2005 CDBG program was sought at two public hearings held in Immokalee (11/5/03) and in Golden Gate (11/6/03). Meeting notices were advertised in both English and Spanish, and a Spanish - speaking staff person attended both public hearings. The meeting notice was published in two newspapers (general circulation- Naples Daily News and a local paper — Immokalee Bulletin). A public solicitation process was utilized to solicit potential CDBG Public Service projects. The notice of draft One -Year Action Plan availability is being published for a 30 -day public comment period beginning on February 20, 2004. The advertisements are both in English and Spanish. The notice will be published in two newspapers (general circulation- Naples Daily News and a local paper- Immokalee Bulletin). The draft plan is also available for public review in all county libraries, at the Collier County Public Information desk as well as in the County's Financial Administration and Housing Department. The public comment period is from February 20, 2004 thru March 20, 2004. All written comments received by the public will be reviewed by staff and included in the final Action Plan document. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 8B. „ 3.0 Five Year Strategic Plan OVERALL PRIORITIES L Collier County is a drastically dichotomous community, with a large number of residents, -- full -time and seasonal, representing affluence and wealth concentrated in Collier's coastal areas. The County's working -poor residents are mainly concentrated in several non - coastal L areas, particularly in the Immokalee community. Adding to this mix is the influx of affluent seasonal tourists, and it is clear that Collier County's economy is primarily based around meeting the consumer needs of the affluent population. The County's workforce, a large portion of which is employed in low- paying retail and service jobs, also represents the widening economic gap between segments of the County's population. With the ever growing demand to meet the consumer needs of the County's affluent majority, the working -poor households have trouble finding affordable housing and employment, especially during the off - season period. Yet, maintaining a high quality workforce has been identified as key criteria for the County's long -term success in the marketplace. Immokalee, with an economy based on citrus, vegetables, and cattle, is the County's agricultural center. During the fall and spring harvest seasons, farm laborers, produce brokers, and buyers migrate to the community, more than doubling its permanent population of approximately 20,000. This migration makes Immokalee one of the most culturally diverse communities in the area. In addition to agriculture, residents provide a source of labor for the coastal hospitality, landscape, and construction industries. Unfortunately, many of these service jobs pay low wages and offer limited or no benefits. As a result, income levels remain low. Because Immokalee is located 34 miles northeast of Naples its very location, coupled with its cultural diversity and migratory population presents additional challenges to its residents in obtaining affordable housing and economic self - sufficiency. Therefore, the County's highest priority will be to support the provision of affordable L housing for its low- income (below 50% of MFI) working poor residents. Another way of assisting low- income people toward self - sufficiency is through providing better paying employment. Collier County through its Economic Development Council has L as its major goal the economic diversification and attracting and retaining industries that will provide these employment opportunities. Collier County has successfully received CDBG grants from the State of Florida's Small Cities program. Supporting economic diversification will be the County's second highest priority. The County and its participating municipalities have identified three areas of low- income households where public facilities and improvements are needed. Public facilities and improvements for low- income people will be the County's third priority. Collier County, unlike most counties in Florida, does not fund any social services for its low- income residents. Unfortunately, only 15% of the County's CDBG funds can be expended for public services. Social services for the County's poverty level residents will be priority four. Consolidated Plan One -Year Action Plan FY 2004 -2005 - Collier County, Florida L Overall program goal: Affordable Housing qle� Economic Self Diversification Sufficiency Social Services A 12 Neighborhood Improvements The Consolidated Plan Priority Needs Table provides a summary of the County's projected five year housing and community development priority needs. These priorities will enable - the County to assist its low- income residents in their efforts to achieve self - sufficiency. While the County has identified certain numerical goals and strategies for its housing and community development accomplishments for the next five years (FY 2001 -2002 to 2005- 2006), a strategy can and should also include operations and priorities. There are certain operational imperatives and priorities that will be used to guide the selection of activities and projects. These include: PRIORITIES Activities that can support the provision of affordable housing for low- income households. ce- Public improvements in designated target areas, cooperating municipalities, or other low- income areas. ,z,- Activities that assist lower income persons to achieve self - sufficiency. C15F, Services to provide urgent/emergency health and shelter needs to poverty level residents. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida ,i L 13 PROJECT SELECTION /OPERATIONAL IMPERATIVES Because the needs outweigh the resources, the County will always receive requests for funding that exceed its total grant amount. Forced to choose among good projects, the County will utilize the following certain imperatives to establish its Annual Plan. Activities that return funds to the program, such as loan repayments, will be encouraged. Activities that request funds for salaries will be given a low priority unless funds from another source will be committed for future salaries. Activities will not be funded unless the applicant has developed realistic cost estimates and timelines, is financially stable, and has the capacity to complete the activity. Program recipients (non - profit organizations, cities, etc.) will be expected to provide matching funds and/or otherwise participate in the cost of their proj ect. Financial participation will be expected of individual recipients, particularly for property improvement programs and homeowner housing programs (excepting certain emergency situations). Organizations requesting funds will be expected to have sought funding from other appropriate sources before applying to the County. Housing development programs and property improvement programs are expected to use quality, long- lasting materials that require a minimum of maintenance or upkeep. Recipient organizations must have acceptable past and/or current performance on County - funded projects. Cost per unit (housing or service units) will be considered in evaluating proposals. PROCEDURAL SYSTEMS Problems and priorities can change from year -to -year. In order to be responsive to the needs of the County's low- income residents, the County will annually review and refine the priorities. Any changes to the priorities will be published in the annual Notice of Funding Availability (NOFA). Recommendations for funding will be made to the Board of County Commissioners by the Financial Administration and Housing Department. Only agencies /organizations that participate in the competitive funding process of the Consolidated Plan will be considered for funding, with programs to begin July 1 of each year. No requests will be funded at any other time during the year except as a result of a Request for Proposals, or for urgent/emergency purposes as determined by the Board of County Commissioners. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida L L 14 GEOGRAPHIC LOCATION OF PROJECTS The County's affordable housing and homeless service activities are conducted on a countywide basis. The County's non - housing community development projects will be performed on a countywide basis in low- income neighborhoods that are located within a cooperating city, or unincorporated areas of the County. L ___ HOUSING STRATEGY Rationale for Housing Priorities As the Priority Needs Summary Table shows the County has directed its housing assistance priorities toward helping those households facing the most difficulty in the marketplace. Thus the County assigned its highest priority to helping its renter or owner households that have very low incomes and are paying over 50% of their income for housing and/or live in substandard housing. The County has assigned a low priority to helping those households with incomes between 51 % and 80% of the median that have less housing problems; and a low priority to helping those households with incomes above 80% of the median. An analysis of the County's housing market found that for all intents and purposes, the - private sector housing market is not providing any new housing, either rental or owner affordable to households making below 50% of the median family income in 2000. How Market Characteristics Influenced Use of Funds The high cost of housing within the County was the primary influence on the County's proposed use of funds. Obstacles The major obstacle to meeting all the County's affordable housing needs is a lack of funds and land costs. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida L 15 Proposed Accomplishments: FY 2001 -2005 The following tables outline the County's proposed accomplishments for the fiscal years 2001 -2002 to 2005 -2006. AFFORDABLE HOUSING Priority Need One: Eligible Owner Households Housing Source Year Performance Expected/ % of of Funds Measures Actual Target Units - Achieved Homeownership Assistance SHIP/ 2001 500 low- income 100/317 317% Objective Number: One CDBG 2002 households attain 100/386 386% Program Name: 2003 homeownership 100/ Homeownership Assistance 2004 100/ for Low Income Residents 2005 1001 Program Objective: Provide down payment/closing cost assistance /impact fee relief Total 500/703 141% Homeownership Assistance Participa 2001 100 very-low 20/139 695% Objective Number: Two tion with 2002 income 20166 330% Program Name: Habitat 2003 households attain 20/ Homeownership Assistance for 2004 homeownership 20/ Very-Low Income Residents Humanit 2005 20/ Program Objective: y Acquire land /install infrastructure for affordable housing Total 100/205 205% Housing Source Year performance Expected/ % of of Funds Measures Actual Target Units Achieved Housing Rehabilitation SHIP/ 2001 Provide repairs to 5147 940 % Objective Number: Three CDBG 2002 25 owner- 5/69 1,380% Program Name: Housing 2003 occupied units 5/ Rehabilitation 2004 5/ Program Objective: Provision 2005 5/ of housing improvement programs 464% Total 25/116 New Rental Housing SHIP 2001 250 new 50/102 204% Objective Number: Four funds to 2002 subsidized 50 /0 0% Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 8 > 16 Program Name: New leverage 2003 apartment units 50/ affordable renter units federal/ 2004 50/ Program Objective: Utilize state 2005 50/ local funds to leverage dollars federal /state rental construction programs Total 250/102 41% Existing Rental Housing CDBG/ 2001 25 rehabilitated 5/16 320% Objective Number: Five SHIP 2002 affordable rental 5/16 320% Program Name: Rehabilitation 2003 units 5/ of older rental units 2004 5/ Program Objective: 2005 5/ Acquisition /rehabilitation of small rental projects Total 25/32 128% Rental Subsidies CDBG/ 2001 25 affordable 5/0 0% Objective Number: Six SHIP 2002 rental units 5/0 0% Program Name: Rental 2003 5/ Assistance for poverty level 2004 5/ households 2005 5/ Program Objective: Acquire land /construct new rental units Total 25/0 0% Homeless /Special Needs Source Year Performance Expected/ % of of Funds Measures Actual Target Units Achieved Special Needs Housing CDBG 2001 Construction and 4/0 0 % Objective Number: One 2002 supportive 4/48 100% Program Name: Wolfe 2003 service provision 4/ Apartments 2004 for a 12 unit 4/ Program Objective: Provision 2005 apartment 4/ of transitional housing for 20 complex for "special needs" residents homeless persons with disabilities Total 20/48 240% Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 88 1 17 Community Development Source Year Performance Expected!_ --i/Wo-o-f of Funds Measures Actual Tarqet Units Achieved Infrastructure CDBG/ 2001 Install 1,000 5/0 0% Objective Number: One SHIP 2002 linear feet of road 5/58 116% Program Name: Affordable 2003 5/ Housing 2004 5/ Program Objective: Support 2005 5/ provision of affordable housing through installation of infrastructure and land acquisition — service to 25 households Total 25/58 232% Infrastructure CDBG/ Install 1,000 5/0 0% Objective Number: One SHIP linear feet of 5/440 440% Program Name: Affordable drainage 5/ Housing 5/ Program Objective: Support 5/ provision of affordable housing through installation of infrastructure and land acquisition/25 households Total 25/22 88% Infrastructure CDBG/ Upgrade lighting 5/40 800% Objective Number: One SHIP in 2 neighbor- 5145 900% Program Name: Affordable hoods 5/ Housing 51 Program Objective: Support 5/ provision of affordable housing through installation of infrastructure and land acquisition/25 households Total 25/85 340% Infrastructure CDBG/ Install 1,000 5/0 0% Objective Number: One SHIP linear feet of 5/0 0% Program Name: Affordable sidewalks 5/ Housing 5/ Program Objective: Support 51 provision of affordable housing Total through installation of infrastructure and land acquisition/25 households 25/0 0% Consolidated Plan One-Year Action Plan FY 2004-2005 Collier County, Florida L L L se, y4.. 18 Community Development source of Funds Year Performance Measures Expected/ Actual %: of Target Units Achieved Economic Development CDBG 2001 Create 100 jobs 20/0 0% Objective Number: Two partner 2002 paying above 20/0 0% Program Name: Economic ed with 2003 the County 20/ Diversification State/ 2004 average 20/ Program Objective: Business County 2005 20/ Recruitment/ eco- Retention nomic develop- ment in- centives Total 100/0 0% Public Facilities CDBG/ 2001 Assist 100 20/0 0% Objective Number: Three SHIP 2002 eligible 20/200 200% Program Name: Public 2003 households 20/ Facilities and Improvements 2004 20/ Program Objective: 2005 20/ Pave/upgrade streets, resolve flooding, improve streetlights, provide sidewalks and upgrade water and sewer service Total 100/200 200% Public Services CDBG 2001 Assist 200 40/0 0% Objective Number: Four 2002 eligible people 40/148 370% Program Name: Social 2003 40/ Services 2004 40/ Program Objective: 2005 40/ Undertake needed social services activities Total 200/148 74% Planning /Administration CDBG 2001 Administration Objective Number: Five 2002 of CDBG Program Name: General 2003 program Program Administration 2004 Program Objective: Annual 2005 planning and administrative activities of the CDBG program Consolidated Plan One-Year Action Plan FY 2004-2005 Collier County, Florida L I. 86 19 HOMELESSNESS STRATEGY (CONTINUUM OF CARE) Continuum of Care is a relatively straight forward management concept: to effectively address the needs of the Homeless, a combination of services, often provided by different agencies, must be brought together in a coordinated manner to help move a family from homelessness to self sufficiency. M' When the underlying problem is economic, a more comprehensive governmental response including social services, job training and affordable housing is required to move low- income households from governmental and/or social service organization dependency to self- sufficiency. Moving From Dependency to Self Sufficiency tt ECONOMIC DEVELOPMENT tl� JOBS + TRAINING + = SELF - SUFFICIENCY ACCESS AFFORDABLE HOUSING COUNTY PUBLIC/PRIVATE COMMUNITY COLLEGE HOUSING PARTNERSHIPS SOCIAL SCHOOL DISTRICT SERVICES Effectively addressing self-sufficiency will require a countywide public /private partnership that brings together in a coordinated effort all of the groups that traditionally deal with the problems on a separate basis. In furthering that partnership, Collier County was the `Lead Agency' for the annual Continuum of Care grants process beginning with the FY 2003 -2004 application. County FAH department staff will also be available to provide technical !! assistance to all Continuum applicants. As part of such a self - sufficiency program, counties are also increasing their economic and business development efforts to provide more jobs for their communities. Affordable - housing also helps in these efforts because its availability is now an important criterion in business location decisions. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida io 8 It .-'� 20 The following provides a conceptual Structuring of a Continuum of Care system. Outreach Intake Continuum of Care System Housing Permaner Housing Supporth Housing i I i I Mental Health Substance I Job Training FarnitySuppoll I Education H.I.V. Independent Uving Skills The fundamental components of a continuum of care system: • First, there must be an emergency shelter /assessment effort which provides immediate shelter and can identify an individual's or family's needs. • The second component offers transitional housing and necessary social services. Lw Such services include substance abuse treatment, short -term mental health services, independent living skills, etc. The third and final component, and one which every homeless individual and family • needs, is permanent housing or permanent supportive housing arrangements. While not all homeless individuals and families in a community will need to access all three components, unless all three components are coordinated in a community, none will be I successful. A strong homeless prevention strategy is also a key to the successful W implementation of the Continuum of Care (CoC). With over fifty Coalition members, the Continuum of Care planning process is now y~ sufficiently institutionalized and CoC committee meetings are held monthly to discuss CoC progress, development and coordination issues. This augments the monthly meetings of the larger Collier County Hunger and Homeless Coalition (CCHHC), which plays the role of ! Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 88 21 facilitator as well as provides the dissemination point for information to member agencies as well as the community in general. At each monthly membership meeting of the CCHHC, progress updates on the CoC process are provided by the CoC Committee. Through these on -going efforts, the Collier County Continuum of Care has now become a recognized and institutional part of the local service delivery model. The CoC has established its own identity and function distinct from that of the larger CCHHC. Various standing committees have been developed and are active on a year -round basis in the local community, with a goal toward enhancing collaboration of homeless services throughout the county. Homeless awareness activities also continue to be on going, improving public awareness and support for community services. An annual homeless census is a standard procedure providing original and updated data for the County's Consolidated Plan/One -Year Action Plan. There exists a continuing effort to enhance CoC involvement from within as well as outside the membership of the CCHHC. The CoC Committee, through consistent and meaningful representation from government and private sector mainstream services, has resulted in increased coordination of services targeted specifically to homeless individuals and families. More than any other component, local leaders have been stressing these mainstream connections to enhance collaboration and utilization targeted to homeless individuals and families. These resources are increasingly seen as a structural element within the Collier County Continuum of Care system. Strategy for Prevention The County's social service agencies will continue to provide short-term aid, supportive services and counseling to families that are in danger of becoming homeless. The implementation of a Homeless Management Information System (HMIS) is on track and planned for full implementation in August of 2004. This system will provide many of the County's social service agencies with more reliable data as well as provide better service statistics to funding sources requiring improved outcome data from the grants they award. Strategy for Outreach The County's nonprofit service providers will continue to provide outreach services to the County's homeless population. The 2004 homeless census will include two get -help clinics, one in Immokalee and one in Naples, to provide outreach services to homeless individuals and families. The past success of these clinics determined the need for them to continue and this year the program will be further assessed to determine the frequency and scale for the future. During the next five years, in conjunction with the County's collective service providers, the County will work to improve its strategy for outreach to families in need of assistance. With the additional entitlement of ESG funds and the County's role as CoC Lead Agency, it will be positioned to more effectively plan its collaborative role in meeting the needs of its homeless population, as well as better leverage mainstream funding sources for this purpose. P Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida Will • M • 22 Collier County's homeless population is relatively invisible to the general public. Most individuals and families live in either emergency or transitional shelter facilities operated by social service agencies, or due to the limited number of these facilities are hidden in small camps dispersed throughout the county. On February 18th and 19th, 2004 the fourth annual homeless census (Point -in -Time Survey) was held for a 24 -hour period. CCHHC members and community volunteers, organized by the Coalition counted an "estimated homeless men, women and children at labor pools, in the woods, on the streets, living in vehicles, in hospital emergency rooms and detoxification centers, in emergency shelters and in transitional housing programs. This number is in comparison to 608 counted in 2002 and 690 in 2003. It is known that some hidden homeless were uncounted and most social service professionals believe the actual number of homeless in Collier County is highly underreported. Further, the homeless census does not count the number of individuals who are at -risk for homelessness. This is a growing number in Collier County as evidenced by the numbers of people accessing services provided by nonprofit and government agencies. The new Homeless Management Information System is intended to assist in capturing this data so that a formal, statistical reporting system can be established. Strategy for Shelter, Transitional Housing and Supportive Service Needs The County's nonprofit service providers will continue to provide direct emergency shelter, transitional housing and supportive services to the County's homeless. During the next five years, in conjunction with the County's service providers, the County may provide additional shelter assistance to families in need of assistance. In September of 2003 the County as the Continuum (CoC) Lead Agency submitted an application and was successful in obtaining a State of Florida Homeless Assistance Challenge grant for the Coalition's Homeless Management Information System project. The County in its role as CoC Lead Agency will continue to effectively collaborate with local service providers in researching and applying for appropriate homeless program funding M opportunities. Strategy for Independent Living The County's nonprofit service providers will continue to provide independent living services to the County's homeless. As CoC Lead Agency, the County will be positioned to more effectively plan its collaborative role in meeting the needs of its homeless population, as well as better leverage mainstream funding sources for this purpose. Rationale for Homeless Priorities Based on the Continuum of Care Gaps Analysis the County believes that the highest priority for providing homeless assistance should first be provided to families, especially those that are the victims of domestic violence. The County has assigned a lower priority to assisting homeless individuals or those homeless with special needs related to mental illness and /or Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 88 #4 23 alcohol and/or drug abuse. However, with HUD's newly created focus on ending Chronic Homelessness, this priority may undergo significant changes in the future. Obstacles The major obstacle to meeting the needs of the homeless is the lack of funds complicated by the lack of local support for using general revenue tax dollars to fund homeless programs. Federal programs for the homeless are currently granted on a competitive versus allocated basis that do not necessarily address unique community concerns. Presently Collier County does not fund social services of this type. However, with the addition of Emergency Shelter Grant funds directly from HUD and as CoC Lead Agency, the County will be better positioned to more effectively plan its collaborative role in meeting the needs of its homeless population, as well as better leverage mainstream funding sources for this purpose. Proposed Accomplishments The County will provide services to 20 homeless families over the fiscal years 2001 -2002 to 2005 -2006. * *As of this writing, the 2004 Homeless Point -in -time Survey has not yet been conducted. The numbers will be available for the preparation of the Final FY 04 -05 One -Year Action Plan. OTHER SPECIAL NEEDS (SUPPORTIVE HOUSING ) STRATEGY Rationale for Priorities The following analysis examines the housing and supportive needs of elderly and frail elderly households, severely mentally ill households, developmentally and physically disabled households and persons with alcohol or other drug addiction or persons with AIDS and related diseases. The table below compares the number of persons with special housing needs with the number of existing group home or facility beds for those needs and the number of additional beds needed. Statewide prevalence rates, provided by Florida's Development Disabilities Planning Council, were used to determine the potential needs of Collier County. Consolidated Plan One -Year Action Plan FY 2004 -2005 - Collier County, Florida :O 24 Special Needs population, Residential Beds and Unmet Needs Statewide County Existing Unmet Special Needs Population Rate Needs Beds Needs Children .00062 139 1,540 none Frail Elderly .00476 1,066 1,167 none Developmentally Disabled .00075 168 10 158 Mentally Ill .00154 345 0 0 Source: Florida Developmental Disabilities Planning Council, 1999. Frail Elderly While proposed spending cuts may reduce the amount of support, the Florida Department of Children and Families (DCF) currently has enough supplemental assistance dollars to place low - income elderly in Assisted Care Living Facilities (ACLF's). Nine facilities with a capacity of 605 provide nursing care. There are 562 nursing home beds in Collier County. The County has assigned this a low priority. Children in Foster or Special Care The need for additional foster and special care facilities for children is not critical in Collier County. The County has assigned this a low priority. Persons with Physical Disabilities Two facilities, with a capacity of 10 beds, provide care for persons with physical disabilities. The County has assigned this a low priority. Persons with Developmental Disabilities There is a potential need for 158 additional beds in Collier County for persons with developmental disabilities per the 5 -year Consolidated Plan. The County has assigned this a low priority. Mental Health Consumers Rather than house mental health consumers in special facilities, it is more effective to integrate them into the private housing market while providing material, emotional and skill training support through outreach and walk -in clinics. The County has assigned this a low priority. Consolidated Plan One -Year Action Plan FY 2004 -2005 _r Collier County, Florida 88 a 25 Persons with Alcohol/Other Drug Addiction The primary needs of this group are for 30 -day detoxification housing and long -term medical care. The County has assigned this a low priority. Persons with AIDS Neighboring Lee County has received a Continuum of Care grant to serve as the region's center for AIDS housing. However, local nonprofit organizations serving the AIDS population in Collier are researching funding opportunities to provide a local housing program combined with support services. This population requires improved data collection to determine housing/service needs, especially with regard to the Immokalee area. Obstacles Insufficient funding as well as a lack of a directed community planning process to address the needs of the County's special populations are identified as obstacles to meeting the needs of this group. Proposed Accomplishments For the reasons stated above, the County has assigned this area a low priority for governmental action and does not intend to undertake activities in this area at this time. Consolidated Plan One -Year Action Plan FY 2004 -2005 -- Collier County, Florida 8B 26 NON - HOUSING COMMUNITY DEVELOPMENT PLAN The following information subdivides this strategy into individual CDBG - eligible activity categories. A. Acquisition The County will acquire land for affordable housing and acquire land for necessary public facility improvements, such as parks, storm drainage and roads. B. Disposition The County does not expect to undertake any disposition activities with federal funds. Sub recipients undertaking acquisition/rehab /resale projects may be involved in disposition. C. Public Facilities and Improvements The County will make improvements, such as road paving, storm drainage, public utilities, park and recreation improvements, and community centers. D. Clearance The County may demolish and remove unsafe structures. E. Public Services The County Human Services Department will provide public services for low and moderate - income households. F. Interim Assistance The County does not intend to undertake any interim assistance. G. Payment of Non - Federal Share The County may utilize CDBG to pay a non - federal share of another grant if - opportunities to leverage other funds arise. H. Urban Renewal Completion The County has no urban renewal projects. I. Relocation The County has planned no activities that will require relocation. Certain SHIP rehabilitation may however cause a small amount of displacement. J. Loss of Rental Income The County has planned no activities that will result in the loss of rental income. K. Removal of Architectural Barriers Consolidated Plan One -Year Action Plan FY 2004 -2005 - Collier County, Florida Kali The County has planned no activities to remove architectural barriers, except in the course of its rehabilitation activities. L. Privately Owned Utilities The County has planned no activities that involve privately owned facilities. M. Housing The County will support its SHIP and affordable housing programs. N. Rehabilitation and Preservation The County may provide funding for housing rehabilitation and preservation. O. Economic Development The County will continue to provide economic diversification support and job training as part of its antipoverty strategy and in support of the State of Florida's WAGES welfare to work program. P. Special Activities by Sub recipients L No special activities are planned at this time; however, the County will be receptive to proposals that further its objectives. Q. Planning and Capacity Building Activities The County will undertake planning and capacity building programs for its' Community Housing Development Organization (s), nonprofit organizations and all sub recipients. R. Administrative Costs The County will administer the program. Rationale for Priorities The analysis of need found that the County should focus. its efforts on assisting low - income households in their efforts to achieve self - sufficiency. Obstacles Although the County has insufficient funding to meet all of the identified needs, the County will be developing neighborhood revitalization plans for each potential target area and use those plans to guide its program activities. L Consolidated Plan One -Year Action Plan FY2004 -2005 Collier County, Florida µ_ 88 28 PROPOSED ACCOMPLISHMENTS The following charts display the County's proposed accomplishments. Table below lists the county's non- housing community development proposed accomplishments by CDBG- eligible category. FIVE YEAR NON - HOUSING COMMUNITY DEVELOPMENT STRATEGY SUMMARY BY CDBG ELIGIBLE CATEGORY CATEGORY ACTIVITY BUDGET ESTIMATE A. Acquisition ,T Land Acquisition $ 1,000,000 B. Disposition None Planned $ " C. Public Facilities and Improvements Low - Income Area Improvements $ 3,000,000 D. Clearance Demolition/Removal of Unsafe Structures $ 50,000 E. Public Services Public Services $ 1,500,000 F. Interim Assistance None Planned $ - W G. Payment of Non - Federal Share None Planned $ " H. Urban Renewal Completion — None Planned $ " I. Relocation p None Planned $ - �_ J. Loss of Rental Income None Planned $ K. Removal of Architectural Barriers None Planned $ L. Privately Owned Utilities None Planned $ - M Housing Affordable Housing Support $ 1,500,000 N. Rehabilitation and Preservation Housing Rehabilitation $ 250,000 O. Economic Development Economic Diversification Support $ 1,000,000 P. Special Activities by Subrecipients None Planned $ - Q. Planning and Capacity Building Costs $ 100,000 R. Program Administrative Costs $ 2,035,000 FIVE YEAR TOTAL for ALL ACTIVITIES: i $ 10,435,000 i` Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 881 REDUCTION OF BARRIERS TO AFFORDABLE HOUSING In 1993, as part of a state - mandated affordable housing regulatory reduction self - review system, the County reviewed all of its development regulations in detail. The purpose of this review, was to wherever possible, reduce the cost of housing. As part of the 1993 review, the County reduced additional standards and adopted additional incentives to increase housing affordability, based on the recommendations made by the Affordable Housing Advisory Committee. (See the Collier County "Affordable Housing Incentives Plan" report to the state Housing Finance Corporation). The County's Workforce Housing Advisory Committee was a ten - member citizen group w appointed by the Board of County Commissioners in November 2001. Through regular meetings they met to analyze and develop programs, policies, and procedures for Collier County to enhance and increase the supply of affordable housing throughout the community. Some specific areas of study the Committee has focused on include: Inclusionary Zoning, Impact Fees, Land Development Code Amendments, Growth Management Plan - Amendments, Land Trusts and public funding of a start-up non -profit Community Housing t. Development Organization (CHDO). The Committee's final recommendations and report were presented to the Board of County Commissioners (BCC) at a Workforce Housing Workshop on April 4, 2003. A copy of this report may be obtained through the Collier County Financial Administration and Housing Department. The Committee officially sunsetted after its presentation to the BCC. As part of the committees' recommendations to the BCC a budget amendment of $98,000 was approved for funding a CHDO in Collier County. The Collier County Housing Development Corporation (CCHDC) was officially incorporated in the State of Florida as a non - profit corporation in September 2003 and is the first county -wide CHDO in Collier County. The CCHDC has also made application to the IRS for 501 (c)(3) status and will need to go back to the BCC to apply for funding and receive formal designation as a CHDO operating in Collier County. Collier County has also significantly reduced its development processing times and established a one -stop permit center. These included: the waiver and/or deferral of impact fees, density bonuses; and the reduction of parking and setbacks, allowing zero -lot line developments. The County also followed state law and enacted regulations that allow group homes in all its residential zoning districts. The County, through the Housing Element of its Comprehensive Plan, must also ensure the availability of sufficient sites, with supporting infrastructure, for its affordable housing needs. These actions have reduced the regulatory barriers to affordable housing in Collier County. REDUCTION OF LEAD -BASED PAINT HAZARDS The County, through its Board of Health continues to monitor and respond to all suspected cases of lead poisoning. However this continues to be a very minor problem in the County, primarily due to the newness of the County's housing stock. The Collier County Health Consolidated Plan One -Year Action Plan FY 2004 -2005 °- Collier County, Florida 884 q 30 Department has targeted two (2) zip codes (34102 & 34103) areas for potential childhood lead poisoning cases screening. These two areas contained housing stocks that are pre -1970. " A map of a childhood lead poisoning screening map is included in the section 4.0 One -Year ,. Action Plan, Geographical Location. The Collier County Health Department is the leading agency that monitors lead poisoning cases. In 2003, there were 44 reported cases of Lead Poisoning in Collier County (Blood Lead Levels > 10). The Blood Levels (BLLs) were all determined from venous drawn blood. They ranged from a high of BLL 56 down to BLL 10. None of these cases reported were determined to be a result of housing stocks. The leading cause of Lead Poisoning determined by the County's Health Department investigations was due to recent emigration from lead prone areas. In the majority of reported cases (33 cases), effected people were recent immigrants arrived from lead prone areas. The Housing Authority has tested their units for lead -based paint and the Housing Authority has resident information programs regarding this matter. �- ANTIPOVERTY STRATEGY Collier County has several initiatives designed to reduce unemployment and increase economic opportunities for its poverty level residents. First, the County has an ongoing Economic Development Program. In 1995, Collier County formed a public /private partnership with its business community to significantly expand the County's economic development activities. The Economic Development Council of Collier k, County was charged with diversifying the County's economy. The partnership has been highly successful. Between 1995 and 2000, Collier County has r added 21,116 new jobs, a 28% increase. This was three times the rate of neighboring Lee County (9 %) the regional center and almost three times the statewide rate (11 %). In addition, the County has made significant efforts to improve economic conditions in its low- income agricultural area of Immokalee. The County completely upgraded the general aviation airport, and had the portion of the airport (60 acres) designated as a Foreign Trade Zone ( #213) and a State Enterprise Zone ( #1101), which offers tax incentives to companies that locate there. The area has been designated as a Rural Federal Enterprise Community by the U.S. Department of Agriculture, which enabled the County to offer federal tax credits to companies that locate there. USDA provides $250,000 a year in seed money over the next ten years (1999- 2010). This grant is being matched by the State Department of Community -- Affairs and is being administered by the Empowerment Alliance of Southwest Florida. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida The County has successfully opened a business incubator in Immokalee, and completed infrastructure and fagade improvements to Main Street Immokalee, which is now part of the Main Street program. Second, as an important component of this economic development effort, the Florida Gulf Coast University funds a Small Business Development Center (SBDC), which teaches potential business people how to successfully start a new company. As a major new initiative, the SBDC has also begun customized job training programs that train local residents (most of whom are unemployed or underemployed) to take specific jobs at new or expanding programs. Third, in conjunction with the state's WAGES, Welfare to Work Program, the County, through Florida Gulf Coast University provides both life skill and customized job training for the County's low- income residents. These courses are designed to help under skilled workers obtain jobs in the private sector. Fourth, the Southwest Florida Workforce Development Boards, Inc. One -Stop Community Career and Service Centers provide a network for comprehensive services and labor market information for employers, workers and job seekers. This organization is a partnership between business, labor, education, community, and government services. The 42- member Board oversees workforce development initiatives in Southwest Florida, which is comprised of Charlotte, Collier, Glades, Hendry, and Lee Counties. In Collier County, the SW FL Workforce Development Boards, Inc. provides one -stop facilities in Naples and Immokalee. Lastly, the FAH department actively seeks Economic Development applications through our CDBG process from for - profit and non - profit organizations alike. Collectively, these efforts represent a realistic County -level antipoverty strategy. PUBLIC HOUSING RESIDENT INITIATIVES The Collier County Housing Authority plans to implement a homeownership program that informs and encourages residents to participate in various affordable housing programs. FAIR HOUSING The County adopted its Fair Housing Ordinance on November 4, 1986, and amended the ordinance on February 4, 1992. The County has also adopted an anti- displacement plan and plans no activities that will require displacement within its FY 2001 -2005 Consolidated Plan. CDBG funds were utilized to prepare an Analysis of Impediments to Fair Housing, which was revised in August of 2002 and approved by HUD's Office of Fair Housing and Equal Opportunity (FHEO) on December 23, 2002. The following are proposed actions to affirmatively further fair housing in the county: • Board of County Commissioners will pass a proclamation declaring April as Fair Housing month. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 88 A 32 • Prepare and advertise Fair Housing Month with ads in both local newspapers in English /Spanish. • Post Fair Housing notices and Fair Housing pamphlets (Engtish/Spanish) to all the County's social service agencies. • Conduct Fair Housing seminars. • Education & Outreach to further fair housing choices. • Set aside CDBG funds to affirmatively further Fair Housing activities. SECTION 3 The following activities will be conducted by Collier County to comply with Section 3: • Develop and implement a process for Section 3 programs for HUD - funded projects. • Increase number of identified section 3 businesses. • Coordinate section 3 program • Education and outreach to promote section 3 programs. • County will continue to promote participation by businesses owned by minorities, women and disabled persons. INSTITUTIONAL STRUCTURE Collier County will utilize a number of nonprofit housing and social service provider partners through a yearly request for proposal process to carry out its various housing and community development activities. The County will carry out its community development program directly and in conjunction with its local cities. Strengths /Gaps Assessment There are no real gaps in the County's institutional structure. The County's use of independent nonprofit housing and homeless service providers offer the opportunity to effectively utilize its existing agencies and develop new organizations. Organizational Relationships with Public Housing Authority Due to the growing population of Collier County and the limited number of Section 8 vouchers available, the County will continue to work with the Collier County Housing Authority to expand the availability of poverty level rental housing. To meet this objective, the County will designate a portion of its proposed allocation of HOME funds for a Tenant Based Rental Assistance (TBRA) program with the Collier County Housing Authority (CHA). These funds will be administered by the CHA and will follow the same tenant qualification guidelines as the Section 8 voucher program. TBRA funds may be used for monthly rental subsidies, utility deposits and security deposits. As a partner, the Collier County Housing Authority will be responsible for the administration of this program including the inspection of rental properties for certification of suitability and the income qualification of tenants. This program will be administered - countywide. I" Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida Ili• i Overcoming Gaps r 33 The Financial Administration & Housing Department, and its network of CDBG/housing sub recipients, is effectively organized to utilize the funding it receives through various state /federal programs. The County has also actively sought discretionary grants from both state and federal agencies. The only major gap in this service provision is in the area of rental housing for extremely low - income households. The provision for this type of housing has traditionally been a federal /state responsibility through HUD and various federal /state programs. The reauthorization of the federal tax credit program for low - income rental construction now means that the private sector once again has the incentive to construct new rental housing. The tax credit, combined with the State Apartment Incentive Loan (SAIL) Program, which provides a developer with an additional state subsidy for low- income apartment construction, has made this type of construction economically viable. In addition, the state significantly increased its SAIL funding, which doubled in FY 1995/96 when the state's second half -cent documentary stamp tax for housing began. Unfortunately, these two programs typically do not reach the extremely low- income (below 30% MFI) renter households who are having the greatest problem. (Note: The Florida Housing Finance Corporation has just developed a special rental program that can assist households as low as to 25% of MFI.) The County intends to develop a plan to increase the supply of subsidized rental housing. In relation to homelessness, Collier County's nonprofit institutional structures currently provide the County with a response mechanism to its homeless population. As the Continuum of Care strategy continues to develop in the County and additional stakeholders participate in the process, the County anticipates its response to homelessness will expand proportionate to the needs of this population and the CoC strategies identified to address those needs. Organizational Cooperation Strategy The Department of Financial Administration and Housing will continue to be the primary entity responsible for coordinating and implementing these programs. In some cases, funds will be passed through to nonprofit and for profit housing providers and certain municipalities /government agencies through interlocal agreements or subrecipient agreements. Collier County does not have a local housing finance authority. It is served by the Florida Housing Finance Corporation jurisdiction. The authority uses tax- exempt bond financing to assist low and moderate - income homebuyers and rental developers. This tax- exempt status generally results in a lower rate of interest than what is available conventionally. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 34 Collier County has identified the following entities that will deliver and manage specific housing assistance and community development programs: Home Investment Partnerships (HOME) Program activities will be coordinated and managed through the Financial Administration and Housing Department and/or passed through to subrecipients using a Request for Proposal process. Community Development Block Grant (CDBG) Program activities will be coordinated and managed through the Financial Administration and Housing Department and /or passed through to subrecipients using a Request for Proposal process. Emergency Shelter Grants (ESG) Program activities will be coordinated and managed through the Financial Administration and Housing Department and/or passed through to subrecipients Shelter Plus Care - Collier County will support existing and future applications for funds from this source by a nonprofit agency that will manage, implement and deliver all services. The County will be the Lead Agency for this application and provide technical assistance as needed. Safe Havens - Collier County will encourage applications from nonprofits that will manage, implement and deliver services. The County will be the Lead Agency for this - application and provide technical assistance as needed. Rural Homeless Housing - Collier County will encourage applications from nonprofits that will manage, implement and deliver services. The County will provide technical assistance as needed. Section 8 Rental Vouchers and Certificates Program - The Collier County Housing Authority administers these programs in Collier County. The Department of Housing and Urban Development (HUD) monitors all such programs. Farmers Home Administration Guaranteed Loan Program - Collier County will support any nonprofit making application for this program. Farmers Home Administration Single- Family Program - Loans are available to eligible individuals through this entity. Collier County's role is one of referral and support. Transitional Housing Grant - The County will encourage applications from nonprofits that will manage, implement and deliver services. The County will be the Lead Agency for this application and provide technical assistance as needed. Community Services Block Grant — The Immokalee Multicultural Multipurpose Community Action Agency (IMMCAA) received the County's very first Community Consolidated Plan One -Year Action Plan FY 2004 -2005 _ Collier County, Florida 35 Services Block Grant. The County will support IMMCAA's efforts in administering these funds. Permanent Housing for the Handicapped - Collier County will encourage applications from nonprofits that will manage, implement and deliver services. The County will provide technical assistance as needed. Other Federal Discretionary Funding - (SAFAH, Permanent Housing for the Homeless Handicapped, Supportive Housing for Persons with Disabilities, etc.) The County plans to monitor developments affecting the regulations and funding of these programs and submit or encourage applications where appropriate. Other State Programs: (Elderly Homeowner Rehabilitation Program, Florida Homesteading Program, Florida Fix Program, Housing Predevelopment Loan Program, State Apartment Incentive Loan Program, Low - Income Energy Assistance Program, Low - Income Emergency Repair Program, etc.). The County plans to monitor developments affecting the regulations and funding of these programs and submit or encourage applications where appropriate. SUPPORT OF APPLICATIONS FOR FUNDING BY OTHER ENTITIES Collier County will support the application of other entities for funding under competitive grant programs wherever possible and as appropriate. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida — 4.0 ONE YEAR ACTION PLAN 36 This One Year Action Plan provides details on the specific activities the County will undertake during the fiscal year 2004 -2005 to implement its Five Year Strategic Plan. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 88 37 APPLICATION Federal Standard Form Number 424 is the basic form that the County utilizes to apply for federal funding. THIS PAGE INTENTIONA LL Y LEFT BLANK Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 88 38 RESOURCES (FUNDING SOURCES) The following resources are anticipated to be available in FY 2004 -2005 to undertake these activities. Federal -- Community Development Block Grant (CDBG) FY 2004 -2005 $2,765,000 CDBG Carry over funds from FY 2003 -2004 20,000 Total Available CDBG Funds 2,785,000 Housing Investment Partnerships (HOME) FY 2004 -2005 787,000 American Dream Downpayment Initiative [FY (03) & FY (04)] 93,307 Total Available HOME Funds Emergency Shelter Grant (ESG) FY 2004 -2005 $96,461 Total Available CDBG, HOME, ADDI and ESG Funds $3,761,768 Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 39 OD Funding Sources Entitlement Grant (includes reallocated funds) CDBG $2,765,000 ESG $ 96,461 HOME $ 880,307 HOPWA $ -0- Total $3,741,768 Prior Year's Program Income NOT previously programmed or reported CDBG $ -0- ESG $ -0- HOME $ -0- HOPWA $ -0- Total $0 Reprogrammed Prior Year's Funds CDBG $ 20,000 ESG $ -0- HOME $ -0- HOPWA $ -0- _.. Total $ 20,000 �. Total Estimated Program Income $0 Section 108 Loan Guarantee Fund $o TOTAL FUNDING SOURCES $ - Other Funds $0 Submitted Proposed Projects Totals $3,761,768 Un- Submitted Proposed Projects Totals $0 — Other Funds $0 Submitted Proposed Projects Totals $3,761,768 Un- Submitted Proposed Projects Totals $0 Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 39 '188 14 40 IDENTIFIED NEEDS AND ACTIVITIES TO BE UNDERTAKEN WITH FEDERAL RESOURCES The Following tables identify the needs for: Special Needs/Non- homeless Housing Needs; Continuum of Care Gaps Analysis — Individuals; Continuum of Care Gaps Analysis — Persons in Families with Children; and Community Needs. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida • r • r Special Needs of Non - Homeless Sub - Populations Priority Need Estimated Dollars to Address Elderly Low $500,000 Frail Elderly Low $500,000 Severe Mental Illness Low $500,000 Developmentally Disabled Low $500,000 Physically Disabled Low $500,000 Persons w/ Alcohol/Other Drug Addiction Low $500,000 Persons w/ HIV /AIDS Low $500,000 Other Total $3,500,000 Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 41 88 42 Priority Needs Summary Table PRIORITY HOUSING NEEDS (Households) Priority Need Level Estimated Units Estimated Dollars to Address Small Related 0 -30% of MFI High 2,000 $20,000,000 31-50% of MFI Medium 1,000 $10,000,000 51 -80% of MFI Low 1,000 $10,000,000 Renter Large Related 0 -30% of MFI High 500 $5,000,000 31 -50% of MFI Medium 500 $5,000,000 51 -80% of MFI Low 500 $5,000,000 Elderly 0 -30% of MFI Medium 400 $1,000,000 31 -50% of MFI Medium 100 $200,000 51 -80% of MFI Low 100 $200,000 All Other 0 -30% of MFI High 1,000 $1,000,000 31 -50% of MFI Medium 1,000 $1,000,000 51 -80% of MFI Low 1,000 $1,000,000 Owner 0 -30% of MFI High 2,500 $25,000,000 31 -50% of MFI Medium 2,500 $25,000,000 51 -80% of MFI Low 2,500 $25,000,000 Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 0 43 * *Homeless and Special Needs Population i7h PERSONS IN FAMILIES WITH CHILDREN Estimated Need Current Invento Unmet Need/Gap Relative Priori Beds/Units Emergency Shelter 343 144 199 H Transitional Housing 185 20 165 M Permanent Housing 158 22 136 L 34 Total 686 186 500 113 307 Job Training 315 157 158 L Estimated Case Management 631 303 328 H Substance Abuse Treatment 274 137 137 L Supportive Services Slots Mental Health Care 398 200 198 M Housing Placement 549 220 329 H Life Skills Training 480 240 240 M 362 Other (Health Care) 514 257 257 M Other (Transportation) 617 370 247 M Other (Health Care) Chronic Substance Abusers 301 150 151 H Estimated Sub- Seriously Mentall y Ill 137 69 68 M Dually-Diagnosed 130 52 78 M Veterans 69 35 34 L Populations Persons with HIV /AIDS 23 12 11 L Veterans Victims of Domestic Violence 261 138 123 H 13 Youth 75 35 40 L 231 Other (Physically Disabled) 27 13 14 L PERSONS IN FAMILIES WITH CHILDREN * *At the time of this draft writing, the 2004 Homeless Point -in -Time Survey had not yet occurred._ The 2004 numbers will be included in the Final Consolidated Plan One -Year Action Plan for FY 04-05. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida Estimated Need Current Inventory Unmet Need/Gap Relative Priority Emergency Shelter 210 66 144 H Beds/Units Transitional Housing 176 47 129 M Permanent Housing 34 0 34 L Total 420 113 307 Job Training 256 102 154 L Estimated Case Management 386 154 232 H Child Care 244 65 179 M Supportive Substance Abuse Treatment 177 68 109 L Services Slots Mental Health Care 260 102 158 M Housing Placement 362 109 253 H Life Skills Training 295 115 180 M Other (Health Care) 315 122 193 M Other (Transportation) 378 227 151 L Chronic Substance Abusers 185 74 111 H Seriously Mentally I11 50 20 30 M Dually -Dia osed 80 32 48 M Estimated Sub- Populations Veterans 13 5 8 L Persons with HIV /AIDS 13 5 8 L Victims of Domestic Violence 231 138 93 H Other (ESL Language) 33 13 20 L * *At the time of this draft writing, the 2004 Homeless Point -in -Time Survey had not yet occurred._ The 2004 numbers will be included in the Final Consolidated Plan One -Year Action Plan for FY 04-05. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida '8B I, COMMUNITY DEVELOPMENT NEEDS PRIORITY COMMUNITY DEVELOPMENT NEEDS Need Level Estimated Priority Units Estimated Dollars to Address PUBLIC FACILITY NEEDS Overall High 22 $5,750,000 Public Facilities & improvements General 03 High 10 $2,500,000 Handicapped Centers 0313 Low 0 $0 Neighborhood Facilities 03E) High 5 $2,500,000 Parks and/or Recreation Facilities 03F High 5 $250,000 Parking Facilities (03G) LOW 0 $0 Solid Waste Disposal Improvements 03H) Low 0 $0 Fire Stations/Equipment 030 Med 0 $0 Health Facilities 03P Med 2 $500,000 Asbestos Removal 03R) Clean-up of Contaminated Sites 04A) Low Low 0 0 $0 $0 Interim Assistance 06) Non - Residential Historic Preservation 1613 Low Low 0 0 $0 $0 INFRASTRUCTURE Overall High 72,510 $13,100,000 Flood Drain improvements (03 ffigh 2,500 $2,500,000 Water /Sewer hn rovements 03 High 10,000 $3,000,000 Street Improvements (03K) High 50,000 $6,250,000 Sidewalks 03L Med 10,000 $1,000,000 Tree Planting 03N) Removal of Architectural Barriers 10) Low Low 5 5 $250,000 $100,000 Privately Owned Utilities (11) Low 0 $0 PUBLIC SERVICE NEEDS Overall High 11,500 $3,500,000 Public Services (General (05)) Handicapped Services 0513) Legal Services (05C) Transportation Services 05E) High Low Low High 5,000 0 0 1,000 $500,000 $0 $0 $1,000,000 Substance Abuse Services 05F Low 0 $0 Employment Trainin 05 High 500 $1,000,000 Health Services (M High 5,000 $1,000,000 Mental Health Services (050) Low 0 $0 Screening for Lead -Based Paint/Lead Hazard (05P ) Low 0 $0 ANTI -CRIME PROGRAMS Overall Low 1 $10,000 Crime Awareness 05I) Low 1 $10,000 YOUTH PROGRAMS Overall Med 10,509 $12,000,000 Youth Centers 03D) Med 2 $1,000,000 Child Care Centers 03 Med 5 $2,500,000 Abused and Neglected Children Facilities (03Q) Med 2 $1,000,000 Youth Services 05D) Med 5,000 $2,000,000 Child Care Services (05L) Med 5,000 $5,000,000 Abused and Neglected Children (05N) Med 500 $500,000 SENIOR PROGRAMS Overall Low 0 $0 Senior Centers (03A) Low 0 $0 Senior Services 05A) Low 0 $0 Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida ECONOMIC DEVELOPMENT Overall High 13 $13,500,000 Rehab; Publicly or Privately -Owned Commercial/Industrial (14E ) High 1 $100,000 CI Land Acquisition/Disposition. 17A) Low 0 $0 CI Infrastructure Development (17B) High 1 $1,000,000 CI Building Acquisition, Construction (17C) High 3 $11,500,000 Other Commercial/industrial Improvements 170 High 2 $500,000 ED Direct Financial Assistance For -Profit (18A) High 2 $200,000 ED Technical Assistance 1813) High 2 $100,000 Micro-Enterprise Assistance 18C) High 2 $100,000 PLANNING & ADMINISTRATION Overall High 0 $0 TOTAL ESTIMATED DOLLARS NEEDED $47,800,000 Consolidated Plan One -Year Action Plan FY 2001 -2005 Collier County, Florida 45 Ej ACTIVITIES TO BE UNDERTAKEN Following is the Use of Funds for the fiscal 2004 - 2005- program year: CDBG: Street Improvements — City of Naples Storm Drainage Improvements — Marco Island Land Acquisition - Immokalee Job Creation — Immokalee Senior Center Addition — East Naples Public Facilities Improvements - Copeland Affordable Housing — Rehabilitation Mental Health Services Program — Countywide Youth and Family Services Prevention Program — Countywide Youth Employment Program - Immokalee Fair Housing — Education and Outreach Program Planning and Administration TOTAL CDBG HOME & ADDI: CHDO set -aside Residential Rehabilitation assistance Tenant Based Rental Assistance Downpayment assistance — American Dream Downpayment Initiative CHDO Capacity Building Program Planning and Administration TOTAL HOME & ADDI ESG: Emergency Shelter Operating — Immokalee TOTAL ESG TOTAL FUNDS ALL PROGRAMS $137,000 89,000 758,000 300,000 255,000 397,000 100,000 100,000 92,000 50,000 3,000 504,000 $2,785,000 Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida $200,000 270,000 200,000 93,307 39,000 78,000 $880,307 $96,461 $96,461 $3,761,768 .t 88 } a 47 The following narratives and tables demonstrate the activities that will be undertaken during the fiscal year 2004 -2005 by the County to address priority needs in terms of local priorities identified in the five -year strategy. For each activity, the listing provides details on the type of project, the funding level, the location, as well as on the number and type of income households or people it is designed to assist and a target date for completion of the activity. Project Descriptions Affordable Housing Programs CDBG, HOME and SHIP resources provide Collier County with the means to assist residents with the purchase of housing, or the rehabilitation of substandard housing for residents with incomes of 80% or less than the median income for Collier County ($63,000 being median income for all household sizes). The Financial Administration and Housing Department uses SHIP and HOME funds to match applicable federal dollars for its general housing rehabilitation program and homeownership programs. All of Collier County's affordable housing programs are based on a first -come, first - served basis, with preference given to residents of the target areas, elderly and disabled residents and emergency /life - threatening conditions. All affordable housing programs conform to specific CDBG, HOME and SHIP regulations. CDBG funds are also spent on infrastructure support (water & sewer line installation, sidewalks, entry roads & site preparations) for affordable housing developments. Land Acquisition CDBG funds will be used by the County as leverage to assist in the development of affordable housing through nonprofit Community Based Development Organizations (CBDO). This use of CDBG funds meets the number one priority of the County 5 -Year Consolidated Plan to support the provision of affordable housing for its low- income (below 50% of MFI) working poor residents. CDBG funds will be used by the County to purchase land in Immokalee and work with non - profit affordable housing developers to rehabilitate and construct affordable housing projects. Housing Rehabilitation Assistance HOME and SHIP funds will be used to maintain affordable housing by assisting approximately 13 -- low - income homeowners with the rehabilitation of their primary residence. The maximum HOME assistance for rehabilitation is $15,000 per residence. Assistance of this program is secured by a ten -year, amortizing, forgivable deferred mortgage. As long as the original owner continues to Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 18B 48 occupy the rehabilitated units for the full term of the forgivable deferred mortgage, no interest shall accrue and no monthly payments are required. If sale, refinancing or transfer of title occurs during the mortgage period, the amortized amount of assistance is due without interest. Down Payment Assistance ADDI and SHIP funds will be used to maintain affordable housing by assisting approximately 9 low and moderate - income first -time homebuyer families with downpayment/closing cost assistance. The maximum ADDI assistance is a grant of $10,000, or six percent of the purchase price of the home, whichever is greater. The maximum price of a new home cannot exceed $150,000. Assistance of this program is secured by a 5 -year, amortizing, and forgivable deferred mortgage. Neither interest nor payments are made as long as the property is homesteaded and used as the original purchaser's primary residence. If a sale, refinancing, or transfer of title occurs; or the property is not used as the homebuyer's permanent residence during the County's five -year mortgage term, the mortgage becomes immediately due and payable. Tenant Based Rental Assistance (TBRA) HOME funds will be used to partner with the Collier County Housing Authority (CHA) to provide TBRA to assist tenants with the costs associated with their housing. This assistance will provide funds to make up the difference between 30% of the amount of income a qualified household can afford to pay for housing and local rent standards. TBRA can also be used to assist tenants for housing costs such as security and utility deposits. The program will follow all Section 8 guidelines. -' TBRA will better help the County meet the fluctuating demand for housing. Community Housing Development Organization (CHDO) — HOME funds will be used to support the affordable housing activities of CHDO's serving Collier County. The County, as a participating jurisdiction (PJ) must invest (set aside) at least 15 percent (15 %) of its total HOME allocation to projects that are owned, developed or sponsored by Community Housing Development Organizations (CHDO's), and which result in the development of homeownership or rental units. Additionally, the County may allocate up to five percent (5 %) of its total allocation as CHDO operating funds, and may provide these funds to CHDO's to help them pay their operating costs and build their capacity to develop successful affordable housing projects and programs. Economic Diversification Another way of assisting low - income people toward self - sufficiency is through providing better paying employment. Supporting economic diversification is the County's second highest priority. Economic Development — Job Creation CDBG funds will be used to create 10 new FTE's at the lmrnokalee Airport in its Florida Tradeport facility as part of an economic incentive package to attract manufacturing jobs to the Immokalee area. This project would eventually create 1,000 new jobs. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 88 0 ;, 49 Public Facilities Improvements for Low - Income Areas — The County supports the development and implementation of public facilities and improvements for low- income households in identified areas. Addition of Senior Citizen Activity Center - Year II CDBG funds will be used by the Collier County Department of Parks and Recreation in conjunction with the Collier County Department of Human Services for a permanent home for the Senior Connections program at East Naples Community Park. The proposed activity is the design and construction of a 2,400 - square -foot wing addition to the existing Community Center facility resulting in a permanent Senior Center. This expanded facility will enable Senior Connections of SW FL, a nonprofit corporation, to double the number of seniors currently served through its on -site lunch program. This expanded facility will allow Senior Connections to expand its current services to the low- income elderly residents from the surrounding neighborhoods, as well as introduce new programs such as transportation allowing the recruitment of additional participants in the program. This is the second year of funding of a three -year project. Copeland Copeland/Lee Cypress is located just west of CR29 and about %2 way between I -75 and US41, surrounded on three sides by the Fakahatchee Strand Preserve. Originally developed as housing to support the timber industry in the early 1900'x, the community has remained relatively stable. Through the use of a HUD approved Income Survey instrument, the community of Copeland/Lee Cypress has been determined to be a low - income area, therefore qualifying it for the expenditure of CDBG dollars. Through the recent Income Survey process, seventy -four (74) out of seventy -six (76) households were surveyed. Seventy households (70) were below low and moderate income and four (4) households were above low and moderate - income levels. Over the next several months, FAH staff plans to develop and implement a housing survey to determine the current state of conditions of the housing stock, properties, open space and sanitation of Copeland. The following projects will be carried out in Copeland: Water Line Repair/Burial CDBG funds will be used to assist sixteen (16) families through the installation of water pipe to substantially improve their water connection. The community currently receives its water service from the Copeland Water Co -Op, a privately owned utility cooperative. Per the HUD Code of Federal Regulations at CFR 5 570.201 (1) CDBG funds may be used to acquire, construct, Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 8B 50 reconstruct, rehabilitate, or install the distribution lines and facilities of privately owned utilities, including the placing underground of new or existing distribution facilities and lines. Street lighting Enhancement Project — Phase II CDBG funds will be used to purchase, install and maintain streetlights. The overall project involves the installation of streetlights in Copeland/Lee Cypress for resident welfare and safety reasons as well as to reduce criminal activity and pedestrian, bicycling and vehicular accidents along poorly lit streets and intersections. Phase II will provide installation of approximately 15 lights in the northern section of the community and funds to operate them for a period of seven (7) years. After that time, the Copeland Civic Association will assume responsibility for the cost of operating the streetlights. Land Acquisition CDBG funds will be used by the County to purchase land that will be used in the development of a facility to benefit the community, the exact purpose of which will be determined by the residents. Demolition and Clearance CDBG funds will be used to demolish and remove unsafe structures in the Copeland/Lee Cypress community. Clearance, demolition, and removal of unsafe structures will assist the overall community in its efforts to improve and rehabilitate existing housing stock as well as encourage the development of new housing. Public Services — Unlike most Counties in Florida, Collier County does not contribute any funds to social services beyond what is mandated. CDBG funds, while limited to 15 %, are necessary to provide social services to low- income residents. Mental Health Services Program CDBG funds will be used by the David Lawrence Center to fund the Psychiatric Outpatient Routine and Urgent Services program. This program will provide psychiatric care, nursing and licensed clinician staff and medications for 125 additional patients in the Urgent Care program and 18 — additional patients per week will receive patient assistance or indigent drug coverage. Youth and Family Services Prevention Program CDBG funds will be used by Youth Haven to fund the Natural Helper Program, which assists diverse at -risk children, prenatal to three years, and their families, to prevent child abuse, abandonment and neglect. This program will assist 600 participants and 150 families. Immokalee Youth Services Program CDBG funds will be used by The Empowerment Alliance of Southwest Florida to coordinate and manage a youth employment program in Immokalee. The program will serve 25 -30 teenagers between the ages of 15 and 19. The youth will work in non - profit organizations and government agencies such as Parks and Recreation. They will also attend weekly training sessions on employability and life skills covering items such as interviewing, customer service, handling a paycheck and opening a bank account. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida t8B 51 Participating Jurisdictions In 2003, Collier County entered into participating parties agreement with the cities of Naples and Marco Island to qualify for an entitlement status to receive the CDBG funding directly from HUD. City of Naples CDBG funds along with the City's funds will be used to fund two public improvement projects in — the Carver -River Park neighborhood, which is a low- income, minority neighborhood. These activities include alley, streetlight and landscaping improvements. City of Marco Island CDBG funds along with the City's funds will be used for reconstruction and expansion of an existing deficient storm water drainage facility in the low- income area. ESG -' The objectives of the Emergency Shelter Grants program are to increase the number and quality of emergency shelters and transitional housing facilities for homeless individuals and families, to operate these facilities and provide essential social services, and to help prevent homelessness. Emergency Shelter Operations — Immokalee ESG funds will be used to provide funds for emergency shelter operations for homeless individuals and families in Immokalee. Fair Housing Collier County has successfully completed its Analysis of — Impediments and has made an effort to participate in activities that affirmatively further fair housing. — CDBG funds will be used to provide information and educate the public about their rights under Fair Housing regulations. The County will sponsor as well as participate in Fair Housing seminars as well as continue to develop its Fair Housing Initiatives Program. EQUAL HOUSING OPPORTUNITY THE FAIR HOUSING ACT PROHIBITS DISCRIMINATION BASED ON RACE, SEX, NATIONAL ORIGIN, COLOR, RELIGION, HANDICAP AND FAMILIAL STATUS. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 8B 36 4.0 ONE YEAR ACTION PLAN " This One Year Action Plan provides details on the specific activities the County will undertake during the fiscal year 2004 -2005 to implement its Five Year Strategic Plan. Consolidated Plan One -Year Action Plan FY2004 -2005 Collier County, Florida �88 APPLICATION Federal Standard Form Number 424 is the basic form that the County utilizes to apply for federal funding. THIS PAGE INTENTIONALLY LEFT BLANK Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida RESOURCES (FUNDING SOURCES) 88 a 38 The following resources are anticipated to be available in FY 2004 -2005 to undertake these activities. Federal _- Community Development Block Grant (CDBG) FY 2004 -2005 $2,765,000 CDBG Carry over funds from FY 2003 -2004 20,000 Total Available CDBG Funds 2,785,000 Housing Investment Partnerships (HOME) FY 2004 -2005 787,000 American Dream Downpayment Initiative [FY (03) & FY (04)] 93,307 Total Available HOME Funds Emergency Shelter Grant (ESG) FY 2004 -2005 $96,461 Total Available CDBG, HOME, ADDI and ESG Funds $3,761,768 Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida ;88 Funding Sources Entitlement Grant (includes reallocated funds) CDBG $2,765,000 ESG $ 96,461 HOME $ 880,307 HOPWA $ -0- Total $3,741,768 Prior Year's Program Income NOT previously programmed or reported CDBG $ -0- ESG $ -0- HOME $ -0- HOPWA $ -0- Total $0 Reprogrammed Prior Year's Funds CDBG $ 20,000 ESG $ -0- HOME $ -0- HOPWA $ -0- Total $ 20,000 Total Estimated Program Income $0 Section 108 Loan Guarantee Fund $0 TOTAL FUNDING SOURCES $ Other Funds $0 Submitted Proposed Projects Totals $3,761,768 Un- Submitted Proposed Projects Totals $0 Other Funds $0 Submitted Proposed Projects Totals $3,761,768 Un- Submitted Proposed Projects Totals $0 Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 8B • 40 IDENTIFIED NEEDS AND ACTIVITIES TO BE UNDERTAKEN WITH FEDERAL RESOURCES The Following tables identify the needs for: Special Needs/Non- homeless Housing Needs; Continuum of Care Gaps Analysis — Individuals; Continuum of Care Gaps Analysis — Persons in Families with Children; and Community Needs. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida { 88 41 Special Needs of Non - Homeless Sub - Populations Priority Need Estimated Dollars to Address Elderly Low $500,000 Frail Elderly Low $500,000 Severe Mental Illness Low $500,000 Developmentally Disabled Low $500,000 Physically Disabled Low $500,000 Persons w/ AlcohoUOther Drug Addiction Low $500,000 Persons w/ HIV /AIDS Low $500,000 Other Total $3,500,000 Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida '8B 42 Priority Needs Summary Table PRIORITY HOUSING NEEDS (Households) Priority Need Level Estimated Units Estimated Dollars to Address Renter Small Related 0 -30% of MFI High 2,000 $20,000,000 31-50% of MFI Medium 1,000 $10,000,000 51 -80% of MFI Low 1,000 $10,000,000 Large Related 0 -30% of MFI High 500 $5,000,000 31 -50% of MFI Medium 500 $5,000,000 51 -80% of MFI Low 500 $5,000,000 Elderly 0 -30% of MFI Medium 400 $1,000,000 31 -50% of MFI Medium 100 $200,000 51 -80% of MFI Low 100 $200,000 All Other 0 -30% of MFI High 1,000 $1,000,000 31 -50% of MFI Medium 1,000 $1,000,000 51 -80% of MFl Low 1,000 $1,000,000 Owner 0 -30% of MFI High 2,500 $25,000,000 31 -50% of MFI Medium 2,500 $25,000,000 51 -80% of MFI Low 2,500 $25,000,000 Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 88 r 43 * *Homeless and Special Needs Population I nn ►n� _ PERSONS IN FAMILIES WITH CHILDREN Estimated Need Current Invento Unmet Need/Gap Relative Prioritv Emergency Shelter 343 144 199 H Beds/Units Transitional Housing 185 20 165 M Permanent Housing Permanent Housing 158 22 1 136 L Total 686 186 500 Estimated Supportive Job Training 315 157 158 L Case Management Case Management 631 303 328 H Estimated Supportive Services Slots Substance Abuse Treatment 274 137 137 L Mental Health Care 398 200 198 M Housing Placement 549 220 329 H Housing Placement Life Skills Training 480 240 240 M Life Skills Training Other (Health Care) 514 257 257 M Other (Health Care) Other (Transportation) 617 370 247 M Other (Transportation) Chronic Substance Abusers 301 150 151 H Chronic Substance Abusers Seriously Mentally Ill 137 69 68 M Seriously Mentally Ill Dually-Diagnosed 130 52 78 M Estimated Sub- Veterans 69 35 34 L Populations Persons with HIV /AIDS 23 12 11 L 13 Victims of Domestic Violence 261 138 123 H 231 Youth 75 35 40 L 33 Other (Physically Disabled) 27 13 14 L PERSONS IN FAMILIES WITH CHILDREN **At the time of this draft writing, the 2004 Homeless Point -in -Time Survey had not yet occurred - The 2004 numbers will be included in the Final Consolidated Plan One -Year Action Plan for FY 04-05. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida Estimated Need Current Inventor Unmet Need/Gap Relative Priority Emergency Shelter 210 66 144 H Beds/Units Transitional Housing 176 47 129 M Permanent Housing 34 0 34 L Total 420 113 307 Estimated Supportive Job Training 256 102 154 L Case Management 386 154 232 H Child Care 244 65 179 M Substance Abuse Treatment 177 68 109 L Services Slots Mental Health Care 260 102 158 M Housing Placement 362 109 253 H Life Skills Training 295 115 180 M Other (Health Care) 315 122 193 M Other (Transportation) 378 227 151 L Chronic Substance Abusers 185 74 111 H Seriously Mentally Ill 50 20 30 M Dually-Diagnosed 80 32 48 M Estimated Sub- Populations Veterans 13 5 8 L Persons with HIV /AIDS 13 5 8 L Victims of Domestic Violence 231 138 93 H Other (ESL Language) 33 13 20 L **At the time of this draft writing, the 2004 Homeless Point -in -Time Survey had not yet occurred - The 2004 numbers will be included in the Final Consolidated Plan One -Year Action Plan for FY 04-05. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida �8B ,. COMMUNITY DEVELOPMENT NEEDS PRIORITY COMMUNITY DEVELOPMENT NEEDS Need Level Estimated Priority Units Estimated Dollars to Address PUBLIC FACILITY NEEDS Overall Hi h 22 $5,750,000 Public Facilities & improvements (General 03 Hi 10 $2,500,000 Handicapped Centers 03B Low 0 $0 Neighborhood Facilities 03E) High 5 $2,500,000 Parks and/or Recreation Facilities 03F) High 5 $250,000 Parking Facilities (03G) Low 0 $0 Solid Waste Disposal Improvements 03 Low 0 $0 Fire Stations/Equipment 030 Med 0 $0 Health Facilities 03P Med 2 $500,000 Asbestos Removal 03R) Low 0 $0 Clean-up of Contaminated Sites 04A) Low 0 $0 Interim Assistance (06) Non - Residential Historic Preservation 1613 Low Low 0 0 $0 $0 INFRASTRUCTURE Overall High 72,510 $13,100,000 Flood Drain Improvements 03 High 2,500 $2,500,000 Water /Sewer Improvements 03n High 10,000 $3,000,000 Street Improvements (03K) Hi 50,000 $6,250,000 Sidewalks 03L Med 10,000 $1,000,000 Tree Planting (03N) Removal of Architectural Barriers 10) Low Low 5 5 $250,000 $100,000 Privately Owned Utilities (11) Low 0 $0 PUBLIC SERVICE NEEDS Overall Hi 11,500 $3,500,000 Public Services (General (05) ) Hi 5,000 $500,000 Handicapped Services 05B) Leal Services (05C) Low LOW 0 0 $0 $0 Transportation Services 05E) Hi 1,000 $1,000,000 Substance Abuse Services 05F Low 0 $0 Employment Trainin 05 High 500 $1,000,000 Health Services (05K High 5,000 $1,000,000 Mental Health Services (050) Low 0 $0 Screening for Lead -Based Paint/Lead Hazard 05P) Low 0 $0 ANTI -CRIME PROGRAMS Overall Low 1 $10,000 Crime Awareness 05I) Low 1 $10,000 YOUTH PROGRAMS Overall Med 10,509 $12,000,000 Youth Centers 031)) Med 2 $1,000,000 Child Care Centers 03 Med 5 $2,500,000 Abused and Neglected Children Facilities (03Q) Med 2 $1,000,000 Youth Services (051)) Med 5,000 $2,000,000 Child Care Services (05L) Med 5,000 $5,000,000 Abused and Neglected Children (05N ) Med 500 $500,000 SENIOR PROGRAMS li Overall Low 0 $0 Senior Centers (03A) Low 0 $0 Senior Services (05A) Low 0 $0 Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida `8B W ECONOMIC DEVELOPMENT Overall High 13 $13,500,000 Rehab; Publicly or Privately -Owned Commercial/Industrial 14E High 1 $100,000 CI Land Acquisition/Disposition 17A) Low 0 $0 CI Infrastructure Development (17B) High 1 $1,000,000 CI Building Acquisition, Construction (17C) High 3 $11,500,000 Other Commercial/industrial Improvements 171) High 2 $500,000 ED Direct Financial Assistance For -Profit (18A) High 2 $200,000 ED Technical Assistance (18B) High 2 $100,000 Micro-Enterprise Assistance 18C) High 2 $100,000 PLANNING & ADMINISTRATION Overall High 0 $o TOTAL ESTIMATED DOLLARS NEEDED $47,800,000 Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 8B .e ACTIVITIES TO BE UNDERTAKEN Following is the Use of Funds for the fiscal 2004- 2005- program year: CDBG: Street Improvements — City of Naples $137,000 Storm Drainage Improvements — Marco Island 89,000 Land Acquisition - Immokalee 758,000 Job Creation — h-nmokalee 300,000 Senior Center Addition — East Naples 255,000 Public Facilities Improvements - Copeland 397,000 Affordable Housing — Rehabilitation 100,000 Mental Health Services Program — Countywide 100,000 Youth and Family Services Prevention Program — Countywide 92,000 Youth Employment Program - Immokalee 50,000 Fair Housing — Education and Outreach 3,000 �. Program Planning and Administration 504,000 TOTAL CDBG $2,785,000 HOME & ADDI: CHDO set -aside $200,000 Residential Rehabilitation assistance 270,000 — Tenant Based Rental Assistance 200,000 Downpayment assistance — American Dream Downpayment Initiative 93,307 CHDO Capacity Building 39,000 - Program Planning and Administration 78,000 TOTAL HOME & ADDI $880,307 ESG: — Emergency Shelter Operating — Immokalee $96,461 TOTAL ESG $96,461 TOTAL FUNDS ALL PROGRAMS $3,741,768 Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 47 The following narratives and tables demonstrate the activities that will be undertaken during the fiscal year 2004 -2005 by the County to address priority needs in terms of local priorities identified in the five -year strategy. For each activity, the listing provides details on the type of project, the funding level, the location, as well as on the number and type of income households or people it is designed to assist and a target date for completion of the activity. Project Descriptions Affordable Housing Programs CDBG, HOME and SHIP resources provide Collier County with the means to assist residents with the purchase of housing, or the rehabilitation of substandard housing for residents with incomes of 80% or less than the median income for Collier County ($63,000 being median income for all household sizes). The Financial Administration and Housing Department uses SHIP and HOME funds to match applicable federal dollars for its general housing rehabilitation program and homeownership programs. All of Collier County's affordable housing programs are based on a first -come, first - served basis, with preference given to residents of the target areas, elderly and disabled residents and emergency /life - threatening conditions. All affordable housing programs conform to specific CDBG, HOME and SHIP regulations. CDBG funds are also spent on infrastructure support (water & sewer line installation, sidewalks, entry roads & site preparations) for affordable housing developments. Land Acquisition CDBG funds will be used by the County as leverage to assist in the development of affordable housing through nonprofit Community Based Development Organizations (CBDO). This use of CDBG funds meets the number one priority of the County 5 -Year Consolidated Plan to support the provision of affordable housing for its low- income (below 50% of MFI) working poor residents. CDBG funds will be used by the County to purchase land in Immokalee and work with non - profit affordable housing developers to rehabilitate and construct affordable housing projects. Housing Rehabilitation Assistance HOME and SHIP funds will be used to maintain affordable housing by assisting approximately 13 low - income homeowners with the rehabilitation of their primary residence. The maximum HOME assistance for rehabilitation is $15,000 per residence. Assistance of this program is secured by a ten -year, amortizing, forgivable deferred mortgage. As long as the original owner continues to Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 8B 40 occupy the rehabilitated units for the full term of the forgivable deferred mortgage, no interest shall accrue and no monthly payments are required. If sale, refinancing or transfer of title occurs during the mortgage period, the amortized amount of assistance is due without interest. Down Payment Assistance ADDI and SHIP funds will be used to maintain affordable housing by assisting approximately 9 low and moderate - income first -time homebuyer families with downpayment/closing cost assistance. The maximum ADDI assistance is a grant of $10,000, or six percent of the purchase price of the home, whichever is greater. The maximum price of a new home cannot exceed $150,000. Assistance of this program is secured by a 5 -year, amortizing, and forgivable deferred mortgage. Neither interest nor payments are made as long as the property is homesteaded and used as the original purchaser's primary residence. If a sale, refinancing, or transfer of title occurs; or the property is not used as the homebuyer's permanent residence during the County's five -year mortgage term, the mortgage becomes immediately due and payable. Tenant Based Rental Assistance (TBRA) HOME funds will be used to partner with the Collier County Housing Authority (CHA) to provide TBRA to assist tenants with the costs associated with their housing. This assistance will provide funds to make up the difference between 30% of the amount of income a qualified household can afford to pay for housing and local rent standards. TBRA can also be used to assist tenants for housing costs such as security and utility deposits. The program will follow all Section 8 guidelines. TBRA will better help the County meet the fluctuating demand for housing. Community Housing Development Organization (CHDO) HOME funds will be used to support the affordable housing activities of CHDO's serving Collier County. The County, as a participating jurisdiction (PJ) must invest (set aside) at least 15 percent (15 %) of its total HOME allocation to projects that are owned, developed or sponsored by Community Housing Development Organizations (CHDO's), and which result in the development of homeownership or rental units. Additionally, the County may allocate up to five percent (5 %) of its total allocation as CHDO operating funds, and may provide these funds to CHDO's to help them pay their operating costs and build their capacity to develop successful affordable housing projects and programs. Economic Diversification Another way of assisting low- income people toward self - sufficiency is through providing better paying employment. Supporting economic diversification is the County's second highest priority. Economic Development — Job Creation CDBG funds will be used to create 10 new FTE's at the Immokalee Airport in its Florida Tradeport facility as part of an economic incentive package to attract manufacturing jobs to the Immokalee area. This project would eventually create 1,000 new jobs. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 88 49 ■ Public Facilities Improvements for Low - Income Areas The County supports the development and implementation of public facilities and improvements for low - income households in identified areas. Addition of Senior Citizen Activity Center - Year II CDBG funds will be used by the Collier County Department of Parks and Recreation in conjunction with the Collier County Department of Human Services for a permanent home for the Senior Connections program at East Naples Community Park. The proposed activity is the design and construction of a 2,400 - square -foot wing addition to the existing Community Center facility resulting in a permanent Senior Center. This expanded facility will enable Senior Connections of SW FL, a nonprofit corporation, to double the number of seniors currently served through its on -site lunch program. This expanded facility will allow Senior Connections to expand its current services to the low- income elderly residents from the surrounding neighborhoods, as well as introduce new programs such as transportation allowing the recruitment of additional participants in the program. This is the second year of funding of a three -year project. Copeland Copeland/Lee Cypress is located just west of CR29 and about %2 way between I -75 and US41, surrounded on three sides by the Fakahatchee Strand Preserve. Originally developed as housing to support the timber industry in the early 1900's, the community has remained relatively stable. Through the use of a HUD approved Income Survey instrument, the community of Copeland/Lee Cypress has been determined to be a low- income area, therefore qualifying it for the expenditure of CDBG dollars. Through the recent Income Survey process, seventy -four (74) out of seventy -six (76) households were surveyed. Seventy households (70) were below low and moderate income and four (4) households were above low and moderate - income levels. Over the next several months, FAH staff plans to develop and implement a housing survey to determine the current state of conditions of the housing stock, properties, open space and sanitation of Copeland. The following projects will be carried out in Copeland: Water Line Repair/Burial CDBG funds will be used to assist sixteen (16) families through the installation of water pipe to substantially improve their water connection. The community currently receives its water service from the Copeland Water Co -Op, a privately owned utility cooperative. Per the HUD Code of Federal Regulations at CFR S 570.201 (1) CDBG funds may be used to acquire, construct, Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida m 50 reconstruct, rehabilitate, or install the distribution lines and facilities of privately owned utilities, including the placing underground of new or existing distribution facilities and lines. Street lighting Enhancement Project — Phase II CDBG funds will be used to purchase, install and maintain streetlights. The overall project involves the installation of streetlights in Copeland/Lee Cypress for resident welfare and safety reasons as well as to reduce criminal activity and pedestrian, bicycling and vehicular accidents along poorly lit streets and intersections. Phase II will provide installation of approximately 15 lights in the northern section of the community and funds to operate them for a period of seven (7) years. After that time, the Copeland Civic Association will assume responsibility for the cost of operating the streetlights. Land Acquisition CDBG funds will be used by the County to purchase land that will be used in the development of a facility to benefit the community, the exact purpose of which will be determined by the residents. Demolition and Clearance CDBG funds will be used to demolish and remove unsafe structures in the Copeland/Lee Cypress community. Clearance, demolition, and removal of unsafe structures will assist the overall community in its efforts to improve and rehabilitate existing housing stock as well as encourage the development of new housing. Public Services Unlike most Counties in Florida, Collier County does not contribute any funds to social services beyond what is mandated. CDBG funds, while limited to 15 %, are necessary to provide social services to low- income residents. Mental Health Services Program CDBG funds will be used by the David Lawrence Center to fund the Psychiatric Outpatient Routine and Urgent Services program. This program will provide psychiatric care, nursing and licensed clinician staff and medications for 125 additional patients in the Urgent Care program and 18 — additional patients per week will receive patient assistance or indigent drug coverage. Youth and Family Services Prevention Program CDBG funds will be used by Youth Haven to fund the Natural Helper Program, which assists diverse at -risk children, prenatal to three years, and their families, to prevent child abuse, abandonment and neglect. This program will assist 600 participants and 150 families. Immokalee Youth Services Program CDBG funds will be used by The Empowerment Alliance of Southwest Florida to coordinate and manage a youth employment program in Immokalee. The program will serve 25 -30 teenagers between the ages of 15 and 19. The youth will work in non - profit organizations and government — agencies such as Parks and Recreation. They will also attend weekly training sessions on employability and life skills covering items such as interviewing, customer service, handling a paycheck and opening a bank account. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida �i 8a 51 Participating Jurisdictions In 2003, Collier County entered into participating parties agreement with the cities of Naples and Marco Island to qualify for an entitlement status to receive the CDBG funding directly from HUD. City of Naples CDBG funds along with the City's funds will be used to fund two public improvement projects in the Carver -River Park neighborhood, which is a low- income, minority neighborhood. These activities include alley, streetlight and landscaping improvements. City of Marco Island CDBG funds along with the City's funds will be used for reconstruction and expansion of an existing deficient storm water drainage facility in the low- income area. ESG The objectives of the Emergency Shelter Grants program are to increase the number and quality of emergency shelters and transitional housing facilities for homeless individuals and families, to operate these facilities and provide essential social services, and to help prevent homelessness. Emergency Shelter Operations — Immokalee ESG funds will be used to provide funds for emergency shelter operations for homeless individuals and families in Immokalee. Fair Housing Collier County has successfully completed its Analysis of Impediments and has made an effort to participate in activities that affirmatively further fair housing. CDBG funds will be used to provide information and educate the public about their rights under Fair Housing regulations. The County will sponsor as well as participate in Fair Housing seminars as well as continue to develop its Fair Housing Initiatives Program. EQUAL HOUSING OPPORTUNITY THE FAIR HOUSING ACT PROHIBITS DISCRIMINATION BASED ON RACE, SEX, NATIONAL ORIGIN, COLOR, RELIGION, HANDICAP AND FAMILIAL STATUS. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida HUD PROPOSED PROJECT TABLES Consolidated Plan One-Year Action Plan FY 2004-2005 Collier County, Florida A H �A � O iLi F�1 Q IZT kr) 0 0 o° 0 0 cd Q ai o Q s�. o U 0 a� i O y � O U zz �a¢z Q 0 > �y � � N � o O 6? 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In addition, maps showing the location of racial concentrations and the areas of low- income concentration in the County and Lead Poisoning Screening map are attached. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 0 T46S T47S T48S T49S T50S T51S T52S I T53S ALN1100 aaYMOaa A1N000 30VO W N 1 to II o s FE 4 ea O W W tip o d W¢ 6z -Ws sz -aa Z / = F > a N oa W f a_ u�iw rn CIA i \ Z p E cc Z sz =a•s •� \ � 5Q � o Q i V>O o ¢ VJa Q6 y WN Z� d �6rp a ra U co ¢ Z W LIJ CL 00 J¢ ¢ � a zQ ui W ALNnOO 331 W W W U C-4 W W p Q C01 cS LL d O � 9 y� ti US r LSB C3 cc MG -'a•S Q N ' to ¢ O g V■_ SL -1 a 3 0 'Oa dMv N SIR W LL zbg LO % O Lr - -n Q rl cli W NONNI Z W cc •— ¢ ¢ j i3 s iT MOEN Mexico 29 � � a Q Gulf �'Q of moo z o H m LL N Q ' Z ` a o Z O W a cn MESON c S 41 O O � � V } 2' W N O N , 2 O = �,p O Wald N ¢ V W s W W m0 0-2 AINOOO AHQN3H W w y 1 to II o s FE 4 ea O W W tip o d W¢ 6z -Ws sz -aa Z / = F > a N oa W f a_ u�iw rn CIA i \ Z p E cc Z sz =a•s •� \ � 5Q � o Q i V>O o ¢ VJa Q6 y WN Z� d �6rp a ra U co ¢ Z W LIJ CL 00 J¢ ¢ � a zQ ui W ALNnOO 331 W W W U C-4 W W p Q C01 cS LL d O � 9 y� ti US r LSB C3 cc MG -'a•S Q N ' to ¢ O g V■_ SL -1 a 3 0 'Oa dMv N SIR W LL zbg LO % O Lr - -n Q rl cli W NONNI Z W cc •— ¢ ¢ j i3 s iT MOEN Mexico 29 � � a Q Gulf �'Q of moo z o H m LL N Q ' Z ` a o lob rum rk; + n is "XT l Black or African American Population Collier County 2000 By Census Block Groups Black or African American 0%-9.9% 10%-29.9% -30%-49.9% - 50%-68.2% v q ft ,I 3 ,per J El r Low and Moderate Income Collier County 2002 By Census Tracts Low and Moderate Income 11.2% - 50.9% 51% - 60.9% - 61% -70.9% - 71% -80.9% - B1% - 100% W 0 y U M,, 0 Jim ISM C O za U M M M M N Cl) 1 06 1- r Jim O U 1 06 1- r 8B 7 5.0 MONITORING The County will perform on -site monitoring for federal, state and contract compliance of each of it: sub recipients at least once each year. Technical assistance will be included with the monitoring The monitoring program includes in -house review of every payment request. Prior to the end of each program year, an in -house review will be conducted to evaluate compliance progress, technical assistance needs, and future fundability. The Financial Administration and Housing Department's systems have been developed for the ongoing management of its' programs. These systems are in place to ensure compliance with all comprehensive planning requirements and may include the use of checklists, tracking sheets, annual calendars, monthly reports, program procedures manual and operational checks and balances. Consolidated Plan One -Year Acaion Plan FY 2004 -2005 Collier County, Florida X88 w 6.0 CERTIFICATIONS The Following certifications are included as required by the Title 24 Housing and Urban Development /24 CFR 91.225. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida c 8 B • 78 6.0 CERTIFICATIONS The Following certifications are included as required by the Title 24 Housing and Urban Development/24 CFR 91.225. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida � �41# w Certifications In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the _ jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti- displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug -free workplace by: - 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug -free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug -free workplace; - (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug - statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 8 8 80 to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti - Lobbying -- To the best of the jurisdiction's knowledge and belief. 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in — accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti - lobbying certification be -- included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it _ is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 88 -81- Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Donna Fiala, Chairman Collier County Board of County Commissioners Collier County, Florida Date Approved as to form & legal sufficiency Patrick G. White, Assistant County Attorney Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida >t 8 B • -82- Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long -term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2001, 2002, and 2003 (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with -- respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida • -83 - financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate - income (not low- income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non - violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non - violent civil rights demonstrations within its jurisdiction; Compliance With Anti- discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601 - 3619), and implementing regulations. Lead -Based Paint -- Its notification, inspection, testing and abatement procedures concerning lead - based paint will comply with the requirements of 24 CFR §570.608; Compliance with Laws -- It will comply with applicable laws. Donna Fiala, Chairman - Collier County Board of County Commissioners Collier County, Florida Approved as to form & legal sufficiency Date Patrick G. White, Assistant County Attorney Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 86 Specific HOME Certifications r -84- The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance — If the participating jurisdiction intends to provide tenant -based rental assistance: The use of HOME funds for tenant -based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs — it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in 24 CFR § 92.214. Appropriate Financial Assistance — before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing. Donna Fiala, Chairman Collier County Board of County Commissioners Collier County, Florida -. Approved as to form & legal sufficiency Date Patrick G. White, Assistant County Attorney Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida Specific ESG Certifications R -85- The Emergency Shelter Grantee certifies that: Major Rehabilitation/Conversion — It will maintain any building for which assistance is used under the ESG program as a shelter for homeless individuals and families for at least 10 years. If the jurisdiction plans to use funds for purposes less than tenant -based rental assistance, the applicant will maintain any building for which assistance is used under the ESG program as a shelter for homeless individuals and families for at least 3 years. Essential Services — It will provide services or shelter to homeless individuals and families for the period during which the ESG assistance is provided, without regard to a particular site or structure as long as the same general population is served. Renovation — Any renovation carried out with ESG assistance shall be sufficient to ensure that the building involved is safe and sanitary. Supportive Services — It will assist homeless individuals in obtaining appropriate supportive services, including permanent housing, medical and mental health treatment, counseling, supervision, and other services essential for achieving independent living, and other Federal State, local, and private assistance. Matching Funds — It will obtain matching amounts required under CFR §576.71 of this title. Confidentiality — It will develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the ESG program, -' including protection against the release of the address or location of any family violence shelter project except with the written authorization of the person responsible for the operation of that shelter. Homeless Persons Involvement — To the maximum extent practicable, it will involve, through employment, volunteer services, or otherwise, homeless individuals and families in constructing, renovating, maintaining, operating facilities, and providing services assisted through this program. Donna Fiala, Chairman Collier County Board of County Commissioners Collier County, Florida Approved as to form & legal sufficiency Date Patrick G. White, Assistant County Attorney Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida • 1 r • � APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG -FREE WORKPLACE REQUIREMENTS: A. Lobbying, Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug -Free Workplace Certification 1. By signing and /or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug -free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 8Bt87- Place of Performance (Street address, city, county, state, zip code): Collier County Board of Commissioners Administration Building 3301 East Tamiami Trail Naples, FL 34112 -and- Collier County Financial Administration and Housing Department 2800 North Horseshoe Drive, Suite 400 Naples, FL 34104 - Check ` if there are workplaces on file that are not identified here. The certification with regard to the drug -free workplace is required by 24 CFR part 24, subpart F. 7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the - Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non - Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are - on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Donna Fiala, Chairman Approved as to form & legal sufficiency Collier County Board of County Commissioners Collier County, Florida ® Date Patrick G. White, Assistant County Attorney Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 7.0 APPENDIX 8B. Consolidated Plan One-Year Action Plan FY 2004 -2005 Collier County, Florida 86 R 89 ADOPTING RESOLUTION This page intentionally left blank Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida CITIZEN PARTICIPATION PLAN Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 8B N 90 OR: 27614 PG: 0781 tq R, Collier County 'PIT I J, JAN 0 9 2001 Pg OR; 2764 PG; 0782 88 CONTENTS INTRODUCTION SECTION 1 PUBLIC MEETINGS SECTION 2 TECHNICAL ASSISTANCE SECTION 3 PROJECT IDENTIFICATION SECTION 4 PUBLIC HEARINGS 1. Review of Program Performance Hearing 2. Community Development Needs Hearing 3. Notices of Meetings and Hearings SECTION 5 BOARD OF COUNTY COMMISSIONERS (BCC) SECTION 6 PROGRAM INFORMATION SECTION 7 HANDICAPPED AND BILINGUAL PROVISIONS SECTION 8 COMPLAINTS AND INQUIRIES SECTION 9 SUBMISSION OF CONSOLIDATED PLAN SECTION 10 CITIZEN PARTICIPATION PLAN UPDATE OR: 2764_ PG: 0783 Introduction ; 8Bft In conformance with the provisions of 24 CFR (Code of Federal Regulations) 91, "Consolidated Submissions for Community Plamiing and Development Programs" and more specifically with the provisions of 24 CFR 91.401 and 24 CFR 91.105, Collier County has adopted the following Citizen Participation Plan. Required by HUD regulation and Public Law 100 -242, this Consolidated Plan outlines the methods used in the development of the annual Consolidated Plan and describes how Collier County provides for maximum citizen participation in the development of the Plan. The method established by Collier County for allowing citizen participation and input for the development of the Consolidated Plan provides for the most basic and appropriate level of participation. It is the intent of the County to provide for the maximum level of citizen participation, in order to gather the most meaningful, thorough and effective input from its citizens. A process consisting of the following steps maximizes citizen participation in the development of the Consolidated Plan: 1. Public meetings. 2. Technical assistance for citizens groups and organizations in developing funding proposals. 3. Solicitation of project requests and proposals. 4. Public hearings. 5. Advertisements for a 30 -day public comment period. 6. Board of County Commissioners' approval. 7. Program information. 8. Handicapped and bilingual provisions. 9. Complaints and inquiries. °- 10. Submission of the Consolidated Plan. Citizen participation requirements shall not be construed to restrict the responsibility or authority of the County for the development and execution of its community development block grant program activities. The Board of County Commissioners remains the sole approving authority for the program and any amendments. No. — 7 TM t )�v JAN 0 9 2001 OR. 2164 PG, 01$4 88 SECTION 1 PUBLIC MEETINGS Public meetings will be held at various locations including available public buildings, or other locations convenient to the residents of the County. Meeting times will also be convenient to residents and held at night. SECTION 2 TECHNICAL ASSISTANCE Technical assistance will be provided for individual citizens, citizen groups, eligible nonprofit organizations and participating cities who need such assistance in developing project proposals. - Such assistance is available upon request from the Housing and Urban Improvement Office of the County. Assistance and information provided include lower income population benefit data (per area), applicable regulations, maps and other data, if available. Groups or individuals needing technical assistance should contact the County's Housing and Urban Improvement (HUI) Office at 941/403 -2330. SECTION 3 PROJECT IDENTIFICATION Based on input from the public meetings and discussions with individual citizens, citizen groups, nonprofit organizations and participating cities, County and City staff will identify additional - projects in addition to those submitted directly. Staff will then summarize each project request for citizen and public review. SECTION 4 PUBLIC HEARINGS W At the beginning of the Consolidated Plan development process, the public is notified through public notices and mailouts on the amount of grant funds expected, and of the dates and times of hearings. They are encouraged to participate in public hearings to obtain their comments. The public hearings held for the Consolidated Plan are designed to give the County's residents full disclosure of the funding programs and their operations. The hearings allow the County to obtain citizens' views, comments and responses to the Consolidated Plan - related proposals, ivqimircments, regulations, and questions. 1. Revi -nv of Program Performance Hearing & Citizen Comment RE: Program Year C.A.P.E.R. (Consolidated Annual Performance and Evaluation Report) Submission A Program Performance Hearing will be held at the end of the program year. Its purpose is to update citizens on the status of past and ongoing projects and on the amount of the program budget expended. It also permits citizens to comment on performance and offer - any suggestions for improvement. Citizens are also provided with copies of the Draft C.A.P.E.R. to be submitted to HUD. Citizen comment is invited at this time. Citizen comments are incorporated into the C.A.P.E.R. for submission to HUD. ACaENQA STEM! - _ -_ - -- _ SAN 0 9 200, 2 OR; 2764 PG; 0785 8B 2. Community Development Needs Hearing The public hearing to address the identification of needs will be held early in the program year to allow citizens to comment on or present their own project proposals. The hearing is presided over by HM staff and provides an opportunity for citizens and organizations to provide input and to respond to activities and questions regarding the grant programs. Attendees are informed of the amount of funds expected, the range of activities that may - be undertaken, the estimated amount of funds, activities likely to displace residents or businesses, if any, the County's plans to minimize such displacement, if any, and the types of assistance the County will make available to displaced persons, if any. 3. Notices of Meetings and Hearings The public will be notified of all hearings through the local media, namely the: 1. Naples Daily News 2. Immokalee Bulletin 3. Public Access Channel 54 Plans are underway to advertise via the County's Internet Website. Notices will be published approximately 10 -15 days prior to each hearing. SECTION 5 BOARD OF COUNTY COMMISSIONERS (BCC) The BCC has ultimate responsibility for the Consolidated Plan as the County's elected authority. The BCC's first action is to approve the recommended list of activities for publication (for public - comment). Following the review of the proposed activities, the BCC meets to review and approve the Consolidated Plan. Taking public comment into account, the BCC approves the Consolidated Plan submission prior to submission to HUD. SECTION 6 PROGRAM INFORMATION The following information concerning the program is published in area newspapers: the amount of Community Development Block Grant funds available to the County the eligible range and types of activities for which the funds may be used; the date, time and location of all hearings; The information is disseminated in public buildings located throughout the County. Copies of the Citizen Participation Plan are placed in libraries and the County Services Building. On public record, located in the County Services Building, are all mailings and reports, all minutes and records of meetings and hearings, Grant Agreements, monitoring reports; __ _. _. ___ 1_____ JAN kV 200 Wi OR; 2764 PG; 0786 applications for other programs, Consolidated Plans, Consolidated Annual Performance Ad Evaluation Reports (C.A.P.E.R.) and all program files. These may be reviewed between 8:00 -- a.m. and 5:00 p.m. Monday through Friday. Copies of most items are available upon request at no charge. SECTION 7 HANDICAPPED AND BILINGUAL PROVISIONS -- The County will meet all the handicapped provisions under federal law and will also make provision for bilingual meetings. For, assistance please contact HUI one week before the meeting. SECTION 8 COMPLAINTS AND INQUIRIES Complaints and inquiries concerning the grant programs are conveyed by contacting, in writing or by phone, the CDBG staff office at Housing and Urban Improvement 3050 N. Horseshoe Drive, #145 Naples, Florida 34104 Phone: 941/403-2330 Complaints and related comments may also be offered at the public hearings. Responses to all written complaints and comments received will be provided within 15 working days of receipt. If not satisfied at the local level, complaints may also be made to the Miami Office of the U.S. Department of Housing and Urban Development (HUD) at the following address: -- U.S. Department of Housing and Urban Development Community Planning and Development Division 909 SE First Avenue, Room 500 - Miami, Florida 33131 -3028 SECTION 9 SUBMISSION OF CONSOLIDATED PLAN Following BCC approval of the Consolidated Plan, the Plan will then be submitted to HUD along with certifications of compliance with program requirements. HUD accepts the Consolidated Plan unless the submission is incomplete or lacks all required certifications of program compliance. Following acceptance of the Consolidated Plan and execution of the grant agreement with HUD, the Count can amend its plan to carry out an activity not previously described or to substantially v change the purpose, scope, location or beneficiaries of an activity. The.County has, pursuant to HUD regulation 24 CFR 91.505 (b), developed the following criteria for what constitutes a SUBSTANTIAL CHANGE: AGENDA ITEM \1 - - -- - - - -- - - - - -- .... ._._JAN 049 200 OR; 2764 PG $ 1. 1. The County decides to change the purpose /stated objectives or beneficiaries of an activity. 2. The County decides to change the scope as it relates to the kind of basic eligible activities, or to cancel, or add an activity. 3. The County decides to change the location of an activity. 4. The County decides to make a change in its allocation priorities or a change in the method of the distribution of funds. 5. The County decides to increase the dollar amount of an individual activity identified in the Consolidated Plan Annual Action Plan by at least 50% in the year in which funds were appropriated. Prior to amending its Consolidated Plan for a new activity or a substantial change, the County will publish it in an area newspaper in order to obtain public comment. SECTION 10 CITIZEN PARTICIPATION PLAN UPDATE Collier County's Citizen Participation Plan may be updated and amended as the Board of County Commissioners deems necessay depending upon changes in the applicable regulations, recognized needs by staff, and suggested changes by citizens. All changes, unless mandated by — regulation, will serve to further maximize participation by the County's residents, especially those of lower income. oo -111 No. -- / / _ � )jt JAN 0 9 2001/ PA_ ____ Retn: 2736585 OR; 2764 . PG; 0780 Ric PBE CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, IL COPIES INTBROPPICB 4TH FLOOR 01/11/2001 at 09:28AH DWIGHT B. BROCK, CLERK BIT 1240 RESOLUTION NO. 2001 -_Z A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING A CITIZEN PARTICIPATION PLAN TO GUIDE THE DEVELOPMENT OF COLLIER COUNTY'S FIVE - YEAR CONSOLIDATED PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. 31.50 9.00 88 It WHEREAS, Collier County has been notified by the U.S. Department of Housing and Urban Development (HUD) that Collier County, including its participating cities, is now eligible to enter the Community Development Block Grant (CDBG) program as an Entitlement Community; and WHEREAS, HUD, as a pre- condition for disbursing entitlements, requires an Urban County, such as Collier County, to adopt a plan to guide the participation of its citizens and other m community organizations in the development of Collier County's Consolidated Plan for utilizing the entitlements it receives. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: The Citizen Participation Plan (Plan) attached to this Resolution is incorporated by reference, and is adopted by Collier County as if set forth fully in this Resolution. BE IT FURTHER RESOLVED that this Resolution and attached Plan be recorded by the Clerk of Courts in the Public Records of Collier County, Florida. This Resolution adopted this 91b4i day of J�t_nka- 2001 after motion, second and majority vote favoring same. ATTEST: DWIGI -IT.E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNT ORIDA 'By:aS�r -D.C. ttl e�fp''1�51 i9°�ten'3 By. Rb ;signature only. AN "Approved as to form and I sufficiency: kd Patrick.G. White Assistant County Attorney M ANTUDISPLACEMENT AND RELOCATION PLAN Consolidated Plan One -Year Action Plan FY 2004-2005 Collier County, Florida 88 �4 91 M ANTIDISPLACEMENT AND RELOCATION PLAN .rte v£ -,'.d �y •'.i ..;fir a -t T ' �� `�:�i .. .•` -. -� �h �) �� '� •` �,'�.i • 'i : "� ��': }y`5 J �Y� i7 •,F �: *L rw, :;'* . a� a �"• - w.y� �;;..: �'�::' .'s T '.c' r� ,r4tii _ 'c -• :.w rl%•�:,i.�,: .;,,`ter, s _. - ' - i Imo, A fY.. CiU A IM e. Y = TMLZ or COMTM s DXGPLACEMW AVOIDANCE POLICY standard Condition 1 �L, d. substandard Condition Suitable for Rehabilitation. 1 IZZ. PERMAR4i , XNVOLMMARY DZSPLACEIIE'>!'t 4 r'- A. Provisions far one -for--Ong bplabas ent 5 provisions for,Relamtion Assistance -_' for Residential.Displam- -t C\ Provisions for 7 4 lion- Residential Relocation 7 - 'x`•' =::. IV. TWWORARY, VCLVNTARY DXSVULCMq=T AND RZLOCATION I V. FUMANENT, VOLUNTARY DZSPLACZKELiT AND RELOCATION P >. WEPLAC=gcw a? wommmms 10 -- .:.= 71PP>r7lT# /COilils�.2llti ii �.l ix« ��L+ era' aQi. iat+.: w. a ..�+`:1tsi.a�.f','.v.:c:.:.ilws :....s•:...::z....a+ -.t.. - Yc:� . - .... ._ :a"`t fee ;y w J�r w` FEB 4 1992 I. DISPLACMUDIT AVOIDANCIS POLICY 7. The local government is committed to a policy to make all reasonable efforts to ensure that activities undertaken through the use of Community'Development Block Grant (Cost) 4?x funds will not cause unnecessary displacemsnt or relocation. The CDBQ program will be administered in sure in MA. nM" «�„« 3... - -"' ��•'- a�a °�, js given aurinq the planning phase with regard to avoiding displaewment. The local government will rlao provide information to and keep citizens involved in the process tegarding pending coning and rvsaoninq cations that threaten the preservation of residential areas. Involuntary displacement shall be reserved as a last resort action nsoea- I— sttated only when no other alternative is available and when M :the activity !a determined '•'y- neossesry it order to carry out • }F} Speoifio goal or objective that is of benefit to the public. ' Ii4 this ease oaamtnit decal ` Y op s"t and hous i 10- nsq programs will ,,,.. ' be planned in a aararer which avoids displacsmsnt of house- holds or businesses. However, voluntary tomp=ary or perm&- p nent displacement may be necessary in order to aehf- benefit to a household or kxminga (such as rehabilitation or replacamant of t ��rj • he Wilding). Such benefits shall be identi- s -!serf and requested by the displaaee. Voluntary displacement may also occur when a property owner voluntarily offers his ,z w• home or business property for sale to tha Irma! .,.,.......,.a..« -1' r! OW I 'i. �t�: • 8B ffB 4 W In these cases, the seller may be required to waive rights as a condition of sale of the property, and the Uniform Relocation Act provisions will govern actions of the local government and/or its representative 24 CFR Part 570 is a displacement and document on di governing is incorporated by reference. 49 CFR Part 24 provides Uniform Relocation Act information and is incorporated by reference. DXrXNZTXOXS Or "eTAMjMD*@ MW "NOKBTNROJUKD BUITARLX FOR RX3=XLITAT1OX" Dw=LXXG OULr COMMON In the absence of federal and state provided defini- tions, the following is Provided to establish a frame of reference and context when dealing with Matters of displace- sent and/or relocation as defined in 24 CFR Part 570 and 49 CFR Part 24. A. A dwelling unit is considered standard it it has no major defeat's Or only slight defeats which are correct- - M, s able through the course at regular maintenance. It must • be in total compliance with applicable local housing and occupancy codes; be structurally Sound, watertight and in good repair; be adequate in Site with respect to number of rooms and area of living specs And contain the following's A safe electrical wiring system, adequate for lighting and other normal electrical devices; -2- 4n -Up iF I-e-, FER 4 mp 2. A separate, well- lighted and ventilated bathroom that provides user rive and contains a P privacy sink, commode, and bathtub or shower stall; rr 3. An appropriate, sanitary and approved source of hot and cold potable water; 4. An appropriate, sanitary and approved sewage drainage systes; y 5. A fully usable sink in the kitchen; 6. Adequate space and service connections for a refrigerator; 7. An unobstructed egress to a safe, open area at ground level, and; =; 8. Absence of any barriers which would preclude ingress or egress It the occupant is handicapped. Failure to meet any of these criteria automati- cally causes a dwelling to not be considered "standard." a. Substandard Condition Mutable for Rehabilitation A dwelling unit is considered substandard if it does not fully comply with the standard criteria, QX has 4- minor defects which require a certain amount of correc- tion but can still provide safe and adequate shelter, 2r :ter: • : n9 a as major defects requiring great deal of correction and will be safe and adequate once repairs are made. To be suitable for rehabilitation, a trained =' housing specialist must carefully inspect the dwelling and prepare a work write -up of repairs necessary to MO-3- ••��\\ TS%! i..�) FEB '4 IN 2 bring it up to standard condition. A cost estimate of repairs will be prepared, based on the needs identified in the work write-up. If these costs are equal to or lose than 65 percent of the value of a comparable replacement unit as obtained from more than one licensed contractor, the dwelling will be considered suitable for rehabilitation. If the predicted cost *=*ads 65 percent, the unit will be does" unsuitable for rehabilitation. This criteria is arbitrary, however. and the local governing body may authorize deviations based on the unique aspects of each dwelling, owner, tenant, *to., on a case -by -case basis. Each deviation so approved must be thoroughly documented. DIM AMNZOT The local government will provide reasonable relocation assistance to persons (families, individuals, businesses, nonprofit organizations, or farms) displaced (moved �n- nently and involuntarily) as a result of the use of CDOG assistance to acquire or substantially rehabilitate property. Assistance to displaced persons may include: 1. Payment for actual moving and relocation expenses documented by recipients and/or vouchers from service providers and utility companies. The documents shall be submitted prior to the disburse- vent of payment; S�' ® S� 16 8B FEB 4 M2 2. Advisory services necessary to help in relocating; 3. Financial assistance sufficient to enable the displaced person to lease and occupy a suitable, decent, safe and sanitary replacement dwelling where the cost of rent and utilities does not exceed 30 percent of the household gross income of a family earning 80 percent of the median income for the jurisdiction. A. provisions for One - for -One Replacement The local government will replace all occupied and vacant occupiable low- and moderate - income dwelling units demolished or converted to a use other than as low- and moderate- income housinq as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended, and as described in 24 CFR part 570. Replace- ment low- and moderate - income units may include public housing or existing housing receiving Section a project based assistance. All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion and will most the following requirements. 1. The units will be located within the local jurisdiction. 2. The units will meet all applicable local housing, building, and soninq ordinances and will be in standard, or better, condition. 3. The units will be designed to remain low - and moderate- income dwelling units for at least io years from the date of initial occupancy (applies to initial tenant only). -5- s eon��,f zz r a. The units will be sufficient in size and number (functionally equivalent) to house at least the number of occupants who could have been housed ` in the units that are demolished or converted. obligating Before obli q q or expending C08G funds that will f'? directly result in such demolition or conversion, the local government will hake public and submit to the '- Florida Department of Community Affairs the following information in writing: ^:- i. A description of the proposed assisted activity; 2. The general location on an area map, including approximate number of dwelling units by size (number of bedrooms) that will be detsolishad - r or converted to a use other than low- and moderate - '` income dwelling units; 3. A time schedule for commencement and com- ,ry. pletion of the demolition or conversion; 4. The eneral location on a service area QQ map and approximate number of dwelling units by size (number of bedrooss) that will be psovided as replacement units ` 5. Identification of the source of fundinq at the time of submittal and the time tram*, location and source for the replacement dwelling =; unit. 6. The basis for concludinq that each J replacement dwelling unit will be designed to remain a low- and moderate- income dwelling unit for at least Zo years from the date of initial occu- pancy. -`- 7. Information demonstrating that any proposed replacement of a unit with a smaller unit is consistent with the housing needs of low- and �s moderate- income persons in the jurisdiction. taK- -r i 1 0 u hK •• •t. xi. r•. FFR 1992 B. Provisions for Relocation Assistance for Residential nisnlacement The local overnment will g provide relocation assis- tance, as described in 24 CFR Part 570, to each low- and moderate- income household involuntarily displaced by the demolition of housing or by the conversion of a low- and �i moderate- income dwelling to another use as a direct result of CnBG- assisted activities. Persons that are relocated are entitled to the followings A choice between l) actual reasonable ?: moving expenses 2r 2) a fixed expense and disloca- <^ tion allowance; 2. Advisory services; " i..- 7. Reimbursement for reasonable and nsces- nary security deposits and credit checks; 4. Interim living costs; and 5. Replacement housing assistance, which may include a Seotion 8 housing voucher / certificate and referral to assisted units, cash rental asais- tance to reduce the rent and utility cost, or a lump sun paysient equal to the present value of rental assistance installments to be used toward ,y purchasing an interest in a housing cooperative or mutual housing assooiation for a period of up to 60 months (s years). u C. provisions for Non- Residantial Relocation -� .7 .. eu� 8 6 FEB 4 IM2 owner waives his/her rights under the Uniform Act except sr for the following relocation assistance: 1. Actual moving and reasonable re- establishment expenses not loss than $1,000 nor more than $20,000, equal to a pro rata share for the period of interruption of operations of the average annual not earnings. Average annual not earnings are one -half of the entity0s not earnings before taxes, during the two taxable years immedi- ately prior to the taxable year it was displaced. 2. No other benefits will be provided, and a signed waiver acknowledging this fact will be re- quired. XV. TRKPCRRRT, VCLUN73LRT DXSVL&C=Mlf AND RWAMTXON A. Persons occupying housinq which Is to be rohabil itated using CDBG funds =set voluntarily aqrse to Inclusion in the program and shall vacate the housing at the direction of the local government (or its Rousinq Director), in order to facilitate the &&Co, timely and economical rehabilitation process. d. A moving allowance of $300 will be provided each family unit so displaced. This allowance will be provided in two payments of $150 each upon moving out and moving back in. C. The local government may provide a safe, decant, and sanitary housing unit for use as temporary reloca- tion housing. The unit shall bi available free of charge to temporarily displaced households for the time period authorized by the Housing Director, generally for the period of rehabilitation construction. Households 25 8B FM who occupy the unit shall have a $75 refundable deposit withheld from their initial moving allowance payment. This deposit shall be refunded in full immediately after the relocation unit is vacated in a clean and undamaged condition. The deposit refund shall be denied in full or in part for payment of damages to the owner/lessee due to the occupants' (a) failure to properly clean or maintain the unit, (b) physical damage to the unit. (c) loss of keys to the unit. or (d) need for any special condition such an fumigation. A $25 per day penalty may also be assessed for the household's failure to properly • vacate the relocation unit when directed to do so by the Housing Director. D. A storage allowance of up to SlSo will be provided -,V each family unit displaced if storage is necessary and a as ontial to the move. . f4 E. Insurance cost of up to $,Lao for the replacement value of the household property in connection with the move will be provided each family unit displaced if storage is necessary and essential to the move. V. PMOWWTV VOLUftPAT DZBPLRM=r RNO RWAMTXQX If it in determined by the local government that occu- pants of a dwelling should be permanently relocated, and the occupants voluntarily consent, the government will assist in the relocation to a decent, safe and sanitary dwelling -9- 4Sk 188 FEB d 1992 unit. Benefits, if provided, will be limited to increases in monthly housing costs incurred b the occu y pant in an amount equal to the lesser of 60 times the increase or 30 percent of the person's annual income. 24 CTR Part 570 must be con- sulted to determine specific limitations. V1. DUPLaCENEXT OF ROMEO== Homeowners will have their homes demolished with CDBG funds only as a voluntary action, when rehabilitation of the dwelling in not feasible or cost effective. k. Although homeowners have a right to assistance as previously discussed, C050 funds available for relocation assistance are limited. Therefore, financial assistance shall not exceed that described in the following paragraphs. A. Homeowners who meet ConG income limits will receive a replacement housing payment not to exceed $28,000 (unlQua approved otherwise by the board of County Commissioners). The amount will be based upon the difference between the dwelling replacement price and the owner's ability to contribute to the replacement Purchase price- Ability to contribute shall mean the household•& borrowing capacity (determined by lending agencies, including FuHA) and liquid assets above $5,000 In value. To the extent feasible replacement units will be of. comparable size and type as original units. Tne _10- aowes,", rA w- - -11- t'v J'� _•' L8B shall mean single- family detached, mobile home, or attached. If the unit is attached (duplex. triplex) and the displaced owner also owns the other unit(s) as '�• rental property, up to $10,000 per unit shall be granted •' for construction of attached replacement units, provided that zoning and other applicable regulations allow con - struction of an attached unit(&) which will be rented tX, . 1. for a period of five years to CDSG income eligible households at affordable rent levels. Affordable shall �.`.. mean the average monthly cost for rent and utility -..;; charges (water, sewer, electricity, gas) and shall not exceed 30% of the tenant household's gross monthly income. _. •�� C. Homeowners will be encouraged to relocate onto the -^- Vii•. :s•,� property from which they were displaced or onto other ;Y;;• property which they own, in order to reduce the cost of the replacement unit. Land shall be included as an eligible replacement unit cost only when the existing j: site is unsuitable due to inadequate size (based upon zoning or other applicable regulations) or location in a wetland or 100 year floodplain. Existing housing that is in standard condition may also be approved as replacement housing. Payment shall be disbursed only `•• upon the Housing Director's approval of the replacement a� unit. w- - -11- t'v J'� 8811 FER 4 1992 D. If space is available, displaced homeowners will be offered temporary replacement housing in one of the f= units provided by the CDBG program for housing rehabil- itation displacees. Moving and storage allowances will be provided as annotated in section V. `<- E. If a homeowner chooses to not purchase a replace- ment dwelling, compensation shall be determined in the same manner as for renters. compensation shall not be less that $2,000. VIZ. ADSaIta /COQX$iLI711i A. If a claim for assistance is denied by the local governing body, the claimant say appeal to the State, and the decision of the State shall be final unless a court determines the decision was arbitrary and capri- cious. ;:. a. Counseling will be provided to dispLaoses in the arses of household finance, fair housing nq rights, real estate transactions, and location and evaluation of replacement housing options. counseling shall be provided by the Housing Director to permanently dis- placed households to ensure the following: 1. No person is discriminated against based upon, race, color, religion, sex, handicap, t'. faxdilial status, or national origin. 2. Displace** receive information concerning the full range of housing opportunities within the local housing market. Prepared by Russell L Shreeve, Jr., Director x; Collier County Housing and urban Improvement February, 1992 -12- I Fr r RESOLUTION No. 92- 65 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA, APPROVING AN ANTI - DISPLACEMENT AND RELOCATION PLAN TO BE USED IN CONNECTION WITH COMMUNITY DEVELOPMENT BLACK GRANT _,- PROGRAMS. i- 88 FER 4 q p s WHEREAS, Collier County intends to apply to the Florida ;7; Department of Community Affairs for Community Development Block Grants to help meet the community development needs of Collier - Countyl and WHEREAS. the Congress of the United States has adopted the ., Uniforw Relocation Assistance and Real Property Acquisition Policies Act of 1979, and amended the Act to discourage displacement of families and regulate the conditions under which relocation assistance will be made; and WHEREAS, the Florida Department of Community Affairs ;1 requires that all local governments that apply for Community Development Block Grants have adopted an Anti - Displacement and 3` Relocation Policy in conformance with the Uniform Relocation Assistance and Real Property ps y A oquisition Policies Act of 1974, ,• as amended, 49 CFR Part 24, and 24 CFR Chapter 370.606; and M REA8, the County staff has developed an Anti- Displace- Went and Relocation Policy that conforms to the State and -- Federal requirements. _ NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY y CO@=88IONERS OF COLLIER COUNTY, FLORIDA, that the Community Development Block Grant Anti- Displacewent and Relocation Plan for Collier County, Florida, as developed by County staff to n conform to State and Federal requirements, be adopted for application to any relocation or displacement that taken place as a result of any activity that is funded in whole or in part by a Community Development Block Grant. ;7; 88 . This Resolution adopted after motion, second and majority vote favoring same. y c DATED: Y CCtt IgQi u►TEn: � ATTEST= BOARD OF COUNTY CONHISSIONERS :y JAMES C. �Zk.ES, Clerk COLLIER CO kTTY, FLORIDA k By: y� MICHAEL J. E, hairman aov_4,ras to form and 1�*urriciency: .,., cuy er Y.QauAty Attorney A. H it i Ury 15 - 2 - FAm HOUSING ORDINANCE 92 Consolidated Plan One -Year Action Plan FY 2004-2005 Collier County, Florida - - - -------- ORDINANCE 92- 9 of AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 86 -74, THE FAIR HOUSING ORDINANCE; BY AMENDING THE TITLE TO THE ORDINANCE; BY AMENDING SECTION TWO ENTITLED DEFINITIONS; BY AMENDING SECTION THREE ENTITLED UNLAWFUL HOUSING PRACTICES; BY c0 yc� AMENDING SECTION FOUR ENTITLED EXEMPTIONS AND EXCEPTIONS; BY AMENDING SECTION SIX ENTITLED COMPLAINTS; BY AMENDING SECTION ELEVEN ENTITLED PENALTY; PROVIDING FOR CONSTRUCTION AND SEVERABILITY; PROVIDING AN - -- EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No. 86 -74 creating a "Fair Housing Ordinance" on November 4, 1986; and WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No. 86 -89 to amend Ordinance No. 86 -74 to include handicapped persons as a protected. class; and WHEREAS, the Federal and State Fair Housing Acts were amended to include familial status as a protected class; and WHEREAS, there is a need to amend Ordinance No. 86 -74 to include familial status as a protected class and make minor changes to be consistent with State and Federal law. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA that: SECTION ONE: The title to Collier County Ordinance No. - 86 -74 is amended to read as follows: An ordinance entitled "Fair Housing Ordinance" to prohibit discrimination on the basis of race, color, ancestry -- national origin, religion, sex, marital- etatn5 7-e9e7 familial status, or ._ handicap in housing; enunciating county policy relating to this type of discrimination; providing a common title; defining the terms used; prescribing unlawful discriminatory practices in connection with the sale, leasing, financing, and provisions of brokerage services relating to housing; providing certain - exceptions; providing for the designation of administrator; prescribing the administrator's powers and duties; providing for conciliation hearings and agreements; providing for duties of administrator when probable cause of violation exists; - providing, action to be taken by administrator when conciliation of a violation fails or cannot be resolved; prescribing Words underlined are added; Words atrnek- throagh are deleted. 8B penalties for violations; providing a eanf?iet -or constructio anct severability clause; and providing an effective date. SECTION TWO: Section Two, Definitions of Collier Count - Ordinance No. 86 -74 shall be amended as follows: SECTION TWO. DEFINITIONS. For the purposes of this Ordinance, the followinc definitions shall apply: A. Administrator - That person appointed by the Count, Manager pursuant to Section Five. B- ASe ---- Einleao- the - c ante xt- cl car ly- :nd_cc ten - 0therw _m e. the - -- word -- age- - -aa -- tined- -.n - -- this-- Brdinanee--- ahn??- -racer exc!"a ive1Y- to- p era ana -xha- are -?e -year n -of- age -or- elder- eB. Board - Board of County Commissioners of Collier County. 8C. Discriminatory housing practice - An act that is unlawful under Section Three of this Ordinance. P Dwelling - any building structure or portion thereof which is occupied as, or designed or intended for occupancy as a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. E. Familial Status - One or more individuals (who have not attained the age of-18 Years) being domiciled with -- - a. a parent or another person having legal custody of such individual or individuals, or b. the designee of such parent or other person having such custody, with' the written permission of such parent or other person. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. E €. Family - 8ne-- cr- rore-- peroonn -iiv ng -- toge the r -cn - -a �ing?c-- hoanekecpinq-- enit-- ±n-- n-- dxcz }inq- Includes a single individual - 2 - Words underlined are added; Words atrneL- throtigh are deleted. 88 F- Hottotng--er-- housing-- aeeonnodation----- p�ny__bui }ding- structure, - -or- portion - thereof-- nobile- home- or- treiler; -or -other faei} ity-- Nhich - =� -- occupied- as - - -or- designed - -or- intended- -for occupancy-- as,-- a - -res #donee - -br- one -or -- more - farm }iea -- and - -any vacent -- }end-- Nhich - -is -- offered -- for -- sale - -or -- lease -- for-the construction---or-- locution -- thereon- -of - -- any -- such-- building- struettnre, - - -or- portion - thereof,- - Mobile- home -or- trailer -or -other faeilitY- G. Lending Institution' - Any bank, insurance company, savings -and loan association or any other person or organization regularly engaged in the business of lending money- - guaranteeing loans, or sources of credit .information, including but not limited to credit bureaus. L H. Owner - Any person, including but not limited to a lessee, sublessee, assignee, manager, or agent, and also including the city and its departments or other sub - units, having. the right of ownership or possession or the authority to sell or lease any housing - accommodation dwelling. I. Person - one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mortgage mutual companies, joint stock companies, trusts, unincorporated organizations, trustees. trustees in bankruptcy, receivers fiduciari-ec or public corporations, or any department or sub -unit thereof. J. Real Estate Agent - Any real estate broker, any real estate salesman, or any other person, employee, agent, or otherwise, engaged in the management, sales, or operation of any real property. K. Real Estate Broker or Salesman - A person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property, or who negotiates or attempts to negotiate any of these activities, or who holds himself out as engaged in these activities, or who negotiates or attempts to negotiate a loan secured or to be secured by mortgage or other - 3 - words underlined are added; words struck- through are deleted. - 4 - Words underlined are added, Words ntrnck- through are deleted. encumbrance upon real property, or who is engaged in �h A business of listing real property in a publication, or a person employed -by-or acting on behalf of any these. L. Real Estate Transaction - Includes the sale, purchase, exchange, rental or lease of real property, and any contract pertaining thereto. -= M. - To Rent - Includes lease, sublease, assignment and /or rental, including any contract to do any of the foregoing, or other -wise granting for a consideration the right to :occupy premises that are not owned by the occupant. :M. Respondent - Any person against whom a complaint is filed pursuant to this chapter- Ordinance. 4.- Sale - Includes any contract to sell, exchange, or to convey, transfer, or assign legal or equitable title to, or a beneficial interest in, real property. Pr Hnndicnpped -- Person---- ,A-- peraen- having- a-- phYeice� -or mentn�-- impnirment-- thnt-- {n } - -ie -- expected-- to-- be-- of-- a -�enq cent= need - -end- indefinite-- durntien --- {b }- aubatant #n�lY- tmpedee hfe - -or- her- nbi�ity- te- iivc- indepcndcntiy-- and- {e }- is- ef- 9neh -n nature -- that- aneh-- nbiitty-- eonld -be- improved - -by- mere- attitnb�e hensing- eenditionsr Ps Handicap - with respect to a person - a. a physical or mental impairment which substan- tially limits one or more of such person's major life activities, b, a record of having such an impairment or C. being regarded as having such an impairment,, but such term does not include current illegal use of or addiction to a controlled substance (as defined in section 102 of the Controlled Substance Act (21 U.S.0 802)1 0, Covered Multifamily Dwelling - ' a, A building which consists of four or more units and has an elevator: or b The around floor units of a building which SQnsists of four or more units and does not have an elevator. - 4 - Words underlined are added, Words ntrnck- through are deleted. SECTION THREE: Section Three, Unlawful Housing Practices of Collier County Ordinance No. 86 -74 shall be amended as follows: SECTION THREE. UNLAWFUL HOUSING PRACTICES (1) Unlawful housing practices - sale or rental. Except as provided in Section Four of this Ordinance, it shall be unlawful and a discriminatory housing practice for an owner, or any other person engaging in a real estate transaction, or for a real estate broker, because of race, color,. ancestry,- national origin, religion, sex, marital status, -- age - familial status, or handicap: A. To refuse to engage in a real estate transaction with a person or otherwise make unavailable or deny housing A t swelling to any person. -° B. To discriminate against a person in the terms, conditions or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith, or- because of his exercise of his right of free association. C. To refuse to receive or fail to transmit a bona fide _offer to engage in a real estate transaction from a person. .. D. To refuse to negotiate for a real estate transaction with a person. - E. To represent to a person that housing a dwelling is not available for inspection, sale, rental or lease when in- fact it is so available, or to fail to bring a property listing to his attention, or to refuse to permit him to inspect the housing dwelling. F. To make, print, publish or circulate, post or mail, or cause to be made, printed, published or circulated, any notice, statement, advertisement or sign, or to use a form of application or photograph for a real estate transaction or, except in connection with a written affirmative action plan, to make a record, or oral or writ--en inquiry in connection with a prospective real estate transaction, which indicates directly 5 - Words underlined are added; Words ntruek- through are deleted. z: or indirectly an intent to make a limitation, specification, or B discrimination with respect thereto based upon rare colo religion, sex familiial status or national origin, G. To offer, solicit, accept, use or retain a listing of housing a dwelling with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith. H. To make any misrepresentations concerning the listing for sale or rental, or the anticipated listing for sale or rental, or the sale or rental of any hanging dwelling in any area in unincorporated Collier County for the purpose of inducing or attempting to induce any such listing or any of the above transactions for discriminatory purposes. t I. To retaliate or discriminate in any manner against any person because of his opposing a practice declared unlawful by this Ordinance, or because he has filed a complaint, testified, assisted or •participated in any manner in any investigation, proceeding or conference under this Ordinance. J. To aid, abet, incite, compel or coerce any person to engage in any of the practices prohibited by the provisions of this Ordinance, or to obstruct or prevent any person from complying with the provisions of this Ordinance, or any conciliation agreement 4ntered into thereunder_ K. By canvassing to compel any unlawful practices prohibited by the provisions of this Ordinance. L. To promote, induce, influence or attempt to promote, induce or influence by the use of postal cards, letters, circulars, telephone, visitation or any other means, directly or indirectly, a property owner, occupant, or tenant to list for sale, sell, remove from, lease, assign, transfer; or otherwise dispose of any hanging dwelling by referring as a part of a process or pattern of inciting neighborhood unrest; community tension, or fear of racial, color, religious, nationality, family composition, or, ethnic change in any street, block, neighborhood, or any other area, to the race, - 6 - Words underlined are added; words ntrnck- throdgh are deleted. color, religion, familial status or national origin of actual or anticipated neighbors, tenants or other prospective buyers of any.hematng dwelling. M. To cause to be made any intentionally misleading statement or advertisement, or, in any other manner, attempt as part of a process or pattern of inciting neighborhood unrest, community tension or fear of racial, color, religious, family composition. nationality or ethnic change in any street, block, neighborhood, or any other area, to obtain a listing of, any housing dwelling for sale, rental, assignment, transfer or other disposition, where such statement, advertisement or other representation is false or materially misleading; or where there As insufficient basis to judge its truth or falsity or warrant making the statement, or to make any other material -- misrepresentations in order to obtain such listing, sale, removal from, lease, assignment, transfer or other disposition of said housing dwelling. N. To place a sign or display any other device either purporting to offer for sale, lease, assignment, transfer or other disposition tending to lead to the belief that a bona fide .offer is being made to sell, lease, assign, transfer or otherwise dispose of any housing dwelling that is not in fact available or offered for sale, lease, assignment, transfer or other disposition. O. It is unlawful to discriminate in the sale or rental of, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of: 1. That buyer or renter: 2„ A Person residing in or intending to reside in that dwelling after it is sold rented or made available; or 3. Any Person associated with the buyer or renter, P. It is unlawful to discriminate against any person In the term conditions or privileges of sale or rental of a - 7 - Words underlined are added; words struck- through are deleted. dwelling. or in the provision of services or facilities in B i r connection with such dwelling because of a handi a_p of: 1_. That buyer or renter; 2. A person residing in or, intending to reside in that dwelling after it is sold rented or made available or renter. 3. Any person associated with the buyer or o. For, purposes of subsections (P) and (0) discrimi r- •I i . 1. A ref usa� to permit at the expense of the handicapped perSOn reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises; or 2. A refusal to make reasonable accommodations in rules policies practices or services when such Accommodations may be necessa v to afford such person equal B. Covered multifamily dwellings as defined herein which are intended for first occupancy after March 13 1991 shall be designed and constructed to have at least one building _entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site as determined by Administrator rule Such buildings shall also be designed and constructed in such a manner that: 1. The public use and common use portions of such swellings are readily accessible to and usable by handicapped 2 All doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by a person in a wheelchair. 3. All premises within such dwellings contain the following features of adaptive design: dwellingT a) An accessible route into and through the words underlined are added; Words 9trnek- through are deleted. !ZL Light switches electrical outlets thermostats, and other environmental controls in accessible locations - c] Reinforcements in bathroom walls to allow later installation of grab bars d) Usable kitchens and bathrooms such that a person in a wheelchair can maneuver about the space 4. Compliance with the appropriate recruirements gf the-American National standards Institute for building and facilities providing accessibility and usability for Physically handicapped people, commonly cited as ANSI A117.1-1986; suffices to satisfy the requirements of _paragraph (cZ -(2) Unlawful housing practices - Block busting. it shall be unlawful and a discriminatory housing practice for a person, for the purpose of inducing a real estate transaction for which he may benefit financially; -- A. To represent that a change has occurred or will or may occur in the composition, with respect to race, color, ancestry- national origin, religion, sex, marital- status -age familial status, or handicap, of the owners or occupants in the block, neighborhood, or area in which the honoring - accommodation dwelling is located. B. To represent that this change will or may result in the lowering of property values, an increase in criminal or anti - social behavior, or a decline in the quality of schools in the block, neighborhood, or area in which the housing accommodation dwelling is located. C. To make, as part of a process or pattern of discouraging the purchase, rental, occupancy or otherwise of any housing dwelling in a particular block, neighborhood or area, any representation to a person known to be a prospective purchaser, that such block or neighborhood or area may undergo, is undergoing or has undergone a change with respect to racial, color, religious, nationality, family composition or ethnic composition of such block or neighborhood or area. - 9 - Words underlined are added; words atrtnck- through are deleted. D. To engage in, or hire to be done, or to con B A with .others to commit actions or activities of any nature, the purpose of which is to coerce, cause panic, incite unrest or create or play upon fear, with the intent to either discourage or induce, or attempt to induce, the sale, purchase, rental or lease or the listing of any housing accommodation dwelling. E.. _ For__ profit, to induce or attempt to induce any person to sell or not sell, or rent or not rent any housing dwelling- byrepresentations regarding the entry or o ?-ospective entry.-into the neighborhood of a person or persons protected by the provisions of this Ordinance. =(.3) Unlawful housing practices - Financing. �. It shall be unlawful and a discriminatory housing practice for any lending institution, to deny a loan or other financial assistance to an applicant thereof for the purpose of purchasing, constructing, improving, repairing or maintaining housing 51 dwellings, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, because of the race, color, ance5try7 national origin, religion, sex, maritnl-- etetns- - -nge- familial status, or handicap of such person or of any person associated with him in connection with such loan or other financial assistance, or the purposes of such loan or other assistance, or of the present or prospective owners, lessees, tenants or occupants of the housing dwelling in relation to which such loan or other financial assistance it is to be made or given; provided, that nothing contained in this subsection shall impair the scope or effectiveness of the exceptions contained in Section Four of this Ordinance. B(1) It is unlawful for any person or entity whose business includes engaging in residential real estate transactions to discriminate against any person in making - 10 - Words underlined are added; Words are deleted. 0- available such a transaction or in the terms or conditions of such a transaction because of race color, national origin sex. handicap familial status or religion (2) As used in this subsection the term residential real estate transaction means any of the following a) The makinc or Purchasing of loans or providing other financial assistance (1) For Purchasing construction improvinv repairing, or maintaining a dwelling or 12) Secured by residential real estate b1 The selling- brokering, or appraising of residential real property, (4) Unlawful housing practices - Brokerage Services. .It shall be unlawful and a discriminatory housing practice to deny any person access to or membership or participation in any.multiple listing service, real estate broker's organization or other service, organization, or facility related to the business of selling, or' renting housing dwellings, or to discriminate against such person on the terms or conditions of such access, membership or participation because of race, color, ancestry,- national origin, religion, sex, marita-1 atmtusT -agar familial status, or handicap. SECTION FOUR: Section four, Exemptions and Exceptions of - Collier County Ordinance No. 86 -74 shall be amended as follows: SECTION FOUR. EXEMPTIONS AND EXCEPTIONS (1) Nothing in Section Three shall prohibit a religious organization, association, or society, or any nonprofit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting or from advertising the sale, rental or occupancy of housing a dwelling which it owns or operates for other than commercial purpose to persons of the same religion, or from giving preference to such _ persons, unless membership in such religion is restricted on account of race color, or national origin. Nor shall anything Words underlined are added; Words struck- through are deleted. in this section prohibit a private club not in fact open to the 8 B public, which as an incident to its primary purpose or purposes provides=- lodgings which it owns or operates for other than a commercial purpose--from limiting the rental or occupancy of such -lodgings to its members or from giving preference to its members. Nothing in section Three, except subsection 1 (F), shall apply to: _. - --= - -A -- Any - single - family house sold cr rented by:its owner: provided, that such an individual owner does not own more than three such single - family houses at any one time; provided= - further, that in the case of the sale-of any such single - family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted•by this subsection shall apply only with respect to one such sale within any twenty -four month period; provided, - further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to-or any rights to all or a portion of the proceeds from the sale or rental of, more than three such single - family houses at any one time; provided,- further, that the owner sells or rents such hens #ng dwelling: (1) without the use, in any manner, of the sale or rental facilities or the sales and rental services of any real estate broker, agent, or salesperson, or of such facilities or services of any person in the business of selling or renting hounrng dwellings, or of any employee or agency of any such broker, agent, salesperson, or person; and (2) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of Section Three, subsection 1 (F) of this Ordinance; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstracters, title companies, and other such professional assistance as necessary to perfect or transfer the title; or - 12 - Words underlined are added; Words �trnek- r_hrobgh are deleted, 8. Rooms or units in housing dwellings - --_.`� containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence, provided that the owner sells or rents such rooms or units; (1) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesperson, or of such facilities or services of any person in the business of selling or renting housing lli dwengs, or of any y em pioyee or agency of any such broker, agent, salesperson, or person; and (2) without _ the publication, posting or mailing, after notice, of any advertisement or written notice in violation of section Three, subsection 1 (F) of this Ordinance; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, ad other such professional assistance as necessary to perfect or transfer the title. For the purpose of this Section Four Subsection 2 of this ordinance a person shall be deemed to be in the business of selling or renting housing if: a. he has, within the preceding twelve months, participated as principal, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in three or more transactions involving the sale or rental of any housing dwelling or any interest therein; or b. he has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities -or �a }��-- or- rentn} -Feet }rhea or sales or rental services in two or more transactions involving the sale or rental of any + housing dwelling or any interest therein; or C. he is the owner of any housing dwelling designed or intended for occupancy by, or occupied by, five or more families. Words underlined are added; words struck - through are deleted. w G. Bar any person from refusing a loan or other financial assistance to any person whose life expectancy, according to generally accepted mortality tables, is less that the term for which the loan is requested. (4) Nothing in section three requires any Person renting or selling a dwelling gonstructed for first occupancY before March 13 1991 to modify, alter, or adjust the dwelling in order to provide Physical accessibility except as otherwise required by law. ' A Any provision of Section Three regarding familial status does not apply with respect to housing for older persons, - 14 - Words underlined are added; Words 9trtiek- through are deleted. AV (3) Nothing in Section Three shall be construed to: Via, A. Bar- any- person--frem- restrict =ng- sales,--- rentals- lenses - - -er- occupancy -or- from - giving - preference -to- persons -of -a given -nge- for - bone - fide - housing- intended - solely- for - the - elderly or- bona - fide - housing- intended- selcly- for - minors- B A Make it an unlawful act to require that a person have legal capacity to enter into a contract or lease. e R. Bar any person from advertising or from refusing to sell or rent any housing dwelling which is planned exclusively for, and occupied exclusively by, individuals of one sex, to any individual.of the opposite sex. H _Q. Bar any person from s all ing,_..renting or advertising any housing dwelling which is planned exclusively for, and occupied exclusively by, unmarried individuals to unmarried individuals only. Sr -- -Bar- any - person - from - advertising - -or- from - refusing to-- sell -or- rent- eny - -} jogging- xhseh -fa- penned-- exe�ts�ive�y -for marr=ed -- couples- without - children -or- from -- segregating -fami -lies with - children -to- special- units -of- housing- F. Bar any person from refusing to sell or rent any housing dwelling to unmarried individuals cohabiting contrary to law. G. Bar any person from refusing a loan or other financial assistance to any person whose life expectancy, according to generally accepted mortality tables, is less that the term for which the loan is requested. (4) Nothing in section three requires any Person renting or selling a dwelling gonstructed for first occupancY before March 13 1991 to modify, alter, or adjust the dwelling in order to provide Physical accessibility except as otherwise required by law. ' A Any provision of Section Three regarding familial status does not apply with respect to housing for older persons, - 14 - Words underlined are added; Words 9trtiek- through are deleted. • e older Persons" means hou>j 1. Provided under any state Or federal Program _. that the-commission determines s s ec' 'cally designed and operated to assist elderly Persons as defined in the state or federal nrnnr� 2. Intended for and solely occupied by, persons 62 years of rqe or otdgx or 3, Intended and operated for occupancy by at least one po son 55 yea -s o aye or older per unit, In determininn whethe housing qualifies as housing for olde personG �nArar his suboa aaraph the commission sha h cont� e `` ;at Least the fot t nwi „� f +. s (a1 the existen p of sLanificant faZilities --.6 �d servicAs specifiratty dQsigned to meet hP �hysir�i 0 social nep�s of older per ons or if urn a+ S' , �nh far�il t } {en J and services is not pradticable such housing is nece sa to Y provide important housing opportunities or o der persons (b) At least 80 percent of the units are �rcupied by at least one person 5 years of acre or otAer pe unit: and - fc) The oubtiration of and adheres( poll j.e3 and AI.00edUr 'G whir -h .a „ �- a an intent—bY—the owner or manage to provide hou�i�r* fo ersons 55 v ars a e or -- o ld=..- G. Housing shall not fait to be considerer� hour iOr Olrtpr neranng j 1. A person who resides in such housing on or Alter October 1, 1989A does not meet the age reguirements of this subsection, Provided that an new occupant meets such age requirements• or 2. One or more units are unoccupied p ovide -- that anV unoccupied units are reserved fo occu anc by ersons who meet the acre requirements of this subsection - 15 - Words underlined are added; Words struck- through are deleted. SECTION FIVE: Section Six, Complaints of Collier County Ordinance No. 86 -74 shall be amended as follows: SECTION SIX. COMPLAINTS. .(I) ...A person who claims that another person has committed a discriminatory housing practice may report that offense to the administrator by filing an informal complaint within sixty (60) days after the date of the alleged discriminatory housing practice and not later. (2) The administrator sha'11 treat a complaint referred by the. Secretary of Housing and Urban Development or the Attorney General of the United States under the Fair Housing Act of 1968;:_:.Public.Law 90 -284, as an informal complaintfiled under subsection 1. (3) An informal complaint must be in writing, verified or affirmed, on a form to be? supplied by the administrator and shall contain the following: A. Identity and address lof the respondent(s). B. Date of the offense and date of filing the informal complaint. C. General statement of facts of the offense including the basis of the discrimination (race, color, ancestry,- national origin, religion, sex, marita+- status - -age- famiiial status, or handicap). D. Name and signature of the complainant. {+}---£ neh- eonp�aint-- �hn��-- be- hc�d -rn -- confidence -by -the administratar--nn } ess -- and-- nnti� -- the -- comp }ainant {� }- and - -the re�pond�nt {� }- eon�cnt- in- vrriting- that- it- �hn�� -be- made- ptib }ie- {5 }(4) Within fifteen (15) days after the filing of the informal complaint, the administrator shall transmit a copy of the same to each respondent named therein by certified mail return receipt requested. Thereupon, the respondent(s) may file a written, verified informal answer to the informal complaint within twenty (20) days of the date of receipt of the informal complaint. - 16 - words underlined are added; words struck- through are deleted. �y f6 }(5) An informal complaint or answer may be amended at 188 any time, and the administrator shall furnish a copy of each M amended informal complaint or answer to the respondent(s) or complainant(s) respectively as promptly as practicable. f ? } (6) The administrator shall assist complainant(s)' or respondent(s) when necessary in the preparation and filing of informal complaint or answers or any amendments thereto. SECTION SIX: Section Eleven, Penalty, of Collier County Ordinance No. 86 -74 shall be amended as follows: SECTION ELEVEN: pENArTY Violations of this Ordinance shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction shall be punished by fine not to exceed five hundred dollars ($500.00) or by imprisonment in the County Jail not to exceed sixty (60) days or by both' fine and imprisonment. Nothing in this section shat? be constr»p� to nrohih,t th County from pros »ring anv violation of this Ordinance by means of a od Fnforcemen Board estabtichA d Dursuant to the authority of Champ*- tK� Ft�, - {,� atutes,_,, SECTION SEVEN: Construction and Severability. This Ordinance shall be liberally construed to effectuate its public purpose. In the event this Ordinance conflicts with any other - ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a - separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION EIGHT. EFFECTIVE DATE This Ordinance shall become effective upon receipt of ` notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. - 17 - Words underlined are added; Words struck- through are deleted. PASSED AND DULY ADOPTED BY THE Board of County Commissioners of Collier County, Florida, this day of 1992. DATED: ATTEST:, JAMES C. GILES, Clerk Approved as to form and legail sufficiency: Richard D. Yovanovich Assistant County Attorney rdy /dp /-W9 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ' ��' �1: By. C - MICHAEL Jc OLPk, Chairman This ordinance filed with the Secretary of 50te's Office the f,�.day of� ` 3` Z and ocr k neowiveled dmon2 t th�p at e this day ' _ D.o�h• G.rfc - 18 - Words underlined are added; Words etraek- throtgh are deleted. COLLIER COUNTY LOCAL HOUSING ASSISTANCE PLAN (LHAP) 93 Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida =88 - Collier County and City of Naples, FL STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN For the State of Florida Fiscal Years -- July 1, 2001 through June 30, 2004 Collier County Housing and Urban Improvement Department Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, FL 34104 Phone (941) 403 -2330 ♦ Fax (941) 403 -2331 www.co.collier.fl.us /hui w Collier County and City of Naples, FL STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN State Fiscal Years 2002, 2003, and 2004 I. PROGRAM DESCRIPTION A. Names of the participating local governments: Collier County Government and the City of Naples, FL. B. Summary of the proposed program: Collier County and the City of Naples have adopted an Interlocal Agreement to administer housing programs in Collier County. Collier County Government is designated as the administrative agency for the program. The SHIP Program is governed by Section 420 -9079, Florida Statutes and Rule Chapter 67- 37, Florida Administrative Code. SHIP funds along with CDBG and private funds will be available to develop and improve affordable housing opportunities in the City of Naples and the unincorporated areas of Collier County. Funds will be used to assist in the purchase of and development of single family owner occupied housing, rehabilitate existing housing, provide housing for persons with special needs, and assist in the development of affordable rental housing. C. Fiscal years covered by this plan: This local housing assistance plan allocates SHIP Funds for State Fiscal Years 2002, 2003, and 2004. D. Public input in developing this plan: Public input was received through the Collier County/ City of Naples Affordable Housing Commission. This nine - member commission meets monthly to discuss and explore affordable housing issues facing the County. Meeting notices are sent out and all meetings are open to the public. E. Available Support Services: • Collier County Banking Partnership • Salvation Army Transitional Living Center • Collier County University of Florida Extension Service • Habitat for Humanity of Collier County 2 A- �� a • The Saint Mathews House Transitional Living Center • Collier County Housing Authority • The Red Cross of Collier County • Catholic Charities of Collier County • Community Housing Partnership of Collier County • Collier County Loan Consortium II. INTERLOCAL AGREEMENT See attachment 1 "Interlocal Agreement ". III. LOCAL HOUSING PARTNERSHIPS A. The Collier County Housing and Urban Improvement Department has always maintained local housing partnerships with interested groups throughout the area whose input has been sought on affordable housing issues and in the preparation of the SHIP Program strategies. Representatives from these groups are routinely invited to attend public meetings regarding the development of housing related issues such as the Housing Assistance Plan. Their input is continuously sought on the implementation and administration of the Housing Assistance Plan. B. Another local partnership exists between the Collier County Housing and Urban Improvement Department and local area mortgage lenders, realtors, developers, and closing agents. Representatives from each of these groups work together on a daily basis to ensure that SHIP Programs function smoothly. To date over 1,500 loans have been closed through Collier County SHIP programs. IV. Strategies A. Housing Assistance Strategies 3 o 401 is] 0 10 a 1. Down Payment / Closing Cost Assistance with Emergency Repair Program a. The Down Payment / Closing Cost Assistance Program assists first -time homebuyers by paying a portion of their down payment and closing costs. Buyers of existing units are also eligible for additional rehabilitation or emergency repair to the unit purchased. The program provides second mortgages to eligible applicants to assist in the purchase (and repair if applicable) of new or existing single - family homes, duplexes, condominiums, townhouses, or DCA approved manufactured homes. b. This strategy will be funded during State Fiscal Years 2002, 2003, and 2004. C. Down payment / closing cost assistance will be available only to low and very-low income applicants. d. Applications will be taken on a first -come / first - served basis from all applicants meeting the selection criteria. The selection criteria will include the following: • The applicant must be a first -time homebuyer. A first - time homebuyer is defined as not having ownership interest in a home during the past three years, a single parent with children under the age of 18 who has recently been divorced and displaced, a displaced victim of domestic violence, or a person displaced as the result of some governmental action. • The home to be purchased must be located within the _ boundaries of Collier County, FL. • The applicant must be pre- approved by the lender providing the first mortgage for the purchase. • The purchase price of the home may not exceed the maximum sales price allowed in Collier County by the SHIP Program. e. All down payment / closing cost and emergency repair loans will be secured by second mortgages. The interest rate on the loans will be 0 %. No payment will be required until the property is sold, transferred, refinanced, or is no longer the M 88 R primary residence of the homebuyer. At that time the balance of the loan will be recaptured. f. The down payment / closing cost and emergency repair program will partner the use of SHIP funds with private sector first mortgages to provide homeownership opportunities to low and very-low income first -time homebuyers in Collier County. 61 M 2. Impact Fee Relief a. The Impact Fee Relief program provides waivers and /or deferrals of Board of County Commissioner imposed impact fees on single family units for low and very-low income first - time homebuyers in Collier County. b. This strategy will be funded during State Fiscal Years 2002, 2003, and 2004. C. Impact fee waivers and/ or deferrals will be available only to low and very-low income applicants. d. Applications will be taken on a first -come / first - served basis from all applicants meeting the selection criteria. The selection criteria will include the following: • The applicant must be a first -time homebuyer. A first - time homebuyer is defined as not having ownership interest in a home during the past three years, a single parent with children under the age of 18 who has recently been divorced and displaced, a displaced victim of domestic violence, or a person displaced as the result of some governmental action. • The home to be purchased must be located within the boundaries of Collier County, FL. • The applicant must be pre- approved by the lender providing the first mortgage for the purchase. • The purchase price of the home may not exceed the maximum sales price allowed in Collier County by the SHIP Program. • Very -low income buyers receive a 100% Waiver of Impact Fees, Low Income buyers receive a 50% Waiver / 50% Deferral or Impact Fees Moderate Income Buyers receive a 75% Deferral of Impact Fees. e. Impact fee relief assistance comes in the form of both a waiver and /or deferral. Fees deferred are recaptured when the property is sold, transferred, refinanced, or is no longer the primary residence of the applicant. No recapture is required on fees waived unless the property is sold, 6 transferred, or is no longer the primary residence of the applicant prior to fifteen years from the date of purchase, in which case the waived fees are immediately due and recaptured. f. The impact fee relief program will partner the use of SHIP funds with private sector first mortgages to provide homeownership opportunities to low and very-low income first -time homebuyers in Collier County. Persons participating in the Impact Fee Relief program are also eligible to leverage the purchase of their home with SHIP Down Payment / Closing Cost Assistance loan funds. 3. Housing Rehabilitation- Owner Occupied a a. The housing rehabilitation- owner occupied program assists very-low income homeowners by providing loans to pay for necessary repairs. All identified repair work must include the correction of housing code violations and/ or deferred maintenance. b. This strategy will be funded during state fiscal years 2002, 2003, and 2004. C. This program will assist only very-low income homeowners. d. Applications will be taken on a first -come/ first served basis. Loans will be given to only very-low income homeowners. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. e. All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0 %. No payment will be required until the property is sold, transferred, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptured. f. In cases where the cost of repair exceeds the maximum award available to the borrower SHIP funds will be _ leveraged by the homeowner's own funds, CDBG funds, or other alternative sources. 0 8 � y. 4. Housing Rehabilitation- Rental a. The housing rehabilitation- rental program assists non - profit housing providers by providing loans to pay for necessary repairs. All identified repair work will include the correction of housing code violations and/ or deferred maintenance. b. This strategy will be funded during state fiscal years 2002, 2003, and 2004. C. This program will assist only non - profit housing providers who provide housing to low and /or very-low income tenants on a first come, first served basis. d. A non - profit housing provider wishing to receive rehabilitation- rental funds will be evaluated competitively on the following criteria: • Financial strength of the agency • The ability of the developer to complete the development with the establish timelines • The capacity of the developer • The affordability of the product produced • Neighborhood compatibility of the development • Number of units produced per SHIP dollar spent • Leveraging of SHIP funds with other sources 0 Preference will be given to organizations participating in the Wages to Work program. e. All loans will be secured by a second mortgage payable to the County. Loans will be given for a maximum term of 20 years. The interest rate on loans will range from 0% to 5% and will be based on factors including: need of the organization, the organization's ability to repay, and non- profit or profit status of the organization. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for low and /or very -low income individuals. At that time the balance of the loan will be recaptured. Units will be monitored for a period of 15 years per Rule Chapter 67- 37.005(6)(c) of the Florida Administrative Code. Resale and First Right of Refusal for Affordable Housing will be given to Eligible Sponsors as noted in Section 420.9075 (4)(f) Florida Statues BBB. f. SHIP funds will be leveraged by the non - profit housing provider receiving the loan at a 1 to 2 ratio. For every $1 of SHIP funds used the non - profit housing provider must contribute $2. 10 5. Land Acquisition / Transfer With New Construction a a. The land acquisition / transfer with new construction program is designed to facilitate the acquisition of vacant land which will be developed for affordable housing opportunities by offering loans to non - profit housing providers to acquire such land. The Collier County Housing and Urban Improvement Department may also use this program to purchase land to be used for affordable housing. b. This strategy will be funded in State Fiscal Years 2002, 2003, and 2004. C. The eventual beneficiary must be low or very-low income., and be selected on a first come first served basis. d. A non - profit housing provider wishing to receive land acquisition transfer with new construction funds will be evaluated competitively on the following criteria: • Financial strength of the agency • The ability of the developer to complete the development with the establish timelines • The capacity of the developer • The affordability of the product produced • Neighborhood compatibility of the development • Number of units produced per SHIP dollar spent • Leveraging of SHIP funds with other sources • Preference will be -given to organizations Participating in the Wages to Work program. e. Land acquisition / transfer program funds will be made available by loans secured by a second mortgage placed on the property acquired. Loans will be given for a maximum term of 20 years with an interest rate of 0 %. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for low and /or very-low income individuals. At that time the balance of the loan will be recaptured. f. The SHIP funds used in the land acquisition / transfer program will be leveraged by several public and private ii sources. The non - profit agencies receiving these loans will be constructing housing units on the lands with funding secured elsewhere in the public and private sector. 12 �i M 6. Demolition With New Construction a. Through the demolition with new construction program low and very-low income homeowners of substandard housing may receive a deferred payment loan to pay for the demolition of substandard housing units found not to be cost effective or possible to rehabilitate. b. This strategy will be funded during State Fiscal Years 2002, 2003, and 2004. C. Participants in this program must be low or very-low income. d. Applications will be taken on a first -come/ first served basis. Loans will be given to only low and very-low income homeowners. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. e. All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0 %. No payment will be required until the property is sold, transferred, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptured. f. In cases where the cost of demolition exceeds the maximum award available to the borrower SHIP funds used in the strategy will be leveraged by the homeowner's own funds. SHIP funds will also be leveraged by the homeowner's new first mortgage when the new home is built. Recipients of loans from this strategy may also qualify for SHIP down payment/ closing cost assistance and SHIP impact fee relief. 13 7. Special Needs Housing a. Through the special needs housing strategy down payment, land acquisition, or development assistance loans may be - awarded to non - profit organizations serving special needs clients for the purchase or development of homes, apartments, or land. b. This strategy will be funded during State Fiscal Years 2002, 2003, and 2004. C. The eventual beneficiary must be low or very-low income., and be selected on a first come first served basis. d. A non - profit housing provider wishing to receive special needs housing funds will be evaluated competitively on the following criteria: • Financial strength of the agency • The ability of the developer to complete the development with the establish timelines • The capacity of the developer • The affordability of the product produced • Neighborhood compatibility of the development • Number of units produced per SHIP dollar spent • Leveraging of SHIP funds with other sources e. Special needs housing funds will be made available by loans secured by a second mortgage placed on the property acquired. Loans will be given for a maximum term of 20 years. The interest rate on loans will range from 0% to 5 %, and will be based on factors including: need of the organization, the organization's ability to repay, and non- profit or profit status of the organization. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for low and /or very-low income individuals. At that time the balance of the loan will be recaptured. Units will be monitored for a period of 15 years per Rule Chapter 67- 37.005(6)(c) of the Florida Administrative Code. Resale and First Right of Refusal for Affordable Housing will be given to Eligible Sponsors as noted in Section 420.9075 (4)(f) Florida Statues. 14 r88 f. The SHIP funds used in the special needs housing program will be leveraged by several public and private sources. The non - profit agencies receiving these loans will be constructing housing units on the lands with funding secured elsewhere in the public and private sector. 15 9 8. Emergency Home Repair a. The emergency home repair program offers loans to low and very-low income homeowners whose homes need repair to correct life threatening, health and safety defects, and/ or energy efficiency issues. Corrections will also be made in order to alleviate exposure to natural environmental elements. b. This strategy will be funded for State Fiscal Years 2002, 2003, and 2004. C. All recipients in this program must be low or very-low income. d. Applications will be taken on a first -come/ first served basis. Loans will be given to only low and very-low income homeowners. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. All units assisted must have life threatening, health and safety defects, and/ or energy efficiency issues. Corrections will also be made in order to alleviate exposure to natural environmental elements. e. All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0 %. No payment will be required until the property is sold, transferred, refinanced, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptured. f. In cases where the cost of repair exceeds the maximum award available to the borrower SHIP funds will be leveraged by the homeowner's own funds. Repair may also be leveraged by homeowner's insurance, the homeowner's first mortgage, and any equity amassed in the home. 16 9. Urban Infill- New Construction a. The Urban Infill- New Construction program will provide loans to very-low income home buyers to build new homes - in targeted areas of the county. Loans may be used for land acquisition, construction, clearing title, demolition, and debris removal. b. This strategy will be funded in State Fiscal Years 2002, 2003, and 2004. C. This program will be available to only very-low and low income homebuyers, with priority given to very -low income. d. Applications will be taken on a first -come/ first - served basis from all applicants meeting the selection criteria. The selection criteria will include the following: • The home to be purchased must be located within a target urban infill area of Collier County, FL. • The purchase price of the home may not exceed the maximum sales price allowed in Collier County by the SHIP Program. • The applicant must be very-low income. • The applicant must be able to obtain clear title to the property, maintain homeowner's insurance, and pay property taxes on the new home. • A maximum of 10 loans per fiscal year may be made through this program. e. All urban infill new construction loans will be secured by first mortgages placed on the property. The Loans will be given at 0% interest. Payments will be accepted monthly until the property is sold, transferred, refinanced, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptured. f. SHIP funds used in the urban infill- new construction program may be leveraged by several other SHIP strategies including impact fee relief and demolition with new construction. State and federal grants may also be used as leverage to acquire lots. 17 10. Urban Infill- Neighborhood Blight a. The Urban Infill- Neighborhood Blight program provides -- loans to non - profit housing providers to acquire land or existing housing units in targeted blighted areas of the County. The non - profit housing provider may then rehabilitate the units and offer them for sale or rent to low or very-low income persons. b. This program will be funded during State Fiscal Years 2002, 2003, and 2004. C. The eventual beneficiary of must be low or very-low income. d. A non - profit housing provider wishing to receive Urban Infill - Neighborhood Blight funds will be evaluated competitively on the following criteria: • Financial strength of the agency • The ability of the developer to complete the development with the establish timelines • The capacity of the developer • The affordability of the product produced • Neighborhood compatibility of the development • Number of units produced per SHIP dollar spent • Leveraging of SHIP funds with other sources • A maximum of 10 loans per fiscal year may be made through this program. e. Urban Infill- Neighborhood Blight funds will be made available by loans secured by a first mortgage placed on the property acquired. The interest rate on loans will range from 0% to 5 %, and will be based on factors including: need of the organization, the organization's ability to repay, and non- profit or profit status of the organization. Loans will be given for a maximum term of 20 years. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for low and /or very-low income individuals. At that time the balance of the loan will be recaptured. Units will be monitored for a period of 15 years per Rule Chapter 67- 37.005(6)(c) of the Florida Administrative Code. Resale and First Right of Refusal for I ,88, Affordable Housing will be -given to Eligible Sponsors as noted in Section 420.9075 (4)(f) Florida Statues f. SHIP funds used in the urban infill neighborhood- blight program may be leveraged by several other SHIP strategies including Impact fee relief and demolition with new construction. State and federal grants may also be used as -4 leverage to acquire properties. 19 • B. Housing Incentive Strategies 1. Expedited Processing of Permits for Affordable Housing Projects. a. Collier County Ordinance No. 89 -39 adopted July 18, 1989 speeds the rezone, approval, and permitting of developments for affordable housing. 2. Process of Ongoing Review a. The executive summary system used by the Collier County Board of County Commissioners serves as a process for on going review of items seeking Board action that may affect affordable housing. Every County Ordinance, Resolution, Contract, Bid, Award, Agreement, and Policy must have an executive summary attached which may be reviewed as to its effect on affordable housing. V. TIMELINES A. See attachment 2, "Timetables 2002, 2003, & 2004 ". B. See attachment 3, "Housing Delivery Goals Chart 2002, 2003, 2004 ". VI. AFFORDABILITY A. Homeownership 1. Income limits are provided by HUD, distributed by the Florida Housing Finance Corporation, and will be adjusted annually without further approval by the City, County, or State required. Very-low income is defined as total household income that does not exceed 50% of area median income, low income is defined as total household income above 50% of median not to exceed 80% of median, and moderate income is defined as total household income above 80% but not to exceeding 120% of median income. 2. Monthly housing debt, including taxes and insurance, should not exceed 30% of total monthly household income, unless the institutional first mortgage lender approves a higher monthly debt it monthly income ratio. 3. For acquisition activities the purchase price of a newly GGRstFWGted -- home may not exceed $106,365, avneed $118,264. the maximum allowable limit for Collier County set by the Florida Housing Finance Corporation. 20 • r • r B. Rental 1. Rental rates may not exceed those published and updated annually by the Florida Housing Finance Corporation. VII. ADVERTISING AND OUTREACH A. At least 30 days prior to availability of funds Collier County will advertise availability of SHIP Funds in The Naples Daily News, the newspaper of greatest circulation in Collier County. B. The Collier County Housing and Urban Improvement Department may also, depending upon the program, use additional outreach efforts, including brochures, additional advertising, or direct mail. VIII. ADMINISTRATIVE EXPENSES A. The responsible entity for administration of this program is the Collier County Housing and Urban Improvement Department. The HUI Director shall have the authority to fully administer the SHIP program within the constraints of this plan. B. The Collier County Housing and Urban Improvement Department will use 10% of the SHIP funds for the administration of the program. C. Breakdown of the administrative budget for the Collier County SHIP program State Fiscal Years 2002- 2004, D. Consultants will not be used for the administration of the SHIP Program. 21 FY2002 FY2003 FY2004 Salaries & Benefits $118,500 $118,500 $118,500 Supplies $ 5,000 $ 5,000 $ 5,000 Training $ 2,500 $ 2,500 $ 2,500 Legal Services $ 4,000 $ 4,000 $ 4,000 Advertising $ 500 $ 500 $ 500 Professional Services $ 35,690 $ 35,690 $ 35,690 Other Equipment $ 3,000 $ 3,000 $ 3,000 Office Rent/ Utilities $ 20,000 $ 20,000 $ 20,000 TOTAL $189,190 $189,191 $189,190 D. Consultants will not be used for the administration of the SHIP Program. 21 &L,8B IX. CERTIFICATION PAGE A. See attachment 4, "Original Certification Page ". X. SIGNED RESOLUTION A. See attachment 5, "Collier County Resolution No. 2001- ". 22 • t Attachment 1 Collier County Local Housing Assistance Plan FY 2002, 2003, and 2003 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT made and entered into this day of April, 2001 by and between Collier County, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners (the "County ") and the City of Naples, a municipal corporation created and existing under the laws of the State of Florida, acting by and through its City Council ( "City "): WITNESSETH: WHEREAS, Section 420.9072 (4), Florida Statutes, (the "State Housing Initiatives Partnership Act" "SHIP "), authorizes monies in the Local Government Housing Trust Fund (the "Fund ") to be distributed to the County and eligible municipalities within the County pursuant to an interlocal agreement; and WHEREAS, Collier County is an approved County and the City of Naples is an eligible municipality within the County; and WHEREAS, the County and City desire to distribute SHIP allocations pursuant to this Interlocal Agreement; and WHEREAS, the County and the City have determined the SHIP funds can be more effectively and efficiently utilized and managed when the County and City work cooperatively to address the community's affordable housing needs. 8 V ;(4ti NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: 1. The City and the County do hereby agree that the monies in the Fund which are to be distributed to the County as provided in 420.9073, Florida Statutes, shall be allocated between the County and City as follows: City 9.28% County 90.72% For Fiscal Year, 2002 -03 the State allocated 9.28% of the SHIP funds to the City and 90.72% to the County. Therefore, no less than 9.28% of the total allocation will be earmarked for the City of Naples in any given fiscal year. These percentages are based upon the March 2001 SHIP program allocation distribution schedule. The City of Naples may distribute a portion of its allocation to housing activities within the Urban Housing Assistance Area as defined in the July 1994 Interlocal Agreement adopted by Collier County and the City of Naples. 2. Unless earlier terminated pursuant to other provisions of this Interlocal Agreement, the term of this Agreement shall run concurrent with the distribution of monies in the Fund which are to be allocated between the County and the City. This Interlocal Agreement entered into this day of April, 2001 shall expire on the 3 0`h 88 day of June, 2004, unless at such time the City and the County mutually agree to extend this Agreement or terminate said Agreement under the provisions of Section 8. 3. The City and the County direct the Florida Housing Finance Corporation (the "Corporation ") to distribute and allocate the monies in the Fund in accordance with this Interlocal Agreement and authorize the Corporation to rely on their stated intent and their authority to execute this Interlocal Agreement. 4. The monies distributed will be deposited in the below listed Depository Account or Accounts: First National Bank of Naples, Account Number 113 -8577 Separate line items will be maintained for the County's SHIP allocations and the City's SHIP allocations. -- The Corporation will be notified of any change. The parties agree to have such Account and Accounts audited annually as required by statute and Corporation Rule. If one account in maintained for the parties hereto they agree to pay their pro -rata share of the cost of an audit based on the same percentage as the SHIP program allocation distribution schedule. 5. Provided this Interlocal Agreement remain effective between the City and the County, both parties agree that they will not do anything to jeopardize the other party's right to receive its allocation from the Fund. t88 6. The parties to this Agreement understand that the statute requires an incentive plan for providing affordable housing and they agree to cooperate in ensuring ` that the requirements and spirit of the statute are satisfied. 7. The parties to this Agreement recognize the contributions of the joint City/ County Affordable Housing Commission (AHC) and agree to appoint AHC members to the Affordable Housing Advisory Committee. The County's Housing and Urban Improvement office will be responsible for the overall administration of the programs assisted with SHIP funds and shall receive administration monies from the SHIP allocation. Said administration allocation shall not exceed 10% of the total SHIP allocation in accordance with 420.9075 (6) and County Resolution 2001- . The County will establish, administer, and audit a Local Housing Assistance Trust Fund in °- accordance with Ordinance No. 93 -19, as amended and SHIP requirements. In addition, the County will submit the required annual report on behalf of the interlocal entities. 8. If at any time during the term of this Interlocal Agreement, the City or the County which are parties to this Interlocal Agreement believe that the intent of the parties as set forth herein is not being accomplished, or that the terms of the Interlocal Agreement are not fair, such entity may, upon the giving of ninety days written notice, renegotiate the terms and provisions of this Interlocal Agreement to be effective on the first day of the next fiscal year. If the parties are unable to so renegotiate the terms and provisions of this Interlocal Agreement prior to the commencement of the next fiscal �8B year, the noticing party shall cease to be party to this Interlocal Agreement and this Interlocal Agreement shall terminate and be of no further force or effect as to such party and the funds shall be allocated according to population pursuant to Section 420.9072 (9) and Section 420.9073, Florida Statues. 9. If either party shall cease to be eligible for allocation and distribution, such party's allocation of the funds shall remain in the Fund to be used by the Corporation. 10. For all purposes of this Interlocal Agreement, the term " Interlocal Agreement" shall mean this Interlocal Agreement. 11. Both parties acknowledge the SHIP enabling legislation, the rules promulgated to implement same, and that the Statute and the rules are incorporated herein as if they were reprinted. - 12. Attached to this Interlocal Agreement are copies of the Ordinance No. 93- 19, as amended, which creates the Collier County Housing Assistance Program, establishes the Housing Trust Fund, and creates the Affordable Housing Advisory Committee in accordance with Florida Statutes and Florida Administrative Code. 88 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. DATED` ATTEST: r DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL CIEN . PATRIC G. WHITE ASSISTANT COUNTY ATTORNEY DATED: ATTEST: TARA A. NORMAN, CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BEVERLY GRADY , CITY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA By: JAMES D. CARTER, Ph.D., CHAIRMAN CITY OF NAPLES, a municipal corporation By: BONNIE R. MACKENZIE, MAYOR ORDINANCE NUMBER 93 -19 N A N AN ORDINANCE PURSUANT TO THE STATE ROUSft; _T INITIATIVES PARTNERSHIP (SHIP) PROGRAM; PROVID11027G n.l FOR INTENT AND PURPOSE; PROVIDING FOR TITLa ,,, rr- CITATIONI PROVIDING FOR DEFINITIONS; PROVIDING mit TUN CREATION OF THE LOCAL HOUSING ASSISTANCE TROT FUND; PROVIDING FOR A FOCAL HOUSING PARTNERSH4; PROVIDING FOR ESTABLISHMENT OF TEE LOCAL HOUSING Zu ASSISTANCE PROGRAM; PROVIDING FOR TEE DESIGNATION �V OF RESPONSIBILITY FOR IMPLEMENTATION OF THE LOC ROUSING ASSISTANCE PROGRAM; PROVIDING FOR TIN? r APRIm CREATION OF TEE LOCAL HOUSING ADVISORY COMNITTE RECaft PROVIDING FOR TEE LOCAL ROUSING INCENTIVE P Clark ADOPTION; PROVIDING FOR CONFLICT AND SEVERABILITY,� �ROifd AND PROVIDING FOR AN EFFECTIVE DATE. -,• ` F� WHEREAS, Collier County adopted the Collier County Growth Management Plan as its Comprehensive Plan on January 10, 1989 pursuant to the requirements Of Section 163.2161 et sea -, Florida Statutes, and Rule 9J -5, Florida Administrative Code; and WHEREAS, Collier County has attempted to address the problem of lack of adequate and affordable housing for very low, low and moderate- income households in the County and the need for innovative programs to assist in the provision of such affordable housing by including provisions in the Growth Management Plan including objective 1.4, policy 1.4.1, objective 1.5, policy 1.5.3, policy 1.5.4, objective 1.6, policy 1.6.3, objective_ 2.1, policy. 2.1.2, policy 2.1.5 and policy 2.1.6 of the Housing Element; and WHEnr.AS, the Florida State Legislature enacted the William E. Sadowski Affordable Housing Act, Outlined in Section 420.907 gt,. sea., Florida Statutes, and Chapter 9I -37, Florida Administrative code, as a comprehensive funding package for State and local housing programs to better enable local governments to meet their responsibilities for affordable housing in accordance with their comprehensive plans. WHEREAS, Collier County has prepared a Housing Assistance Plan which is consistent with Section 420.907 et, sea., Florida Statutes, Chapter 9I -37,' Florida Administrative Code and the Housing Element of the Growth Management Plan of Collier County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: 10ox 060 PACE gp -1= r: �• n 'n Vii;' ` • . v Fir L— 6 ORDINANCE NUMBER 93-_19 m FILED MAY 10 1 54 PH '93 ANA ORDINANCE PURaVANT TO THE BTATS 80IISQ ZN XATiVEa PARTNERS$IP (GRIP) PROGRA![; PR0V299TARY OF STATE Fff INTENT D PVRPOSE; PROVIDING FOR TITLE AND ATZON; PROVANIDING FOR DEFINITIONS= PROVIDING FOR E CREATION OF THE LOCAL ROUSING ASSISTANCE TRUST FUND; PROVIDING FOR A LOCAL ROUSING PARTNERSHIP; PROVIDING FOR ESTABLISHMENT OF THE LOCAL ROUSING ASSISTANCE PROGRAM; PROVIDING FOR THE DESIGNATION OF RESPONSIBILITY FOR XMPLEHENTATION OF THE LOCAL HOUSING ASSISTANCE PROGRAM; PROVIDING FOR THE CREATION OF THE LOCAL HOUSING ADVISORY COMMITTEE; PROVIDING FOR THE LOCAL HOUSING INCENTIVE PLAN ADOPTION; PROVIDING FOR CONFLICT AND 8 EVE RAEILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County adopted the Collier County Growth Management Plan as its Comprehensive Plan on January 20, 1989 pursuant to the requirements of Section 163.3161 et gee., Florida statutes, and Rule 9J -5, Florida Administrative Code; and WHEREAS, Collier County has attempted to address the problem of lack of adequate and affordable housing for very low, low and moderate - income households in the County and the need for innovative programs to assist in the provision of such affordable housing by including provisions in the Growth Management Plan including objective 1.4, policy 1.4.1, objective 1.5, policy 1.5.3, policy 1.5.4, objective 1.6, policy 1.6.3, objective 2.1, policy 2.1.2, policy 2.1.5 and policy 2.1.6 of the Housing Element; and WHEREAS, the Florida State Legislature enacted the William E. Sadowski Affordable Housing Act, outlined in Section 420.907 rt, sea., Florida Statutes, and Chapter 9I -37, Florida Administrative Code, as a comprehensive funding package for State and local housing programs to better enable local governments to meet their responsibilities for affordable housing in accordance with their comprehensive plans. WHEREAS, Collier County has, prepared a Housing Assistance Plan which is consistent with Section 420.907 et, spa., Florida Statutes, Chapter 91-37, Florida Administrative, Code and the Housing Element of the Growth Management Plan Of Collier County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: BOOK 060 PAGE 81 -1- �1' R (l` SECTION I. Intent and Purnose A. The intent of this ordinance ism ;!•:,' 1. To make affordable residential housing available for Very T� 'rr Low- income Persons, Low- income Persons or Moderate- income Persons M•;- and thoso Persons Who Have Special Housing Needs. 2. To combine local resources and cost saving measures into a partnership by using private and. public funds in order to reduce ` the cost of housing. kb:. 3. To assist in building the organization and technical capacity of Community -based organizations to optimize the role of Community -based Organizations in the production of affordable housing. 4. To promote innovative financing techniques designed to meat the special needs of Eligible Persons or Eligible Sponsors; `. encourage developers to construct low -cost housing; and encourage ;;• innovative design of Eligible Housing that provides cost savings. B. The purpose of the Ordinance is to accomplish the stated intent by implementing an affordable housing program which will be ? monitored by the Collier County Affordable Housing Director and 'z ,..: the Local Housing Advisory Committee. The purpose of the Local , Housing Assistance' Program is to better most the objectives and' policies of the Housing Element of the Collier County Growth Management Plan by increasing housing opportunities for Persons who Have Special Needs and for Very Low- income Persons, Low- income .r Persons and Moderate- income Persons while providing for the protection of natural resources, and planning for community ;.. development and economic growth. d**k_. SECTION II. Title and imitation a':.. This Ordinance shall be known and cited as the "Collier County f;•' Housing Initiatives Partnershi p (SHIP) Program". SECTION III. nefinitions j, As used in this ordinance, the terms: A. ,std FOX Family Sitia - means adjusted in a manner which results in an income eligibility level that is lower for households having fewer than tour people, or higher for households having more than four people, than the base income eligibility 500K 060 PAGE 82 -2- x, :r. j�•i - y.: determined as provided in Subsection (M) , Subsection (o) and Subsection (Q) below, based upon a formula established by the United States Department of Housing and Urban Development. B. Adiu ed Prose Income - means wages, income from assets, regular cash or non -cash contributions, and any other resources and benefits determined to be income by the United States Department of Housing and Urban Development, Adjusted For Family Size, minus the deductions under Section 61 of the Internal Revenue Code of 1986, as amended. C. Affordable - means that monthly rents or monthly mortgage payments including taxes and insurance do not exceed thirty (30 %) percent of that amount which represents the percentage of the median adjusted gross annual income for the households qualifying under the definitions of Very Low- income Persons, Low-income Persons or Moderate- income Persons. D. Award - means a loan, grant or subsidy funded wholly or partially by the Local Housing Distribution. Z. community-based organization - means a non - profit organization that has among its purposes the provision of affordable housing to Persons Who Have Special Heeds or Very Low-income Persons, Low- income Persons, or Moderate- income Persons within a designated area, which may include a municipality, a county, or more than one municipality or county, and maintains, through a minimum of one -third representation on the organization ,ls governing board and otherwise, accountability to housing program beneficiaries ana. residents of the designated area. A community housing development organization established pursuant to 24 CFR, Part 92.2 and a community development corporation created pursuant to Chapter 290, Florida Statutes, are examples of Community -based Organizations. F. Eligible Housing - means any real and personal property located within the County which is designed and intended for the primary purpose of providing decent, safe and sanitary residential units that are designed to most the standards of Chapter 553, Florida Statutes, for home ownership or rental for Eligible Persons as designated by each county or eligible municipality DOOx QUOPAGE 83 -3- 0 iM ?, f rep: eti',. . RI V.� participating in the Local Housing Assistance Program. G. E]leible Person - means one or more natural persons or a family determined by the County to be Persons Who Have Special Sousing Heeds, or very Low- income Persons, Low- income Persons or Moderate- inC071e Persons according to the Adjusted Gross Income of the resident as Adjusted For Family Size. H. rilgible Sponsor - means a person or a private or public for- profit or not - for - profit entity that applies for an Award under the Local Housing Assistance Program for the purpose of providing Eligible Housing for Eligible Parsons. I. GraIIL •- means a distribution of a portion of a Local Housing Distribution to an Eligible Sponsor or Eligible Person to provide assistance under the Local Housing Assistance Program. J. Hgulling Assistance Plan - means a concise description of the Local Housing Assistance Program adopted by this ordinance With an explanation of the way in which the program meats the requirements of this ordinance and Sections 420.907 through 420.9079, Florida statutes. E. . -•Lg= - means a pledge of Local Housing Distribution moneys to an Eligible Sponsor or Eligible Person to partially finance the acquisition, construction or rehabilitation of Eligible Housing. L. Lo al Housing Distribution - means the proceeds of the taxes collected under Chapter 201, Florida Statutes, deposited into the local Government Trust Fund and distributed to counties and eligible municipalities participating in the State Housing Initiatives Partnership Progra+r pursuant " Section 420.9073, Florida Statutes. M. Low- income Person - means one or more natural persons or a family, not including students, that has a total annual adjusted gross household income that does not exceed eighty (80%) percent of the median annual Adjusted Gross income for households within the State or 80t of the Median Adjusted Gross Income for households within the Metropolitan statistical Area or, if not within a Metropolitan Statistical Area, within the County, whichever amount is greater. with respect to rental units, the eoox 060 PACE 84 -4- R 4� S. s +. . sy iirr.•. d! , L low- income person's annual income at the time of initial occupancy may not exceed eighty (80%) percent of the State's median income Adjusted For Family Size. While. occupying the rental unit, a low income person's annual income may increase to an amount not to exceed one hundred and forty (140#) percent of eighty (80%) percent of the State's median income Adjusted For Family Size. N. Metropolitan Statistigal Arga - means, as defined by the V.S. census, one or more entire counties economically and socially integrated that have a large population center which meets the following criteriat (1) one central city with 50,000 inhabitants or more; or (2) a central city with at least 25,000 inhabitants provided: (a) that the city's population taken together with that of contiguous places totals at least 50,000. inhabitants and constitutes, for general economic and social purposes, a single community, and (b) the county or counties in which these places are located have at least 95,000 inhabitants. O. Moderate- income Parson - means one or more natural persons or a family, not including students, that has a total annual adjusted gross household income that is less than one hundred and twenty (120%) percerit of the median annual Adjusted Gross Income for households within the State or one hundred and twenty (120 %) percent of the median annual Adjusted Gross Income for households within the Metropolitan Statistical Area or, if not within the Metropolitan Statistical Area, within the County, whichever is greater. With respect to rental units, the moderate - income person's annual income at the time of initial occupancy may not exceed one hundred and twenty (120t) percent of the State's median income Adjusted For Family Size. While occupying the rental unit, a moderate - income person's annual Adjusted Gross Income may increase to an amount not to exceed one hundred and forty (140%) percent of one hundred and twenty (120%). percent of the State's median income Adjusted For Family Size. P. persons Whg Have Special Needs - means individuals who have incomes not exceeding those of Moderate - income Persons and, because of particular social, economic or health - related circumstances, may have greater difficulty acquiring or Bou 060 PAGE 85 -5- s ( r; r- a: wal maintaining Affordable housing. Such persons may have, for example, encountered resistance to their residing in particular communities, and may have suffered increased housing costs resulting from their unique needs and high risk of Institutionalization. Such persons may include, but not be limited to, persons with developmental disabilities; persons with mental illnesses or chemical dependency; persons with acquired immune deficiency syndrome (AIDS) -and human immunodeficiency virus (HIV) disease; runaway or abandoned youth; public assistance recipientsl migrant and seasonal farmworkers; refugees and entrants; the elderly; and disabled adults. 0. Very Low-income person - means one or more natural persons or a family, not including students, that has a total annual adjusted gross household income that does not exceed fifty (50 %) percent of the median annual Adjusted Gross Income for households within the State or fifty (50 %) percent of the median annual Adjusted Gross Income for households within the Metropolitan Statistical Area or, if not within a Metropolitan Statistical Area, within the county, whichever is greater. With respect to rental units, the very Low- income Person's annual income at the time of initial occupancy may not exceed fifty (504) percent of the State's median income Adjusted For Family Size. While occupying the rental unit, a Very Low- income Person's annual income may increase to an amount not to exceed one hundred and forty (140 %) percent of fifty '(504) percent of the State's median income Adjusted For Family Size. SECTION IV. _Creation of the Local Housing Assistance Trust Fund A. The Local Housing Assistance Trust Fund is hereby created and established. B. All moneys received from the State pursuant to the State Housing Initiative Partnership (SHIP] Program and any other funds received or budgeted to provide funding for the Local Housing Assistance Program shall be deposited into the Local Housing Assistance Trust Fund. Administration of the Local Housing Assistance Trust Fund shall comply with Rule 9I- 37.008, Florida Administrative code. E00K 060 PAGE 86 -6- -, C. Expenditures other than for the administration and implementation of the Local Housing Assistance Program shall not �!! be made from the Local Housing Assistance Trust Fund. p. Amounts on deposit in the Local Housing Assistance Trust :...' Fund shall be invested according to Collier County investment 1: policies and procedures. All investment earnings shall be retained in the Local Housing Assistance Trust Fund and used for the purposes thereof. Pr E. Until utilized for the purposes thereof, moneys in the ?..•. Local Housing Assistance Trust Fund shall be held in trust by the :k,. County solely for use pursuant to the Local Housing Assistance Program. All Local Housing Assistance Program income, including investment earnings, shall be retained in the Local Housing Assistance Trust Fund and used for the purposes thereof. F. The County agrees that the Local Housing Assistance Trust Fund shall be separately stated as a special revenue fund in r, the County audited financial statements. Copies of such audited financial statements shall be forwarded to the Florida Housing cr Finance Agency as soon as such statements are available. �? SECTION V. Local Housing A. The Local Housing Partnership is hereby created and established. i. B. The Local Housing Partnership shall include, but is not R:' limited to, the County, Community -based Organizations, for - profit .�.. housing developers, lending institutions, providers of M. �. professional services relating to Affordable housing, and as Ice r' organizations working on behalf of Persons Who Have Special Needs. 6: ; C. The Local Housing Partnership shall assist in the �4'.. implementation of the Local Housing Assistance Program in accordance with this Ordinance, Sections 420.907 through 420.9079, Florida Statutes, and Chapter 9I -37, Florida Administrative Code. F] ' SECTION VI. Estahlishnent of the Local Housing Assistance Program A. The Local Housing Assistance Program is hereby created and established. BOOK 060PAGE 87 -7- f;e. The contents of the Local Housing assistance Program 4� includes (1) this Ordinance entitled "the Collier County Housing Initiatives Partnership (SHIP) Program "; (2) the Housing Assistance Plan; (3) Certifications; and (4) Appendices. Items one through Pour of this Subsection B, copies of which are annexed to this ordinance, are adopted by reference and made a part of this ordinance. �ii•..:.. C. The Local Housing Assistance Program shall use Ona Hundred (100) percent of the funds held in trust as follows: The funds may be used to provide the local matching j funds in order to obtain federal housing grants for !1y• federal programs. 2. The funds may be used to provide for the following capacity building strategies for Community -based organization. J. a. operating and administrative expenses. b. Training for real estate development. ` - c. Training for construction project management. 3. The funds may be used to implement the following locally- designed strategies: (a) Purchase assistance; ownership opportunities may be created for Eligible Persons through M: mortgage reductions, and /or low or no interest loans for down payments and /or closing costs. (b) Acquisition /rehabilitation; Very Low- income Persons and Low- income Persons may be awarded y. "x. funds to acquire existing housing units for ;v 4 ,•.. renovation. �• (c) Impact fee assistance; Eligible Persons may be :r. V. awarded funds for the payment of waivers or deferrals of impact fees for Eligible Housing t for Very Low- income Persons and Low- income Persons. (d) Land Acquisition; the County may through purchase or donation acquire land independent. BOOK 060 PA',E gg • -8- F • tT •.R 1 of a specific project for the express purpose '�'•. of providing Eligible Housing at a future time. .i (e) Construction /rehabilitation; (1) the County may provide locally- designed strategies that create or preserve Affordable housing through the ':. construction or repair of homes for very ¢� Low- income persons and Low- income t' Persons. (2) The County may seek local developers and contractors and other organizations willing to construct Affordable housing which offer such incentives as the County adopts in its Local Housing Incentives 1!- Plan. These incentives may include, but y. are not limited to, assistance in the I� �S' r construction of the infrastructure for eligible neighborhoods, impact fee .,�,•... credits or paymentm and /or the purchase �..... of the land by the County upon which construction will occur. r. (f) The cost of administering this Local Housing Assistance Program shall not exceed five (5t) Of the State Housing Initiatives Partnership M. [SHIP) Program funding, guaranteed from the State of Florida, unless such costs are ` .: increased to a maximum of ten (10 ;) by County ' Resolution pursuant to Section 420.9075 Florida Statutes and any amendments thereto. D. The County shall coordinate its efforts with financial institutions as follows: 1. The County shall work with banks and savings institutions to meat their obligations under the .' community Reinvestment Act (CRA] to affirmatively address the credit needs of the entire community. =' sooK 660 PA« .89 q� L. -9- a' 1. 1' r� F. a. in meeting their obligation, banks and savings institutions shall be encouraged to engage in activities that include, but not are limited to the following: Increase efforts to make loans for home mortgages and home improvements in conjunction with government insured lending programs such as FHA and VAi make loans with high loan to value ratios when there is private mortgage insurance= provide assistance to existing or emerging Community -based Organizations= extend lines of credit and other financing to Community -based organizations= and provide a secondary market for Community -based organization development loans. 2. The County shall seek lending institutions to work with Eligible Persons or Eligible sponsors in providing lour -cost loans, interest point buy -down programs and other cost - saving mechanisms in order to facilitate home ownership for Very Low- income Persons and Low - income Persons and Persons Who Have special Housing Needs. The county shall provide incentives for the preservation and production of Affordable housing for Eligible Persons including, but not limited to, the donation of land or availability of low -cost land or land -lease arrangements, assistance in the construction of infrastructure, availability of impact fee credits or deferrals and /or security deposit credits or payments. The Local Housing Assistance Program shall include all other lawful ,objectives not previously listed if said objectives have been adopted into the Housing Assistance plan in the manner provided by statute. In implementing its Housing Assistance plan, the County shall: 1. At least thirty (30) days prior to the beginning of any application period, advertise the availability of the Local Housing Assistance Program in —10— • "OX QUO PALE 90 r �w I W01 re MI ej IUD s r* newspapers of general circulation and periodicals serving ethnic and diverse neighborhoods. 2. The County shall, in its Housing Assistance Plan, X. adopt a maximum Awards schedule or system of Awards that comply with the following criteria: p� a ( ) At least sixty-five 65� y- ( ) percent of all•the funds + made available in the County shall be reserved for home ownership for Eligible Persons. ' e ( b) At least :.+event five y- (75%) percent of the total funds shall assist with construction, rehabilitation or emergency repair of Affordable housing. �! (c) The sales price of new or existing Eligible Housing ., shall not exceed ninety (90 %) percent of the median p area purchase price in the area where the Eligible Housing is located as established by the United ryye': states Department of Treasury in accordance with v' section 3 (b) 2 of the United states Housing Act of 1937. (d) All housing constructed, rehabilitated or otherwise assisted with the funds provided from the Housing Assistance Plan must be occupied by Very Low- income �4 Parsons, Low- income Parsons and Moderate- income s;. Persons. At least thirty (30%) percent must be occupied by Very Low- income Persons, and at least }, an additional thirty 30� y ( ) percent by Low- income Persons. �'. (e) Loans shall be provided for periods not exceeding thirty (30) years, except for deterred project loans or loans that extend beyond thirty (30) years which continue to serve Eligible Persons. k' (f) Eligible rental housing constructed, rehabilitated or otherwise assisted from the Local Housing Assistance Program is reserved for Eligible Parsons for fifteen (15) years or the terra of assistance, >' whichever is longer. Eligible Sponsors who otter BOOK 060 PACE 91 r* ME v •, e�'. q' cir�1' lufli) rental housing for sale before fifteen (is) years from the date of issuance of the certificate of occupancy or that have unsatisfied mortgages funded under this program must give a first right of refusal to eligible not - for - profit organizations for purchase at the current market .value for continued occupancy by eligible recipients. (q) Eligible owner - occupied housing constructed, rehabilitated or otherwise assisted from proceeds provided from the Local Housing Assistance Program shall be subject to the recapture provision of the mortgage revenue bond program contained in Section 143(m) of the Internal Revenue Coda of 1986. (h) The total amount of monthly mortgage payments or the amount of monthly rent charged by the Eligible Sponsor or his designee must be wads Affordable. (i) The cost per unit and the maximum cost per unit for Eligible Housing benefiting from Awards made pursuant to this Local Housing Assistance Program will be established by County resolution. (j) A qualification system for applications for Awards will be established through the Housing Assistance Plan. (k) The staff or entity that has administrative authority for this Local Housing Assistance Program shall annually monitor and determine tenant eligibility and the amount of the subsidy pursuant to the provisions of this Ordinance and State and Federal law. The County, the Local Housing Partnership, and all Eligible Sponsors shall not discriminate on the provision of Affordable housing to Very Low - income Persons, Low- income Persons or Moderate- income Persons on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the loan application process for Eligible Housing. MK 060 PACE 92 -12- T' ,y. 3. The county shall comply with all rules and regulations of the Florida Housing Finance Agency in connection with required reporting of compliance of its Housing Assistance Plan. 4. Prior to receiving an Award, all Eligible Sponsors or Eligible Persons shall enter into an agreement with the County, agreeing to comply with the affordable housing criteria provided under sections 420.907 through 420.9079, Florida Statutes, and this Ordinance. In the event of a transfer of ownership of property to an Eligible Person or Eligible Sponsor pursuant to the Housing Assistance Plan, the County shall require a covenant in the deed or mortgage stating the grantee or the mortgagor agrees to comply with the terms of the affordable housing criteria provided under sections 420.907 through 420.9079, Florida Statutes, and this Ordinance, which covenant will run with the land in the case of a dead. Failure to comply with the covenant in the mortgage shall result in a default of the mortgage with all remedies and rights for enforcement of the agreement insuring to the benefit of the County. SECTION VII. pesicniation of Responsibility For Impl mentation Of The Local Housing Assistance Program. The Affordable Housing Director is designated as the person responsible for the development and implementation of the Housing Assistance Plan. Such person shall be responsible for coordinating with the Florida Housing Finance Agency and facilitating the funding of the State Apartment Incentive Loans [SAIL) and setting up advertisements and workshops to advise potential home buyers of the existence and terms of the Housing Assistance Plan. Such person will work with the Local Housing Advisory committee and other Affordable housing groups to monitor the success of the Housing Assistance Plan and provide advice and suggestions as to methods for improving the effectiveness of the Housing Assistance Plan from year to year. The total amount paid for administrative expenses in connection with the development and WK 060 PAGE 93 -13- M .1 f .xr:r• b.: V . k; M r•• implementation of the Housing Assistance Plan, including any costs of employee salaries and benefits, shall not exceed five (5t) percent of the total SHIP funding amount in any given year, unless such costs and expenses are increased to a maximum of ten (10%) percent by County Resolution pursuant to Section 420.9075 (5), Florida Statutes and any amendments thereto. SECTION VIII. Creation of the Local Housing Advisory Committee. A. Thare is hereby created the Local Housing Advisory Committee (the "Committee^), whose members shall be appointed by resolution of the Board of County Commissioners with recommendations from the Naples City Council. B. The Committee shall consist of nine members. Five members shall constitute a quorum. The Committee may not take formal actions unless a quorum is present but may meat to hear presentations if duly noticed. The committee shall include the following: 1. one (1) citizen who is actively engaged in the residential home building industry; 2. one (1) citizen who is actively engaged in the banking or mortgage banking industry= 3. one (1) citizen who is a representative of those areas of labor engaged in home building; 4. One (1) citizen who is designated as an advocate for Low- income Persons; 5. one (1) citizen who is a provider of Affordable housing; •6. one (1) citizen who is a real estate professional. C. Members shall serve for two -year terms and may be re- appointed for subsequent terms. D. Meetings shall be held monthly for the first year of Committee's existence and quarterly, or more frequently as necessary thereafter. E. The Committee shall comply with the Government in the Sunshine Law, the public records law and the special provisions regarding notice of Local Housing Incentive Plan considerations 600K 060 PAGE 94 -14- e found in Section 420.9076, Florida statutes. Minutes of the 4'l.. meeting will be kept by the Collier County Affordable Housing Director and shall be submitted to the Board of County Commissioners and Naples City Council. „r F. The Committee shall annually elect a Chairman, ;zt ,`..: vice - Chairman and such other offices as it deems necessary. The r'•a chairman is charged with the duty of conducting the meetings in a tk manner consistent with law. �A G. staff, administrative and facility support for the Committee shall be provided by the Hoard of County Commissioners Iv r and City of Naples. H. The Committee shall have the following duties: 1. The Committee shall review established policies and procedures, ordinances, land development regulations and the Housing Element of the Growth. i1i• �: . Management Plan - of the Board of County ;r,.. Commissioners and Comprehensive Plan of the City of Naples and shall recommend specific initiatives to encourage or facilitate Affordable housing while +fir' protecting the ability of the property to appreciate in value. The recommendations may .jr include the modification or repeal of existing policies, procedures, ordinances, regulations or land provisions; the creation of exceptions applicable to Affordable housing; or the adoption j of new policies, procedures, regulations, `Cr• ordinances or plan provisions. At a minimum, the committee shall make recommendations on affordable housing incentives in the following areas: (a) Affordable housing definition in the appointing resolution. (b) The expedited processing of permits for affordable housing projects. (c) The modification of impact fee requirements, including reduction or waiver of fees and alternative methods of fee payment. BOOK 060 PAGE 95 -15- ' i t3d HEM (d) The allowance of increased density levels. ?; (e) The reservation of infrastructure capacity for .: housing of Very Low- income Persons and Low- income Persons. (f) The transfer of development rights as a v financing mechanism for housing of Very Low- income persons and Low- income Persons. .;' (g) The reduction of parking and setback y requirements. h The allowance .of zero -lot -line configurations. gurations. (i) The modification of sidewalk and street + requirements. (j) The establishment of a process by which the ? local government considers before adoption, policies, procedures, ordinances, regulations, or land provisions that have a significant k� impact on the cost of housing. 2. Within nine (9) months from the. adoption of the ordinance the Committee shall make recommendations •. r approved by a majority of its members at a public hearing concerning the adoption of the Local Y; Housing Incentive Plan. Notice of the time, date x' and place or the public hearing of the committee to adopt final affordable housing incentive plan *° recommendations shall be advertised in a newspaper � of general circulation in the County before the J1 is, • scheduled hearing. The notice of the public is +t meeting must contain a short, concise summary of s;• the affordable housing incentive recommendations to '. be considered by the Committee. The notice shall also state the public place where a copy of the Committee recommendations can be obtained by r: ` interested persons. SECTION IX. Local Hoysina_Incentive Plan Adontion. Within ninety (90) days after the data of the receipt of the affordable housing .incentive recommendations from the Committee 500K U U nc O PAa 96 • ,f � 1 ID M' and the applicable public hearing, the board o! County +; Commissioners shall adopt by ordinance, the Local Housing 4 } ' Incentive Plan. The Plan shall at a minimum consist of specific 1 . ; initiatives to encourage and facilitate Affordable housing, and a : schedule for implementation which includes (1) a schedule for implementation of expedited permit processing for Affordable housing projects and (2) a process for review of local policies, ordinances, regulations and planned provisions that significantly p.'.. impact the cost of housing. The Board of County Commissioners shall, upon adoption of the Local Housing Incentive Plan, sand a copy of the Plan to the Florida Housing Finance Agency by �•.. certified mail. SECTION X. ggnrilct and everability. In tha event this Ordinance conflicts with any other • �:::•. ordinance of Collier County, the more restrictive shall apply It •'�. any phrase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by administrative agency •or other body with appropriate any court, Vii;;,'•.. jurisdiction, the remaining section, subsection, sentences, clauses, or phrases and their application shall not be affected ' °. thereby. SECTION XI. Ftfpc *iYe Date. This Ordinance shall become effective thirty (30) days after formal adoption. if'.�' PASSED AND DULY ADOPTED by the Board of County Commissioners Y, or Collier County, Florida this /3 day of • • .1993'. i. ; f :" 1:': »;'• s' "' BOARD OF COUNTY COMMISSIONERS ATf ;:pl OCR., CLERK COLLIER COUNTY, FLORIDA BY: URT L. SAUNDERS, CHAIRMAN •'` �,• ,� :y.r ,''•, Cam] •,� �[r, ' O T'•FoRH AND LEGAL SUFFICIENCY :,•:A •AOW��j . y This ordironce filed with ft i Secretary of State's Offid the H IDI F. AS TON �+-- -- and ocknowl of fF# -- ASSISTANT COUN'T'Y ATTORNEY foifi nceMdth day ��fi'' aoox 060 PAGE 97 ,, Eli- A �6 rgT . and the applicable public haaring, the Board of County Commissioners shall adopt by ordinance, the Local Housing Incentive Plan. The Plan shall at a minimum consist of specific initiatives to encourage and facilitate Affordable housing, and a schedule for implementation which includes (1) a schedule for implementation of expedited permit processing for Affordable housing projects and (2) a process for review of local policies, ordinances, regulations and planned provisions that significantly impact the cost of housing. The Board of County Commissioners shall, upon adoption of the Local Housing Incentive plan, sand a copy of the Plan to the Florida Housing Finance Agency by certified mail. SECTION X. conflict and Seye abil In the event this Ordinance conflicts with any other ordinance of Collier County, the more restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases and their application shall not be affected thereby. ',�� %'.•' SECTION XI. Effective Date. This Ordinance shall become effective thirty (30 ) days after &' formal adoption. PASSED AND DULY ADOPTED by the Board of County Commissioners }' of Collier County, Florida this i3 day or �� =�'`•' 1993: �'' -: G r.' i'r .•• .•uVAI%Q.O. UN ; l' .ATTESTUN.".' BOARD OF COUNTY COMMISSIONERS • ' : :�• DWIGHT : E.lIBCK, CLERK ' +..r: , • • COLLIER COUNTY , FLORIDA ,fit �� •�. BY: �� `• �� URT L. AUNDERS , CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCXh ordlnome flW with the Seen�ory of 5 a �'¢ Olfj Vk40;KJCry of —q and ocknowl 9 f that HEIDI F. flll revel day ASSISTANT COUNTY ATTORNEY I 6008 60 PAGE 98 DW.1y C`'* ;�` . — 17— octios I Betion II etion III Wei General Infornation2 This Housing Assistance Plan mete forth the plans of Collier County to increase the supply of affordable housing in Collier County. This Plan mestm the provisions of Chapter 91 -37 of the Florida Administrative Code, state Housing Initiatives Partnership (SHIP) Program. This Plan is limited to the City of Maples and Collier County. The City of Maples and Collier County have entered into an Interlocal Agreement for the local administration of the SHIP program. This plan covers a three (3) year period beginning with fiscal year 1992 and ending on June 30, 1993. implementation This plan i• designed to increase the availability of affordable housing by utilising various strategies. very low and low- income families will be able to participate in the following strategies@ lA Impact Fee Relief - Home Ownership in Impact Fee Relief - Rental Housing ZA Homeowner Rehabilitation and emergency Repair Zs Rental Rehabilitation and Emergency Repair 3. Dam Payment Assistance with Rehabilitation and emergency Repair 4. Assistance to Community -Based Organisations S. Federal or state Match for Housing Programs 6. Land Acquisition All units &@misted will be contractually subject to the recapture provision of the Mortgage Revenue Bond Program contained in $143(H) of the Internal Revenue Code 1986. Budget This budget covers Collier County's first three years of participation in this program. The figures arm estimated and based on the projected revenue for the three years. The Percentages reflect staff's recommendations on the disposition of funds, which is in conformance with the rules governing the SHIP Program. -1- BOOK 060 PAGE 99 e c.� , «..r 1 State .Housing Initiative■ Partnership Sousing Assistance'Plan Collier County Fiscal Year 1991 -95 yr^ General Infornation2 This Housing Assistance Plan mete forth the plans of Collier County to increase the supply of affordable housing in Collier County. This Plan mestm the provisions of Chapter 91 -37 of the Florida Administrative Code, state Housing Initiatives Partnership (SHIP) Program. This Plan is limited to the City of Maples and Collier County. The City of Maples and Collier County have entered into an Interlocal Agreement for the local administration of the SHIP program. This plan covers a three (3) year period beginning with fiscal year 1992 and ending on June 30, 1993. implementation This plan i• designed to increase the availability of affordable housing by utilising various strategies. very low and low- income families will be able to participate in the following strategies@ lA Impact Fee Relief - Home Ownership in Impact Fee Relief - Rental Housing ZA Homeowner Rehabilitation and emergency Repair Zs Rental Rehabilitation and Emergency Repair 3. Dam Payment Assistance with Rehabilitation and emergency Repair 4. Assistance to Community -Based Organisations S. Federal or state Match for Housing Programs 6. Land Acquisition All units &@misted will be contractually subject to the recapture provision of the Mortgage Revenue Bond Program contained in $143(H) of the Internal Revenue Code 1986. Budget This budget covers Collier County's first three years of participation in this program. The figures arm estimated and based on the projected revenue for the three years. The Percentages reflect staff's recommendations on the disposition of funds, which is in conformance with the rules governing the SHIP Program. -1- BOOK 060 PAGE 99 e snip RaQOIRSD ALLOGITIONS FISCAL MRS 1993 -95 rr 92/93 93/94 94/95 Allocation $234,393 $310,792 $340,856 73% Req. for Construction /Rehab. $190,796 $233,094 $253,627 63% Req. for ownership Assistance $165,357 $202,015 $221,543 snip avcoST rr 92/93 Intimated Revenue $254,393 Administrative Costs S 25,439 (10%) strategy Ii SNPACT its R=LISr A) Ownership $129,470 s) Rental S SB,S98 strategy 0 2 RInAS1ILITATIOX AND IMMUNCY RIPAIRS A) ownership 5 35,888 e) Rental 0 Strategy 0 6 ASSIST. TO COHH. SASID ORGAN ;CATIONS $ 5,000 TOTAL Snip 9? 92/93 I:pesditures S254,395 SIIV ADmixinTIMMIR DMMZT rY 92/93 start Salaries S 10,439 Special Audit S 10,000 rars Workers Housing Study S 5.000 Total Administrative Costs $ 23,439 Total SNIP runds allowed for $ 23,439 Administrative Costs URNDATID RIQVIRZN=s 751 Required for construction /rehab. $190,796 rY 92/93 allocated for $223,956 construction /rehab 65% Required for Nome Ownership Assistance $165,357 rr 92/93 allocation for Nome ownership $165,358 -2- EODK 060 PAGE ,J00 6" 1� y, ,1 t' [•h:r : . P V..i . • A r�•'r ry , t; i'. slip UNITS ASSIZTSa rr 92/93 Strategy 11 IMPACT FZ! RZLIEF A) Ownership very Lou - income 17 Low -in— S D) Rental Very Low - income So Low- lneeme 0 Strategy 12 RZNADILITAT.ION AND XMIRGENCT RZPAIRD A) Nome Owners Very Low - income 7 Low- income 0 D) Rental* very Low- income 0 Low- income 0 TOTAL Onits assisted rY 92/93 79 Strategy 14 ASSIST. TO COMM- DASZD ORGANIZATIONS M/A ULUDLM RipOIltElialTi Dnits oandated for Very Low- income persons 30% rr 92/93 Very Low- incame units assisted 94% Units mandated toe Low- ineome persons 30• rr 92/93 Low- income units assisted 6%00 All units assleted will be for Very Low or Low- income persons. •• CUMULATIVE FIGURES ARE ACCZPTADLZ TO MEET THESE REQUIRLMZNTs BOOK 060 PAGE JOJ -3- rte' .,W: XVIF DVDQXT F1 93/94 XSTIMATzD RzVxMUz $310*792 "XINISTRATIVS COSTS $ 31#079 (10►) IMPACT FIE mizr A) OmRSHIP, S 75,000 8) RMAL 1 25.000 STRATmY 0 2 nXABILITATION AND Imaxacy REPAIRS A) OwNeRSHIP $ 79,723 B) Rx"AL S 30,000 0 2 mm PAymzNT ASSIST. W/ Rtm. $ 60,000 STRATEGY ASSIST. TO COMM. 5"= ORGANIZATIONS $ 5,000 2,TRAT"T 0 s MATCH FOR HOUSING PROGRAMS $ 5,000 TOTAL s2XV rr 93/94 ZXPXNDZWnt $310,792 SHIP, AmavISTRATIV2 AUDON2 PY 13196 staff salaries $ 13,229 special Audit $ 10,000 Housing Needs Study 1 7,890 Total Administrative costs S 31,079 Total SHIP Funds allowed for S 31,079 adb►LnLetrativ* costs XU=4=D REQ=R=MNTS 73► required for construction /rehab. $223,094 rY 93/94 allocated for $269,713 construction /rehab 65► required for home ownership assistance $202,015 Sy 93/94 allocation for home ownership 214,713 . 1j . im 060P&A02 -4- Mp UNITS ASSISTED n 93/94 strategy It IMPACT Fs! RELIET A) Ownership Very Low- Lneome 10 Low - income 3 D) Rental Very Low - income B Low- Lncome 0 strate47 12 R33MILITATION AND EMERGENCY REPAIRS A) Rome Owner Very Low- income 16 Low- income 0 E) Rental Very Lew- income 9 Low- income o strategy / 3 DM PAYMMM ASSIST. N/ REHAB. Very Low - income 4 Low- income s Strste97 1 • ASSIST. TO COMM. BASED OROANISATIONS M/A strategy 0 s MATC![ FOR MOUSING PROGRAMS Very Low - income 2 Low - income 1 TOTAL Units assisted FY 93/94 61 XANDA= RLQUIRElOtMTS Units mandated for Very Low - income persons 30% rY 93/94 Vary Low- income units assisted 80s Units mandated for Low - income persons 30% IT 93/94 Low- income units assisted 20 % ++ All units assisted will be for Very Low or Low - income persons. ++ CUMULATM FIGURES ARE ACCEPTABLE TO MEET THESE REQUIREMENTS DOM 060 PAGE 103 -5- W • •'. • lair avDarr wx 060 PAGE 104 .Y Intimated Revenue $340,856 �:. Administrative Costs S 34,085 (10%) strat"T 11 IMPACT ns RZLIIr „,'... aj['• A) Ownership $ 610950 ?f? a) Rental $ 10,000 '= Stratm 0 3 RSHASILITASIOR•AND ZMZRGZNCr RIPAIRS A) ownership $ 79,821 0) Rental S 30,000 Strategy f 3 j .;. DOWN PAYI ZMT A.78IaT. M /REHAB. $100,000 j_ :• Strat"r 14 ASSIST. TO COMM. RASED ORGANIZATIONS S 151000 ' strategy 0 S MATCH rOR 13008IN0 PROGRAMS $ 30,000 7 V ,F TOTAL SEiP rT 94/95 Espeaditurss $340,856 '` Rol. SEIP ADMINISTRATIVE avaors rY 94193 staff salaries $ 15,725 special Audit S 10,000 ='- Potential Home Owners Counseling $ 5,500 �.. Owner- Builder Technical Assistance S 2,860 r�^ •: Total Administrative Comte $ 34,085 Total SHIP runds allowed for $ 341085 ''�: '. Administrative costs 11.' ]CIRDATZO RZQVIRExcm l+ 751b Required for construction /rehab. 5255,627 rr 94/95 allocated for $261,771 �'► construction /rehab .; 65% Required for Home Ownership ..: Assistance $221,543 rr 94/95 allocation for Home Ownership $241,771 wx 060 PAGE 104 .Y snip UNITS ASSISTLD tY 94/9S Strata" 11 IXPACt rzx RZLISP A) ownership Very Low - income 7 Low- income 3 D) Rental Very Low - income S Low- income 0 Strategy 12 RSHASILITATION AND MMAOENOr R=PAIRS A) Home Owners Vary Low- income 16 Low- income 0 S) Rentals Very Low - .income 3 Low- income 0 Strategy / 3 DOWN PAYNINT ASSIST- K /RMD. Very Low Income S Low Income IS Strategy 0 4 ASSIST. TO COM. SA320 OROANItATIONS N/A Strata" / 9 HATCH TOA HOUSING PROORAHS Very Low Income 12 Low Income 6 TOTAL Units assisted PY 94/93 7S XAND&M Rz2vil anCTS Units mandated for Very Low - income persons 30% rr 94/9S Very Low- income units assisted 68% Units mandated for Low - income persons 30% tY 94/95 Low - Incom units assisted 32• All units assisted will be for Very Low or Low - income persons. 5009 060 PKE 105 -7- 88 � 88 see ties rv- Program activities SHIP funds will be used to Implement or support the following strategy 0 i Impact Fee Relief The City of Naples has adopted provisions that allow for the waiver of City impact fees for affordable housing developments which moot the City's Affordable dousing Development Standards. Collier county has adopted ordinances which provide for impact fee waiver* or deferrals for Lneome-qualifying, households or projects. strategy I IAI Impact Fee Relief - Rombowroors Description, Impact fee relief will be available for Very Low and Low- income first-time home buyers who meet the qualifications established in the Collier county impact fee ordinances. The rirot-tLoss, home buyers who meet the income test must also be employed in Collier County and they must declare the dwelling unit as their homestead.- Amount of SNIP Assistance Availablee FY 92-93 $129,470 Units to be AMILstedt FY 93-94 S 75,000 FY 94-95 S 61,950 FY 92-93 22 " 93-94 13 FY 94-95 10 Income Group to be AssL@t*4* FY 92-93 17 Very Low-income FY 93-94 10 Very Low-income 3 Low-income FY 94-95 7 Very Low-income h. 3 Low- income Average Amount of none ownership -.�.Impact Pon -Relief paid with Slip Dollars $6,000 Naxl-um amount of slip dollars per unite $6,500 The specific amount of impact fees charged J.- for•*ach newly constructed residence varies depending upon its location within the County. State mandated maximum Priam for our unit assisted will bee $95,400 The average price per assisted unit will be $55,000 Boat 060 PAGE 106 M, 1. itrategt it as Impact Tee Relief - Rental Rousing Descriptions impact tee relief will be 'available for Very Low and ro mots where the tenants most the in pro rental p i income qualifications established in All collier county impact fee ordinances. ' Rental units must remain affordable for fifteen years !roes the date of issuance of the certificate of occupancy. -- ► Amoaat of.sair Assistan ce ATailables •Y 92 -93 =58,598 Tr 93 -94 $10,000 TY 94 -93 $10,000 �1 � >• gaits to be assisteds rT 22-93 30 FY 93-94 a TY 94 -93 8 iJftceie Oroeps to be.Aseisteds `.�.�. ".. TY 92 -93 SO very Low - income ;::•: 0 Low- Secome TY 93 -94 8 Very Low- income C. 0 Lw- income ,..::• vN.,• .. FY 94 -95 8 Very Low-income ... 0 Low-income M1Ii. 4 a iv}( Aierage amosat o! Rental impact Tee Itelie! .•paid wits a'RiT dollars 51,163 — �1lsauiaam.smount of sR2p dollars per units $50000 1 ;1 = 060 PA x.07 600K 88 Strategy 12 Rehabilitation and Ruergency Repair Program ItrateW #2AS Noisommor Rehabilitation and Zmergeocy Repair Program h rehabilitation and emergency repair program will be developed utilizing a Rx combination of volunteers and skilled labor. The rehabilitation and emergency repair program wLI1 target Very Low and ZAy4-LncOmG homeowners throughout the county. '' 'r Loans will be provided to correct Housing Code violations or deterred maintenance. Funds for homeowners will be available In'the form of A $5,000 deferred payment loan at 0% Interosto, with repayment upon 0 @41* Of Property r 30 Yearn. Amount of SNIP Assistance Availablee rY 92-93 $3S,668 FY 93-94 79,713 rY 94-95 79,821 I ftits to be Assisteds rY 92 -93 7 rY 93-94 16 rY 94-9S It Income Group to be Assisteds- PY 9293 7 Very Low-income 0 Low-income, rY 93-94 16 Very Low-income 0 Low-Income rY 94-95 26 Very Unt-Lneome, 0 Low- income Average Amount of Nomeowner Rehabilitation MJA Nsiergracy Repair Assistance Paid with XXIIP Dollarso $3,000 ':bg&xLuua smount, of SNIP dollars per units $7,300 Son M strategy 12 so Rental Rebabilitatiom and Emergency Repair Program Descriptions A rental rehabilitation and emergency repair program will be developed and implemented during the 1993 -94 fiscal year. Other funding ' sources such as community Development Block Grants may be sought to supplement this program. Florida fix funds will be available to property owners to correct code violations, provide handicap modifications and rehabilitate the property. Funds will be available in the fors of amortised loans for up to 20 years, with an annual interest rate of (51). Property owners will be required to provide %' 0 Dollars ($2.00) of private funds for every One Dollar ($1.00) of SRI P funds. .. Landlords must rent their units to Very Low and Low - income persons for the duration of the loan or be subject to repayment at market interest rates. t Amasat of ax2P Assistance Available• .• FY 92 -93 $0 ''.. rY 93 -94 $30,000 ,. •1 r FY 94 -95 $10,000 c:•sr,-•ybits -to be assiatedi FT 92-93 0 ' rY 93 -94 9 r r. rY 94 -95 3 > Sacostie Groups to be Assiatedt a -: • • F7 92 -93 0 Very Low - income 0 Low- income rY 93 -94 9 Very Low- income 0 Low - incase FY 94 -95 3 Very Low- income ;.• ��. 0 Low- incase 1J' Average amount of Rental Rehabilitation and xmergencyy Repair Assistance paid with sair .: .. Y 'dollars S 3,300 Kaximum aeouat of snIr dollars per unit 5 51000 - �.; .•'K.,..' RRte�++ �1 {�t� • PSG. 600% 060 E *109 .J. l; 0 0 Strategy ! 3 Down Pafaeat Assistance with Rehabilitation i toargency Repair strategy / 31 first -TLmG Home buyers Down Payment Assistance in conjunction with Rehabilitation and /or emergency Repairs. Descriptions Down payment assistance will be available to first -time home buyers in conjunction with rehabilitation or emergency repairs to any existing dwelling unit. This strategy is available for single.family hones, duplexes and condominium units. A deferred payment loan of $2,300 with Ot interest will be provided for first -time home buyers! for dorm payment assistance. In addition, a deferred payment loan of $2,300 with 0% 'interest will be provided for rehabilitation or emergency repairs. The combined deferred loans of, $s,000 will be secured by a mortgage to be paid in full to the Affordable Housing Trust fund when the dwelling unit is sold. All recipients swat declare the dwelling unit as their homestead. Amount of SNIP Assistasce Availablet Vans to be Aasistsde Zaoore croup to be Assistadt rY 92 -93 S O TV 93 -94 $60,000 PY 94-95 $100,000 rY 92 -93 0 rY 93 -94 12 rY 94 -95 20 rY 92 -93 0 Vary Low- income 0 Low- income FT 93 -94 4 Very Low - incase 0 Low - incase ry 94 -95 5 Very Low - income 15 Low- income Average Aeons of SNIP dollars for Down Payment Assistance in conjunction with Rehabilitation slid faaergencr Repairs S 2,S00 down payment $ 2,500 Rehab. /BR TOTAL S 5,000 State sasdated maximum price for any unit assisted will bet $83,160 The average price for assisted units will be $60,000 BOOK 060 PAGE 110 " t itrategT / a Assistance to Community -lamed organisations Deacriptioa$ leginninq' In fiscal year 1993 -94, a small portion of the :E annual ship allocation will be available to local community -based organisations to assint non - profit organisations in developing their housing assistance skills. Those community -based organisations may receive fund■ for program development and technical assistance for Implementation of programs. Amount of Slip Assistance Availables TY 91 -93 5 5,000 F TY 93 -94 $ 5,.000 TY 94 -95 $25,000 Strategy / S Tederai or state Katch for Dousing Programs �•" Descriptions Many federal and state housing programs require a local match. Depending upon the program, local matches may take the form of cash or in -kind assistance. "' ... laginning in fiscal year 1993 -94, the housing assistance plan will provide $5,000 in local match for federal or state housing programs. Asonat of SDIP Assistance Available$ ' rY 92 -93 $ 0 '" ::. . r, of ; • ••:: • ' ri 93-94 ; 5,000 YY 94 -95 $30,000 Units to be Amsisteds rT 92 -93 0 TT 93 -94 3 TT 94 -95 10 _ taJ Intone Group to be Assisted$ ' TY 92 -93 0 Very Low - income 0 Low- income TY 93 -94 2 Very Low- income 1 Lew- income TY 94 -95 12 Ve ry Low- Income Low- incomo ..y: Average Amount of SNIP Dollars Per unit $ 5,000 Nazism Amount of 8N1P Dollars Per unit $ 6,000 i4A,r_ BOOK 'JUGPAGE* P RJ 11, • BtralegT / t Laad Acquisition ,,��. s'K1 Deaariptioat the City of Naples has previously acquired vacant property for the development of affordable housing utilising Community Development .,f Block Grant (CDDG) fund@. Beginning in fiscal year 1994 -93, the housing assistance plan will begin to • !`' implement a land acquisition program. the initial focus of the program will be the acquisition of vacant land which can be developed for home �'•' ownership opportunities. As the program expands in future years, some of existing single family homes may be pursued. acquisition .. :: BBZt assistance Availabiss F'. ;,•. . Amogat of :� ?;.• TY 93 -94 $0 n+ . Ty 94 -93 $O �•:�' . ,lt. - naits..to be assisteds "; FT 92 -93 0 :. ,.. TY 93 -94 O ` ". TY 94 -93 0 raceme Group to be Aseieteds ~" TY 92 -93 0 Very Low - income ` 1?' °''• 0 Low- income : •.. fY 93 -94 0 Very Low- income 0 Low - income TY 94 -93 0 Very Low - income .. 0 Low- income Average Amount of BErP Dollars Per Parcel S 4,000 •r • rsh, riaximum Amount oL gurp Dollars Per Parcel .. $10,000 i • �i n �+ boot +JUG PAC( �1 i 4=: -14- 4F F 88 060 PAGE'R3 N geati 00 T log-DLsorLmLnatIos DLoarLoination is strictly forbidden on the basis of race, creed, 0010ce age, sex, familial status$ handicap or national origin In the us• of SHIP dollars. Station V-2 logging partseralkip Collier county has always had a local housing partnership of Interested groups throughout the County whose input has been sought an affordable housing issues and in the preparation of the SHIP Program documents. Representatives of these groups have been Invited to attend public meetings concerning the development of the Housing Assistance Plan. Their Input will continue to be sought on the Implementation and administration of the Housing Assistance Plan. A few of the existing groups who have been consulted are$ 1. Affordable Housing Commission) 2. sankLng Partnership of Collier Countyl 3. Housing Partnership at Collier countyl 4. Collier County extension Service of the University of FLI 5. Affordable Housing Task rare@ of Chamber of commercial s. rmmokalso Habitat for Rum&nLty► 7. Saint Matthews HOU89► 8. Alliance for the Mentally Illp 9. Collier. United for Rights and SqualLty; 10. Affordable Housing of Southwest Floridal 11. League of Women Voters# And 22. Collier County Housing Authority. Many other non - profit organisations and individual* involved in affordable housing have provided their advice, and suggestions. N. Saction Trz ftblic input and Dissemination of Information Letters were sent to various non -profit organisations regarding publLo input in the development of the SHIP ordinance and Housing Assistance Plan. The City /County 4-• affordable Housing Commission solicited public input on the SHIP PtnCOM At their rebruary 18, 1993 meeting. The Board of County Commissioners and Maples City Council have discussed the SHIP Program during public meetings In December 1992, January 1993 and March, 1993. Upon receipt of SHIP funds, there will be a 30-day advertisement period announeLng fund availability and an application process. 060 PAGE'R3 fir= YN. wf_ i �1 88 1 Seetioa viii Persons with special Rousing Reeds All strategies of the Housing Assistance Plan are available to those with special needs. It is anticipated that many individuals with special housing needs may participate in the rehabilitation and emergency repair strategies which will provide for housing modifications such as handicap ramps, grab bars or other necessary repairs or changes. Other individuals with special housing needs may participate in impact fee relief programs or any other available strategies. it is anticipated that ten 110) units each year will be assisted for those with special hamming needs. section Ii support services Participants in the Local Housing Assistance Program may be referred to a range of existing community support services. These support services may, include homeowner maintenance, money management assistance, transportation or job training through the Collier County Cooperative Extension Service. A brief list of some support service• available to SHIP recipients includes 1. Job Training Partnership Acts 2. Meals on Rheelsl 3. Help on Nheelet +. community Transportation) s. Collier County Division of Social Services 6. setter Living for Sentorej 7. Collier County Council on Agingj S. Tri -CO. nutritional Programs 9. Tri -Co. Senior Servicesy 10. Senior Friendship Center - Health secvless; and 11. senior Community Servic■ Employment Program. section X outreach and selection Applications for SHIP sirviess will be received on an ongoing basis six weeks after a 30 -day advertising period and public awareness campaign including letters to social service agencies, public service announcements, newspaper advertisement• and fliers. selection will be made among qualified applicants on a first -come, first -serve basis. IDDX 060 Pi6E 114 -16- -j Im E= ..., .SeatL*a ZZ 21" Table for zzpaudituxv of F=d• ry 92M a --9 10 11 12 'idoWlen of Pion rd Ordt—f Ammmi bV D f-of- Funds aqua of IT VIM bXWWI of contract, L. elystaut of Flocat year 8 9 tfi 11 ti Igil,ft,ttcn f Amticsnts P:� R.Melty of Prmmat- X x x x L'atwiturt of Funds x x X v v v I x x - 'Clasma of FlIcat Year It BOOK 060 Pka M JR.: 88 *, Ej Jan x11. imams List" at ' �` PKSeer 1 2 3 4 S 6 7 M � 1w 0xseheld. i Y9/11 lw 814.630 16,730 10,130 20,930 22.650 24,300 26,000 27,630 456 26,100 30,130 33,300 36.200 38.900 41.330 44,250 n� "v.:, t«tlen x111 IIffwd9bllley 1"915 tlknthly PtTI w sws Olu9 utlllq allowne"f .. the fettwtns abort Indicates the, affordability /IPres based an 38% of tncaee 1"919. yr:,Parson 1 2 3 6 S 6 7 N ' In swa►ahatd Yay Law •. - 8766 41P 471 124 366 605 630 691 o ?L 8386 670 734 iii 10S 973 1,031 1,106 F xR Seatioa ZIT Oeasratsd P%mds Any funds generated fros loan repayments and interest earned on distributed funds will be placed in the Local Housing Assistance Trust Fund and utilised with the same strategies as the Housing Assistance Plan. t '►1'' • ieetios >:T Adainistsatioa Administration will represent 10% of the total annual ;.. allocation of SHIP funds. 8999 060 PAGE 116 I Ma �, Nctitoti 7CV2 certification „ i.j Collier County certifies that 1. the availability of SHIP funds wan advertised pursuant to E'' 420- 9075(2)(a); plorlds statutes or the availability of SHIP funds will be advertised pursuant to 91- 37.00S(6)(a)(1). ;�. 2. A s+aximvm award schedule to govern fund distribution at the local level has been adopted heroin. 3. A process for selection of recipients for funds is included herein. y;►. 4. All snip funds will be expended in a manner which will insure that there will be no discrimination en the basis of ;.�. handicap, race, creed, color, age, sex, familial status, or national origin. s. Recipients of funds will be required to contractually ?<< commit to program guidelines. G. The Florida Housing finance Agency will be notified promptly It Collier County will be unable to comply with the `i provisions of the Plan. 7. An amended Plan will be submitted if 60% of the distributed funds have not been encumbered by the mid -point ' of each fiscal year, except in State FY 1992 -93. K; S. The Plan conforms to the Housing clement of the Collier County Comprehensive Plan. 9. The representations contained in the Plan are true and i' :.' K• e_ i . r;�:� ± �� t��'; :;!.•y.acwr►te as of* the date of submission. 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Vi I� fA ui fA uj EA m Vi LO EA N to -3 tci 69 cM 69 O to ffl W J 69 as ffj m t Z ❑ o' // W U C) O N M N N O ': N O ,- c o 0 0 0 Z Q 00 tM D c°o ,6 o ° = O In o o° ° 0 0 0 0 0 0 0 0 s Q °O U O O O O 0 0 O O o S S Lo N M to 0 O S t to c, M O to Z N a' K ,Q: fA El9 613. 69 69 693 69 to to N 'rs: <. 69 to fi> M r m 0 fs J p s c L C O h V (O N M r M V 0 r O M Q J �. u0y c0•� y_ > C N N J o o t m ac „ a 3 � 0 € 3 O LL E = S N �, ; n c°) a fn: 3 o m c 3 0 m o N >_ : W: h O Z c d uJ J a m Z O u y 8 o fl Y W d O _ Cl Z W < S .3 4 p C W O E C (0 C7 o 3 2 c _m s D Z m E p 0 E c o v m N W FQ fV = U ? ° o c Q o c O y E 9 OQ C ~ g m O o ' p t E 0 V O cc 0 (n L O m V E z s r O U C FU- - i J a = r n Z N 0 O x z Z _ m x U O d d LL D, $ ° Z m `c `c O cc Z 1 c $ p C C O Z 2 d 3 Q m CL Attachment 4 Collier County Local Housing Assistance Plan FY 2002, 2003, and 2004 CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Local Government: Collier County (1) The local government will advertise the availability of SHIP funds pursuant to Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. (3) A process for selection of recipients for funds has been developed. (4) The eligible municipality or county has developed a qualification system for applications for awards. (5) Recipients of funds will be required to contractually commit to program guidelines. (6) The Florida Housing Finance Corporation will be notified promptly if the local government (or-interlocal entity) will be unable to comply with the provisions the plan. (7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in which they are received. -- (8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the Local Housing Assistance Plan. (9) Amendments to the approved Local Housing Assistance Plan shall be provided to r_ the Corporation with in 21 days after adoption. (10) The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys generated from activities such as interest earned on loans. (11) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. .,j. Page 2 Certification (12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audits will be forwarded to the Corporation as soon as available. 13) An interlocal entity shall have its local housing assistance trust fund separately audited for each state fiscal year, and the audit forwarded to the Corporation as soon as possible. (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit ( LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. (17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least annually for 15 years for compliance with tenant income requirements and affordability requirements. Attest: DWIGHT E. BROCK, Clerk Approved as to legal form and sufficiency: Patrick G. White, Assistant County Attorney Board of County Commissioners Collier County, Florida JAMES D. CARTER PhD, Chairman 86 1 RESOLUTION NO. 2001- 2 3 _. 4 5 RESOLUTION APPROVING THE LOCAL HOUSING 6 ASSISTANCE PLAN FOR FISCAL YEARS 2001 -2002, 2002 -2003, 7 AND 2003 -2004 AS REQUIRED BY THE FLORIDA STATE 8 HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM; 9 APPROVING A MAXIMUM AWARD SCHEDULE; to MAINTAINING ADMINISTRATIVE COSTS OF THE LOCAL --- 11 AFFORDABLE HOUSING ASSISTANCE PLAN AT A MAXIMUM 12 OF TEN PERCENT OF THE TOTAL SHIP ALLOCATION; 13 ,4 AUTHORIZING SUBMISSION OF THE LOCAL HOUSING 14 ASSISTANCE PLAN TO THE FLORIDA HOUSING FINANCE - 15 CORPORATION FOR REVIEW AND APPROVAL; 16 AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE 17 CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS; 18 APPROVING THE INTERLOCAL AGREEMENT BETWEEN 19 COLLIER COUNTY AND THE CITY OF NAPLES; AND 20 APPROVING THE EFFECTIVE DATES. 21 22 23 24 25 WHEREAS, the Florida State Legislature enacted the William E. Sadowski 26 Affordable Housing Act on July 7, 1992 (the "Act "), Section 420.907, et seq., Florida 27 Statutes, Chapter 91 -37, Florida Administrative Code, as a comprehensive funding 28 package for state and local housing programs to better enable local governments to meet 29 their responsibilities for affordable housing in accordance with their comprehensive 30 plans; and - 31 WHEREAS, pursuant to the Act, the State will allocate a portion of new and 32 existing documentary stamp taxes on deeds to local governments for development and 33 maintenance of affordable housing; and 34 WHEREAS, the Board of County Commissioners of Collier County Florida 35 enacted Collier County Ordinance No. 93 -19 on April 13, 1993 establishing the Collier 36 County Local Housing Assistance Plan; and 37 WHEREAS, through Resolution No. 93 -159 the Board of County Commissioners 38 adopted a three year Local Housing Assistance Plan outlining the intended use of SHIP m 39 funds for fiscal years 1992 -1993, 1993 -1994, and 1994 -1995; and i I WHEREAS, though Resolution No. 95 -284 the Board of County Commissioners 2 adopted a three year Local Housing Assistance Plan outlining the intended use of SHIP 3 funds for fiscal years 1995 -1996, 1996 -1997, and 1997 -1998; and a WHEREAS, the Act requires in order to qualify for additional SHIP Funds, local 5 governments must develop a new one to three year Local Housing Assistance Plan 6 outlining the local government's use of SHIP Funds; and 7 WHEREAS, the Act also requires the local government to adopt a maximum 8 award schedule, an average cost per unit, and a maximum cost per unit for eligible 9 housing benefiting from SHIP Awards; and 10 WHEREAS, the Act limits the administrative costs of the Local Housing 11 Assistance Program to five percent (5%) of the total SHIP allocation unless the Board of r 12 County Commissioners, by this resolution, increases the percentage to a maximum of ten - 13 percent (10 %); and 14 WHEREAS, it is in the best interest of Collier County to qualify for the SHIP 15 Funds, and all action taken by the County in furtherance of such qualification is for a 16 valid County purpose. 17 NOW, THEREFORE, be it resolved by the Board of County Commissioners of is Collier County, Florida, that: j 19 1. The Board of County Commissioners hereby approves the Three Year 1 20 Local Housing Assistance Plan for fiscal years 2001 -2002, 2002 -2003, and 2003 -2004. {{( - 21 2. The maximum award schedule for SHIP Funds under the Local Housing I 22 Assistance Program shall be $50,000 per eligible unit. 23 3. The average cost per unit for eligible housing benefiting from SHIP 24 Awards shall be $80,000. 25 4. The maximum cost per unit for eligible housing benefiting from awards 26 made pursuant to the SHIP program shall not exceed $118;264 for existing units and 27 $106,365 for newly constructed eligible housing units. i8B 1 5. The annual administration costs of the Local Housing Assistance Program 2 shall be maintained at ten percent (10 %) of the local SHIP allocation. 3 6. The Chairman of the Board of County Commissioners is authorized to 4 submit the Local Housing Assistance Plane, a copy of which is attached hereto and made 5 part hereof, to the State of Florida Housing Finance Corporation for its review and 6 approval. 7 7. The Chairman of the Board of County Commissioners is authorized to 8 execute the certifications annexed to the Housing Assistance Plan on behalf of the 9 County. ' 10 8. The Chairman of the Board of Count Co County rnmissioners hereby is 11 authorized to execute the Interlocal Agreement between Collier County and the City of 12 Naples adopting the Parties' implementation of the Local Housing Assistance Plan 13 adopted herein by reference. t 14 9. This Resolution shall take effect immediately upon its adoption. 15 16 This resolution adopted after motion, second, and majority vote favoring same. 17 19 20 DATED: BOARD OF COUNTY COMMISSIONERS 21 COLLIER COUNTY FLORIDA 22 ATTEST: 23 24 _ 25 By. 26 DWIGHT E. BROCK, CLERK JAMES D. CARTER, Ph.D., CHAIRMAN 27 28 «- 29 30 31 32 D AS TO FORM AND LEGAL 33 C: 34 35 36 PATRICK G. WHITE 37 ASSISTANT COUNTY ATTORNEY t 38 3 COLLIER COUNTY HOUSING Aumoiwy PHA PLAN Consolidated Plan One -Year Action Plan FY 2004-2005 Collier County, Florida U.S. Department of Housing and Urban Development Office of Public and Indian Housing PHA Plans Annual Play for,fiscal ` 033, COLLIER COUNTY HOUSING AUTHORITY NOTE: THIS PHA PLANS TEMPLATE (HUD 50075) IS TO BE COMPLETED IN ACCORDANCE WITH INSTRUCTIONS LOCATED IN APPLICABLE PIH NOTICES �8B PHA Plan Agency Identification PHA Name: Collier County Housing Authority PHA Number: FL 141 PHA Fiscal Year Beginning: Oct. 1, 2003 Public Access to Information Information regarding any activities outlined in this plan can be obtained by contacting: (select all that apply) ® Main administrative office of the PHA 1800 Farm Worker Way, Immokalee, FL 34142 ❑ PHA development management offices ® PHA local offices Section 8 Office, 237 Airport Road South, Naples, FL 34104 Display Locations For PHA Plans and Supporting Documents The PHA Plans (including attachments) are available for public inspection at: (select all that apply) ® Main administrative office of the PHA 1800 Farm Worker Way, Immokalee, FL 34142 ❑ PHA development management offices ® PHA local offices Section 8 Office, 237 Airport Road South, Naples, FL 34104 ❑ Main administrative office of the local government ® Main administrative office of the County government ❑ Main administrative office of the State government ❑ Public library ❑ PHA website ❑ Other (list below) PHA Plan Supporting Documents are available for inspection at: (select all that apply) ® Main business office of the PHA 1800 Farm Worker Way, Immokalee, FL 34142 ❑ PHA development management offices ❑ Other (list below) M,11 Annual PHA Plan PHA Fiscal Year 2003 [24 CFR Part 903.7] ❑ Troubled Agency Plan ii. Executive Summary of the Annual PHA Plan [24 CFR Part 903.7 9 (r)] W. Annual Plan Table of Contents [24 CFR Part 903.7 9 (r)] Provide a table of contents for the Annual Plan, including attachments, and a list of supporting documents available for public inspection. Table of Contents Page # Annual Plan i. Annual Plan Type 2 ii. Executive Summary 2 iii. Table of Contents 3 1. Housing Needs 6 p 2. Financial Resources 12 3. Policies on Eligibility, Selection and Admissions 13 4. Rent Determination Policies 22 5. Operations and Management Policies 26 6. Grievance Procedures 29 7. Capital Improvement Needs 29 8. Demolition and Disposition 31 9. Designation of Housing 32 -- 10. Conversions of Public Housing 33 11. Homeownership 34 12. Community Service Programs 36 -- 13. Crime and Safety 39 14. Pets (Inactive for January 1 PHAs) 41 15. Civil Rights Certifications (included with PHA Plan Certifications) 41 16. Audit 42 17. Asset Management 42 18. Other Information 43 19. Attachments No Attachments Required Attachments: NONE ❑ Admissions Policy for Deconcentration ❑ FY 2000 Capital Fund Program Annual Statement ❑ Most recent board- approved operating budget (Required Attachment for PHAs that are troubled or at risk of being designated troubled ONLY) Optional Attachments: ❑ PHA Management Organizational Chart ❑ FY 2000 Capital Fund Program 5 Year Action Plan ❑ Public Housing Drug Elimination Program (PHDEP) Plan ❑ Comments of Resident Advisory Board or Boards (must be attached if not included in PHA Plan text) ❑ Other (List below, providing each attachment name) Suanortim Documents Available for Review List of Supporting Documents Available for Review Applicable Supporting Document Applicable Plan & Component On Display XX PHA Plan Certifications of Compliance with the PHA Plans 5 Year and Annual Plans and Related Regulations XX State /Local Government Certification of Consistency with 5 Year and Annual Plans the Consolidated Plan XX Fair Housing Documentation: 5 Year and Annual Plans Records reflecting that the PHA has examined its programs or proposed programs, identified any impediments to fair housing choice in those programs, addressed or is addressing those impediments in a reasonable fashion in view of the resources available, and worked or is working with local jurisdictions to implement any of the jurisdictions' initiatives to affirmatively further fair housing that require the PHA's involvement. XX Consolidated Plan for the jurisdictions in which the PHA is Annual Plan: located (which includes the Analysis of Impediments to Fair Housing Needs Housing Choice (Al))) and any additional backup data to support statement of housing needs in the jurisdiction NA Most recent board - approved operating budget for the public Annual Plan: housing program Financial Resources; NA Public Housing Admissions and (Continued) Occupancy Annual Plan: Eligibility, Policy (A &O), which includes the Tenant Selection and Selection, and Admissions Assignment Plan [TSAP] Policies XX Section 8 Administrative Plan Annual Plan: Eligibility, Selection, and Admissions List of Supporting Documents Available for Review Applicable Supporting Document Applicable Plan & Component On Display Policies NA Public Housing Deconcentration and Income Mixing Annual Plan: Eligibility, Documentation: Selection, and Admissions 1. PHA board certifications of compliance with Policies deconcentration requirements (section 16(a) of the US Housing Act of 1937, as implemented in the 2/18/99 Quality Housing and Work Responsibility Act Initial Guidance; Notice and any further HUD guidance) and 2. Documentation of the required deconcentration and income mixing analysis NA Public housing rent determination policies, including the Annual Plan: Rent methodology for setting public housing flat rents Determination ❑ check here if included in the public housing A & O Policy NA Schedule of flat rents offered at each public housing Annual Plan: Rent development Determination ❑ check here if included in the public housing A & O Policy XX Section 8 rent determination (payment standard) policies Annual Plan: Rent ® check here if included in Section 8 Determination Administrative Plan NA Public housing management and maintenance policy Annual Plan: Operations documents, including policies for the prevention or and Maintenance eradication of pest infestation (including cockroach infestation) NA Public housing grievance procedures Annual Plan: Grievance ❑ check here if included in the public housing Procedures A & O Policy XX Section 8 informal review and hearing procedures Annual Plan: Grievance ® check here if included in Section 8 Procedures Administrative Plan NA The HUD - approved Capital Fund/Comprehensive Grant Annual Plan: Capital Needs Program Annual Statement (HUD 52837) for the active grant year NA Most recent CIAP Budget/Progress Report (HUD 52825) for Annual Plan: Capital Needs any active CIAP grant NA Most recent, approved 5 Year Action Plan for the Capital Annual Plan: Capital Needs Fund /Comprehensive Grant Program, if not included as an attachment (provided at PHA option) NA Approved HOPE VI applications or, if more recent, Annual Plan: Capital Needs approved or submitted HOPE VI Revitalization Plans or any other approved proposal for development of public housing NA Approved or submitted applications for demolition and /or Annual Plan: Demolition disposition of public housing and Disposition NA Approved or submitted applications for designation of public Annual Plan: Designation of housing (Designated Housing Plans) Public Housing NA Approved or submitted assessments of reasonable Annual Plan: Conversion of revitalization of public housing and approved or submitted Public Housing • i k • i List of Supporting Documents Available for Review Applicable Supporting Document Applicable Plan & Supply Component On Display Size Location Income <= 30% conversion plans prepared pursuant to section 202 of the 5 5 1996 HUD Appropriations Act 1 NA Approved or submitted public housing homeownership Annual Plan: programs/plans Homeownership NA Policies governing any Section 8 Homeownership program Annual Plan: ❑ check here if included in the Section 8 Homeownership 5 Administrative Plan 4 NA Any cooperative agreement between the PHA and the TANF Annual Plan: Community < =50% of AMI agency Service & Self - Sufficient XX FSS Action Plan/s for public housing and /or Section 8 Annual Plan: Community Service & Self - Sufficient XX Most recent self - sufficiency (ED /SS, TOP or ROSS or other Annual Plan: Community resident services ant) grant program reports Service & Self - Sufficient NA The most recent Public Housing Drug Elimination Program Annual Plan: Safety and (PHEDEP) semi- annual performance report for any open Crime Prevention grant and most recently submitted PHDEP application ( PHDEP Plan) XX The most recent fiscal year audit of the PHA conducted Annual Plan: Annual Audit under section 5(h)(2) of the U.S. Housing Act of 1937 (42 U. S.C. 1437c(h)), the results of that audit and the PHA's response to any findings NA Troubled PHAs: MOA/Recovery Plan Troubled PHAs NA Other supporting documents (optional) (specify as needed) (list individually; use as many lines as necessary) 1. Statement of Housing Needs [24 CFR Part 903.7 9 (a)] A. Housing Needs of Families in the Jurisdiction/s Served by the PHA Based upon the itaforrnatmon � 14a"i • I a • . Housing Needs of Families in the Jurisdiction by Family Type Family Type Overall Afford- abilit Supply Quality Accessi bilit Size Location Income >50% but 3,975 3 4 2 1 2 2 <80% of AMI Elderly 1,571 3 3 2 12 1 1 Families with Disabilities Race/Ethnicity 1,285 4 4 3 1 2 1 White -Non His p. Race/Ethnicity 68 4 4 3 1 3 2 Black -Non His p. Race/Ethnicity 212 5 5 4 1 5 2 Hispanic Race/Ethnicity What sources of information did the PHA use to conduct this analysis? (Check all that apply; all materials must be made available for public inspection.) ® Consolidated Plan of the Jurisdiction/s Indicate year: 1995 ® U.S. Census data: the Comprehensive Housing Affordability Strategy ( "CHAS ") dataset ❑ American Housing Survey data Indicate year: ❑ Other housing market study Indicate year: ❑ Other sources: (list and indicate year of information) B. Housing Needs of Families on the Public Housing and Section 8 Tenant- Based Assistance Waiting Lists State the housing needs of the'farrtilies can the PHA'S waiting fist/s. Complete oiit 4461e 'i'o r e#Ghlltl of'1 IRN -wide waiting fist administered by the PHA PHA'S may provide sepataie tablps fcir "site based or Sub - jurisdictional public housing waiting lists at their option; Housing Needs of Families on the Waiting List Waiting list type: (select one) ® Section 8 tenant -based assistance Housing Needs of Families on the Waiting List ❑ Public Housing ❑ Combined Section 8 and Public Housing ❑ Public Housing Site -Based or sub jurisdictional waiting list (optional) If used, identif which develo ment/subjurisdiction: # of families % of total families Annual Turnover Waiting list total 660 Extremely low income < =30% AMI 642 97% Very low income ( >30% but < =50% AMI) 18 3% Low income ( >50% but <80% AMI) 0 0% Families with children 479 73% Elderly families 47 7% Families with Disabilities 134 20% Race /ethnicity White 125 19% Race /ethnicity Black 248 38% Race /ethnicity Hispanic 284 143% Race/ethnicity 3 0 % (Non Hispanic) Characteristics by Bedroom Size (Public Housing Only) 1BR 253 38 2 BR 296 45% 3 B 94 14% 4BR 16 2% 5 B 1 0% 5+ BR Is the waiting list closed (select one)? ❑ No ® Yes Applications are taken once per year during the month of December. If yes: How long has it been closed (# of months)? 12 months 88 Housing Needs of Families on the Waiting List Does the PHA expect to reopen the list in the PHA Plan year? U No Yes Does the PHA permit specific categories of families onto the waiting list, even if generally closed? ® No ❑ Yes ❑ Employ effective maintenance and management policies to minimize the number of public housing units off -line ❑ Reduce turnover time for vacated public housing units ❑ Reduce time to renovate public housing units ❑ Seek replacement of public housing units lost to the inventory through mixed finance development ❑ Seek replacement of public housing units lost to the inventory through section 8 replacement housing resources ❑ Maintain or increase section 8 lease -up rates by establishing payment standards that will enable families to rent throughout the jurisdiction ® Undertake measures to ensure access to affordable housing among families assisted by the PHA, regardless of unit size required ® Maintain or increase section 8 lease -up rates by marketing the program to owners, particularly those outside of areas of minority and poverty concentration ❑ Maintain or increase section 8 lease -up rates by effectively screening Section 8 applicants to increase owner acceptance of program ® Participate in the Consolidated Plan development process to ensure - coordination with broader community strategies ❑ Other (list below) Strategy 2: Increase the number of affordable housing units by: Select all that apply ® Apply for additional section 8 units should they become available a _ ❑ Leverage affordable housing resources in the community through the creation - of mixed - finance housing ® Pursue housing resources other than public housing or Section 8 tenant -based assistance. ❑ Other: (list below) Need: Specific Family Types: Families at or below 30% of median -- Strategy 1: Target available assistance to families at or below 30 % of AMI W ApFlable} Select all°that, apply ❑ Exceed HUD federal targeting requirements for families at or below 30% of AMI in public housing �- ❑ Exceed HUD federal targeting requirements for families at or below 30% of AMI in tenant -based section 8 assistance ❑ Employ admissions preferences aimed at families with economic hardships ❑ Adopt rent policies to support and encourage work ❑ Other: (list below) Need: Specific Family Types: Families at or below 50% of median Strategy 1: Target available assistance to families at or below 50% of AMI (Not Aolkgble) Select'all "that apply N ❑ Employ admissions preferences aimed at families who are working ❑ Adopt rent policies to support and encourage work ❑ Other: (list below) Need: Specific Family Types: The Elderly -- Strategy 1: Target available assistance to the elderly: Select all that apply ❑ Seek designation of public housing for the elderly ® Apply for special - purpose vouchers targeted to the elderly, should they become available -- ❑ Other: (list below) Need: Specific Family Types: Families with Disabilities Strategy 1: Target available assistance to Families with Disabilities: 8 8 Need: Specific Family Types: Races or ethnicities with disproportionate housing needs Strategy 1: Increase awareness of PHA resources among families of races and ethnicities with disproportionate needs: Select if applicable ® Affirmatively market to races /ethnicities shown to have disproportionate housing needs ❑ Other: (list below) Strategy 2: Conduct activities to affirmatively further fair housing Seleat'W that ,app,` ® Counsel section 8 tenants as to location of units outside of areas of poverty or minority concentration and assist them to locate those units ® Market the section 8 program to owners outside of areas of poverty /minority concentrations ❑ Other: (list below) Other Housing Needs & Strategies: (list needs and strategies below) (2) Reasons for Selecting Strategies Of the factors listed below, select all that influenced the PHA's selection of the strategies it will pursue: ® Funding constraints ❑ Staffing constraints ❑ Limited availability of sites for assisted housing ❑ Extent to which particular housing needs are met by other organizations in the community ® Evidence of housing needs as demonstrated in the Consolidated Plan and other information available to the PHA ❑ Influence of the housing market on PHA programs ❑ Community priorities regarding housing assistance ® Results of consultation with local or state government ® Results of consultation with residents and the Resident Advisory Board ❑ Results of consultation with advocacy groups ❑ Other: (list below) 2. Statement of Financial Resources Financial Resources: Planned Sources and Uses Sources Planned $ Planned Uses 1. Federal Grants (FY 2000 rants) a) Public Housing Operating Fund b) Public Housing Capital Fund c) HOPE VI Revitalization` d) HOPE VI Demolition 3 , e) Annual Contributions for Section $3,343,467(Vouchers) 8 Tenant -Based Assistance $49,896 (Special Fee) $18,349 (Mod Rehab) , f) Public Housing Drug Elimination Program (including any Technical Assistance funds) g) Resident Opportunity and Self- Sufficiency Grants h) Community Development Block Grant i) HOME $100,000 (TBA) Other Federal Grants (list below) 2. Prior Year Federal Grants (unobligated funds only) (list below) Family Self Sufficiency Financial Resources: Planned Sources and Uses Sources Planned $ Planned Uses 3. Public Housing Dwelling Rental Income 4. Other income (list below) 4. Non - federal sources (list below) Total resources $3,511,712.00 3. PHA Policies Governing Eligibility, Selection, and Admissions [24 CFR Part 903.7 9 (c)] (1) Eligibility a. When does the PHA verify eligibility for admission to public housing? (select all that apply) ❑ When families are within a certain number of being offered a unit: (state number) -- ❑ When families are within a certain time of being offered a unit: (state time) ❑ Other: (describe) b. Which non - income (screening) factors does the PHA use to establish eligibility for admission to public housing (select all that apply)? ❑ Criminal or Drug- related activity ❑ Rental history ❑ Housekeeping ❑ Other (describe) c. ❑ Yes ❑ No: Does the PHA request criminal records from local law enforcement agencies for screening purposes? • r �, • r a d. ❑ Yes ❑ No: Does the PHA request criminal records from State law enforcement agencies for screening purposes? e. ❑ Yes ❑ No: Does the PHA access FBI criminal records from the FBI for screening purposes? (either directly or through an NCIC- authorized source) (2)Waiting List Organization a. Which methods does the PHA plan to use to organize its public housing waiting list (select all that apply) ❑ Community -wide list ❑ Sub jurisdictional lists ❑ Site -based waiting lists ❑ Other (describe) b. Where may interested persons apply for admission to public housing? ❑ PHA main administrative office ❑ PHA development site management office ❑ Other (list below) c. If the PHA plans to operate one or more site -based waiting lists in the coming year, answer each of the following questions; if not, skip to subsection (3) Assignment 1. How many site -based waiting lists will the PHA operate in the coming year? 2. ❑ Yes ❑ No: Are any or all of the PHA's site -based waiting lists new for the upcoming year (that is, they are not part of a previously -HUD- approved site based waiting list plan)? If yes, how many lists? 3. ❑ Yes ❑ No: May families be on more than one list simultaneously If yes, how many lists? 4. Where can interested persons obtain more information about and sign up to be on the site -based waiting lists (select all that apply)? ❑ PHA main administrative office ❑ All PHA development management offices ❑ Management offices at developments with site -based waiting lists ❑ At the development to which they would like to apply -- ❑ Other (list below) (3) Assignment 8B a. How many vacant unit choices are applicants ordinarily given before they fall to the bottom of or are removed from the waiting list? (select one) ❑ One ❑ Two ❑ Three or More b. ❑ Yes ❑ No: Is this policy consistent across all waiting list types? c. If answer to b is no, list variations for any other than the primary public housing waiting lists for the PHA: (4) Admissions Preferences a. Income targeting: ❑ Yes ❑ No: Does the PHA plan to exceed the federal targeting requirements by targeting more than 40% of all new admissions to public housing to families at or below 30% of median area income? b. Transfer policies: In what circumstances will transfers take precedence over new admissions? (list below) ❑ Emergencies ❑ Overhoused ❑ Underhoused ❑ Medical justification ❑ Administrative reasons determined by the PHA (e.g., to permit modernization _,. work) ❑ Resident choice: (state circumstances below) ❑ Other: (list below) c. Preferences 1. ❑ Yes ❑ No: Has the PHA established preferences for admission to public housing (other than date and time of application)? (If "no" is selected, skip to subsection (5) Occupancy) 2. Which of the following admission preferences does the PHA plan to employ in the coming year? (select all that apply from either former Federal preferences or other preferences) Former Federal preferences: ❑ Involuntary Displacement (Disaster, Government Action, Action of Housing Owner, Inaccessibility, Property Disposition) ❑ Victims of domestic violence _. ❑ Substandard housing ❑ Homelessness d8B ❑ High rent burden (rent is > 50 percent of income) a Other preferences: (select below) __ ❑ Working families and those unable to work because of age or disability ❑ Veterans and veterans' families ❑ Residents who live and/or work in the jurisdiction •- ❑ Those enrolled currently in educational, training, or upward mobility programs ❑ Households that contribute to meeting income goals (broad range of incomes) ❑ Households that contribute to meeting income requirements (targeting) ❑ Those previously enrolled in educational, training, or upward mobility programs ❑ Victims of reprisals or hate crimes ❑ Other preference(s) (list below) 3. If the PHA will employ admissions preferences, please prioritize by placing a 641" in the space that represents your first priority, a "2" in the box representing your second priority, and so on. If you give equal weight to one or more of these choices (either through an absolute hierarchy or through a point system), place the same number next to each. That means you can use "I" more than once, "2" more than once, etc. Date and Time Former Federal preferences: Involuntary Displacement (Disaster, Government Action, Action of Housing Owner, Inaccessibility, Property Disposition) Victims of domestic violence Substandard housing Homelessness High rent burden Other preferences (select all that apply) ❑ Working families and those unable to work because of age or disability ❑ Veterans and veterans' families ❑ Residents who live and/or work in the jurisdiction ❑ Those enrolled currently in educational, training, or upward mobility programs ❑ Households that contribute to meeting income goals (broad range of incomes) ❑ Households that contribute to meeting income requirements (targeting) ❑ Those previously enrolled in educational, training, or upward mobility programs ❑ Victims of reprisals or hate crimes ❑ Other preference(s) (list below) 4. Relationship of preferences to income targeting requirements: ❑ The PHA applies preferences within income tiers 8B ❑ Not applicable: the pool of applicant families ensures that the PHA will meet income targeting requirements (5) Occupancy a. What reference materials can applicants and residents use to obtain information about the rules of occupancy of public housing (select all that apply) ❑ The PHA - resident lease ❑ The PHA's Admissions and (Continued) Occupancy policy ❑ PHA briefing seminars or written materials ❑ Other source (list) b. How often must residents notify the PHA of changes in family composition? (select all that apply) ❑ At an annual reexamination and lease renewal ❑ Any time family composition changes ❑ At family request for revision ❑ Other (list) (6) Deconcentration and Income Mixing a. ❑ Yes ❑ No: Did the PHA's analysis of its family (general occupancy) developments to determine concentrations of poverty indicate the need for measures to promote deconcentration of poverty or .- income mixing? b. ❑ Yes ❑ No: Did the PHA adopt any changes to its admissions policies based on the results of the required analysis of the need to promote deconcentration of poverty or to assure income mixing? c. If the answer to b was yes, what changes were adopted? (select all that apply) ❑ Adoption of site -based waiting lists If selected, list targeted developments below: ❑ Employing waiting list "skipping" to achieve deconcentration of poverty or income mixing goals at targeted developments If selected, list targeted developments below: ❑ Employing new admission preferences at targeted developments If selected, list targeted developments below: ❑ Other (list policies and developments targeted below) 8B d. ❑ Yes ❑ No: Did the PHA adopt any changes to other policies based on the results of the required analysis of the need for deconcentration of poverty and income mixing? e. If the answer to d was yes, how would you describe these changes? (select all that -- apply) Additional affirmative marketing Actions to improve the marketability of certain developments Adoption or adjustment of ceiling rents for certain developments Adoption of rent incentives to encourage deconcentration of poverty and income - mixing Other (list below) f. Based on the results of the required analysis, in which developments will the PHA make special efforts to attract or retain higher- income families? (select all that apply) ❑ Not applicable: results of analysis did not indicate a need for such efforts ❑ List (any applicable) developments below: g. Based on the results of the required analysis, in which developments will the PHA make special efforts to assure access for lower- income families? (select all that apply) ❑ Not applicable: results of analysis did not indicate a need for such efforts ❑ List (any applicable) developments below: �8B B. Section 8 (1) Eligibility a. What is the extent of screening conducted by the PHA? (select all that apply) ® Criminal or drug - related activity only to the extent required by law or regulation ❑ Criminal and drug- related activity, more extensively than required by law or regulation ❑ More general screening than criminal and drug - related activity (list factors below) ❑ Other (list below) - b. ® Yes ❑ No: Does the PHA request criminal records from local law enforcement agencies for screening purposes? c. ❑ Yes ® No: Does the PHA request criminal records from State law enforcement agencies for screening purposes? d. ❑ Yes ® No: Does the PHA access FBI criminal records from the FBI for screening purposes? (either directly or through an NCIC- authorized source) e. Indicate what kinds of information you share with prospective landlords? (select all that apply) ® Criminal or drug - related activity (Only to the extent this information is adequately documented and known by the CCHA, and only upon written request from the landlord) ❑ Other (describe below) (2) Waiting List Organization a. With which of the following program waiting lists is the section 8 tenant -based assistance waiting list merged? (select all that apply) ® None ❑ Federal public housing ❑ Federal moderate rehabilitation ❑ Federal project -based certificate program ❑ Other federal or local program (list below) AWN a b. Where may interested persons apply for admission to section 8 tenant -based assistance? (select all that apply) ® PHA main administrative office ® Other (list below) Section 8 Office 237 Airport Road South Naples, Florida 34104 (3) Search Time a. ® Yes ❑ No: Does the PHA give extensions on standard 60 -day period to search for a unit? If yes, state circumstances below: The housing authority gives two additional 30 -day extensions for families who request it and show they have been actively looking. (4) Admissions Preferences a. Income targeting ❑ Yes ® No: Does the PHA plan to exceed the federal targeting requirements by targeting more than 75% of all new admissions to the section 8 program to families at or below 30% of median area income? b. Preferences 1. ❑ Yes ® No: Has the PHA established preferences for admission to section 8 tenant -based assistance? (other than date and time of application) (if no, skip to subcomponent (5) Special purpose section 8 assistance programs) 2. Which of the following admission preferences does the PHA plan to employ in the .- coming year? (select all that apply from either former Federal preferences or other preferences) None -- Former Federal preferences ❑ Involuntary Displacement (Disaster, Government Action, Action of Housing Owner, Inaccessibility, Property Disposition) `w ❑ Victims of domestic violence ❑ Substandard housing ❑ Homelessness ❑ High rent burden (rent is > 50 percent of income) Other preferences (select all that apply) 0 Working families and those unable to work because of age or disability Veterans and veterans' families ❑ Residents who live and /or work in your jurisdiction ❑ Those enrolled currently in educational, training, or upward mobility programs • ❑ Households that contribute to meeting income goals (broad range of incomes) ❑ Households that contribute to meeting income requirements (targeting) ❑ Those previously enrolled in educational, training, or upward mobility programs ❑ Victims of reprisals or hate crimes ❑ Other preference(s) (list below) 3. If the PHA will employ admissions preferences, please prioritize by placing a "1" in the space that represents your first priority, a "2" in the box representing your second priority, and so on. If you give equal weight to one or more of these choices (either through an absolute hierarchy or through a point system), place the same number next to each. That means you can use "1" more than once, "2" more than once, etc. Date and Time Former Federal preferences Involuntary Displacement (Disaster, Government Action, Action of Housing Owner, Inaccessibility, Property Disposition) Victims of domestic violence Substandard housing Homelessness High rent burden Other preferences (select all that apply) 0 Working families and those unable to work because of age or disability Veterans and veterans' families ❑ Residents who live and/or work in your jurisdiction ❑ Those enrolled currently in educational, training, or upward mobility programs ❑ Households that contribute to meeting income goals (broad range of incomes) ❑ Households that contribute to meeting income requirements (targeting) ❑ Those previously enrolled in educational, training, or upward mobility programs ❑ Victims of reprisals or hate crimes � ❑ Other preference(s) (list below) 4. Among applicants on the waiting list with equal preference status, how are applicants selected? (select one) ® Date and time of application ❑ Drawing (lottery) or other random choice technique �8B 5. If the PHA plans to employ preferences for "residents who live and /or work in the jurisdiction" (select one) ❑ This preference has previously been reviewed and approved by HUD _. ❑ The PHA requests approval for this preference through this PHA Plan 6. Relationship of preferences to income targeting requirements: (select one) ❑ The PHA applies preferences within income tiers ® Not applicable: the pool of applicant families ensures that the PHA will meet income targeting requirements (5) Special Purpose Section 8 Assistance Programs a. In which documents or other reference materials are the policies governing eligibility, selection, and admissions to any special - purpose section 8 program administered by the PHA contained? (select all that apply) ® The Section 8 Administrative Plan ® Briefing sessions and written materials ❑ Other (list below) b. How does the PHA announce the availability of any special- purpose section 8 programs to the public? ® Through published notices ❑ Other (list below) 4. PHA Rent Determination Policies [24 CFR Part 903.7 9 (d)] A. Public Ho a. Use of discretionary policies: (select one) ❑ The PHA will not employ any discretionary rent - setting policies for income based rent in public housing. Income -based rents are set at the higher of 30% of adjusted monthly income, 10% of unadjusted monthly income, the welfare rent, or minimum rent (less HUD mandatory deductions and exclusions). (If selected, skip to sub - component (2)) m"I'- ❑ The PHA employs discretionary policies for determining income based rent (If selected, continue to question b.) b. Minimum Rent 1. Wl 2. ❑ iat amount best reflects the PHA's minimum rent? (select one) $0 $1 -$25 $26 -$50 Yes ❑ No: Has the PHA adopted any discretionary minimum rent hardship exemption policies? 3. If yes to question 2, list these policies below: c. Rents set at less than 30% than adjusted income 1. ❑ Yes ❑ No: Does the PHA plan to charge rents at a fixed amount or percentage less than 30% of adjusted income? 2. If yes to above, list the amounts or percentages charged and the circumstances under which these will be used below: d. Which of the discretionary (optional) deductions and /or exclusions policies does the PHA plan to employ (select all that apply) ❑ For the earned income of a previously unemployed household member ❑ For increases in earned income ❑ Fixed amount (other than general rent - setting policy) If yes, state amount/s and circumstances below: El El fami El Fixed percentage (other than general rent - setting policy) If yes, state percentage /s and circumstances below: For household heads For other family members For transportation expenses For the non - reimbursed medical expenses of non - disabled or non - elderly lies Other (describe below) e. Ceiling rents 1. Do you have ceiling rents? (rents set at a level lower than 30% of adjusted income) (select one) ❑ Yes for all developments ❑ Yes but only for some developments ❑ No 2. For which kinds of developments are ceiling rents in place? (select all that apply) ❑ For all developments ❑ For all general occupancy developments (not elderly or disabled or elderly only) ❑ For specified general occupancy developments ❑ For certain parts of developments; e.g., the high -rise portion ❑ For certain size units; e.g., larger bedroom sizes ❑ Other (list below) 3. Select the space or spaces that best describe how you arrive at ceiling rents (select all that apply) ❑ Market comparability study ❑ Fair market rents (FMR) ❑ 95`h percentile rents ❑ 75 percent of operating costs ❑ 100 percent of operating costs for general occupancy (family) developments ❑ Operating costs plus debt service ❑ The "rental value" of the unit ❑ Other (list below) f. Rent re- determinations .. 1. Between income reexaminations, how often must tenants report changes in income or family composition to the PHA such that the changes result in an adjustment to rent? (select all that apply) ❑ Never ❑ At family option ❑ Any time the family experiences an income increase ❑ Any time a family experiences an income increase above a threshold amount or percentage: (if selected, specify threshold)_ _M ❑ Other (list below) N g. ❑ Yes ❑ No: Does the PHA plan to implement individual savings accounts for residents (ISAs) as an alternative to the required 12 month disallowance of earned income and phasing in of rent increases in the next year? (2) Flat Rents 1. In setting the market -based flat rents, what sources of information did the PHA use to establish comparability? (select all that apply.) ❑ The section 8 rent reasonableness study of comparable housing ❑ Survey of rents listed in local newspaper ❑ Survey of similar unassisted units in the neighborhood ❑ Other (list/describe below) R_ 4PCtion 8 Tenant -Based Assistance a. What is the PHA's payment standard? (select the category that best describes your - standard) ❑ At or above 90% but below 100% of FMR ® 100% of FMR ❑ Above 100% but at or below 110% of FMR ❑ Above 110% of FMR (if HUD approved; describe circumstances below) b. If the payment standard is lower than FMR, why has the PHA selected this standard? (select all that apply) 1SrC1T A;PPLICA#U ❑ FMRs are adequate to ensure success among assisted families in the PHA's segment of the FMR area The PHA has chosen to serve additional families by lowering the payment standard ❑ Reflects market or submarket ❑ Other (list below) f • c. If the payment standard is higher than FMR, why has the PHA chosen this level? (select all that apply) NC>T°A;P, BU ❑ FMRs are not adequate to ensure success among assisted families in the PHA's segment of the FMR area ❑ Reflects market or submarket ❑ To increase housing options for families _. ❑ Other (list below) d. How often are payment standards reevaluated for adequacy? (select one) -- ® Annually ❑ Other (list below) e. What factors will the PHA consider in its assessment of the adequacy of its payment standard? (select all that apply) ® Success rates of assisted families ® Rent burdens of assisted families ❑ Other (list below) (2) Minimum Rent a. What amount best reflects the PHA's minimum rent? (select one) ® $o ❑ $1 -$25 ❑ $26 -$50 b. ❑ Yes ® No: Has the PHA adopted any discretionary minimum rent hardship exemption policies? (if yes, list below) 5 Operations and Management [24 CFR Part 903.7 9 (e)] A. PHA Management Structure Describe the PHA's management structure and organization. t (select one) ❑ An organization chart showing the PHA's management structure and organization is attached. ® A brief description of the management structure and organization of the PHA follows: CCHA Board of Commissioners I Secretary Soc. Svc. Coordinator ,_. Management Coordinator Se EEsid Mgr. Occ. Spec Executive Director Director of Maintenance Maint. Worker Maint. Worker Maint. Worker FMaint. Worker • I Inspector Director of Administration I I Section 8 Coordinator Secretary Accounts Fiscal Receivable Coordinator Asst. Sec. 8 Coord. Interviewer 8B B. HUD Programs Under PHA Program Name Units or Families Served at Year Expected Turnover Beginning Public Housin Section 8 Vouchers 436 62 Section 8 Certificates Section 8 Mod Rehab 4 1 Special Purpose Section 8 Certificates /Vouchers (list individually) Public Housing Drug Elimination Program Other Federal Programs(list individually) Farmers Home Admin 641 91 (1) Public Housing Maintenance and Management: (list below) NOT APPLICABLE (2) Section 8 Management: (list below) Section 8 Administrative Plan HAP Contract Briefing Materials 188D 6. PHA Grievance Procedures [24 CFR Part 903.7 9 (f)] A. Public Housing Npi i"APP4 GAfiU 1. ❑ Yes ❑ No: Has the PHA established any written grievance procedures in addition to federal requirements found at 24 CFR Part 966, Subpart B, for residents of public housing? If yes, list additions to federal requirements below: 2. Which PHA office should residents or applicants to public housing contact to initiate the PHA grievance process? (select all that apply) ❑ PHA main administrative office ❑ PHA development management offices ❑ Other (list below) B. Section 8 Tenant -Based Assistance 1. ❑ Yes ® No: Has the PHA established informal review procedures for applicants to the Section 8 tenant -based assistance program and informal hearing procedures for families assisted by the Section 8 tenant- '' based assistance program in addition to federal requirements found at 24 CFR 982? if yes, list additions to federal requirements below: 2. Which PHA office should applicants or assisted families contact to initiate the informal review and informal hearing processes? (select all that apply) ® PHA Main Office (1800 Farm Worker Way, Immokalee, FL) ® Other (list below): PHA Section 8 office located at 237 Airport Road South, Naples, FL 7. Capital Improvement Needs (NOT APPLICABL ) [24 CFR Part 903.7 9 (g)] Exemptions from Component 7: ; Section 8 only PHAs are not required to complete this component and may skip to Component S. A. Capital Fund Activities Exemptions from sub-component 7A:, PHAs that will not participate in the Capital Fund Program may skip to component 7B. All other'P IAs must complete 7A as instructed: 8B Select one: ❑ The Capital Fund Program Annual Statement is provided as an attachment to - the PHA Plan at Attachment (state name) -or- �` ❑ The Capital Fund Program Annual Statement is provided below: (if selected, copy the CFP Annual Statement from the Table Library and insert here) a. ❑ Yes ❑ No: Is the PHA providing an optional 5 -Year Action Plan for the - Capital Fund? (if no, skip to sub - component 713) b. If yes to question a, select one: -" ❑ The Capital Fund Program 5 -Year Action Plan is provided as an attachment to the PHA Plan at Attachment (state name -or- ❑ The Capital Fund Program 5 -Year Action Plan is provided below: (if selected, copy the CFP optional 5 Year Action Plan from the Table Library and insert here) ❑ Yes ❑ No: a) Has the PHA received a HOPE VI revitalization grant? (if no, skip to question c; if yes, provide responses to question b for each grant, copying and completing as many times as necessary) b) Status of HOPE VI revitalization grant (complete one set of questions for each grant) 8 1. Development name: 2. Development (project) number: 3. Status of grant: (select the statement that best describes the current status) ❑ Revitalization Plan under development ❑ Revitalization Plan submitted, pending approval . ❑ Revitalization Plan approved ❑ Activities pursuant to an approved Revitalization Plan underway ❑ Yes ❑ No: c) Does the PHA plan to apply for a HOPE VI Revitalization grant in the Plan year? If yes, list development name /s below: ❑ Yes ❑ No: d) Will the PHA be engaging in any mixed - finance development activities for public housing in the Plan year? If yes, list developments or activities below: ❑ Yes ❑ No: e) Will the PHA be conducting any other public housing development or replacement activities not discussed in the Capital Fund Program Annual Statement? If yes, list developments or activities below: 8. Demolition and Disposition (1V+f1T APPLI "AB AEf [24 CFR Part 903.7 9 (h)] Applicability of component 8: SectiQ0 8,:00y PHAs are not required to complete.this section. 1. ❑ Yes ❑ No: Does the PHA plan to conduct any demolition or disposition activities (pursuant to section 18 of the U.S. Housing Act of 1937 (42 U.S.C. 1437p)) in the plan Fiscal Year? (If "No ", skip to component 9; if "yes ", complete one activity description for each development.) 2. Activity Description ❑ Yes ❑ No: Has the PHA provided the activities description information in the optional Public Housing Asset Management Table? (If "yes ", skip to component 9. If "No ", complete the Activity Description table below.) Demolition/Disposition Activity Description 1 a. Development name: �- lb. Development ( r9ject) number: 2. Activity type: Demolition ❑ �I7 Disposition ❑ 3. Application status (select one) Approved ❑ Submitted, pending approval ❑ Planned application ❑ 4. Date application a pproved, submitted, or planned for submission: (DD/MM/YY) 5. Number of units affected: 6. Coverage of action (select one) ❑ Part of the development ❑ Total development 7. Timeline for activity: a. Actual or projected start date of activity: b. Projected end date of activity: 9. Designation of Public Housing for Occupancy by Elderly Families or Families with Disabilities or Elderly Families and Families with E Disabilities [24 CFR Part 903.7 9 (i)] Exemptions from Component 9; Section 8a! n Y PHAs ar :not`rectuuecl tz� complete.tl ctibn, 1. ❑ Yes ❑ No: Has the PHA designated or applied for approval to designate or does the PHA plan to apply to designate any public housing for occupancy only by the elderly families or only by families with disabilities, or by elderly families and families with disabilities or will apply for designation for occupancy by only elderly families or only families with disabilities, or by elderly families and families with disabilities as provided by section 7 of the U.S. Housing Act of 1937 (42 U.S.C. 1437e) in the upcoming fiscal year? (If "No ", skip to component 10. If "yes ", complete �. one activity description for each development, unless the PHA is eligible to complete a streamlined submission; PHAs _ completing streamlined submissions may skip to component 10.) 2. Activity Description ❑ Yes ❑ No: Has the PHA provided all required activity description information for this component in the optional Public Housing Asset Management Table? If "yes ", skip to component 10. If "No ", complete the Activity Description table below. �— Designation of Public Housing Activity Description Ia. Development name: lb. Development (project) number: 2. Designation type: • I • I 10. Conversion of Public Housing to Tenant -Based Assistance (1Vt37". wl Z`L [24 CFR Part 903.7 9 0)] Exemtpt r its frrtztr;Cc rnponent .10' Secti€�n 8, drily PT1As ,are nc?t.required to ei mpie E'tt s se fi 0 A. Assessments of Reasonable Revitalization Pursuant to section 202 of the HUD FY 1996 HUD Appropriations Act 1. ❑ Yes ❑ No: Have any of the PHA's developments or portions of developments been identified by HUD or the PHA as covered under section 202 of the HUD FY 1996 HUD Appropriations Act? (If "No ", skip to component 11; if "yes ", complete one activity description for each identified development, unless eligible to complete a streamlined submission. PHAs completing streamlined submissions may skip to component 11.) 2. Activity Description ❑ Yes ❑ No: Has the PHA provided all required activity description information for this component in the optional Public Housing Asset Management Table? If "yes ", skip to component 11. If "No ", complete the Activity Description table below. Conversion of Public Housing Activity Description 1 a. Development name: lb. Development (project) number: 2. What is the status of the required assessment? ❑ Assessment underway Occupancy by only the elderly U Occupancy by families with disabilities ❑ Occu anc b onl AA-rhu families and families with disabilities ❑ 3. Application status (select one) Approved; included in the PHA's Designation Plan ❑ Submitted, pending approval ❑ Planned application ❑ 4. Date this designation approved, submitted, or planned for submission: (DD/MM /YY) 5. If approved, will this designation constitute a (select one) ❑ New Designation Plan ❑ Revision of a previously- a roved Designation Plan? 6. Number of units affected: 7. Coverage of action (select one) ❑ Part of the development ❑ Total development 10. Conversion of Public Housing to Tenant -Based Assistance (1Vt37". wl Z`L [24 CFR Part 903.7 9 0)] Exemtpt r its frrtztr;Cc rnponent .10' Secti€�n 8, drily PT1As ,are nc?t.required to ei mpie E'tt s se fi 0 A. Assessments of Reasonable Revitalization Pursuant to section 202 of the HUD FY 1996 HUD Appropriations Act 1. ❑ Yes ❑ No: Have any of the PHA's developments or portions of developments been identified by HUD or the PHA as covered under section 202 of the HUD FY 1996 HUD Appropriations Act? (If "No ", skip to component 11; if "yes ", complete one activity description for each identified development, unless eligible to complete a streamlined submission. PHAs completing streamlined submissions may skip to component 11.) 2. Activity Description ❑ Yes ❑ No: Has the PHA provided all required activity description information for this component in the optional Public Housing Asset Management Table? If "yes ", skip to component 11. If "No ", complete the Activity Description table below. Conversion of Public Housing Activity Description 1 a. Development name: lb. Development (project) number: 2. What is the status of the required assessment? ❑ Assessment underway • r • r ❑ Assessment results submitted to HUD ❑ Assessment results approved by HUD (if marked, proceed to next question) ❑ Other (explain below) 3. ❑ Yes ❑ No: Is a Conversion Plan required? (If yes, go to block 4; if no, go to block 5.) 4. Status of Conversion Plan (select the statement that best describes the current status) ❑ Conversion Plan in development ❑ Conversion Plan submitted to HUD on: (DD/MM/YYYY) ❑ Conversion Plan approved by HUD on: (DD/MM /YYYY) ❑ Activities pursuant to HUD - approved Conversion Plan underway 5. Description of how requirements of Section 202 are being satisfied by means other than conversion (select one) ❑ Units addressed in a pending or approved demolition application (date submitted or approved: ❑ Units addressed in a pending or approved HOPE VI demolition application (date submitted or approved: ) ❑ Units addressed in a pending or approved HOPE VI Revitalization Plan (date submitted or approved: ) ❑ Requirements no longer applicable: vacancy rates are less than 10 percent ❑ Requirements no longer applicable: site now has less than 300 units ❑ Other: (describe below) 11. Homeownership Programs Administered by the PHA [24 CFR Part 903.7 9 (k)] A. Public Housing (NOT'APPLIC'ARLE) Exemptions from Component 1 IA': Section 8 only PHAs are not required to complete 1 IA. 1. ❑ Yes ❑ No: Does the PHA administer any homeownership programs administered by the PHA under an approved section 5(h) homeownership program (42 U.S.C. 1437c(h)), or an approved HOPE I program (42 U.S.C. 1437aaa) or has the PHA applied or a plan to apply to administer any homeownership programs under section 5(h), the HOPE I program, or section 32 of the U.S. Housing Act of 1937 (42 U.S.C. 1437z -4). (If "No ", skip to component 11 B; if "yes ", complete one activity description for each applicable program/plan, unless eligible to complete a streamlined submission due to small PHA or high performing PHA status. PHAs completing streamlined submissions may skip to component 11B.) -w 2. Activity Description ❑ Yes ❑ No: Has the PHA provided all required activity description information for this component in the optional Public Housing Asset Management Table? (If "yes ", skip to component 12. If "No ", complete the Activity Description table below.) Public Housing Homeownership Activity Description (Complete one for each development affected) 1 a. Development name: lb. Development (project) number: 2. Federal Program authority: ❑ HOPE I ❑ 5(h) ❑ Turnkey III ❑ Section 32 of the USHA of 1937 (effective 10/1/99) 3. Application status: (select one) ❑ Approved; included in the PHA's Homeownership Plan/Program ❑ Submitted, pending approval ❑ Planned application 4. Date Homeownership Plan /Program approved, submitted, or planned for submission: (DD /MM /YYYY) 5. Number of units affected: 6. Coverage of action: (select one) ❑ Part of the development ❑ Total development _. B. Section 8 Tenant Based Assistance 1. ❑ Yes ® No: Does the PHA plan to administer a Section 8 Homeownership -- program pursuant to Section 8(y) of the U.S.H.A. of 1937, as implemented by 24 CFR part 982 ? (If "No ", skip to component 12; if "yes ", describe each program using the table below (copy and complete questions for each program identified), unless the PHA is eligible to complete a streamlined submission due to high performer status. High performing PHAs may skip to component 12.) • I • I A 2. Program Description: ........... . ........... . a. Size of Program (N €1 T7' A;F.�,'.+�k'"' B ❑ Yes ❑ No: Will the PHA limit the number of families participating in the section 8 homeownership option? If the answer to the question above was yes, which statement best describes the number of participants? (select one) ❑ 25 or fewer participants ❑ 26 - 50 participants ❑ 51 to 100 participants ❑ more than 100 participants b. PHA - established eligibility criteria (lYC?TAOLCAi) ❑ Yes ❑ No: Will the PHA's program have eligibility criteria for participation in its Section 8 Homeownership Option program in addition to HUD criteria? If yes, list criteria below: 12 PHA Community Service and Self - sufficiency Programs [24 CFR Part 903.7 9 (1)] A. PHA Coordination with the Welfare (TANF) Agency B. 1. Cooperative agreements: ❑ Yes ® No: Has the PHA has entered into a cooperative agreement with the TANF Agency, to share information and/or target supportive services (as contemplated by section 12(d)(7) of the Housing Act of 1937)? If yes, what was the date that agreement was signed? DD/MM /YY 2. Other coordination efforts between the PHA and TANF agency (select all that -- apply) ® Client referrals ® Information sharing regarding mutual clients (for rent determinations and otherwise) ® Coordinate the provision of specific social and self - sufficiency services and programs to eligible families ❑ Jointly administer programs ❑ Partner to administer a HUD Welfare -to -Work voucher program ❑ Joint administration of other demonstration program ❑ Other (describe) • ,r B. Services and programs offered to residents and participants (1) General a. Self- Sufficiency Policies Which, if any of the following discretionary policies will the PHA employ to enhance the economic and social self - sufficiency of assisted families in the following areas? (select all that apply) ❑ Public housing rent determination policies ❑ Public housing admissions policies ® Section 8 admissions policies ❑ Preference in admission to section 8 for certain public housing families ❑ Preferences for families working or engaging in training or education programs for non - housing programs operated or coordinated by the PHA ❑ Preference /eligibility for public housing homeownership option participation ❑ Preference /eligibility for section 8 homeownership option participation ❑ Other policies (list below) b. Economic and Social self- sufficiency programs ® Yes ❑ No: Does the PHA coordinate, promote or provide any programs to enhance the economic and social self - sufficiency of residents? (If "yes ", complete the following table; if "no" skip to sub - component 2, Family Self Sufficiency Programs. The position of the table may be altered to facilitate its use. ) Services and Programs Program Name & Description Estimated Allocation Access Eligibility (including location, if appropriate) Size Method (development office) (public housing or SEE lfl�l�'�►1�M.AT ON EJN THE (waiting PHA main office / section 8 Ec p;,gE,r list/random other provider name) participants or selection/specific both) criteria/other) Job Training Limited Random — Work Force Council Open Poverty Income Guidelines Vocational Rehabilitation Unlimited Disability State of Florida Open Welfare Assistance Unlimited Random — Dept. Children & Open Poverty Family Guidelines 4 Financial Counseling Random Consumer Credit Open Counseling of SW Florida Affordable Childcare Limited Waiting List Childcare of SW Open Florida Pregnancy Prevention Unlimited Random Planned Parenthood Open Supportive Services and Referral Unlimited Random Collier County Social Open Services Adult Literacy Unlimited Random Adult Comm. Open Education Enrichment and Esteem Building Limited Random — Prefer American Assoc. Univ. Open Winners Women Symposium Partici ants Vocational Education and Job Unlimited Random Lorenzo Walker VO- Open Skills Training TECH Vocational Education and Job Unlimited Random — Edison Community Open Skills Training HS /GED min. College criteria Cash Assistance, Food Stamps, Unlimited State of Florida Wages Open Medicaid Family Counseling Unlimited Random First Assembly of God Open (counseling) Education Unlimited Random University of Florida — Open Ext. Service Legal Advice and Representation Unlimited Selection Criteria Legal Aid Society of Open — Issues SW Florida pertaining to child custody, child support, and divorce. M- (2) Family Self Sufficiency proeram/s b. ® Yes ❑ No: If the PHA is not maintaining the minimum program size required by HUD, does the most recent FSS Action Plan address -� the steps the PHA plans to take to achieve at least the minimum program size? If no, list steps the PHA will take below: C. Welfare Benefit Reductions 1. The PHA is complying with the statutory requirements of section 12(d) of the U.S. Housing Act of 1937 (relating to the treatment of income changes resulting from welfare program requirements) by: (select all that apply) ❑ Adopting appropriate changes to the PHA's public housing rent determination policies and train staff to carry out those policies ® Informing residents of new policy on admission and reexamination ❑ Actively notifying residents of new policy at times in addition to admission and reexamination. �. ❑ Establishing or pursuing a cooperative agreement with all appropriate TANF agencies regarding the exchange of information and coordination of services ® Establishing a protocol for exchange of information with all appropriate TANF agencies ❑ Other: (list below) 13 PHA Safety and Crime Prevention Measures (N T- APPT;.ICAB ) A. Need for measures to ensure the safety of public housing residents a 1. Describe the need for measures to ensure the safety of public housing residents (select all that apply) ❑ High incidence of violent and /or drug- related crime in some or all of the PHA's developments ❑ High incidence of violent and/or drug- related crime in the areas surrounding or adjacent to the PHA's developments ❑ Residents fearful for their safety and /or the safety of their children ❑ Observed lower -level crime, vandalism and/or graffiti ❑ People on waiting list unwilling to move into one or more developments due to perceived and/or actual levels of violent and /or drug- related crime ❑ Other (describe below) 2. What information or data did the PHA used to determine the need for PHA actions -� to improve safety of residents (select all that apply). ❑ Safety and security survey of residents ❑ Analysis of crime statistics over time for crimes committed "in and around" public housing authority ❑ Analysis of cost trends over time for repair of vandalism and removal of graffiti ❑ Resident reports ❑ PHA employee reports ❑ Police reports ❑ Demonstrable, quantifiable success with previous or ongoing anticrime /anti drug programs ❑ Other (describe below) 3. Which developments are most affected? (list below) B. Crime and Drug Prevention activities the PHA has undertaken or plans to �. undertake in the next PHA fiscal year 1. List the crime prevention activities the PHA has undertaken or plans to undertake: _. (select all that apply) ❑ Contracting with outside and/or resident organizations for the provision of crime- and/or drug- prevention activities ❑ Crime Prevention Through Environmental Design ❑ Activities targeted to at -risk youth, adults, or seniors ❑ Volunteer Resident Patrol /Block Watchers Program -` ❑ Other (describe below) 2. Which developments are most affected? (list below) C. Coordination between PHA and the police 1. Describe the coordination between the PHA and the appropriate police precincts for carrying out crime prevention measures and activities: (select all that apply) ❑ Police involvement in development, implementation, and/or ongoing evaluation of drug - elimination plan ❑ Police provide crime data to housing authority staff for analysis and action ❑ Police have established a physical presence on housing authority property (e.g., community policing office, officer in residence) ❑ Police regularly testify in and otherwise support eviction cases ❑ Police regularly meet with the PHA management and residents ❑ Agreement between PHA and local law enforcement agency for provision of above - baseline law enforcement services ❑ Other activities (list below) 2. Which developments are most affected? (list below) [24 CFR Part 903.7 9 (n)] NOT APP. ICABLE 15. Civil Rights Certifications [24 CFR Part 903.7 9 (o)] Civil rights certifications are included in the PHA Plan Certifications of Compliance with the PHA Plans and Related Regulations. 16. Fiscal Audit [24 CFR Part 903.7 9 (p)] 1. ® Yes ❑ No: Is the PHA required to have an audit conducted under section 5(h)(2) of the U.S. Housing Act of 1937 (42 U S.C. 1437c(h))? (If no, skip to component 17.) 2. ® Yes ❑ No: Was the most recent fiscal audit submitted to HUD? FYE 9/30/2002 3. ® Yes ❑ No: Were there any findings as the result of that audit? 4. ❑ Yes ® No: If there were any findings, do any remain unresolved? If yes, how many unresolved findings remain? 5. ❑ Yes ❑ No: Have responses to any unresolved findings been submitted to HUD? If not, when are they due (state below)? 17. PHA Asset Management ICA4LE [24 CFR Part 903.7 9 (q)] 1. ❑ Yes ❑ No: Is the PHA engaging in any activities that will contribute to the long -term asset management of its public housing stock, including how the Agency will plan for long -term operating, capital investment, rehabilitation, modernization, disposition, and other needs that have not been addressed elsewhere in this PHA Plan? _ 2. What types of asset management activities will the PHA undertake? (select all that apply) ❑ Not applicable ❑ Private management ❑ Development -based accounting ❑ Comprehensive stock assessment ❑ Other: (list below) 3. ❑ Yes ❑ No: Has the PHA included descriptions of asset management activities in the optional Public Housing Asset Management Table? ■ 18. Other Information [24 CFR Part 903.7 9 (r)] A. Resident Advisory Board Recommendations 1. ® Yes ❑No: Did the PHA receive any comments on the PHA Plan from the Resident Advisory Board/s? 2. If yes, the comments are: (if comments were received, the PHA MUST select one) _. ❑ Attached at Attachment (File name) ® Provided below: RESIDENT ADVISORY COMMITTEE MINUTES The Resident Advisory Committee meeting met Tuesday, May 20, 2003 at 10:00 a.m. at the offices of the Collier County Housing Authority, 237 Airport Road, Naples, Florida. Members present: Jackie Jean Claribel Serrano Staff present: Angela Edison, Section 8 Coordinator A review and discussion on the agency's fourth year of activities was done. Members discussed whether the Housing Authority achieved the goals and objectives outlined during the fourth year and then made the following recommendations: F • Their main interest once again this year was the Section 8 Homeownership Program. The next step is too start gathering information about the Homeownership program to take to our Board of Commissioners for their review. Meeting adjourned at 11:30 a.m. 3. In what manner did the PHA address those comments? (select all that apply) ❑ Considered comments, but determined that no changes to the PHA Plan were necessary. ❑ The PHA changed portions of the PHA Plan in response to comments List changes below: ® Other: (list below) All provisions outlined in the third year remained the same, however the — comment made by the Resident Advisory Board, regarding a Home Ownership Program is a program that we will be investigating in the near future. B. Description of Election process for Residents on the PHA Board 1. ❑ Yes ® No: Does the PHA meet the exemption criteria provided section 2(b)(2) of the U.S. Housing Act of 1937? (If no, continue to question 2; if yes, skip to sub - component C.) 2. ❑ Yes ® No: Was the resident who serves on the PHA Board elected by the residents? (If yes, continue to question 3; if no, skip to sub- component C.) 3. Description of Resident Election Process — The Resident Commissioner is — appointed by the Governor of the State of Florida. in the early 1980's housing authorities were required by state law to have a resident commissioner on their board. The Collier County Housing Authority is governed by a five member Board of Commissioners. The Board is appointed by the Governor to four -year staggered terms and ratified by the Board of County Commissioners. The Housing Authority has had a Resident Commissioner on their Board since pre 1982. Currently the Resident Commissioner is Gertrude Townsend, whose term is January 17, 2001 to November 4, 2004. The selection process for Resident Advisory Members of the Section 8 Program is done by a volunteer process, a letter is mailed out inviting clients to participate on the Board. They are invited to a meeting to explain the responsibilities and obligations to being an Advisory member. The selection is made by those that are present, the residents decided that a diverse five member Board would allow them fair representation of other residents on the Section 8 Program. a. Nomination of candidates for place on the ballot: (select all that apply) ❑ Candidates were nominated by resident and assisted family organizations ❑ Candidates could be nominated by any adult recipient of PHA assistance ❑ Self - nomination: Candidates registered with the PHA and requested a place on ballot ❑ Other: (describe) Eligible candidates: (select one) Any recipient of PHA assistance Any head of household receiving PHA assistance Any adult recipient of PHA assistance Any adult member of a resident or assisted family organization Other (list) • c. Eligible voters: (select all that apply) ❑ All adult recipients of PHA assistance (public housing and section 8 tenant - based assistance) ❑ Representatives of all PHA resident and assisted family organizations ❑ Other (list) C. Statement of with the Consolidated Plan 1. Consolidated Plan jurisdiction: (provide name here) COLLIER COUNTY 2. The PHA has taken the following steps to ensure consistency of this PHA Plan with the Consolidated Plan for the jurisdiction: (select all that apply) ® The PHA has based its statement of needs of families in the jurisdiction on the needs expressed in the Consolidated Plan /s. ® The PHA has participated in any consultation process organized and offered by the Consolidated Plan agency in the development of the Consolidated Plan. ❑ The PHA has consulted with the Consolidated Plan agency during the development of this PHA Plan. ❑ Activities to be undertaken by the PHA in the coming year are consistent with the initiatives contained in the Consolidated Plan. (list below) ❑ Other: (list below) 3. The Consolidated Plan of the jurisdiction supports the PHA Plan with the following actions and commitments: (describe below) a. Financial support for the expansion of affordable housing opportunities - b. Assessment of the housing and service needs of Migrant Farm Workers c. Emphasis on economic self - sufficiency for lower income residents D. Other Information Required by HUD Use this section to provide any additional information requested by HUD. 1. Deviations From and Modifications To the Agency Plan The Agency Plan is a living document that shall serve to guide CCHA operations and resource management. In the event that circumstances or priorities necessitate actions that would represent a substantial departure from the goals, objectives, timetables or policies as set forth in the plan, the CCHA will invite resident review and input prior to taking actions that would implement such substantial -- changes. Development of subsequent Annual Plans shall be the vehicle through which updates and minor or routine modifications to the Agency Plan are made. On an annual basis the CCHA will review its progress toward the achievement of its goals and objectives as set forth in the Agency Plan. It will also evaluate whether the remaining goals and objectives, and the existing policies and procedures, adequately address the needs of its constituents, stakeholders and the agency. To the extent that those needs are not met by the elements of the existing Agency Plan, the subsequent Annual Plan shall be written to reflect changes to goals, objectives, policies and procedures to address those needs. In the event that the elements of the subsequent annual plan represent a significant departure from those of the existing Agency Plan, a Significant Amendment or Modification to the Agency Plan will be undertaken. Under these circumstances, a participatory planning process will be used to obtain resident input. A draft of the substantially modified Agency Plan will be subject to the public review, comment, and hearing process. The CCHA will honor the current HUD definition of Substantial Deviation and Significant Amendment _. that applies to it: 1. Changes to rent or admissions policies or organization of the waiting list An exception to this definition will be made if modifications are required solely to reflect changes in HUD regulatory requirements. In that case, such changes will not be considered significant amendments by the CCHA. 19. Attachments Use tlus;;section Co prr� e`a y a4dfiicinal at t tun is ref rent din th A. Progress Report on 5 -Year Plan Mission and Goals Consistent with HUD's strategic goals the Collier County Housing Authority will undertake the following key activities: Affordable Housing Key activities to be undertaken include the formation of partnerships and identification of funding sources and affordable housing options. • We will continue to take advantage of any funding availability that is provided under HUD Super NOFA. • We will continue efforts to develop permanent housing for disabled families through the Continuum of Care Program in partnership with the Empowerment Alliance. • We are in the process of constructing an affordable housing project, which is a 192 -bed dormitory for single unaccompanied males. Equal Housing opportunity Activities will focus on outreach to potential Section 8 Landlords, but as well continue to promote and increase awareness of all housing opportunities to our residents and the public. • Active participation on the Workforce Housing Advisory Committee. • Staff will continue to play major roles in being involved with various housing -- committees, and or social service organizations. • Participate in yearly Housing Fair and HALO EXPO. • Continue our membership with the Naples Apartment Association with active participation in Association activities. • Will keep updated information sheet for owners on the Section 8 Program and will continue to assess to improve our one -on -one consultations with potential landlords. Self- Sufficiency We will continue to promote the FSS Program by increasing our efforts to look for creative approaches to make the program a success. Quality of Life Fourth year activities will continue to include staff training. • The Housing Authority is in the process of transition and is at the preliminary stages of doing an agency wide strategic planning process for the next five years. Two members of management staff have taken part in an executive director training provided by Public Housing Authorities Directors Association and Rutgers University. A third member is now currently going through the course and will continually be offered to other management staff who could benefit from the experience. IN B. Resident Advisory Board Members Gertrude Townsend (Resident Commissioner) 1200 Applemint Lane Immokalee, FL 34142 Gertrude James 1000 Wiggins Pass Road #355 Naples, FL 34110 Carolyn Alden 2575 Wild Pines Lane # 917 Naples, FL 34112 Jackie Jean 155 Manor Blvd., #601 Naples, FL 34104 Horace Means P.O.Box1302 Immokalee, FL 34143 Sandra Rodriquez 5117 Bass Road Immokalee, FL 34112 AFFIDAVITS OF PUBLICATIONS FOR PUBLIC HEARINGS Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 95 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Dail a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice was published in said newspaper 1 time in the issue on December 4th, 2003 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of afant) Sworn to and subscribed before me This 3rd day of December ,2003 (Signature of notary public) Harriett Bushong +: :: MYCOMMISSIGN# DD234689 EXPIRES PUBLIC NOTICE PUBLIC NOTICE NOTICE OF 1(gr PUBLIC MEETING NOU/INp OAAORTUNITT NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE CITIZENS. ADVISORY TASK FORCE (CATF) AT COMMUNITY DEVELOPMENT.& ENVIRONMENTAL SERVICES, MAIN CONFERENCE ROOM, 2800 N. HORSESHOE DRIVE, NAPLES, FL AT 3:00 P.M. ON DECEMBER 18, 2003. AGENDA 1. Roll Call 2. New Business a. Review and ranking of FY 2004 -2005 Community Development Block Grant (CDBG) Public Services applications. b. Update and approval of an extension for the Stateof Florida Small Cities CDBG Program (Economic Development) for the Manufacturing Facility If at Immokalee Regional Airport, CDBG 00- DB- 6B- 09- 21- 01 -E05. :. Review of CATF member applications and recommendation to Board of County Commissioners. 3. Approval of Meeting Minutes a. September 18, 2003. 4. Announcements a. Letter from the U.S. Department of Housing and Urban Development regarding the Annual Community Assessment 2002 Program Year — CDBG Program Additionally, this notice advises that, if a person decides to appeal any decision made by the Citizens Advisory Task Force, with respect to any matter considered at this meeting, he will need a record of the proceedings and that for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you require special aid or services as addressed in the Americans with Disabilities Act or require someone to translate or sign, please contact the Collier County Financial Administration and Housing Department at (239) 213 -2937, no later than two (2) days prior to the Public Hearing date. No. 99158772 Dec Lrnber 4 2003 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier _. Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice was published in said newspaper 1 time in the issue on December 4th, 2003 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ,j f.J . ( Signature of affiant) Sworn to and subscribed before me This 3rd day of December ,2003 7 , I (Signature of notary public) r Harriett Sushong MY COMMISSION # DD234689 EXPIRES • ZZ 3uY 24, 2002 �� '•.?;•aF F °Q' BONDED THRU TROY FAIN INSURANCE, INC PUBLIC NOTICE�� P BLIC NOTICE 12? AVISO DE A" EQUAL NOUEINO ii REUNION PUBLIC A -,o „a. OONTUNITY Por este medio les avisamos de una reuni regular del Asesor de Destacamento de Fuer2 del Ciudadano (CATF) En el salon de conference ubicado en el 2800 North Horseshoe Drive, Napl( FL a las 3:00 p.m. el 18 de Diciembre del 2003. 1. Pasar lista 2. Nuevos Negocios a. Revisar y evaluar las aplicaciones de Servicios P6blicos para el ano fiscal 2004 -200 del Bloque de Becas para el Desarrollo Comunitario- (CDBG). b. Actualizo y aprobaci6n para una extensi6n al programa del Estado de Florida de las Pequenas Ciudades -El programa de CDBG (Desarrollo Econ6mico) para la Facilidad de Fabricaci6n del Aeropuerto Regional de Immokalee, CDBG 00- D13- 613- 09- 21- 01 -E05. c. Reviso de aplicaciones de miembros del CATF y recomendaciones a la Junta de Comisionados del Condado. 3. Aprobaci6n de los Minutos de la Reuni6n de a. Septiembre 18, 2003. 4. Anuncios a. Carta del Departamento de Vivienda y Desarrollo Urbano de Los Estados Unidos sobre la Evaluaci6n Anual de la Comunidad para el Programa del Ano 2002 - Programa CDBG Adicionalmente, este aviso aconseja que, si un persona decide apelar cualquier decisi6n hech por el Asesor de Destacamento de Fuerzas par el Ciudadano, con respecto a cualquier asunt considerado en esta reuni6n, necesitaria una grabaci6 de los procedimientos y para este prop6sito, tambie necesitaria asegurarse que un registro literalment es echo, y que to grabado incluye el testimonio evidencia basado en to que quieran apelar. Si usted requiere asistencia especial o servicio ofrecidos bajo e/ Acto de Americanos Discapacitado,� o si requiere asistencia con traducciones o traduzca e, el idioma del signo, por favor Name al Departamento d Administracion Financiara y Vivienda al (239) 13 -293 no menos de dos dins antes cue 0. reunj6n. No 99158773 December 4, 20 0 Immokalee Bulletin P.O. Box 518 LaBelle, FL 33975 Affidavit of Publication State of Florida • County of Hendry Collier County Financial Administration & Housing I hereby certify that a Notice of Public Meeting display ad was placed in the Immokalee Bulletin December 4, 2003 a_,d� Notary Public Barbar A. Calfee. #DD262652 Barbara A . Calfee Commission #DD262652 f� �J00 =•' Oct 28, 2007 - C ExpirBonded Tru Date Adantic Bonding Co.. Inc. Rai NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE CITIZENS ADVISORY TASK FORCE (CATF) AT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES, MAIN CONFERENCE ROOM, 2800 N. HORSESHOE DRIVE, NAPLES, FL AT 3:00 P.M. ON DECEMBER 18, 2003. AGENDA 1. Roll Call 2. New Business a. Review and ranking of FY 2004 -2005 Community Development Block Grant (CDBG) Public Services . applications. b. Update.and approval of an extension for the State of Florida Small Cities CDBG Program (Economic Development) for the Manufacturing Facility II-at Immokalee Regional Airport, CDBG 00- DB- 6B- 09 -21- 01 -E05. c. Review of CATF member, applications and recommendation to Board of County Commissioners. 3. Approval of Meeting Minutes a. September 18, 2003. 4. Announcements a. Letter from the U.S. Department of Housing and Urban Development regarding the Annual Community Assessment 2002 Program Year - CDBG Program Additionally, this notice advises that, if a person decides to appeal any decision made by the Citizens Advisory Task Force, with respect to any matter considered at this meeting, he will. need a record of the proceedings and that for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you require special aid or services as addressed in the Americans with Disabilities Act or require someone to translate or sign, please contact.the Collier County Financial Administration and Housing Department at (239) 213 -2937, no later than two (2) days prior to the Public Hearing date. Por este medio les avisamos de una reuni6n regular del Asesor de Destacamento de Fuerzas del Ciudadano (CATF) En el sa16n de conferencias ubicado en el 2800 North Horseshoe Drive, Naples, FL a las 3:00 p.m, el 18 de Diciembre del 2003. AGENDA 1. Pasar lista 2. Nuevos Negocios a. Revisar y evaluar las aplicaciones de Servicios Publicos. - para el aHo fiscal 2004 -2005 del Bloque de Becas para el Desarrollo Comunitario- (CDBG). b, Actualizo y aprobaci6n para una extension al programa del Estado de Florida de las Pequeiias Ciudades —El programa de CDBG (Desarrollo Econ6mico) para la Facilidad de Fabricaci6n del Aeropuerto Regional de Immokalee, CDBG 00- DB- 6B- 09- 21- 01 -E05. c. Reviso de aplicaciones de miembros del CATF y recomendaciones a la Junta de Comisionados'del Condado. 3. Aprobaci6n de los Minutos de la Reuni6n de a. Septiembre 18, 2003. 4. Anuncios a. Carta del Departamento de Vivienda y Desarrollo Urbano de Los Estados Unidos sobre la Evaluaci6n Anual de la Comunidad para el Programa del Aiio 2902 - Programa CDBG Adicionalmente, este aviso aconseja que, si una persona decide apelar cualquier decision hecho por el Asesor de Destacamento de Fuerzas para el Ciudadano, con respecto a cualquier asunto considerado en esta reuni6n, necesitaria una grabaci6n de los procedimientos y para este prop6sito, tambien necesitaria asegurarse que un registro literalmente es echo, y que to grabado incluye el testimonio y evidencia basado en to que quieran apelar. Si usted requiere asistencia especial o servicios ofrecidos bajo el Acto de Americanos Discapacltados, o si requiere asistencia con traducciones o traduzca en el idioma del signo, por favor !lame al Departamento de Administracion Financiara y Vivienda al (239) 213 -2937 no menos de dos dias antes de la reunion. • 1 w Collier County CDBG Citizen Advisory Task Force December 18, 2003 — 3:00 p.m. Financial Administration and Housing Community Development and Environmental Services 2800 N. Horseshoe Drive, Naples, Florida 34104 Main Conference Room Agenda I. Call Meeting to Order and Roll Call II. Old Business — a. Approval of September 18, 2003 meeting minutes III. New Business a. Review and ranking of FY 2004 -2005 Community Development Block Grant (CDBG) Public Services applications. — b. Update and approval of an extension for the State of Florida Small Cities CDBG Program (Economic Development) for the Manufacturing Facility II at Immokalee Regional Airport, CDBG 00-DB-6B-09-21 -01 -E05. c. Review of CATF member applications and recommendation to Board of County Commissioners -- d. Discussion regarding CDBG dollars returned by the County for the Linwood Drainage project from FY 02 -03 IV. Announcements a. Letter from the U.S. Department of Housing and Urban Development regarding the Annual Community Assessment 2002 Program Year — CDBG Program b. Date of next CATF meeting V. Adjournment of Meeting G:ICDBG1Citizen Advisory Task Force12003 CATF Meetings\Dec 18 -03 Mtg1CATF Agenda.doc 0 � I 8.0 USER GUIDE Basis of the Consolidated Plan and Annual Action Plan The United States Department of Housing and Urban Development (HUD) requires documentation to maintain annual entitlement funding for Collier County from the Community Development Block Grant (CDBG) program, the Home Investment Partnerships (HOME) program and the Emergency Shelter Grants (ESG) program. The Annual Action Plan describes actions related to the announced entitlement funds for that year. In 2001, Collier County submitted the FY 2001 -2005 Consolidated Plan, which serves as a five -year strategic guideline for the annual plans. The five -year Collier County FY 2001 -2005 Consolidated Plan is available at all branches of the County's Library and at the Collier County Financial Administration and Housing Department, 2800 North Horseshoe Drive, Suite 400, Naples, Florida, 34104. Audiences Federal regulations and HUD guidelines define the required information and suggest formats. HUD - and Collier County encourage the circulation of the documents to audiences throughout the county. It is believed that citizens and neighborhood groups as well as public, private and non - profit agencies can make use of the document and its information on Collier County needs, objectives and strategies. This document attempts to present information in a format that is easily readable by the public audience. Format Section Beginning Page Number Executive Summary for the Action Plan 1 Citizen Participation Process 9 Five -Year Strategic Plan 11 One -Year Action Plan & Projects 36 Certifications 78 Appendices 88 Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida EXHIBIT "A" SCOPE OF SERVICES L THE SUBRECIPIENT AGREES TO: a PROFESSIONAL SERVICES: • i LISM The procurement process of the consultant shall also incorporate any sLb -consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub - consultants shall be at cost. Such sub - consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. PROJECT SCOPE: NARRATIVE OF WORK PLAN NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings /specifications to FAH and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain FAH approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain FAH approval prior to executing any ,range orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from FAH for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. BUDGET: Line Item: Total SUBRECIPIENT AGREEMENT CDBG Funds Other Page 17 of 22 M I �,_. Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the County, as the Grantee, for FAH approval, in a form specified by FAH. D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. E. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. F. DAVIS -BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis -Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis -Bacon wage decision and disclose the requirements of the Davis - Bacon Act in its construction bid solicitation and sub- contract(s). G. BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A -110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. H. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have complied with the requirements of the Davis -Bacon Act. I. FORMER PROJECTS: 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. WORK SCHEDULE: The time frame for completion of the outlined activities shall be K. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. SUBRECIPIENT AGREEMENT Page 18 of 22 • 5 0 a EXHIBIT `B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient N Subrecipient Address: Project Name: Project No: 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) $ 7. If applicable amount held as retainage to date by the County, if not retained by $ the sub - recipient. I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director SUBRECIPIENT AGREEMENT Page 19 of 22 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form Pr past month and submit to FAH staff by the 10`h of the following month. Status Report for Month of Project Name _ Project Number Subrecipient: Contact Person Telephone: E -mail: ubmittal Date: Activity Number Fax: 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. SUBRECIPIENT AGREEMENT Page 20 of 22 • 119 5. New contracts executed this month (if applicable): Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on page 3) Ethnicity (see definitions on page 3) Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51 -80 %) Household 6. For projects that serve a particular clientele, please complete the following information by entering the appropriate number In the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). Enter the number of beneficiaries in the blank space and in box "1. " INCOME Of the households or persons assisted, are extremely low- income income (0- 30 %) of the current Median Family Income (MFI). Enter this number in box "2. " Of the households or persons assisted, are very low - income (31 -50 %) of the current Median Family Income (MFI). Enter this number in box "3. " Of these households or persons assisted, are low income (51 -80 %) of the current Median Family Income (MFI). Enter this number in box "4. " NOTE: The total of boxes 2,3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51 -80 %) Household Assisted (0 -30 %) (31 -50%) SUBRECIPIENT AGREEMENT Page 21 of 22 • LOIN] Subrecivients must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African- American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having originN in any of the original peoples of the Far East, Southeast Asia, or the Indian su!wcontinent including, for example, Cambodia, China, India, Japan, Korea, M4iaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. 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. 5. 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: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and 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: SUBRECIPIENT AGREEMENT Page 22 of 22 COLLIER COUNTY, FLORIDA � 88 to CONSOLIDATED PLAN - ONE -YEAR ACTION PLAN HUD FY 2004 -2005 Adopted April 13, 2004 __71 Collier County Board of Commissioners Donna Fiala, Chair, District 1 Fred W. Coyle, Vice Chair, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 County Manager Jim Mudd PREVIO USL Y FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS Cultural Heritage Day at River Charlee Estates, affordable housing Wolfe Apartments, transitional housing Park Community Center built by Habitat for Humanity built by St. Matthew's House Rehabilitation of transitiona housing for disabled adults Infrastructure assistance provided by HUD through CDBG program M �3_ Immokalee Summer Youth Collier County Financial Administration and Housing Department 2800 North Horseshoe Drive, Suite 400 Naples, FL 34104 (239) 213 -2937 CDES Administrator, Joseph K. Schmitt FAH Department Director, H. Denton Baker FAH Department Housing Manager, Cormac Giblin FAHDepartment Grants Development Coordinator, Janeen D. Person The One -Year Action Plan was prepared by the staff of the Collier County Financial Administration & Housing Department im TABLE OF CONTENTS INTRODUCTION 1.0 EXECUTIVE SUMMARY BACKGROUND COMMUNITY PROFILE LEAD AGENCY PLAN DEVELOPMENT PROCESS CONSULTATION WITH OTHER AGENCIES GEOGRAPHIC LOCATION OF PROJECTS SPECIFIC ACTIVITIES MONITORING 2.0 CITIZEN PARTICIPATION PROCESS 3.0 FIVE YEAR STRATEGIC PLAN OVERALL PRIORITIES GEOGRAPHIC LOCATION OF PROJECTS HOUSING STRATEGY PROPOSED ACCOMPLISHMENTS FY 2001 -2005 HOMELESSNESS STRATEGY (CONTINUUM OF CARE) OTHER SPECIAL NEEDS (SUPPORTIVE HOUSING) STRATEGY NON - HOUSING COMMUNITY DEVELOPMENT PLAN PROPOSED ACCOMPLISHMENTS REDUCTION OF BARRIERS TO AFFORDABLE HOUSING REDUCTION OF LEAD -BASED PAINT HAZARDS ANTIPOVERTY STRATEGY PUBLIC HOUSING RESIDENT INITIATIVES FAIR HOUSING SECTION 3 INSTITUTIONAL STRUCTURE SUPPORT OF APPLICATIONS FOR FUNDING BY OTHER ENTITIES Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 1 1 2 6 6 6 6 6 8 V) 11 11 14 14 15 19 23 26 28 29 29 30 31 31 32 32 35 a 88 4.0 ONE YEAR ACTION PLAN 36 APPLICATION 37 RESOURCES (FUNDING SOURCES) 38 IDENTIFIED NEEDS AND ACTIVITIES TO BE UNDERTAKEN 40 WITH FEDERAL RESOURCES ACTIVITIES TO BE UNDERTAKEN 46 HUD PROPOSED PROJECT TABLES 52 GEOGRAPHIC LOCATION 76 5.0 MONITORING 77 6.0 CERTIFICATIONS 78 7.0 APPENDIX 88 ADOPTING RESOLUTION 89 CITIZEN PARTICIPATION PLAN 90 ANTIDISPLACEMENT AND RELOCATION PLAN 91 FAIR HOUSING ORDINANCE 92 COLLIER COUNTY LOCAL HOUSING ASSISTANCE PLAN 93 COLLIER COUNTY HOUSING AUTHORITY PHA PLAN 94 AFFIDAVITS OF PUBLICATIONS FOR PUBLIC HEARINGS 95 8.0 USER GUIDE 96 Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida Im"I'l INTRODUCTION Background and Purpose Title I of the National Affordable Housing Act established the requirement that states and local governments applying for direct assistance under certain U.S. Department of Housing and Urban Development (HUD) programs have a Consolidated Plan and yearly Action Plan approved by HUD. This documentation is required to maintain annual entitlement funding for Collier County from the Community Development Block Grant (CDBG), Home Investment Partnerships (HOME) programs including the new American Dream Downpayment Initiative (ADDI), and the Emergency Shelter Grant (ESG) program. The Consolidated Plan describes the strategic plan of the County that establishes its priorities for assisting low /moderate income households and identifies resources available to meet stated goals and objectives. The Annual Action Plan describes actions the County has taken related to the announced entitlement funds for that year. This document is required by federal law and serves as the application for and acceptance of four entitlement grants from the U.S. Department of Housing and Urban Development (HUD). The Action Plan concludes that addressing Collier County's affordable housing needs is the community's highest priority for Federal, state and local resources. In fiscal year 2004 -2005 Collier County will receive HUD funds under three of the four entitlement programs HUD administers. The County will receive CDBG funds as an entitlement community for the fourth consecutive year and is in year two of receiving funding under the HOME program, which in FY 04 -05 will include the American Dream Downpayment Initiative. The Emergency Shelter Grant program is a new entitlement program for Collier County in fiscal year 2004 -2005. ADDI is a new component of the HOME program representing annual grant funds of $200 million dollars in downpayment assistance for low and moderate - income families across the nation. The ESG program represents over $159 million dollars awarded to more than 300 U.S. jurisdictions. Its objectives are to increase the number and quality of emergency shelters and transitional housing facilities for homeless individuals and families, to operate these facilities and provide essential social services and homelessness prevention activities. Consolidated /Action Plan Period Collier County is required to submit a Consolidated Plan to HUD at least once every five years. The County submitted its first Consolidated Plan in May of 2001. Through its Board of County Commissioners, Collier will submit its next five -year plan in May 2006. The document contained herein is the one -year Action Plan for FY 2004 -2005. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida .8 Bit t. Lead Agency The Collier County Department of Financial Administration and Housing (FAH) is the lead agency responsible for overseeing the development of the Consolidated Plan and Annual Action Plan. Any questions or comments regarding this plan should be directed to the Collier County Department of Financial Administration and Housing, 2800 N. Horseshoe Dr., #400, Naples, FL 34104 (tel. [239] 403 - 2330). Mission Statement The mission of the Collier County Financial Administration and Housing Department's grants and affordable housing programs is to meet the community's needs by facilitating the creation of affordable housing opportunities; the improvement of communities and the sustainability of neighborhoods. These goals and objectives will be met by working collaboratively with non - profit groups, governmental agencies, and public /private coalitions to coordinate activities and effectively leverage the resources available to the entire County. Citizen Participation This document includes a summary of the citizen participation process including inputs, timeline, citizen comments and responses from the Collier County FAH Department (if applicable). Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida -1- 1.0 EXECUTIVE SUMMARY BACKGROUND The Consolidated Plan concept was developed by HUD to incorporate the requirements for four separate entitlement programs: CDBG, the HOME program, the Housing Opportunities for Persons with Aids ( HOPWA) program, and the Emergency Shelter Grant (ESG) program. Collier County does not currently have the required population to qualify for funding under HOPWA guidelines. In 2001, Collier County, along with its participating cities of Naples and Marco Island, became eligible to directly receive federal funds on an annual basis through the Community Development Block Grant (CDBG) program. This program is administered by the U.S. Department of Housing and Urban Development (HUD). The goal of the Community Development Block Grant program is to develop viable urban communities by assisting low /moderate income households through physical development programs to: • Provide decent housing; • provide a suitable living environment; and • expand economic opportunities. In late 2002, officials from the U. S. Department of Housing and Urban Development (HUD) notified Collier County that it had been designated as a HOME Investment Partnerships Program (HOME) participating jurisdiction (PJ). HUD made this proposition based on year 2000 Census Data, which reflected that Collier County is now eligible to participate in this program. Created by the National Affordable Housing Act of 1990 (NAHA), the HOME program will provide funds to Collier County for the following: • Provide decent, affordable housing to low /moderate- income households; • expand the capacity of nonprofit housing providers; • strengthen the ability of state and local governments to provide housing; and • leverage private- sector participation. The HOME program has a newly created and authorized component called the American Dream Downpayment Initiative whose goal it is to increase the overall homeownership rate, especially among minority groups who have traditionally lower rates of homeownership compared to the national average. The American Dream Downpayment Act authorized $200 million in formula grants across the nation and will provide funds to Collier County to: • Increase minority homeownership rates; • revitalize and stabilize communities; • provide downpayment and closing cost assistance. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County. Florida i -2- A In December of 2003, officials from the U.S. Department of Housing and Urban Development (HUD) notified Collier County that it would be receiving funding under a third federal entitlement program, the Emergency Shelter Grant (ESG) program. The total allocation for the ESG program nationwide is over $159 million, which is a six percent increase over FY 2003 funding levels. This increase was due to several factors including the addition of several new entitlement communities such as Collier County. The ESG program is meant to assist States and local governments provide facilities and services to meet the needs of homeless people either through direct assistance or through local nonprofit and faith -based service providers. This program provides funding for five main categories: • Emergency Shelter rehabilitation, renovation or conversion; • essential services to homeless families and individuals; • emergency shelter and transitional housing operational costs; • homeless prevention activities; and • grant administration costs. COMMUNITY PROFILE Collier County was created in 1923 from portions of Lee and Monroe counties. The County is located in the southern gulf coast of the Florida peninsula, west of the Miami -Ft. Lauderdale area. In Collier County, there are three incorporated cities: Naples, Marco Island and Everglades City. Naples, located in the western coastal area of Collier County, is the largest incorporated city. Starting in the late 1980s and throughout the 1990s, the County, which is also known as the Naples Metropolitan Statistical Area (MSA), had one of the highest percentages of growth of any MSA in the country. Everglades City and Marco Island respectively are south and east of the Greater Naples Urban Area. Over a 30 -year period, the county's population has grown from 38,040 in 1970 to 276,691 persons as of July 1, 2002 according to the U.S. Census Bureau. From 1980 until 1990, Collier County's population grew 77 %, while the state grew by 33 %, and the U.S. grew by 10 %. Between 1990 and 2000, Collier County's permanent population increased by 99,278 persons, a 65% increase. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida Population 1990 Census 2002 Census Collier (total) 152,099 276,691 Everglades City 321 479 Marco Island N/A 14,879 Naples 19,505 20,976 Unincorporated 132,273 215,043 Source: U.S. Census Bureau S -3- The County's population is projected to continue its strong growth over the foreseeable future. According to the Bureau of Economic and Business Research (BEER) 2002 Collier's population increased 5.21 percent between April 1, 2000 and April 1, 2001. The County is expected to add almost 150,000 people during the next 15 years, with researchers projecting a Collier County population of 553,348 by 2030. Collier is one of four mid -sized Florida counties expected to increase by 110 percent or more over their 2000 populations. In addition to its permanent population, the County has a huge seasonal influx that swells its population during the warm winter season (November -April) by almost 40 %. The vast majority of this seasonal population is affluent, which visit or maintain vacation homes in the County primarily along its coastal areas. In contrast, the Immokalee area in the northeastern section of the County, with a permanent population of 20,000 receives a seasonal influx of migrant workers who come each year to pick crops. These residents are typically some of the County's poorest. Populations group themselves into households. As of April 1, 2001, Collier County had an estimated 108,158 households, with an average household size of 2.40 persons. Of all the households, 73,914 (69 %) are families, made up of related individuals. By comparison, only 64% of all U.S. households are families. Collier County has a higher median age compared with the statistical aggregate for the State of Florida. In 2000, the County's median age was 44.1 versus 38.7 for Florida. The state is projecting that Collier County's population will continue to age dramatically over the next seventeen years. Median Age in Collier County 1990 Census 40.5 2000 44.1 2010 48.6 2015 50.9 2020 52.8 Source: Bureau of Economic and Business Research (BEBR) 2002 Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida • r w -4- Almost one in four (24.5°/x) of the County's residents are aged 65 and over. Of these, over half (52.4 %) are female. Someone over 55 years old heads half the households in the County. Households by Age — 2000 Under 25 2,888 3% 25-34 12,652 14% 35-44 15,722 17% 45-54 14,303 16% 55-65 14,397 16% Over 65 30,668 34% Source: Claritas, Inc., 2001. The Hispanic population continues to increase in Collier County. This is a trend mirrored in much of South Florida with the Hispanic population representing 26% of the population growth during the 1990's. Race/Ethnicity 1990 Census Total White African - American American Indian /Eskimo /Aleut Asian /Pacific Island Mixed 152,099 100.0% 143,826 94.6% 7,202 4.7% 458 0.3% 613 0.4% Hispanic 20,730 13.6% Source: U.S. Census Bureau, 2001. Black or Alkali America .finned an Iltdintr arld Alaska Nat ve tsi all Nalive Hawaiian and t' 1h ar Pari lic I .5Ia ndes [W) Or IT1010 NICE�.S 5mle (.0101 lace 1.4,11 `,.ff} .11A i I W llllmallic (Y latillo, Ici.a?t)ls 1 IAl..I ow !.Y! ilyfjf I is 11, h1firfIf&I Cyui'ia NxrY ;'v f,.. �rVart s0'.vri!raxjlfl 61tvij %7 r t +tvij:, OfAii"'r'sY?Wk4.tki ) 11 l Yyst:, o! Pt': i"O '{ °!i ly ".l iaC .fr:S. 66..1% 0.3% 0.0% 0.11% Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida -5- Collier County is also a very affluent community reflected by the high number of households (48 %) with median incomes above $50,000 a year. The County's median family income of $63,000 (per HUD FY2004 median family income estimates) is the highest in Florida compared to $51,800 for the state and $54,400 for the U.S. In addition, the Naples MSA (which includes all of Collier County) has the second highest per capita income in the United States at $42,813, which is 157 percent of the national average. First on the list is the San Francisco MSA at $45,199. Households by Income Over $100,000 21% $50- $75,000 31% $25- $50,000 Despite Collier County's median and per capita incomes, the average wage and salary earned by the County's worker is $29,553 (2000), which is below the state average of $30,038 and well below the average of $35,305 for the U.S. This is attributed to the fact that the largest employment sector is the service industry, which is a traditionally low having industry. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida LEAD AGENCY 01 The Financial Administration and Housing (FAH) Department of Collier County was the lead agency in the preparation of this Consolidated Plan/One -Year Action Plan. This department operates and administers the County's Community Development Block Grant (CDBG), Home Investment Partnerships (HOME) and State Housing Initiatives Partnership (SHIP) affordable housing programs. The FAH Department is also the lead agency for the annual Continuum of Care (CoQ application to HUD for the provision of housing and services to the homeless population as well as a new entitlement community for the Emergency Shelter Grant (ESG) program, which also funds activities to benefit the County's homeless population. PLAN DEVELOPMENT PROCESS The One -Year Action Plan was drawn from a number of plans and documents. These include: Collier County's Five -Year Consolidated Plan (FY 2001- 2005), the Housing Element of the County's Growth Management Plan, the Housing Assistance Plan for the State Housing Initiatives Partnership (SHIP) program, the Immokalee Area Master Plan, the County's Continuum of Care process, the 2002 Census of Population and Housing, and the University of Florida's Bureau of Economic and Business Research data. CONSULTATION WITH OTHER AGENCIES The County consulted with its participating municipalities of Naples and Marco Island, Collier County Human Services Department, Collier County Housing Authority and the Collier County Hunger & Homeless Coalition, along with other county departments and various other housing and social service organizations in the development of this plan. GEOGRAPHIC LOCATION OF PROJECTS The County's affordable housing and homeless service activities are conducted on a countywide basis. The County's non - housing community development projects will be performed on a countywide basis in low- income neighborhoods that are located within a cooperating city, or unincorporated areas of the County. SPECIFIC ACTIVITIES There will be approximately $2,785,000 of CDBG funds (FY 2004 -2005 allocation of $2,765,000 and FY 2003 -2004 carry over amount of $20,000) available for community housing and non - housing needs. There will be approximately $787,000 of HOME funds and $93,307 in ADDI funds available for the provision of affordable housing for low - income households. There will be approximately $96,461 of ESG funds available for the provision of facilities and services to meet the needs of homeless individuals and families. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 88,fj Following is the Use of Funds for the fiscal 2004 - 2005- program year: CDBG: Street Improvements — City of Naples $137,000 Storm Drainage Improvements — Marco Island -0- Land Acquisition — Immokalee 798,000 Job Creation — Immokalee 300,000 Senior Center Addition — East Naples 255,000 Public Facilities Improvements - Copeland 397000 Affordable Housing — Rehabilitation 100,000 Mental Health Services Program — Countywide 100,000 Youth and Family services Prevention Program — Countywide 92,000 Youth Employment Program - Immokalee 50,000 Fair Housing — Education and Outreach 3,000 Program Planning and Administration 553,000 TOTAL CDBG $2,785,000 HOME & ADDI: Residential Rehabilitation assistance $270,000 CHDO set -aside 200,000 Tenant Based Rental Assistance 200,000 Downpayment assistance — American Dream Downpayment Initiative 93,307 CHDO Capacity Building 40,000 Program Planning and Administration 78.000 TOTAL HOME & ADDI $880,307 ESG: Emergency Shelter Operating — Immokalee $96,461 TOTAL ESG $96,461 TOTAL FUNDS ALL PROGRAMS $3,761,768 Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 8B. Ut, MONITORING The County will perform on -site monitoring for federal, state and contract compliance of each of its sub recipients at least once per year. Technical assistance will be included with all monitoring activities. The monitoring program includes in -house review of every payment request. Prior to the end of each program year, an in -house review will be conducted to evaluate compliance progress, technical assistance needs, and future fundability. The Financial Administration and Housing Department's systems have been developed for the ongoing management of its programs. These systems are in place to ensure compliance with all comprehensive planning requirements and may include the use of checklists, tracking sheets, annual calendars, monthly reports, program procedures manual and operational checks and balances. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 8B* f -9- 2.0 CITIZEN PARTICIPATION PROCESS The One -Year Action Plan was developed following the County's Citizen Participation Plan adopted on January 9, 2001. This Plan is included in the Appendix. While developing the Consolidated Plan FY 2004 -2005 One -Year Action Plan, a time line was also produced to demonstrate the activities that should occur during the Consolidated Plan process as follows: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HOME INVESTMENT PARTNERSHIPS PROGRAM FY 04 -05 TTMF,T,TNF. Task DATE Citizens Advisory Task Force Meeting - Update Progress & Upcoming Application Cycle September 18, 2003 Revise CDBG application packet (Public Services Onl) Send Public Hearing display advertisement requests to Naples Daily News & Immokalee Bulletin October 8, 2003 October 10, 2003 Press Release - Project update & Upcoming Application Cycle First Public Hearing Notice Advertisements to run (15 days prior to the PH) October 10, 2003 October 16,-2003 Send Notice of Application Availability to the various non - profit organizations & community groups October 16, 2003 First Public Hearin - Immokalee (at 6 p.m. -Community Center) First Public Hearin - Golden Gate (at 6 p.m. -Community Center) November 5, 2003 November 6, 2003 Urban- County Proposals Due from City of Naples and City of Marco Island December 1, 2003 Applications due to FAH December 1, 2003 Staff review of applications to determine eligibility December 2 -4, 2003 CATF Public Hearing Ad to Run (10 days prior to the PH) December 4, 2003 Deliver Application packets to CATF members December 5, 2003 Citizens Advisory Task Force Meeting - Review eligible Public Service applications December 18, 2003 FY 04 -05 draft Action Plan preparation to be completed b staff February 11, 2004 Send availability of draft Action Plan FY 04 -05 advertisement requests (English & Spanish) to Naples Dail News & Immokalee Bulletin February 13, 2004 Distribute draft Action Plan FY 04 -05 to all libraries & Clerk's Office February 17 -18, 2004 Availability of Proposed FY 04 -05 Action Plan and 30 day public comment period Advertisements to run February 19, 2004 30 day Public Comment Period begins February 20, 2004 30 day Public Comment Period ends March 20, 2004 Incorporate public comments into the final Action Plan March 22, 2004 Prepare and submit resolution, executive summary & transmittal for 4- 13 -04 BCC meeting March 29, 2004 Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida BCC of FY 04 -05 Action Plan FY 04 -05 Action Plan due to HUD (at least 45 days prior to start of FY 03 -04 Program Year ends FY 04 -05 Program Year (7/1/04 to 6/3 8B "- 10- April 13, 2004 May 7, 2004 June 30, 2004 July 1, 2004 Citizen input on housing and community development needs for the fiscal year 2004 -2005 CDBG program was sought at two public hearings held in Immokalee (11/5/03) and in Golden Gate (11/6/03). Meeting notices were advertised in both English and Spanish, and a Spanish - speaking staff person attended both public hearings. The meeting notice was published in two newspapers (general circulation- Naples Daily News and a local paper — Immokalee Bulletin). A public solicitation process was utilized to solicit potential CDBG Public Service projects. The notice of draft One -Year Action Plan availability was published for a 30 -day public comment period beginning on February 20, 2004. The advertisements were both in English and Spanish. The notice was published in two newspapers (general circulation- Naples Daily News and a local paper - Immokalee Bulletin). The final Action Plan is available for public review in all county libraries, at the Collier County Public Information desk as well as in the County's Financial Administration and Housing Department. The public comment period was from February 20, 2004 thru March 20, 2004. All written comments received by the public are reviewed by staff and included in the final Action Plan document however; no written public comments were received regarding the FY 04 -05 AP. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida -11- 3.0 Five Year Strategic Plan OVERALL PRIORITIES Collier County is a drastically dichotomous community, with a large number of residents, full -time and seasonal, representing affluence and wealth concentrated in Collier's coastal areas. The County's working -poor residents are mainly concentrated in several non - coastal areas, particularly in the Immokalee community. Adding to this mix is the influx of affluent seasonal tourists, and it is clear that Collier County's economy is primarily based around meeting the consumer needs of the affluent population. The County's workforce, a large portion of which is employed in low- paying retail and service jobs, also represents the widening economic gap between segments of the County's population. With the ever growing demand to meet the consumer needs of the County's affluent majority, the working -poor households have trouble finding affordable housing and employment, especially during the off - season period. Yet, maintaining a high quality workforce has been identified as key criteria for the County's long -term success in the marketplace. Immokalee, with an economy based on citrus, vegetables, and cattle, is the County's agricultural center. During the fall and spring harvest seasons, farm laborers, produce brokers, and buyers migrate to the community, more than doubling its permanent population of approximately 20,000. This migration makes Immokalee one of the most culturally diverse communities in the area. In addition to agriculture, residents provide a source of labor for the coastal hospitality, landscape, and construction industries. Unfortunately, many of these service jobs pay low wages and offer limited or no benefits. As a result, income levels remain low. Because Immokalee is located 34 miles northeast of Naples its very location, coupled with its cultural diversity and migratory population presents additional challenges to its residents in obtaining affordable housing and economic self - sufficiency. Therefore, the County's highest priority will be to support the provision of affordable housing for its low- income (below 50% of MFI) working poor residents. Another way of assisting low- income people toward self - sufficiency is through providing better paying employment. Collier County through its Economic Development Council has as its major goal economic diversification and attracting and retaining industries that will provide these employment opportunities. Collier County has successfully received CDBG grants from the State of Florida's Small Cities program. Supporting economic diversification will be the County's second highest priority. The County and its participating municipalities have identified three areas of low- income households where public facilities and improvements are needed. Public facilities and improvements for low- income people will be the County's third priority. Collier County, unlike most counties in Florida, does not fund any social services for its low- income residents. Unfortunately, only 15% of the County's CDBG funds can be expended for public services. Social services for the County's poverty level residents will be priority four. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 8B k. -12- Overall program goal: The Consolidated Plan Priority Needs Table provides a summary of the County's projected five year housing and community development priority needs. These priorities will enable the County to assist its low- income residents in their efforts to achieve self - sufficiency. While the County has identified certain numerical goals and strategies for its housing and community development accomplishments for the next five years (FY 2001 -2002 to 2005- 2006), a strategy can and should also include operations and priorities. There are certain operational imperatives and priorities that will be used to guide the selection of activities and projects. These include: Activities that can support the provision of affordable housing for low- income households. Public improvements in designated target areas, cooperating municipalities, or other low- income areas. °° Activities that assist lower income persons to achieve self - sufficiency. Services to provide urgent/emergency health and shelter needs to poverty level residents. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 8B i . MMI, - 13 - Because the needs outweigh the resources, the County will always receive requests for funding that exceed its total grant amount. Forced to choose among good projects, the County will utilize the following certain imperatives to establish its Annual Plan. Activities that return funds to the program, such as loan re P a encouraged. yments, will be Activities that request funds for salaries will be given a low priority unless funds from another source will be committed for future salaries. 1�0- Activities will not be funded unless the applicant has developed realistic cost estimates and timelines, is financially stable, and has the capacity to complete the activity. ':e' Program recipients (non - profit organizations, cities, etc.) will be expected to provide matching funds and/or otherwise participate in the cost of their project. Financial participation will be expected of individual recipients, particularly for property improvement programs and homeowner housing programs (excepting certain emergency situations). Organizations requesting funds will be expected to have sought funding from other appropriate sources before applying to the County. Housing development programs and property improvement programs are expected to use quality, long - lasting materials that require a minimum of maintenance or upkeep. Recipient organizations must have acceptable past and/or current performance on County- funded projects. Cost per unit (housing or service units) will be considered in evaluating proposals. Problems and priorities can change from year -to -year. In order to be responsive to the needs of the County's low- income residents, the County will annually review and refine the priorities. Any changes to the priorities will be published in the annual Notice of Funding Availability (NOFA). Recommendations for funding will be made to the Board of County Commissioners by the Financial Administration and Housing Department. Only agencies /organizations that participate in the competitive funding process of the Consolidated Plan will be considered for funding, with programs to begin July 1 of each year. No requests will be funded at any other time during the year except as a result of a Request for Proposals, or for urgent/emergency purposes as determined by the Board of County Commissioners. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida GEOGRAPHIC LOCATION OF PROJECTS o 8B - 1 The County's affordable housing and homeless service activities are conducted on a countywide basis. The County's non - housing community development projects will be performed on a countywide basis in low- income neighborhoods that are located within a cooperating city, or unincorporated areas of the County. HOUSING STRATEGY Rationale for Housing Priorities As the Priority Needs Summary Table shows the County has directed its housing assistance priorities toward helping those households facing the most difficulty in the marketplace. Thus the County assigned its highest priority to helping its renter or owner households that have very low incomes and are paying over 50% of their income for housing and/or live in substandard housing. The County has assigned a low priority to helping those households with incomes between 51 % and 80% of the median that have less housing problems; and a low priority to helping those households with incomes above 80% of the median. An analysis of the County's housing market found that the private sector housing market is not adequately providing new housing, rental or owner - occupied, affordable to households making below 50% of the median family income in 2004. How Market Characteristics Influenced Use of Funds The high cost of housing within the County was the primary influence on the County's proposed use of funds. Obstacles The major obstacle to meeting the entire County's affordable housing needs is a lack of funds, increasing land costs and lack of availability. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 88 d15- Proposed Accomplishments: FY 2001 -2005 The following tables outline the County's proposed accomplishments for the fiscal years 2001 -2002 to 2005 -2006. The percentage of target achieved only reflects totals for completed fiscal years. AFFORDABLE HOUSING Priority Need One: Eligible Owner Households Homeownership Assistance Objective Number: One SHIP/ 2001 CDBG 500 low- income 100/317 31'7 ' Program Name: 2002 households attain 100/386 386% Homeownership Assistance 2003 homeownership 100/ for Low Income Residents 2004 2005 330% 100/ Program Objective: Provide homeownership 20/ 100/ down payment/closing cost y 20/ assistance /impact fee relief Acquire land /install Homeownership Assistance Total Participa 2001 100 very -low 500/703 141% Objective Number: Two tion with 2002 income 20/139 690% Program Name: Homeownership Assistance Habitat 2003 households attain 20/66 330% Very -Low Income Residents for 2004 Humanit 2005 homeownership 20/ Program Objective: y 20/ Acquire land /install infrastructure for affordable housing Total 100/205 205% Housing Rehabilitation Objective Number: Three SHIP/ 12001 Provide repairs to 5/47 940% Program Name: Housing CDBG 2002 25 owner- 1'380% Rehabilitation 2003 occupied units 5/69 Program Objective: Provision 2004 5/ of housing improvement 2005 5/ programs New Rental Housi n Total SHIP 2001 250 new 25/116 464% 50/102 204% Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida Objective Number: Four Program Name: New affordable renter units Program Objective: Utilize local funds to leverage federal /state rental construction programs Existing Rental Housing Objective Number: Five Program Name: Rehabilitation of older rental units Program Objective: Acquisition /rehabilitation of small rental projects Rental Subsidies Objective Number: Six Program Name: Rental Assistance for poverty level households Program Objective: Acquire land /construct new rental units Special Needs Housing Objective Number: One Program Name: Wolfe Apartments Program Objective: Provision of transitional housing for 20 "special needs" residents funds to leverage federal/ state dollars CDBG/ SHIP CDBG/ SHIP CDBG 2002 2003 2004 2005 Total 2001 2002 2003 2004 2005 Total 2001 2002 2003 2004 2005 Total g� -16- subsidized T5O/ apartment units 7 25 rehabilitated affordable rental units 25 affordable rental units 2001 Construction and 2002 supportive 2003 service provision 2004 for a 12 unit 2005 apartment complex for homeless persons with disabilities Total Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 250/102 5/16 5/16 5/ 5/ 5/ 25/32 5/0 5/0 5/ 5/ 5/ 25/0 4/0 4/48 4/ 4/ 4/ 20/48 Oi A p Infrastructure Objective Number: One CDBG/ 2001 Install 1,000 Program Name: Affordable SHIP 2002 linear feet of road 5/58 0°/1 1760/ Housing 2003 5/ Program Objective: Support 2004 5/ provision of affordable housing 2005 5/ through installation of infrastructure and land acquisition — service to 25 households Total Infrastructure Objective Number: One CDBG/ Install 1,000 25/58 5/0 232% Program Name: Affordable SHIP linear feet o f 5/440 0% 440% Housing drainage 5/ Program Objective: Support 5/ Provision of affordable housing 5/ through installation of infrastructure and land ac uisition/25 households Total Infrastructure Objective Number: One CDBG/ SHIP Upgrade lighting 25/22 5/40 88% 800% Program Name: Affordable in 2 neighbor- 5/45 900% Housing hoods 5/ Program Objective: Support 5/ provision of affordable housing 5/ through installation of infrastructure and land acquisition/25 households Infrastructure Objective Number: One Total CDBG/ Install 1000 , 25/85 5/0 340% Program Name: Affordable SHIP linear feet of 5/0 0% 0% Housing sidewalks 5/ Program Objective: Support 5/ provision of affordable housing 5/ through installation of Total infrastructure and land acquisition/25 households 25/0 0% Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 'Economic Development Objective Number: Two Program Name: Economic Diversification Program Objective: Business Recruitment/Retention Public Facilities Objective Number: Three Program Name: Public Facilities and Improvements Program Objective: Pave /upgrade streets, resolve flooding, improve streetlights, provide sidewalks and upgrade water and sewer service Public Services Objective Number: Four Program Name: Social Services Program Objective: Undertake needed social services activities Planning /Administration Objective Number: Five Program Name: General Program Administration Program Objective: Annual Planning and administrative activities of the CDBG program CDBG 2001 partner 2002 ed with 2003 State/ 2004 County 2005 eco- nomic develop- ment in- centives Total CDBG/ 2001 SHIP 2002 2003 2004 2005 CDBG CDBG Total 2001 2002 2003 2004 2005 Total 2001 2002 2003 2004 2005 88 TZI� -18- Cr ltae ee 00 jobs 20/0 paying above 20/0 the County 201 average 20/ 20/ Assist 100 eligible households Assist 200 eligible people Administration Of CDBG program Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 100/0 20/0 20/200 20/ 20/ 20/ 100/200 40/0 40/148 40/ 40/ 40/ 200/148 0° 00/ 0% 0/ 200% 200% 0/ 370% 74% 884 -19- HOMELESSNESS STRATEGY (CONTINUUM OF CARE) Continuum of Care (CoC) is a relatively straight forward management concept: to effectively address the needs of the Homeless, a combination of services, often provided b different agencies, must be brought together in a coordinated manner to help move a family from homelessness to self sufficiency. y When the underlying problem is economic, a more comprehensive governmental response including social services, job training and affordable housing is required to move low - income households from governmental and/or social service organization dependency to self - sufficiency. Moving From Dependency to Self Sufficiency ECONOMIC DEVELOPMENT JOBS + TRAINING + II SELF ACCESS AFFORDABLE SUFFICIENCY HOUSING 1 COUNTY COMMUNITY COLLEGE PUBLIC/PRIVATE L SOCIAL SCHOOL DISTRICT HOUSING PARTNERSHIPS SERVICES Effectively addressing self - sufficiency will require a countywide that brings together in a coordinated effort all of the groups tat traditionally deal with the problems on a separate basis. In furthering that partnership, Collier County was the `Lead Agency' for the annual Continuum of Care grants process beginning with the FY 2003 -2004 application. The Collier County COC was conditionally awarded a total of $595,599 in the 03 -04 competition for a permanent housing project in Immokalee and for the Homeless Management Information System. Both projects are currently in the final stages of submitting their technical submissions to HUD and if approved, should begin receiving funds in June or July of this year. County FAH department staff will continue to be available to provide technical assistance to all Continuum applicants. As part of such a self - sufficiency program, counties are also increasing their economic and business development efforts to provide more jobs for their communities. Affordable housing also helps in these efforts because its availability is now an important criterion in business location decisions. The following provides a conceptual Structuring of a Continuum of Care system. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida X88 A - Continuum of Care System 20- Outreach Intake Assessmei 4_LPermanei Emergenc Transition Housing Shelter Housing i Supporth Housing I I I I I I Mental Health Substance Ab as I Job Training Family Suppo Education H.I.V. — — Independent Living Skills The fundamental components of a continuum of care system: • First, there must be an emergency shelter /assessment effort which provides immediate shelter and can identify an individual's or family's needs. • The second component offers transitional housing and necessary social services. Such services include substance abuse treatment, short-term mental health services, independent living skills, etc. • The third and final component, and one which every homeless individual and family needs, is permanent housing or permanent supportive housing arrangements. While not all homeless individuals and families in a community will need to access all three components, unless all three components are coordinated in a community, none will be successful. A strong homeless prevention strategy is also a key to the successful implementation of the Continuum of Care (CoC). With over fifty Coalition members, the Continuum of Care planning process is now sufficiently institutionalized and COC committee meetings are held monthly to disc progress, development and coordination issues. This augments larger Collier County Hunger and Homeless Coalition CHHC), which tuss CoC plays he ro etof facilitator as well as provides the dissemination point for information to member agencies as well as the community in general. At each monthly membership meeting of the CCHHC, progress updates on the COC process are provided by the CoC Committee. Through these on -going efforts, the Collier County Continuum of Care has now become a recognized and institutional part of the local service delivery model. The CoC has established its own identity and function distinct from that nf Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 1880 the larger CCHHC. Various standing committees have been developed and are active on a year -round basis in the local community, with a goal toward enhancing collaboration of homeless services throughout the county. Homeless awareness activities also continue to be on going, improving public awareness and support for community services. An annual homeless census is a standard procedure providing original and updated data for the County's Consolidated Plan/One -Year Action Plan. There exists a continuing effort to enhance CoC involvement from within as well as outside the membership of the CCHHC. The CoC Committee, through consistent and meaningful representation from government and private sector mainstream services, has resulted in increased coordination of services targeted specifically to homeless individuals and families. More than any other component, local leaders have been stressing these mainstrearn connections to enhance collaboration and utilization targeted to homeless individuals and families. These resources are increasingly seen as a structural element within the Collier County Continuum of Care system. Strategy for Prevention The County's social service agencies will continue to provide short-term aid, supportive services and counseling to families that are in danger of becoming homeless. The implementation of a Homeless Management Information System (HMIs), which is named Information Network for the Community of Collier County (INCMI ) is proceeding on schedule and will meet its goal for full implementation in August of 2004. This system will provide many of the County's social service agencies with more reliable data as well as provide better service statistics to funding sources requiring improved outcome data from the grants they award. Strategy for Outreach The County's nonprofit service providers will continue to provide outreach services to the County's homeless population. The 2004 homeless census will include two get -help clinics, one in Immokalee and one in Naples, to provide outreach services to homeless individuals and families. The past success of these clinics determined the need for them to continue and this year the program will be further assessed to determine the frequency and scale for the future. During the next five years, in conjunction with the County's collective service providers, the County will work to improve its strategy for outreach to families in need of assistance. With the additional entitlement of ESG funds and the County's role as CoC Lead Agency, it will be positioned to more effectively plan its collaborative role in meeting the needs of its homeless population, as well as better leverage mainstream funding sources for this purpose. Collier County's homeless population is relatively invisible to the general public. Most individuals and families live in either emergency or transitional shelter facilities operated by social service agencies, or due to the limited number of these facilities are hidden in small camps dispersed throughout the county. On February 18th and 19th, 2004 the fourth annual homeless census (Point -in -Time Survey) was held for a 24 -hour period. CCHHC members Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 8 8 • -22- and community volunteers, organized by the Coalition counted 685 persons includin homeless men and women, 70 of which were children, at labor pools, in the woods, on the streets, living in vehicles, in hospital emergency rooms and detoxification centers, in jail, in soup kitchens, emergency shelters and in transitional housing programs. This number is in comparison to 608 counted in 2002 and 690 in 2003. Get Help Clinics were conducted in both Naples and Immokalee during this period and 300 hygiene kits were distributed. It is known that some hidden homeless were uncounted and most social service professionals believe the actual number of homeless in Collier County is highly underreported. Further, the homeless census does not count the number of individuals who are at -risk for homelessness. This is a growing number in Collier County as evidenced by the numbers of people accessing services provided by nonprofit and government agencies. The new Homeless Management Information System INCCC is intended to assist in capturing this data so that a formal, statistical reporting system can be established and the information disseminated to all community and governmental stakeholders. Strategy for Shelter, Transitional Housing and Supportive Service Needs The County's nonprofit service providers will continue to provide direct emergency shelter, transitional housing and supportive services to the County's homeless. During the next five years, in conjunction with the County's service providers, the County may provide additional shelter assistance to families in need of assistance. In September of 2003 the County as the Continuum (COC) Lead Agency submitted an application and was successful in obtaining a State of Florida Homeless Assistance Challenge grant for the Coalition's Homeless Management Information System project. In FY 03 -04 the County also allocated a portion of its administrative funds to purchase computer hardware for the HMIS process. The County in its role as CoC Lead Agency will continue to effectively collaborate with local service providers in researching and applying for appropriate homeless program funding opportunities. Strategy for Independent Living The County's nonprofit service providers will continue to provide independent living services to the County's homeless. As CoC Lead Agency, the County will be positioned to more effectively plan its collaborative role in meeting the needs of its homeless population, as well as better leverage mainstream funding sources for this purpose. Rationale for Homeless Priorities Based on the Continuum of Care Gaps Analysis the County believes that the highest priority for providing homeless assistance should first be provided to families, especially those that are the victims of domestic violence. The County has assigned a lower priority to assisting homeless individuals or those homeless with special needs related to mental illness and /or Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida WEa -23- alcohol and/or drug abuse. However, with HUD's newly created focus on ending Chronic Homelessness, this priority may undergo significant changes in the future. Obstacles The major obstacle to meeting the needs of the homeless is the lack of funds complicated by the lack of local support for using general revenue tax dollars to fund homeless programs. Federal programs for the homeless are currently granted on a competitive versus allocated basis that do not necessarily address unique community concerns. Presently Collier County does not fund social services of this type. However, with the addition of Emergency Shelter Grant funds directly from HUD and as CoC Lead Agency, the County will be better positioned to more effectively plan its collaborative role in meeting the needs of its homeless population, as well as better leverage mainstream funding sources for this purpose. Proposed Accomplishments The County will provide services to 20 homeless families over the fiscal years 2001 -2002 to 2005 -2006. OTHER SPECIAL NEEDS (SUPPORTIVE HOUSING) STRATEGY Rationale for Priorities The following analysis examines the housing and supportive needs of elderly and frail elderly households, severely mentally ill households, developmentally and physically disabled households and persons with alcohol or other drug addiction or persons with AIDS and related diseases. The table below compares the number of persons with special housing needs with the number of existing group home or facility beds for those needs and the number of additional beds needed. Statewide prevalence rates, provided by Florida's Development Disabilities Planning Council, were used to determine the potential needs of Collier County. Special Needs Population, Residential Beds and Unmet Needs Statewide County Existing Unmet Special Needs Population Rate Needs Beds Needs Children .00062 139 1,540 none Frail Elderly .00476 1,066 1,167 none Developmentally Disabled .00075 168 10 158 Mentally Ill 00154 345 0 0 Source: Florida Developmental Disabilities Planning Council, 1999. Consolidated Plan One -Year Action Plan FY 2004 -200.5 Collier County, Florida Frail Elderly 8B, +(z While proposed spending cuts may reduce the amount of support, the Florida Department of Children and Families (DCF) currently has enough supplemental assistance dollars to place low- income elderly in Assisted Care Living Facilities (ACLF's). Nine facilities with a capacity of 605 provide nursing care. There are 562 nursing home beds in Collier County. The County has assigned this a low priority. Children in Foster or Special Care The need for additional foster and special care facilities for children is not critical in Collier County. The County has assigned this a low priority. Persons with Physical Disabilities Two facilities, with a capacity of 10 beds, provide care for persons with physical disabilities. The County has assigned this a low priority. Persons with Developmental Disabilities There is a potential need for 158 additional beds in Collier County for persons with developmental disabilities per the 5 -year Consolidated Plan. The County has assigned this a low priority. Mental Health Consumers Rather than house mental health consumers in special facilities, it is more effective to integrate them into the private housing market while providing material, emotional and skill training support through outreach and walk -in clinics. The County has assigned this a low priority. Persons with Alcohol/Other Drug Addiction The primary needs of this group are for 30 -day detoxification housing and long -term medical care. The County has assigned this a low priority. Persons with AIDS Neighboring Lee County has received a Continuum of Care grant to serve as the region's center for AIDS housing. However, local nonprofit organizations serving the AIDS population in Collier are researching funding opportunities to provide a local housing program combined with support services. This population requires improved data collection to determine housing/service needs, especially with regard to the Immokalee area. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 8B Obstacles _25- Insufficient funding as well as a lack of a directed community planning process to address the needs of the County's special populations are identified as obstacles to meeting the needs of this group. Proposed Accomplishments For the reasons stated above, the County has assigned this area a low priority for governmental action and does not intend to undertake activities in this area at this time. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 8 B a NON- HOUSING COMMUNITY DEVELOPMENT PLAN -26- The following information subdivides this strategy into individual CDBG- eligible activity categories. A. Acquisition The County will acquire land for affordable housing and acquire land for necessary public facility improvements, such as parks, storm drainage and roads. B. Disposition The County does not expect to undertake any disposition activities with federal funds. Sub recipients undertaking acquisition/rehab /resale projects may be involved in disposition. C. Public Facilities and Improvements The County will make improvements, such as road paving, storm drainage, public utilities, park and recreation improvements, and community centers. D. Clearance The County may demolish and remove unsafe structures. E. Public Services The County Human Services Department will provide public services for low and moderate - income households. F. Interim Assistance The County does not intend to undertake any interim assistance. G. Payment of Non - Federal Share The County may utilize CDBG to pay opportunities to leverage other funds arise. H. Urban Renewal Completion The County has no urban renewal projects. I. Relocation a non - federal share of another grant if The County has planned no activities that will require relocation. Certain SHIP rehabilitation may however cause a small amount of displacement. J. Loss of Rental Income The County has planned no activities that will result in the loss of rental income. K. Removal of Architectural Barriers Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida The County has planned no activities course of its rehabilitation activities. L. Privately Owned Utilities 88 -27- to remove architectural barriers, except in the The County has planned no activities that involve privately owned facilities. M. Housing The County will support its SHIP and affordable housing programs. N. Rehabilitation and Preservation The County may provide funding for housing rehabilitation and preservation. O. Economic Development The County will continue to provide economic diversification support and job training as part of its antipoverty strategy and in support of the State of Florida's WAGES welfare to work program. P. Special Activities by Sub recipients No special activities are planned at this time; however, the County will be receptive to proposals that further its objectives. Q. Planning and Capacity Building Activities The County will undertake planning and capacity building programs for its' Community Housing Development Organization (s), nonprofit organizations and all sub recipients. R. Administrative Costs The County will administer the program. Rationale for Priorities The analysis of need found that the County should focus its efforts on assisting low- income households in their efforts to achieve self- sufficiency. Obstacles Although the County has insufficient funding to meet all of the identified needs, the County will be developing neighborhood revitalization plans for each potential target area and use those plans to guide its program activities. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida t884 -28- PROPOSED ACCOMPLISHMENTS The following charts display the County's proposed accomplishments. Table below lists the county's non - housing community development proposed accomplishments by CDBG- eligible category. FIVE YEAR NON - HOUSING COMMUNITY DEVELOPMENT STRATEGY SUMMARY BY CDBG ELIGIBLE CATEGORY CATEGORY ACTIVITY BUDGET ESTIMATE A. Acquisition auu �Uqulbluv`i B. Disposition $ 1,000,000 None Planned $ C. Public Facilities and Improvements D. Clearance Low - Income Area Improvements $ 3,000,000 Demolition /Removal of Unsafe Structures $ E. Public Services 50,000 Public Services F. Interim Assistance $ 1,500,000 None Planned $ G. Payment of Non - Federal Share None Planned $ H. Urban Renewal Completion - None Planned $ I. Relocation - None Planned $ J. Loss of Rental Income - None Planned $ K. Removal of Architectural Barriers None Planned $ L. Privately Owned Utilities - None Planned $ M Housing - Affordable Housing support N. Rehabilitation and Preservation $ 1,500,000 Housing Rehabilitation O. Economic Development $ 250,000 Economic Diversification Support P. Special Activities by Subrecipients $ 1,000,000 None Planned $ Q. Planning and Capacity Building Costs R. Program Administrative Costs $ 100,000 $ 2,035,000 FIVE YEAR TOTAL for ALL ACTIVITIES: $ 10,435,000 Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 8 8 " -29- REDUCTION OF BARRIERS TO AFFORDABLE HOUSING In 1993, as part of a state - mandated affordable housing regulatory reduction self - review system, the County reviewed all of its development regulations in detail. The purpose of this review, was to wherever possible, reduce the cost of housing. As part of the 1993 review, the County reduced additional standards and adopted additional incentives to increase housing affordability, based on the recommendations made by the Affordable Housing Advisory Committee. (See the Collier County "Affordable Housing Incentives Plan " report to the state Housing Finance Corporation). The County's Workforce Housing Advisory Committee was a ten - member citizen group appointed by the Board of County Commissioners in November 2001. Through regular meetings they met to analyze and develop programs, policies, and procedures for Collier County to enhance and increase the supply of affordable housing throughout the community. Some specific areas of study the Committee has focused on include: Inclusionary Zoning, Impact Fees, Land Development Code Amendments, Growth Management Plan Amendments, Land Trusts and public funding of a start-up non - profit Community Housing Development Organization (CHDO). The Committee's final recommendations and report were presented to the Board of County Commissioners (BCC) at a Workforce Housing Workshop on April 4, 2003. A copy of this report may be obtained through the Collier County Financial Administration and Housing Department. The Committee officially sunsetted after its presentation to the BCC. As part of the committees' recommendations to the BCC a budget amendment of $98,000 was approved for funding a CHDO in Collier County. The Collier County Housing Development Corporation ( CCHDC) was officially incorporated in the State of Florida as a non - profit corporation in September 2003 and is the first county -wide CHDO in Collier County. The CCHDC has also made application to the IRS for 501 (c)(3) status and will need to go back to the BCC to apply for funding and receive formal designation as a CHDO operating in Collier County. Collier County has also significantly reduced its development processing times and established a one -stop permit center. These included: the waiver and/or deferral of impact fees, density bonuses; and the reduction of parking and setbacks, allowing zero -lot line developments. The County also followed state law and enacted regulations that allow group homes in all its residential zoning districts. The County, through the Housing Element of its Comprehensive Plan, must also ensure the availability of sufficient sites, with supporting infrastructure, for its affordable housing needs. These actions have reduced the regulatory barriers to affordable housing in Collier County. REDUCTION OF LEAD -BASED PAINT HAZARDS The County, through its Board of Health continues to monitor and respond to all suspected cases of lead poisoning. However this continues to be a very minor problem in the County, primarily due to the newness of the County's housing stock. The Collier County Health Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida Department has targeted two (2) zip codes (34102 & 34103) areas for potential childhood lead poisoning cases screening. These two areas contained housing stocks that are pre -1970. A map of a childhood lead poisoning screening map is included in the section 4.0 One -Year Action Plan, Geographical Location. The Collier County Health Department is the leading agency that monitors lead poisoning cases. In 2003, there were 44 reported cases of Lead Poisoning in Collier County (Blood Lead Levels > 10). The Blood Levels (BLLs) were all determined from venous drawn blood_ They ranged from a high of BLL 56 down to BLL 10. None of these cases reported were determined to be a result of housing stocks. The leading cause of Lead Poisoning determined by the County's Health Department investigations was due to recent emigration from lead prone areas. In the majority of reported cases (33 cases), effected people were recent immigrants arrived from lead prone areas. The Housing Authority has tested their units for lead -based paint and the Housing Authority has resident information programs regarding this matter. ANTIPOVERTY STRATEGY Collier County has several initiatives designed to reduce unemployment and increase economic opportunities for its poverty level residents. First, the County has an ongoing Economic Development Program. In 1995, Collier County formed a public /private partnership with its business community to significantly expand the County's economic development activities. The Economic Development Council of Collier County was charged with diversifying the County's economy. The partnership has been highly successful. Between 1995 and 2000, Collier County has added 21,116 new jobs, a 28% increase. This was three times the rate of neighboring Lee County (9 %) the regional center and almost three times the statewide rate (11 %). In addition, the County has made significant efforts to improve economic conditions in its low- income agricultural area of Immokalee. The County completely upgraded the general aviation airport, and had the portion of the airport (60 acres) designated as a Foreign Trade Zone ( #213) and a State Enterprise Zone ( #1101), which offers tax incentives to companies that locate there. The area has been designated as a Rural Federal Enterprise Community by the U.S. Department of Agriculture, which enabled the County to offer federal tax credits to companies that locate there. USDA provides $250,000 a year in seed money over the next ten years (1999- 2010). This grant is being matched by the State Department of Community Affairs and is being administered by the Empowerment Alliance of Southwest Florida. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida A• R -31 -a The County has successfully opened a business incubator in Immokalee, and completed infrastructure and fagade improvements to Main Street Immokalee, which is now part of the Main Street program. Second, as an important component of this economic development effort, the Florida Gulf Coast University funds a Small Business Development Center (SBDC), which teaches potential business people how to successfully start a new company. As a major new initiative, the SBDC has also begun customized job training programs that train local residents (most of whom are unemployed or underemployed) to take specific jobs at new or expanding programs. Third, in conjunction with the state's WAGES, Welfare to Work Program, the County, through Florida Gulf Coast University provides both life skill and customized job training for the County's low- income residents. These courses are designed to help under skilled workers obtain jobs in the private sector. Fourth, the Southwest Florida Workforce Development Boards, Inc. One -Stop Community Career and Service Centers provide a network for comprehensive services and labor market information for employers, workers and job seekers. This organization is a partnership between business, labor, education, community, and government services. The 42- member Board oversees workforce development initiatives in Southwest Florida, which is comprised of Charlotte, Collier, Glades, Hendry, and Lee Counties. In Collier County, the SW FL Workforce Development Boards, Inc. provides one -stop facilities in Naples and Immokalee. Lastly, the FAH department actively seeks Economic Development applications through our CDBG process from for - profit and non - profit organizations alike. Collectively, these efforts represent a realistic County -level antipoverty strategy. PUBLIC HOUSING RESIDENT INITIATIVES The Collier County Housing Authority plans to implement a homeownership program that informs and encourages residents to participate in various affordable housing programs. FAIR HOUSING The County adopted its Fair Housing Ordinance on November 4, 1986, and amended the ordinance on February 4, 1992. The County has also adopted an anti- displacement plan and plans no activities that will require displacement within its FY 2001 -2005 Consolidated Plan. CDBG funds were utilized to prepare an Analysis of Impediments to Fair Housing, which was revised in August of 2002 and approved by HUD's Office of Fair Housing and Equal Opportunity (FHEO) on December 23, 2002. The following are proposed actions to affirmatively further fair housing in the county: • Board of County Commissioners will pass a proclamation declaring April as Fair Housing month. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida -32- • Prepare and advertise Fair Housing Month with ads in both local newspapers in English /Spanish. • Post Fair Housing notices and Fair Housing pamphlets (English/Spanish) to all the County's social service agencies. • Conduct Fair Housing seminars. • Education & Outreach to further fair housing choices. • Set aside CDBG funds to affirmatively further Fair Housing activities. SECTION 3 The following activities will be conducted by Collier County to comply with Section 3: • Develop and implement a process for Section 3 programs for HUD - funded projects. • Increase number of identified section 3 businesses. • Coordinate section 3 program • Education and outreach to promote section 3 programs. • County will continue to promote participation by businesses owned by minorities, women and disabled persons. INSTITUTIONAL STRUCTURE Collier County will utilize a number of nonprofit housing and social service provider partners through a yearly request for proposal process to carry out its various housing and community development activities. The County will carry out its community development program directly and in conjunction with its local cities. Strengths /Gaps Assessment There are no real gaps in the County's institutional structure. The County's use of independent nonprofit housing and homeless service providers offer the opportunity to effectively utilize its existing agencies and develop new organizations. Organizational Relationships with Public Housing Authority Due to the growing population of Collier County and the limited number of Section 8 vouchers available, the County will continue to work with the Collier County Housing Authority to expand the availability of poverty level rental housing. To meet this objective, the County will designate a portion of its proposed allocation of HOME funds for a Tenant Based Rental Assistance (TBRA) program with the Collier County Housing Authority (CCHA). These funds will be administered by the CCHA and will follow the same tenant qualification guidelines as the Section 8 voucher program. TBRA funds may be used for monthly rental subsidies, utility deposits and security deposits and a local preference will be given to families and/or individuals who are homeless or at risk of homelessness. As a partner, the Collier County Housing Authority will be responsible for the administration of this program including the inspection of rental properties for certification Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida �88I sj - 33 - of suitability and the income qualification of tenants. This program will be administered countywide. Overcoming Gaps The Financial Administration & Housing Department, and its network of CDBG/housing sub recipients, is effectively organized to utilize the funding it receives through various state /federal programs. The County has also actively sought discretionary grants from both state and federal agencies. The only major gap in this service provision is in the area of rental housing for extremely low- income households. The provision for this type of housing has traditionally been a federal /state responsibility through HUD and various federal/state programs. The reauthorization of the federal tax credit program for low- income rental construction now means that the private sector once again has the incentive to construct new rental housing. The tax credit, combined with the State Apartment Incentive Loan (SAIL) Program, which provides a developer with an additional state subsidy for low- income apartment construction, has made this type of construction economically viable. In addition, the state significantly increased its SAIL funding, which doubled in FY 1995/96 when the state's second half -cent documentary stamp tax for housing began. Unfortunately, these two programs typically do not reach the extremely low- income (below 30% MFI) renter households who are having the greatest problem. (Note: The Florida Housing Finance Corporation has just developed a special rental program that can assist households as low as to 25% of MFI.) The County intends to develop a plan to increase the supply of subsidized rental housing. In relation to homelessness, Collier County's nonprofit institutional structures currently provide the County with a response mechanism to its homeless population. As the Continuum of Care strategy continues to develop in the County and additional stakeholders participate in the process, the County anticipates its response to homelessness will expand proportionate to the needs of this population and the CoC strategies identified to address those needs. Organizational Cooperation Strategy The Department of Financial Administration and Housing will continue to be the primary entity responsible for coordinating and implementing these programs. In some cases, funds will be passed through to nonprofit and for profit housing providers and certain municipalities /government agencies through interlocal agreements or subrecipient agreements. Collier County does not have a local housing finance authority. It is served by the Florida Housing Finance Corporation jurisdiction. The authority uses tax - exempt bond financing to assist low and moderate - income homebuyers and rental developers. This tax - exempt status generally results in a lower rate of interest than what is available conventionally. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 88 -3 _ Collier County has identified the following entities that will deliver and manage specific housing assistance and community development programs: Home Investment Partnerships (HOME) Program activities will be coordinated and managed through the Financial Administration and Housing Department and/or passed through to subrecipients. A Request for Proposal (RFP) process may be used. Community Development Block Grant (CDBG) Program activities will be coordinated and managed through the Financial Administration and Housing Department and /or passed through to subrecipients using an RFP process. Emergency Shelter Grants (ESG) Program activities will be coordinated and managed through the Financial Administration and Housing Department and/or passed through to subrecipients using an RFP process. Shelter Plus Care - Collier County will support existing and future applications for funds from this source by a nonprofit agency that will manage, implement and deliver all services. The County will be the Lead Agency for this application and provide technical assistance as needed. Safe Havens - Collier County will encourage applications from nonprofits that will manage, implement and deliver services. The County will be the Lead Agency for this application and provide technical assistance as needed. Rural Homeless Housing - Collier County will encourage applications from nonprofits that will manage, implement and deliver services. The County will provide technical assistance as needed. Section 8 Rental Vouchers and Certificates Program - The Collier County Housing Authority administers these programs in Collier County. The Department of Housing and Urban Development (HUD) monitors all such programs. Farmers Home Administration Guaranteed Loan Program - Collier County will support any nonprofit making application for this program. Farmers Home Administration Single- Family Program - Loans are available to eligible individuals through this entity. Collier County's role is one of referral and support. Transitional Housing Grant - The County will encourage applications from nonprofits that will manage, implement and deliver services. The County will be the Lead Agency for this application and provide technical assistance as needed. Community Services Block Grant — The Immokalee Multicultural Multipurpose Community Action Agency (IMMCAA) received the County's very first Community Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 18B >- 0 -35- Services Block Grant. The County will support IMMCAA's efforts in administering these funds. Permanent Housing for the Handicapped - Collier County will encourage applications from nonprofits that will manage, implement and deliver services. The County will provide technical assistance as needed. Other Federal Discretionary Funding - (SAFAH, Permanent Housing for the Homeless Handicapped, Supportive Housing for Persons with Disabilities, etc.) The County plans to monitor developments affecting the regulations and funding of these programs and submit or encourage applications where appropriate. Other State Programs: (Elderly Homeowner Rehabilitation Program, Florida Homesteading Program, Florida Fix Program, Housing Predevelopment Loan Program, State Apartment Incentive Loan Program, Low - Income Energy Assistance Program, Low - Income Emergency Repair Program, etc.). The County plans to monitor developments affecting the regulations and funding of these programs and submit or encourage applications where appropriate. SUPPORT OF APPLICATIONS FOR FUNDING BY OTHER ENTITIES Collier County will support the application of other entities for funding under competitive grant programs wherever possible and as appropriate. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 4.0 ONE YEAR ACTION PLAN 8B , # A -36- This One Year Action Plan provides details on the specific activities the County will undertake during the fiscal year 2004 -2005 to implement its Five Year Strategic Plan. Consolidated Plan One -fear Action Plan FY 2004 -2005 Collier County, Florida 1,88 •* APPLICATION -37 Federal Standard Form Number 424 is the basic form that the County utilizes to apply for fede funding. THIS PAGE INTENTIONALLY LEFT BLANK Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida • I RESOURCES (FUNDING SOURCES) - 38- The following resources are anticipated to be available in FY 2004 -2005 to undertake th activities. Federal Community Development Block Grant (CDBG) FY 2004 -2005 $2,765,000 CDBG Carry over funds from FY 2003 -2004 20,000 Total Available CDBG Funds 2,785,000 Housing Investment Partnerships (HOME) FY 2004 -2005 787,000 American Dream Downpayment Initiative (ADDI) [FY (03) & FY (04)] 93,307 Total Available HOME Funds 880,307 Emergency Shelter Grant (ESG) FY 2004 -2005 96 461 Total Available CDBG, HOME, ADDI and ESG Funds Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida $3,761,768 Funding Sources Entitlement Grant (includes reallocated funds) CDBG $2,765,000 ESG $ 96,461 HOME $ 880,307 HOPWA $ _0_ Total 88 - 39- $3,741,768 Prior Year's Program Income NOT previously programmed or reported CDBG $ ESG $ HOME $ HOPWA $ _0_ Total $0 Reprogrammed Prior Year's Funds CDBG ESG HOME HOPWA Total Total Estimated Program Income Section 108 Loan Guarantee Fund TOTAL FUNDING SOURCES Other Funds Submitted Proposed Projects Totals Un- Submitted Proposed Projects Totals Other Funds Submitted Proposed Projects Totals Un- Submitted Proposed Projects Totals $ 20,000 $ -0- $ -0- $ -0- $ 20,000 $0 $0 $0 $3,761,768 $0 $0 $3,761,768 $0 Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida t88 +� IDENTIFIED NEEDS AND ACTIVITIES TO BE UNDERTAKEN WITH FEDERAL RESOURCES The Following tables identify the needs for: Special Needs/Non- homeless Housing Nee Continuum of Care Gaps Analysis — Individuals; Continuum of Care Gaps Analysis — Persons Families with Children; and Community Needs. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida Sub - Populations Elderly Frail Elderly Severe Mental Illness Developmentally Disabled Physically Disabled Persons w/ Alcohol/Other Persons w/ HIV /AIDS Other Total Special Needs of Non - Homeless Addiction Priority Need Low Low Low Low Low Low Low tae, TJ Estimated Dollars to Address $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $3,500,000 Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida -41 1880 is -42- Priority Needs Summary Table Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida INDIVIDUALS Homeless and Special Needs Population -43 rr i]Mc" NL5 JUN V AIVULMS WITH CHILDREN Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 0 88 a - 44- COMMUNITY DEVELOPMENT NEEDS PRIORITY COMMUNITY Need Estimated Estimated Dollars DEVELOPMENT NEEDS Level Priority Low 5 Removal of Architectural Barriers 10) Low to Address Privately Owned Utilities (11) Loµ, Units PUBLIC SERVICE NEEDS PUBLIC FACILITY NEEDS Overall High Overall Public Facilities & Improvements (General (03)) Hi h Hi h 22 $5,750,000 Handicapped Centers (03B) Low 10 0 $2,500,000 Neighborhood Facilities (03E) h 5 $0 Parks and/or Recreation Facilities (03F) Hi h 5 $4500,000 —Parking Facilities 03G) Low 0 $250,000 Solid Waste Dis osal Improvements (03H) Low 0 $0 Fire Stations/E ui ment (030) Med p $0 Health Facilities (03P) Med 2 $0 Asbestos Removal (03R) Low 0 $500,000 Clean-up of Contaminated Sites 04A Loµ, 0 $0 Interim Assistance (06) Low $0 Non - Residential Historic Preservation (16B) Loµ, 0 $0 INFRASTRUCTURE $0 Overall Flood Drain Improvements (01n Hi h — , 72,510 - __ $13100,000 , Street Improvements (03K) h Hi h 10,( Sidewalks (03L) Med 50,( 10,( Tree Planting (03N) Low 5 Removal of Architectural Barriers 10) Low Privately Owned Utilities (11) Loµ, 5 0 PUBLIC SERVICE NEEDS 4 Overall High 11.5 Handicapped Services (05B) L Low 0 0 ' $ $500,OOC Mental Health Services (050) $1.000.000 Low 0 Screening for Lead -Based Paint/Lead Hazard 05P) Low p $0 ANTI -CRIME PROGRAMS $0 Overall Low 1 Crime Awareness (051) Low $10,000 YOUTH PROGRAMS 1 $10,000 Overall Med 10,509 $12,000,000 Youth Centers (03D) Med 2 Child Care Centers (03M) Med $1,000,000 Abused and Neglected Children Facilities (03Q) Med 5 $2,500,000 Youth Services (05D) 2 Med $1,000,000 5,000 Child Care Services (OSL) Med 5,ppp $2,000,000 Abused and Neglected Children (05N) Med $5,x,000 SENIOR PROGRAMS S00 $500,000 Overall Low 0 Senior Centers (03A) Low $0 Senior Services (05A) 0 $0 Low 0 $0 ECONOMIC DEVELOPMENT Overall Hi h 13 Rehab; Publicly or Privately -Owned Commercial/Industrial $13,500,000 ;14E) Hi h 1 $100,000 Consolidated Plan One -Year Action Plan FY 2004 -2 005 Collier County, Florida 88 CI Land Acquisition/Disposition (17A) Low, CI Infrastructure Develo ment (17B) 0 Hi h 1 C1 Building Acquisition, Construction 17C Hi h 3 Other Commercial/industrial Improvements (17D) Hi h ED Direct Financial Assistance For - Profit (18A) 2 I-li h ED Technical Assistance (18B) 2 Hi h Micro-Enterprise Assistance (18C) 2 Hi h 2 PLANNING & ADMINISTRATION Overall High 0 TOTAL ESTIMATED DOLLARS NEEDED Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida $1 $11 $47,800,000 -45- t88& >r ACTIVITIES TO BE UNDERTAKEN Following is the Use of Funds for the fiscal 2004- 2005- program year: CDBG: Street Improvements — City of Naples $137,000 Storm Drainage Improvements — Marco Island 270,000 Land Acquisition - Immokalee 798,000 Job Creation — Immokalee 300,000 Senior Center Addition — East Naples 255,000 Public Facilities Improvements - Copeland 397,000 Affordable Housing — Rehabilitation 100,000 Mental Health Services Program — Countywide 100,000 Youth and Family Services Prevention Program — Countywide 92,000 Youth Employment Program - Immokalee 50,000 Fair Housing — Education and Outreach Program Planning and Administration 3,000 553,000 TOTAL CDBG $2,785,000 HOME & ADDI: CHDO set -aside $200,000 Residential Rehabilitation assistance 270,000 Tenant Based Rental Assistance Downpayment assistance — American Dream Downpayment Initiative 200,000 93,307 CHDO Capacity Building Program Planning and Administration 39,000 78,000 TOTAL HOME & ADDI 109,307 ESG: Emergency Shelter Operating — Immokalee $96,461 TOTAL ESG $96.461 TOTAL FUNDS ALL PROGRAMS 3 761 768 Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida -46 Imo; - 47- The following narratives and tables demonstrate the activities that will be undertaken during d fiscal year 2004 -2005 by the County to address priority needs in terms of local priorities identif in the five -year strategy. For each activity, the listing provides details on the type of project, funding level, the location, as well as on the number and type of income households or people it designed to assist and a target date for completion of the activity. Project Descriptions Affordable Housing Programs CDBG, HOME and SHIP resources provide Collier County with the means to assist residents with the purchase of housing, or the rehabilitation of substandard housing for residents with incomes of 80% or less than the median income for Collier County ($63,000 being median income for all household sizes). The Financial Administration and Housing Department uses SHIP and HOME funds to match applicable federal dollars for its general housing rehabilitation program and homeownership programs. All of Collier County's affordable housing programs are based on a first -come, first - served basis, with preference given to residents of the target areas, elderly and disabled residents and emergency /life - threatening conditions. All affordable housing programs conform to specific CDBG, HOME and SHIP regulations. CDBG funds are also spent on infrastructure support (water & sewer line installation, sidewalks, entry roads & site preparations) for affordable housing developments. Land Acquisition CDBG funds will be used by the County as leverage to assist in the development of affordable housing through nonprofit Community Based Development Organizations (CBDO). This use of CDBG funds meets the number one priority of the County 5 -Year Consolidated Plan to support the provision of affordable housing for its low- income (below 50% of MFI) working poor residents. CDBG funds will be used by the County to purchase land in Immokalee and work with non - profit affordable housing developers to rehabilitate and construct affordable housing projects. Housing Rehabilitation Assistance HOME and SHIP funds will be used to maintain affordable housing by assisting approximately 13 low- income homeowners with the rehabilitation of their primary residence. The maximum HOME assistance for rehabilitation is $15,000 per residence. Assistance of this program is secured by a ten -year, amortizing, forgivable deferred mortgage. As long as the original owner continues to occupy the rehabilitated units for the full term of the forgivable deferred mortgage, no interest shall accrue and no monthly payments are required. If sale, refinancing or transfer of title occurs during the mortgage period, the amortized amount of assistance is due without interest. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida t. • 1 Down Payment Assistance -48- ADDI and SHIP funds will be used to maintain affordable housing by assisting approximately 91, and moderate - income first -time homebuyer families with downpayment/closing cost assistance. 'I maximum ADDI assistance is a grant of $10,000, or six percent of the purchase price of the hon whichever is greater. The maximum price of a new home cannot exceed $150,000. Assistance this program is secured by a 5 -year, amortizing, and forgivable deferred mortgage. Neither inter nor payments are made as long as the property is homesteaded and used as the original purchase] primary residence. If a sale, refinancing, or transfer of title occurs; or the property is not used as t: homebuyer's permanent residence during the County's five -year mortgage term, the rnortga; becomes immediately due and payable. Tenant Based Rental Assistance (TBRA) HOME funds will be used to partner with the Collier County Housing Authority (CHA) to provic TBRA to assist tenants with the costs associated with their housing. This assistance will provic funds to make up the difference between 30% of the amount of income a qualified household ca afford to pay for housing and local rent standards. TBRA can also be used to assist tenants fc housing costs such as security and utility deposits. The program will follow all Section 8 guideline,, TBRA will better help the County meet the fluctuating demand for housing. Community Housing Development Organization (CHDO) HOME funds will be used to support the affordable housing activities of CMO's serving Collie County. The County, as a participating jurisdiction (PJ) must invest (set aside) at least 15 percen (15%) of its total HOME allocation to projects that are owned, developed or sponsored b� Community Housing Development Organizations (CHDO's), and which result in the developmen of homeownership or rental units. Additionally, the County may allocate up to five percent (5 %) o] its total allocation as CHDO operating funds, and may provide these funds to CHDO's to help them pay their operating costs and build their capacity to develop successful affordable housing projects and programs. Economic Diversification Another way of assisting low- income people toward self - sufficiency is through providing better paying employment. Supporting economic diversification is the County's second highest priority. Economic Development — Job Creation CDBG funds will be used to create 10 new FTE's at the Immokalee Airport in its Florida Tradeport facility as part of an economic incentive package to attract manufacturing jobs to the Immokalee area. This project would eventually create 1,000 new jobs. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida EM ME Public Facilities Improvements for Low - Income Areas The County supports the development and implementation of public facilities and improvements for low- income households in identified areas. Addition of Senior Citizen Activity Center - Year II CDBG funds will be used by the Collier County Department of Parks and Recreation in conjuncts, with the Collier County Department of Human Services for a permanent home for the Seni Connections program at East Naples Community Park. The proposed activity is the design aj construction of a 2,400 - square -foot wing addition to the existing Community Center facili resulting in a permanent Senior Center. This expanded facility will enable Senior Connections SW FL, a nonprofit corporation, to double the number of seniors currently served through its on -si lunch program. This expanded facility will allow Senior Connections to expand its current servic( to the low- income elderly residents from the surrounding neighborhoods, as well as introduce ne programs such as transportation allowing the recruitment of additional participants in the progran This is the second year of funding of a three -year project. Copeland Copeland/Lee Cypress is located just west of CR29 and about 1/z way between I -75 and US41, surrounded on three sides by the Fakahatchee Strand Preserve. Originally developed as housing to support the timber industry in the early 1900's, the community has remained relatively stable. Through the use of a HUD approved Income Survey instrument, the community of Copeland/Lee Cypress has been determined to be a low- income area, therefore qualifying it for the expenditure of CDBG dollars. Through the recent Income Survey process, seventy -four (74) out of seventy -six (76) households were surveyed. Seventy households (70) were below low and moderate income and four (4) households were above low and moderate - income levels. Over the next several months, FAH staff plans to develop and implement a housing survey to determine the current state of conditions of the housing stock, properties, open space and sanitation of Copeland. The following projects will be carried out in Copeland: Water Line Repair/Burial CDBG funds will be used to assist sixteen (16) families through the installation of water pipe to substantially improve their water connection. The community currently receives its water service from the Copeland Water Co -Op, a privately owned utility cooperative. Per the HUD Code of Federal Regulations at CFR 5 570.201 (1) CDBG funds may be used to acquire, construct, reconstruct, rehabilitate, or install the distribution lines and facilities of privately owned utilities, including the placing underground of new or existing distribution facilities and lines. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida m 88, t� Street lighting Enhancement Project — Phase II - 50 - CDBG funds will be used to purchase, install and maintain streetlights. The overall project invol the installation of streetlights in Copeland /Lee Cypress for resident welfare and safety reason', well as to reduce criminal activity and pedestrian, bicycling and vehicular accidents along poorl3 streets and intersections. Phase II will provide installation of approximately 15 lights in northern section of the community and funds to operate them for a period of seven (7) years. Al that time, the Copeland Civic Association will assume responsibility for the cost of operating streetlights. Land Acquisition CDBG funds will be used by the County to purchase land that will be used in the development o: facility to benefit the community, the exact purpose of which will be determined by the residents. Demolition and Clearance CDBG funds will be used to demolish and remove unsafe structures in the Copeland/Lee Cypre community. Clearance, demolition, and removal of unsafe structures will assist the over community in its efforts to improve and rehabilitate existing housing stock as well as encourage d development of new housing. Public Services Unlike most Counties in Florida, Collier County does not contribute any funds to social services beyond what is mandated. CDBG funds, while limited to 15 %, are necessary to provide social services to low- income residents. Mental Health Services Program CDBG funds will be used by the David Lawrence Center to fund the Psychiatric Outpatient Routin( and Urgent Services program. This program will provide psychiatric care, nursing and licensec clinician staff and medications for 125 additional patients in the Urgent Care program and 1 F additional patients per week will receive patient assistance or indigent drug coverage. Youth and Family Services Prevention Program CDBG funds will be used by Youth Haven to fund the Natural Helper Program, which assists diverse at -risk children, prenatal to three years, and their families, to prevent child abuse, abandonment and neglect. This program will assist 600 participants and 150 families. Immokalee Youth Services Program CDBG funds will be used by The Empowerment Alliance of Southwest Florida to coordinate and manage a youth employment program in Immokalee. The program will serve 25 -30 teenagers between the ages of 15 and 19. The youth will work in non - profit organizations and government agencies such as Parks and Recreation. They will also attend weekly training sessions on employability and life skills covering items such as interviewing, customer service, handling a paycheck and opening a bank account. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 8 8 Participating Jurisdictions -51 In 2003, Collier County entered into participating parties' agreement with the cities of Naples and Marco Island to qualify for an entitlement status to receive the CDBG funding directly from HUD. City of Naples CDBG funds along with the City's funds will be used to fund two public improvement projects in the Carver -River Park neighborhood, which is a low- income, minority neighborhood. These activities include alley, streetlight and landscaping improvements. City of Marco Island CDBG funds along with the City's funds will be used for reconstruction and expansion of an existing deficient storm water drainage facility in the low- income area. • The City of Marco Island is entitled to receive an annual allocation of $89,000. They notified the County on March 12, 2004 that they were electing to defer their allocation to FY 2005- 2006 in order to combine their entitlement with the city's funds for reconstruction and expansion of an existing deficient storm water drainage facility in a low- income area. This project will require reserving $178,000 of FY 05 -06 funding for Marco Island for the above project. ESG The objectives of the Emergency Shelter Grants program are tc increase the number and quality of emergency shelters and transitional housing facilities for homeless individuals and families, to operate these facilities and provide essential social services, and to help prevent homelessness. Emergency Shelter Operations — Immokalee ESG funds will be used to provide funds for emergency shelter operations for homeless individuals and families in Immokalee. Fair Housing Collier County has successfully completed its Analysis of Impediments and has made an effort to participate in activities that affirmatively further fair housing. CDBG funds will be used to provide information and educate the public about their rights under Fair Housing regulations. The County will sponsor as well as participate in Fair Housing seminars as well as continue to develop its Fair Housing Initiatives Program. E)Q LWA L Ro LtS1t j, O W'"lP JD IR °T 0 tai 1'T V THE FAIR HOUSING ACT PROHIBITS DISCRIMINATION BASED ON RACE, SEX, NATIONAL ORIGIN, COLOR, RELIGION, HANDICAP AND FAMILIAL STATUS. 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Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida T46S T47S T48S T49S d88 °- T 50 S T 51 S T 52 S T 53 S uNrw auvmov6 uNnoo 3oVo W W N Z W �o m CL - LO o °V W N N O CL ` O v o O W 11W N v aow �WU s W > d� _ } uNn0o AaoN3 }y. LU C i z m �� 7Lp P P' W W z a� {{....W Z WR W.p ¢ WW ma CC " => 5' � W 07 N °z O CL = \ w\ ��yy az -'a5 ®Z o \ 9i I W j p7�W g � o N Y ti �a sc � W uNnoo 337 W r 618 Q W f0 O �p V e�p W L N O W - �� tL o V d88 °- T 50 S T 51 S T 52 S T 53 S uNrw auvmov6 uNnoo 3oVo N I.- t!3 a£ ro < IU +a ae t y az _as 6z -'as MP ® Ut3� 2 F 3U aLLw d 'Too (�� m� QV c� m �a zo 3: 0 5 L lu Uj Q IL X µ, � 496 'a'a J' rc i O � o me -S o sc -i s bi oa odaiv � � � oOp ai Zvu �bo L % ¢ IL=1 A0 t3 Gulf a d- of o a Mexico rrx J p mE3 ; m a o R� ¢A�j 6 O. O v _ } }y. 7Lp P P' W W z m W m mo U, - -i U ra x im 9a.' ate =U a a i w 0 'a i C7a C �C O 0 C �C O b O � "=Q V b Is u �.9ut-cn � z a .pd Q+ M M M M M H N C7a C �C O 0 C �C O b O � "=Q V b 8B 17 5.0 MONITORING The County will perform on -site monitoring for federal, state and contract compliance of each of its sub recipients at least once each year. Technical assistance will be included with the monitoring. The monitoring program includes in -house review of every payment request. Prior to the end of each program year, an in -house review will be conducted to evaluate compliance progress, technical assistance needs, and future fundability. The Financial Administration and Housing Department's systems have been developed for the ongoing management of its' programs. These systems are in place to ensure compliance with all comprehensive planning requirements and may include the use of checklists, tracking sheets, annual calendars, monthly reports, program procedures manual and operational checks and balances. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 1 6.0 CERTIFICATIONS The Following certifications are included as required by the Title 24 Housing and Urban Development/24 CFR 91.225. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 18B „ Certifications In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti - displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug -free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug -free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug -free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida i� to every grant officer or other designee on whose grant activity the convicted employee v working, unless the Federal agency has designated a central point for the receipt of SL notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice unc subparagraph 4(b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including terminatic consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance rehabilitation program approved for such purposes by a Federal, State, or local health, la enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug -free workplace throug implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti - Lobbying -- To the best of the jurisdiction's knowledge and belief. 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to an person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, an officer or employee of Congress, or an employee of a Member o: Congress in connection with the awarding of any Federal contract, the making of an3 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 a 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, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti - lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida ft -81- Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, an( implementing regulations at 24 CFR Part 135. Donna Fiala, Chairman Collier County Board of County Commissioners Collier County, Florida Date Approved as to form & legal sufficiency Patrick G. White, Assistant County Attorney Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida Specific CDBG Certifications The Entitlement Community certifies that: It Citizen Participation -- It is in full compliance and following a detailed citizen participation plat that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plar identifies community development and housing needs and specifies both short-term and long -term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2001, 2002, and 2003 (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida r - 83 - financed from other revenue sources. In this case, an assessment or charge may be ma against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied 1 moderate- income (not low- income) families, an assessment or charge may be made again the property for public improvements financed by a source other than CDBG funds if ti jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within it jurisdiction against any individuals engaged in non - violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance t( or exit from a facility or location which is the subject of such non - violent civil right: demonstrations within its jurisdiction; Compliance With Anti - discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601 - 3619), and implementing regulations. Lead -Based Paint -- Its notification, inspection, testing and abatement procedures concerning lead - based paint will comply with the requirements of 24 CFR §570.608; Compliance with Laws -- It will comply with applicable laws. Donna Fiala, Chairman Collier County Board of County Commissioners Collier County, Florida Date Approved as to form & legal sufficiency Patrick G. White, Assistant County Attorney Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 880 Specific HOME Certifications 84 The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance —If the participating jurisdiction intends to provide tenant -based rental assistance: The use of HOME funds for tenant -based rental assistance is an essential element of the Participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs — it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92,205 dough 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in 24 CFR § 92.214. Appropriate Financial Assistance — before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing. Donna Fiala, Chairman Collier County Board of County Commissioners Collier County, Florida Date Approved as to form & legal sufficiency Patrick G. White, Assistant County Attorney Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida Specific ESG Certifications The Emergency Shelter Grantee certifies that: Major Rehabilitation/Conversion — It will maintain any building for which assistance is used under the ESG program as a shelter for homeless individuals and families for at least 10 years. If the jurisdiction plans to use funds for purposes less than tenant -based rental assistance, the applicant will maintain any building for which assistance is used under the ESG program as a shelter for homeless individuals and families for at least 3 years. Essential Services — It will provide services or shelter to homeless individuals and families for the period during which the ESG assistance is provided, without regard to a particular site or structure as long as the same general population is served. Renovation — Any renovation carried out with ESG assistance shall be sufficient to ensure that the building involved is safe and sanitary. Supportive Services — It will assist homeless individuals in obtaining appropriate supportive services, including permanent housing, medical and mental health treatment, counseling, supervision, and other services essential for achieving independent living, and other Federal State, local, and private assistance. Matching Funds — It will obtain matching amounts required under CFR §576.71 of this title. Confidentiality — It will develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the ESG program, including protection against the release of the address or location of any family violence shelter project except with the written authorization of the person responsible for the operation of that shelter. Homeless Persons Involvement — To the maximum extent practicable, it will involve, through employment, volunteer services, or otherwise, homeless individuals and families in constructing, renovating, maintaining, operating facilities, and providing services assisted through this program. Donna Fiala, Chairman Collier County Board of County Commissioners Collier County, Florida Date Approved as to form & legal sufficiency Patrick G. White, Assistant County Attorney Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida APPENDIX TO CERTIFICATIONS 188 0 IV Q -86- INSTRUCTIONS CONCERNING LOBBYING AND DRUG -FREE WORKPLACE REQUIREMENTS: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug -Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug -free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida Place 1&0 of Performance (Street address, city, county, state, zip code): Collier County Board of Commissioners Administration Building 3301 East Tamiami Trail Naples, FL 34112 -and- Collier County Financial Administration and Housing Department 2800 North Horseshoe Drive, Suite 400 Naples, FL 34104 Check _ if there are workplaces on file that are not identified here. of The certification with regard to the drug -free workplace is required by 24 CFR part 24, subpart F. 7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule an Drug -Free Workplace common rule apply to this certification. Grantees' attention is called, i particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controller 1308.15); Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 througl "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non - Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Donna Fiala, Chairman Approved as to form & legal sufficiency Collier County Board of County Commissioners Collier County, Florida Date Patrick G. White, Assistant County Attorney Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida 7.0 APPENDIX f'. 8 B „ gg Consolidated Plan One -Year Action Plan FY 2002 -2003 Collier County, Florida ADOPTING RESOLUTION This page intentionally left blank Consolidated Plan One -Year Action Plan FY2003 -2004 Collier County, Florida r a RESOLUTION NO. 2004 - .2 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE FISCAL YEAR 2004 -2005 COLLIER COUNTY CONSOLIDATED PLAN ONE -YEAR ACTION PLAN, FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME) AND EMERGENCY SHELTER GRANT (ESG) PROGRAMS, AUTHORIZING NECESSARY CERTIFICATIONS, APPROVING EXECUTION OF CDBG SUB - RECIPIENT AGREEMENTS BY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES (CDES) DIVISION ADMINISTRATOR, AUTHORIZING SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Department of Housing and Urban Development (hereinafter HUD) in 24 C.F.R. 91 requires a Consolidated Plan One -Year Action Plan to be developed to represent a submission for planning and funding for the Department's Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) Programs. WHEREAS, the overall goal of the community planning and development programs covered by this plan is to develop viable urban communities by providing decent housing, a suitable living environment and expanding economic opportunities principally for low and moderate - income persons; and WHEREAS, on May 8, 2001 the Board of County Commissioners approved submission of the County's Consolidated Plan Five -Year Plan to the United States Department of Housing and Urban Development (hereinafter HUD); WHEREAS, the Fiscal Year 2004 -2005 Consolidated One -Year Action Plan was developed following the Collier County Consolidated Plan — Citizen Participation Plan, adopted January 9, 2001; and WHEREAS, the Consolidated Plan One -Year Action Plan will serve as: a planning document for Collier County (which builds on a participatory process at the lowest levels), and an application for federal funds under the U. S. Department of Housing and Urban Development (HUD) formula grant programs, a strategy to be followed in carrying out the HUD programs, and an action plan that provides a basis for assessing performances; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1• The Board of County Commissioners of Collier County approves the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year Page 1 of 3 tBB, f 2004 -2005 for the CDBG, HOME and ESG Programs, which is attached and incorporated herein by reference, and authorizes the Department of Financial Administration and Housing (FAH) to transmit the Plan to the proper funding authority and take the necessary actions for implementation of the CDBG, HOME and ESG programs. 2• The Chairman of the Board of County Commissioners is authorized to execute certifications pertaining to the Consolidated Plan One -Year Action Plan on behalf of the County. 3. Section 4.0 of the One -Year Action Plan sets forth the detailed dollar amounts for each Activity to be funded by the CDBG, HOME and ESG Programs. A copy of the proposed Activities and total CDBG, HOME and ESG funding is set forth in Exhibit "A" attached and incorporated by reference. Accordingly, the individual Activity's Sub- Recipient Agreement for all CDBG projects will be subsequently entered into on behalf of Collier County and each such Agreement is hereby acknowledged as providing for a valid public and County purpose. Based on these findings, the Community Development and Environmental Services Administrator is authorized to execute the CDBG Sub - Recipient Agreement to implement each such Activity, so long as: 1) the form of each such Sub - Recipient Agreement conforms to the form of the attached blank form, Exhibit "B" adopted and incorporated by reference, and 2) the dollar amount of each Activity for the corresponding then completed Sub - Recipient Agreement is as set forth in the adopted portion of Section 4.0, referenced above. HOME Activities identified in Section 4.0 of the One -Year Action Plan requiring Contracts or Agreements will come before the BOARD separately for approval. ESG Activities identified in Section 4.0 of the One -Year Action Plan requiring Contracts or Agreements will come before the BOARD separately for approval. 4• SEVERABILTTY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the Page 2of3 UL) 0 L) remaining portions of this Resolution 5. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. This Resolution adopted this thirteenth day of April 2004, after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Approved as to form and DONNA FIALA, CHAERMAN )Iff'su ci nc. W Patrick G4itye" Assistant County Attorney Page 3 of 3 CITIZEN PARTICIPATION PLAN Consolidated Plan One -Year Action Plan FY 2003 -2004 Collier County, Florida 1 8 044 5 Memorandum To: Patricia Morgan, Supervisor Clerk of Courts — Minutes and Records From: Susan Alden — HUD Grant Analyst Date: December 30, 2004 Subject: Subrecipient Agreement Re: CDBG - FY 2004 — 2005 Attached please find the original subrecipient agreement between Collier County and the City of Naples for CDBG funding in the amount of $137,000 toward two (2) public improvement projects in targeted areas in the City of Naples. The first is alley improvements between 2nd Avenue North and 3rd Avenue North, east of 10th Street North, at an estimated cost of $11,000. The second is installation of approximately 31 streetlights on 13th and 14th Street North in the River Park East subdivision at an estimated cost of approximately $116,000. Administration costs are $10,000 for administration and implementation of these projects. This was included in the County's Consolidated Plan One -Year Action Plan FY 2004.2005 as approved by the BCC on April 13, 2004 — Item 8B. The account string for this grant is 121 - 138755- 881400. 345101. Please call me at 403 -2339 if you have any questions. Thank you. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator - Administrative Services Division Gwen Butler, Operations Manager - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division 8 B AGREEMENT BETWEEN COLLIER COUNTY ".01 17 CITY OF NAPLES Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B- 04 -UC -12 -0016 THIS AGREEMENT, is entered into this d� day of 20_e_�4, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ", and the "City of Naples," a municipal corporation in the State of Florida, having its principal office at 735 8th Street S, Naples, FL 34102, and its Federal Tax Identification number as 59- 6000382, hereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development 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 Fiscal Year 2004 -2005 Consolidated One -Year Action Plan was developed following the Collier County Consolidated Plan — Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 for the CDBG Program by Resolution on April 13, 2004, including the use of this standard form Agreement; and City of Naples Page 1 of 22 8 8 i � WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and The City of Naples desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the City of Naples to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) "County" means Collier County, and where applicable, its authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "FAH" means the Financial Administration and Housing Department of Collier County. (4) "SUBRECIPIENT" means the City of Naples (5) "FAH Approval" means the written approval of the FAH Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A ". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B" along with Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B- 04 -UC -12 -0016. The effective date shall be the latest date of execution of this Agreement, and 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, City of Naples Page 2 of 22 8 B 2005. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB - RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $137,000 (ONE HUNDRED THIRTY SEVEN THOUSAND DOLLARS) for the services described in Exhibit "A." In the event the project costs exceed the stated amount, the SUBRECIPIENT shall be responsible for the excess. 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 improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty -five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any City of Naples Page 3 of 22 ■ applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof The SUBRECIPIENT further agrees to abide by all other applicable laws, 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 City of Naples Page 4 of 22 8 "$ - :. 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010, which describes the Davis -Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A -3. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti - Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A -102. This subpart includes 24 CFR 570.502. 26. OMB Circular A -133 - concerning annual audits. 27. OMB Circular A -122 - which identifies cost principles. 28. Section 109, Public Law 100 -202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A -110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non - Profit Organizations. 30. 24 CFR Part 85- OMB Circular A -102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. City of Naples Page 5 of 22 C. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the FAH Department or his designee. D. AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. E. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the County harmless and will indemnify the County for funds, which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. City of Naples Page 6 of 22 F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH or the County. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the SUBRECIPIENT, and the County may withhold any payment to the SUBRECIPIENT for set -off purposes until such time as the exact amount of damages due to the County from the SUBRECIPIENT is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida City of Naples Page 7 of 22 R B Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident /occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non -owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees, and Agents, c/o Department of Financial Administration and Housing ". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. City of Naples Page 8 of 22 I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. VIII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A —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. B. DOCUMENTATION AND RECORD - KEEPING The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the County by the SUBRECIPIENT at any time upon request by the County or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE /MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C ". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis - Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall 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. City of Naples Page 9 of 22 C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS AUDITS AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL FAH COUNTY AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the County, or HUD at any time. F. PRIOR WRITTEN APPROVALS- SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of $1,000 or more; (c) All out -of -town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); (d) All change orders over $2,000; and (e) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (f) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB City of Naples Page 10 of 22 Circulars A -110 (Uniform Administrative Requirement for Federal Grants), A -122 (Cost Principles for Non - Profit Organizations), A -133 (Audits of State, Local Governments, and Non - Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A -133 (Audits of State, Local Governments, and Non - Profit Organizations), the County reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A -133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. H. PROGRAM- GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAH. 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 FAH, and said plan shall require the prior written approval of the FAH Department or 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. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the City of Naples. Program Income shall be utilized to undertake activities specified in the One -Year Action Plan pertaining to the City of Naples project (s) and all provisions of this Agreement shall apply to said activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub - contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. City of Naples Page 1 I of 22 IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ETNERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority /women -owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority /women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty -one percent (S 1 %) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to FAH, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the County. The City of Naples Page 12 of 22 W 11 SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the County or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). G. DRUG -FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the 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, City of Naples Page 13 of 22 I. Roma 010 a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 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 the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. C. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and /or reduce the cost of said flood insurance. LEAD -BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD - assisted housing and require that all owners, prospective owners, and tenants of City of Naples Page 14 of 22 R 0 44 properties constructed prior to 1978 be properly notified that such properties may include lead - based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any 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 that was acquired or improved in whole or in part with CDBG funds in excess of Twenty -five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -two (22) 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. City of Naples Page 15 of 22 XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this iits Ldayof , 20 CITY OF NAPLES, FLORIDA Approved as to form and legal sufficiency: �c�i —6 (� u BY: ROBERT D. PRITT, CITY ATTORNEY BILL BARNETT, MAYOR ATTEST: BY: Tara A. Norm a4, City Clerk COLLIER COUNTY, FLORID IS Approved as to form and al sufficiency: Patrick G. White Assistant County Attorney H K. SCHMITT, ADMINISTRATOR COMMUNITY DEVELOPMMENT& ENVIRONMENTAL SERVICES City of Naples Page 16 of 22 EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: /ri C. 0 E PROJECT DESCRIPTION: R B *. The City of Naples proposes to allocate the CDBG funds towards two (2) public improvement projects. Targeted areas include alley improvements between 2nd Avenue North and 3`d Avenue North east of 10`h Street North. The cost estimate is $11,000. The second public improvement project is installation of streetlights on 13`h and 14`h Street North in the River Park East subdivision. The estimated cost for 31 streetlights is approximately $116,000. An additional $10,000 is for administration and implementation of these public improvement projects. PROJECT SCOPE: The purpose of this project is to benefit over 1,200 low- income residents in the Carver -River Park neighborhood. The SUBRECIPIENT further agrees that CCFAH, in consultation with any parties CCFAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. BUDGET: Line Item: Public Facility Improvements Streetlights Administration/Implementation Total CDBG Funds Other $11,000 $116,000 $10,000 $137,000 STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. MEASURABLE PERFORMANCE OUTCOMES: The SUBRECIPIENT shall complete the following documents to report program successes: The above documents will be made available to FAH staff for monitoring when requested. City of Naples Page 17 of 22 R B F. FORMER PROJECTS: Failure to adequately maintain any former CDBG /HOME funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG /HOME funds. G. WORK SCHEDULE: The time frame for completion of the outlined activities shall be June 15, 2005. Fifty per cent (50 %) of the funding must be expended by March 31, 2005. H. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed 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 C ". The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. City of Naples Page 18 of 22 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: City of Naples Subrecipient Address: 735 81" Street South, Naples, FL 34102 Project Name: City of Naples Street Improvements Project No: CD 04 -01 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) 7. If applicable amount held as retainage to date by the County, if not retained by the sub - recipient. $ 137,000 I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Supervisor Dept Director Date City of Naples Page 19 of 22 i EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the le of the following month. Status Report for Month of Submittal Date: Project Name City � f Naples Street Improvements Project Number CD 04 -01 Activity Number Subrecipient: City of Naples Contact Person Susan Golden Telephone: 213 -1041 Fax: 213 -1045 E -mail: s olg den(ddnaplesgov.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. New contracts executed this month (if applicable): City of Naples Page 20 of 22 � r Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on page 3) Ethnicity (see definitions on page 3) Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51 -80 %) Household 6. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). Enter the number of beneficiaries in the blank space and in box "1. " INCOME Of the households or persons assisted, are extremely low- income income (0 -30 %) of the current Median Family Income (MFI). Enter this number in box "2, " Of the households or persons assisted, Family Income (MFI). Enter this number in box "3. Of these households or persons assisted, Income (MFI). Enter this number in box "4. are very low- income (31 -50 %) of the current Median are low income (51 -80 %) of the current Median Family 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 this number in box "S " below. BOX I BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51 -80 %) Household Assisted (0 -30 %) (31 -50 %) City of Naples Page 21 of 22 � r • r Subrecipients must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African- American: A person having origins in any of the black racial groups of Africa. 3. 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. 4. 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. 5. 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: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and 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: City of Naples Page 22 of 22 Memorandum Received Purchasing To: Patricia Morgan, Supervisor Clerk of Courts — Minutes and Records From: Nancy Mesa — Grants Support Specialli Date: August 10, 2005 Subject: Amended Subrecipient Agreement Re: CDBG - FY 2004 — 2005 (City of Naples — Street Improvements) Attached is an original amended subrecipient agreement between Collier County and the City of Naples for CDBG funding in the amount of $125,000. This amended subrecipient agreement supersedes the one sent to you on 12 -30-04. The funds were used to provide streetlights on 13th and 14th street North in the River Park East subdivision. The original agreement was $137,000. The $12,000 difference between the two agreements will be carried forward into the 2005 -2006 agreement with the City of Naples. This was included in the County's 4 o Resolution 2004 -1012@ -Item ggction Plan FY 2004 -2005 as approved by the BCC on April 13, 200 The account string for this grant is 121 - 138755- 881400. 345101. Please call me at 659.5770 if you have any questions. Thank you. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator - Administrative Services Division, Gwen Butler, Operations Manager - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division AMENDED AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF NAPLES Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B- 04 -UC -12 -0016 fh 20 OS, by and between THIS AGREEMENT, is entered into this day of c % r / IF Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ", and the "City of Naples," a municipal corporation in the State of Florida, having its principal office at 735 81h Street S, Naples, FL 34102, and its Federal Tax Identification number as 59- 6000382, hereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development 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 Fiscal Year 2004 -2005 Consolidated One -Year Action Plan was developed following the Collier County Consolidated Plan — Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 for the CDBG Program by Resolution on April 13, 2004, including the use of this standard form Agreement; and City of Naples Page 1 of 22 [Ple WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and The City of Naples desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the City of Naples to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: DEFINITIONS (1) "County" means Collier County, and where applicable, its authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "FAH" means the Financial Administration and Housing Department of Collier County. (4) "SUBRECIPIENT" means the City of Naples (5) "FAH Approval" means the written approval of the FAH Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A ". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B" along with Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B- 04 -UC -12 -0016. The effective date shall be the latest amended date of execution of this Agreement, and the services of the City of Naples Page 2 of 22 • N s 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 August 1, 2005. Any funds not obligated by the expiration date of this Agreement shall be carried forward into the 2005 -2006 subreci ient agreement, contingent on the successful completion of the project outlined in Scope of Service Exhibit "A ". IV. CONSIDERATION AND LIMITATION OF COSTS The SUB - RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $125,000 (ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS) for the amended services described in Exhibit "A." In the event the project costs exceed the stated amount, the SUBRECIPIENT shall be responsible for the excess. 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 improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty -five (45) days of said official notification. City of Naples Page 3 of 22 1 B. COMPLIANCE WITH LOCAL AND FEDERAL RULES REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 City of Naples Page 4 of 22 City of Naples • IJ e 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010, which describes the Davis -Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A -3. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti - Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A -102. This subpart includes 24 CFR 570.502. 26. OMB Circular A -133 - concerning annual audits. 27. OMB Circular A -122 - which identifies cost principles. 28. Section 109, Public Law 100 -202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A -110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non - Profit Organizations. 30. 24 CFR Part 85- OMB Circular A -102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. Page 5 of 22 • l A C. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the FAH Department or his designee. D. AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. E. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the County harmless and will indemnify the County for funds, which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. City of Naples Page 6 of 22 F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH 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. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. I. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident /occurrence per Florida City of Naples Page 7 of 22 Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident /occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non -owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier county Board of County Commissioners a Political Subdivision of the State of Florida its Officers Employees and Agents, c/o Department of Financial Administration and Housing ". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. City of Naples Page 8 of 22 1. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. VIII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A —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. B. DOCUMENTATION AND RECORD - KEEPING 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the County by the SUBRECIPIENT at any time upon request by the County or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE /MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C ". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis - Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall 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. City of Naples Page 9 of 22 • C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -110, A -1221 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS AUDITS AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL FAH COUNTY AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the County, or HUD at any time. F. PRIOR WRITTEN APPROVALS- SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of $1,000 or more; (c) All out -of -town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.06 1); (d) All change orders over 52,000; and (e) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (f) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB City of Naples Page 10 of 22 F ■ L 0 Circulars A -110 (Uniform Administrative Requirement for Federal Grants), A -122 (Cost Principles for Non - Profit Organizations), A -133 (Audits of State, Local Governments, and Non - Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A -133 (Audits of State, Local Governments, and Non - Profit Organizations), the County reserves the right to require submission of audited financial statements and /or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A -133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. H. PROGRAM- GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAH. 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 FAH, and said plan shall require the prior written approval of the FAH Department or 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. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the City of Naples. Program Income shall be utilized to undertake activities specified in the One -Year Action Plan pertaining to the City of Naples project (s) and all provisions of this Agreement shall apply to said activities. Any Program Income on hand at or received by the SUBRECIPIENT o the County noslaterthantthirty (30) days aftersuch expiration, Agreement shall be returned Y subject to any SUBRECIPIENT requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. City of Naples Page 11 of 22 • R IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower - income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ETNERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority /women -owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority /women- owned business enterprises shall be located in or owned by residents of the 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 through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to FAH, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the County. The City of Naples Page 12 of 22 SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the County or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion HUD to required of FAH by SUBRECIPIENT on siteUSDuch s to SUBRECIPIENT shall allow FAH or visits may be scheduled or unscheduled as determined by FAH or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory rlegWiandemoderate -in moderate-income repdentsnof the project provided target employment of and participation o f o area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). G. DRUG FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (42 U.S.C. 70 1) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: . 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 t any Federal contract, the making of any Federal grant, the snaking of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, loan, iat on, renewal, amendment, or modification of any Federal contract, grant, 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, Page 13 of 22 City of Naples a Member of Congress, an officer or employee of Congress, or an employee loan, or a Member of Congress in connection with this Federal contract, grant, cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. 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 the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of snap 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 art 25 and 24 CFR part 92.355D Lead-Based Regulations at 24 CFR 570.608, 24 C s pertain to all HUD - assisted housing and require that all owners, prospective owners, and tenants of City of Naples Page 14 of 22 properties constructed prior to 1978 be properly notified that such properties may include lead - based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. X1. SEVERABILITY OF PROVISIONS If any provision of this Agreement is i hen continue to conform to the terms and requirements of affected thereby if such remainder would applicable law. XII. 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 that was acquired or improved in whole or in part with CDBG funds in excess of Twenty -five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -two (22) 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. City of Naples Page 15 of 22 �e XV . ENTIRE UNDERSTANDING and This Agreement and its provisions merge any prior agreements, ledge that there have been and are no constitutes the entire understanding. The parties hereby representations, warranties, covenants, or undertakings other than those expressly set forth herein. hh Off ._ WITNESS our Hands and Seals on this Q 7tday of cJ zy , 20 Approved as to form and legal sufficiency: ROBERT D. PRI T, CITY ATTORNEY ATTEST: TAR& A. NO iAN, CITY CLERK 4 Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney BY: TAMELA WISEMAN, VICE MAYOR COLLIER COUNTY, FLOYIDA OSEPH K. SCHMITT, ADMINISTRATOR, COMMUNITY DEVELOPMENT& ENVIRONMENTAL SERVICES Page 16 of 22 City of Naples EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: A. PROJECT DESCRIPTION: AN Ll The City of Naples proposes to allocate the CDBG funds towards one (1) public improvement projects. The public improvement project is installation of streetlights on 13`h and 141h Street North in the River Park East subdivision. The estimated cost for 31 streetlights is $121y,860 PA total of $125, d0 will be itvauavic �.,. .... - - - -- between the allocation ($137,000) and the cost to implement this Project forward into the 2005 -2006 agreement ($12 000 ). B. PROJECT SCOPE: The purpose of this project is to benefit over 1,200 low- income residents in the Carver -River Park neighborhood. The SUBRECIPIENT further agrees that CCFAH, in consultation with any parties CCFAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. BUDGET: Line Item: CDBG Funds Other Streetlights $121,860 Administration/ Implementation $ 3.140 Total $125,000 D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. E. MEASURABLE PERFORMANCE OUTCOMES: The SUBRECIPIENT shall complete the following documents to report program successes: The above documents will be made available to FAH staff for monitoring when requested. Page 17 of 22 City of Naples F. FORMER PROJECTS: Failure to adequately maintain any former CDBG /HOME funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG /HOME funds. G. WORK SCHEDULE: The time frame for completion of the outlined activities shall be August st 1, 2005. Fifty per cent (50 %) of the funding must be expended by June 30, 2005. H. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial artment outlining the status of specific activities under the project. Administration and Housing Dep Each report must account for the total activity for which the SUBRECIPIENT is reimbursed 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 U. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. Page 18 of 22 City of Naples EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: City of Naples Subrecipient Address: 735 81h Street South Naples FL 34102 Project Name: City of Na les Street Im rovements Project No: CD 04 -01 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) $ 125 000 7. If applicable amount held as retainage to $ date by the County, if not retained by the sub - recipient. I certify that this request for payment has been drawn in nt ° I also certify hhat terms amount conditions of the Request for Agreement between the County and us as the Sub-recipient. Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Page 19 of 22 City of Naples Ps 5 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the I ffh of the following month. Status Report for Month of Submittal Date: Project Name Cit of Na les Street Im rovements Project Number CD 04 -01 Activity Number Subrecipient: Cit of Na les Contact Person Robin Singer Telephone: 213 -1041 Fax: 213 -1045 E -mail: rsin er Luna les Tov.co11 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. New contracts executed this month (if applicable): Page 20 of 22 City of Naples Name of Contractor or Amount of Contractor hone Contract Federal D Subcontractor, Address &PNumber Number Race Ethnicity (see (see definitions on definitions on page 3) page 3) 6. For projects that serve a particular clientele, please complete the following information by entering rt the appropriate number m the blank spaces T DUPLICATE clients served in previous s months. You NEW clients served this month. of NO may provide data by either households UNITSns served. However, if one person received TWO services this counts as TWO SERVICE TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households' or "persons "). Enter the number of beneficiaries iINCOME space and in box 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 I. FEMALE HEAD OF HOUSEHOLD This project assisted . Female Head of Households REGARDLESS of income. Enter this number in box "5 " below. Page 21 of 22 City of Naples BOX 2 BOX 3 BOX 4 BOX 5 BOX l Very Low Income Female Head of Total Number of Extremely Household (51-80%) Households or Per Low Income Low Income Assisted (0_30%) (31 -50 %) Page 21 of 22 City of Naples [! Definitions of Race: in any of the original peoples of Europe, the Middle East, or North 1. White: A person having origins Africa. 2. Black or African- American: A person having orign any of of the Far East, ial grutheast As acor 3. Asian: A person having origins in any of the original peoples the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins ho maintains tribal affiliat on or community and South America (including Central America), and attachment. 5. 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: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and 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: Page 22 of 22 City of Naples OR; 2764 PG; 0781 Collier' County j III�� o fr _ z L . }/0 N 0 9 2001 TC' . OR, 2764 PG; 0782 CONTENTS S INTRODUCTION SECTION 1 PUBLIC MEETINGS SECTION 2 TECHNICAL ASSISTANCE SECTION 3 PROJECT IDENTIFICATION SECTION 4 PUBLIC HEARINGS 1. Review of Program Performance Hearing 2. Community Development Needs Hearing 3. Notices of Meetings and Hearings SECTION 5 BOARD OF COUNTY COMMISSIONERS (BCC) SECTION 6 PROGRAM INFORMATION SECTION 7 HANDICAPPED AND BILINGUAL PROVISIONS SECTION 8 COMPLAINTS AND INQUIRIES SECTION 9 SUBMISSION OF CONSOLIDATED PLAN SECTION 10 CITIZEN PARTICIPATION PLAN UPDATE oo -111 No. JAN 0 9 2001 pg, - 41 OR; 2764 PG; 0783 Introduction In conformance with the provisions of 24 CFR (Code of Federal Regulations) 91, "Consoli dated Submissions for Community Planning and Development Programs" and more specifically the provisions of 24 CFR 91.401 and 24 CFR 91.105, Collier County has adopted the following Citizen Participation Plan. ing Required by HUD regulation and Public Law 100 -242, this Consolidated Plan outlines the methods used in the development of the annual Consolidated Plan and describes how Collier County provides for maximum citizen participation in the development of the Plan. The method established by Collier; County for allowing citizen participation and input development of the Consolidated Plan provides for the most basic and appropriate level tof participation. It is the intent of the County to provide for the maximum level of citizen participation, in order to gather the most meaningful, thorough citizens. and effective input from its A process consisting of the following steps maximizes citizen participation in t of the Consolidated Plan: he development 1. Public meetings. 2. Technical assistance for citizens groups and organizations in developing g fundin g 3. Solicitation of project requests and proposals. 4. Public hearings. 5. Advertisements for a 30 -day public comment period. 6. Board of County Commissioners' approval. 7. Program information. 8. Handicapped and bilingual provisions. 9. Complaints and inquiries.. 10. Submission of the Consolidated Plan. Citizen participation requirements shall not be construed to restrict the responsibility or authority of the County for the development and execution of its community development block grant program activities. The Board of County Commissioners remains the sole approving authority for the program and any amendments. AGENDA ITEM No. 10 JAN JAN 0 9 2001 1 SECTION 1 PUBLIC MEETINGS Public meetings will be held at various locations including available locations convenient to the residents of the County. Meeting times residents and held at night. SECTION 2 TECHNICAL, ASSISTANCE OR; 2764 PG; 0784 public buildings, or other will also be convenient to Technical assistance will be provided for individual citizens, citizen groups, eligible nonprofit organizations and participating cities who need such assistance in developing project proposals. Such assistance is available upon request from the Housing and Urban Improvement Office of the County. Assistance and information provided include lower income population benefit data (per area), applicable regulations, maps and other data, if available. Groups or individuals needing technical assistance should contact the County's Housin a Urban Improvement (HUI) Office at: g nd SECTION 3 PROJECT IDENTIFICATION Based on input from the public meetings and discussions with individual citizens, citizen groups, nonprofit organizations and participating cities, County and City staff will identify additional projects in addition to those submitted directly. Staff will then summarize each project request for citizen and public review. SECTION 4 PUBLIC HEARINGS At the beginning of the Consolidated Plan development process, the public is notified through public notices and mailouts on the amount of grant funds expected, and of the dates and times of hearings. They are encouraged to participate in public hearings to obtain their comments. The public hearings held for the Consolidated Plan are designed to give the County's residents full disclosure of the funding programs and their operations. The hearings allow the County to obtain citizens' views, comments and responses to the Consolidated Plan- related proposals, imgUitrenents, regulations, and questions. IRevic uv Of Program Performance Hearing & Citizen Comment RE: Program Year C.A.P.E.R. (Consolidated Annual Performance and Evaluation Report) Submission A Program Performance Hearing will be held at the end of the program year. Its purpose is to update citizens on the status of past and ongoing projects and on the amount of the program budget expended. It also permits citizens to comment on performance and offer any suggestions for improvement. Citizens are also provided with copies of the Draft C.A.P.E.R. to be submitted to HUD. Citizen comment is invited at this time. Citizen comments are incorporated into the C.A.P.E.R. for submission to HUD. AGENDA ITEM No. 7Urfi�( c _..._JAN 0 9 200' 2 2. Community Development Needs Hearing OR. 2764 PG: 0785 The public hearing to address the identification of needs will be held early in the program year to allow citizens to comment on or present their own project proposals. The hearing is presided over by HUI staff and provides an opportunity for citizens and organizations to provide input and to respond to activities and questions regarding the grant programs. Attendees are informed of the amount of funds expected, the range of activities that may be undertaken, the estimated amount of funds, activities likely to displace residents or businesses, if any, the County's plans to minimize such displacement, if any, and the types of assistance the County will make available to displaced persons, if any. 3. Notices of Meetings and Hearings The public will be notified of all hearings through the local media, namely the: 1. Naples Daily News 2. Imn:okalee Bulletin 3. Public Access Channel 54 Plans are underway to advertise via the County's Internet Website. Notices will be published approximately 10 -15 days prior to each hearing. SECTION 5 BOARD OF COUNTY COMMISSIONERS (BCC) The BCC has ultimate responsibility for the Consolidated Plan as the County's elected authority. The BCC's first action is to approve the recommended list of activities for publication (for public comment). Following the review <of the proposed activities, the BCC meets to review and approve the Consolidated Plan. Taking public comment into account, the BCC approves the Consolidated Plan submission prior to submission to HUD. SECTION 6 PROGRAM INFORMATION The following information concerning the program is published in area newspapers: the amount of Community Development Block Grant funds available to the County the eligible range and types of activities for which the funds may be used; the date, time and location of all hearings; The information is disseminated in public buildings located throughout the County. Copies of the Citizen Participation Plan are placed in libraries and the County Services Building. On public record, located in the County Services Building, are all mailings and reports, all minutes and records of meetings and hearings, Grant Agreements, monitoring repoI , aao. 11 n OR: 2k4 PG: 0786 applications for other programs, Consolidated Plans, Consolidated Annual Performance- and Evaluation Reports (C.A.P.E.R.) and all program files. These may be reviewed between 8:00 a.m. and 5:00 p.m. Monday through Friday. Copies of most items are available upon request at no charge. SECTION 7 HANDICAPPED AND BILINGUAL PROVISIONS The County will meet all the handicapped provisions under federal law and will also make provision for bilingual meetings. For assistance please contact HUI one week before the meeting. SECTION 8 COMPLAINTS AND INQUIRIES Complaints and inquiries concerning the grant programs are conveyed by contacting, in writing or by phone, the CDBG staff office at Housing and Urban Improvement 3050 N. Horseshoe Drive, #145 Naples, Florida 34104 Phone: 941/403-2330 Complaints and related comments may also be offered at the public hearings. Responses to all written complaints and comments received will be provided within 15 working days of receipt. If not satisfied at the local level, complaints may also be made to the Miami Office of the U.S. Department of Housing and Urban Development (HUD) at the following address: U.S. Department of Housing and Urban Development Community Planning and Development Division 909 SE First Avenue, Room 500 Miami, Florida 33131 -3028 SECTION 9 SUBMISSION OF CONSOLIDATED PLAN Following BCC approval of the Consolidated Plan, the Plan will then be submitted to HUD along with certifications of compliance with program requirements. HUD accepts the Consolidated Plan unless the submission is incomplete or lacks all required certifications of program compliance. Following acceptance of the Consolidated Plan and execution of the grant agreement with HUD, the Count can amend its plan to carry out an activity not previously described or to substantially change the purpose, scope, location or beneficiaries of an activity. The. County has, pursuant to HUD regulation 24 CFR 91.505 (b), developed the following criteria for what constitutes a SUBSTANTIAL CHANGE: No. J JAN 049 2001 >� OR; 27 4 PG, 0787 Q ", 1- -The County decides to change the purpose /stated- objectives or ben 1c i�d of an activity. 2. The County decides to change the scope as it relates to the kind of basic eligible activities, or to cancel, or add an activity. 3. The County decides to change the location of an activity. 4. The County decides to make a change in its allocation priorities or a change in the method of the distribution of funds. 5. The County decides to increase the dollar amount of an individual activity identified in the Consolidated Plan Annual Action Plan by at least 50% in the year in which funds were appropriated. Prior to amending its Consolidated Plan for a new activity or a substantial change, the County will publish it in an area newspaper in order to obtain public comment. SECTION 10 CITIZEN PARTICIPATION PLAN UPDATE Collier County's Citizen Participation Plan may be updated and amended as the Board of County Commissioners deems necessary depending upon changes in the applicable regulations, recognized needs by staff, and suggested changes by citizens. All changes, unless mandated by regulation, will serve to further maximize participation by the County's residents, especially those of lower income. oo -> > 1 JAN 0 9 2001 L-pg.--q- ....... .. 5 Retn: 2736585 OR; 2764 . PG; 0780 RBC FBI 37.50 CLERK TO THE BOARD RECORDED In the OFFICIAL RECORDS of COLLIER COUNTY, FL COPIES 8.00 INTBROFFICI 4TH FLOOR 01/11/2001 at 09 :29AN HIM B. BIOCE, CLARE B %T 7240 RESOLUTION NO. 2001 -JpZ t88 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING A CITIZEN PARTICIPATION PLAN TO GUIDE THE DEVELOPMENT OF COLLIER COUNTY'S FIVE- YEAR CONSOLIDATED PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, Collier County has been notified by the U.S. Department of Housing and Urban Development (HUD) that Collier County, including its participating cities, is now eligible to enter the Community Development Block Grant (CDBG) program as an Entitlement Community; and ' WHEREAS, HUD, as a pre- condition for disbursing entitlements, requires an Urban County, such as Collier County, to adopt a plan to guide the participation of its citizens and other community organizations in the development of Collier County's Consolidated Plan for utilizing the entitlements it receives. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: The Citizen Participation Plan (Plan) attached to this Resolution is incorporated by reference, and is adopted by Collier County as if set forth fully in this Resolution. BE IT FURTHER RESOLVED that this Resolution and attached Plan be recorded by the Clerk of Courts in the Public Records of Collier County, Florida. This Resolution adopted this 9-t6 day of a: � 200I after motion, second and majority vote favoring same. ATTEST: AWIGHT,E. BROCK, CLERK ble imn's si gnat U only. Approved as to form and jegaf sufficiency: Patrick.G. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNT ORIDA By: <s. AIRMAN ANTIDISPLACEMENT AND RELOCATION PLAN tag a Ap 91 Consolidated Plan One -Year Action Plan FY 2003 -2004 Collier County, Florida \` all I � � \ 1 0 A(A AM or cossa DISPLAMMEjer AVOII)ANCE poLrCy ZT. 6tWWJard Condition standard Condition suitable 2 for Rehabilitation. 3 Sim INVOLUNTARY DZjjpLKCjX=T 4 A6 Provisions Provisions provisi cma for ReIc"tidn jWML*t&nm for Residential ,D1 eflacemmont C. Pravisiona for Ron- fte dwftiaL 7 Relocation 7 zV. TWOOP-Myr VOLUNTARY DlapljkCZRMT #jM RZF.00&TION V. VOLUNTARY I)XBPZJLCzpncmT AKD RZE00=Tjow DIMAMM" or warawAn" 10 13 • v .4 MOP .4 y 4.. r88 r FEB 4 1992 DIBDLACEKE" avoina ICo VOLICY The local government is committed to a Policy to make all reasonable efforts to ensure that activities undertaken h x 0:;t through the use of Communit =` Y Development Block Grant (CDSG) x�x funds will not cause The unnecas s}: sexy displacement or relocation. CDBG- Program will be administered in such a Mannar that s '��:: careful consideration is givers during :r cc�� 4 phase with `:.4 ng the plannin regard to avoiding displacement. The local t;. tlao provide information government will to and keep citizens ''. process tagarding pond! e:oai involved in the j n4 nq mad reroaieeQ actions -A threaten the that preservation of residential areas. displacement atoll be �L= reserved as a Involuntary, is# last resort action nsoes- tated only when no other alternative is available a nd when. activity it detarminad sp�eoiiio goal or Objective ��s7r in order to w�, out a t that is of benefit to � this Casa flee Public. • coamw» ity develop mnt and b t�Y ' • hoes ing programs ill .': be planned in a manner rich avoids dla la sue,_ p cenent of house- s �' holds or busiMSa�s, However. Vol untary taPorary displacement may ve or perma- ,�: Went bwnefii to a household or business . replacement of the (such as rehabilitation or ` building). Such benefits shall be identi- - -l3at� and re • quested by the displaces. Voluntary displacement ,. may also occur when a property owner voluntarily offers his hO1°e or business prQPQrtY for salt to the local government. iR ■ J( P n {: S Y 88 1i M FFB 4r In these cases, the seller may be required to waive rights as a condition of sale of the property, and the uniform Relocation Act provisions will govern actions of the local government and /or its representative, 20 CFR Part 574 is a governing document on displacement and is incorporated by reference. 49 CFR Part Info 24 Provides uniform Relocation Act rmation and is incorporated by reference. ZZ• O ZNZTIOXB OP Ng �BILITATIOI, Dp M rAM UUW BOITABL3 roR In the absence of federal and state provided defini- tions, the following is Provided to establish a frame of reference and context when dealinq With matters of displace- ment and /or relocation ae defined in 24 CFR part 570 and 49 CFR Part 24. A • 814adar_ d,i�,.� jM A dwelling unit is considered standard it it has no Major d4teots or only slight defect„ Whioh are �xrs�- able through the course of be in Maintenance. It must in total caapliance with a occu an Pplicable local housing and P cy codas; be structurally sound, watertight end in good repair; adequate in 8124 with respect to number of rooms be and area of living space and contain the following= 1• A aafe electrical wiring system, adequate for lighting and other normal adequ ate electrical de -2- t ■ ft% i 29 �- 88 �,, ;... -; bat 2• A separate, well- lighted and ventilated hroom that provides user privacy and contains a sink, commode, and bathtub or shower stall; . appropriate, source of hot andeoldpotablenwater; and approved :. sewage .drainagePsysteoate, sanitary and approved *f .. S• A fully usable sink in the kitchen; M.? i for a6. deequate apace and service connections Z.., 7• An unobatru egress to a sate, open area at ground level, and; and; Absence Of any barriers which would %r`-F= handicappedreclude or egress i[ the occupant is Failure to meet any Of these criteria automati- cally causes a dwelling to not be considered "standard." y= 8. Substandard rnndItI gn A dwelling unit is considered substandard it it does not fully comply with the standard criteria, 2r has minor defects which r r; equira a certain asaut►t of corrsc- tion but can still •�r,:: provide sale and adequate shelter, has major defects requiring a great deal of correction -': and will be safe and adequate once repairs are made. To be suitable for ' rehabilitation, a trained housing specialist must carefully inspect the dwelling r ;;:�,• , and prepare a work write -up of repairs necessary to -3- a G-co FA -t 20 FEB .4 1992 a i2Z. *Mumma"• Il1VMU*2 RT DZSpLRCMUWT .;. The local government will provide reasonable relocation " assistance to k3 persons (families, individuals, businesses, nonprofit organizations. or farms) displaced (moved RWM- nAn1jV and 1nvoluntAr.0 ) as a result of the use of CDBG assistance to acquire or substantially rehabilitate property. Assistance to displaced ., P persons may include: 1. Payment for actual moving and relocation expenses documented by recipients and /or vouchers from service providers and utility companies. The documents shall be submitted prior to the disburse - ment of payment; A. -{ - a1 ■ �ox�.r Z,i bring it up to standard condition. A cost estimate of repairs will be prepared, based on the needs identified in the work write-up. P- If these costs are equal to or =" loss than 65 percent of the value of a comparable replacement unit as obtained from more than one licensed contractor, the dwelling will be considered suitable for . rehabilitation It the predicted cost exceeds 65 percent, the unit will be deemed unsuitable !Cr rehabilitation. is This criteria is arbitrary, ry, however, and the local .a`. governing body may authorize deviations based on the tkv. unique aspects of each dwellinq, owner, tenant, etc., on a Casa -by -case basis. Each deviation so a pproved must be thoroughly documented. i2Z. *Mumma"• Il1VMU*2 RT DZSpLRCMUWT .;. The local government will provide reasonable relocation " assistance to k3 persons (families, individuals, businesses, nonprofit organizations. or farms) displaced (moved RWM- nAn1jV and 1nvoluntAr.0 ) as a result of the use of CDBG assistance to acquire or substantially rehabilitate property. Assistance to displaced ., P persons may include: 1. Payment for actual moving and relocation expenses documented by recipients and /or vouchers from service providers and utility companies. The documents shall be submitted prior to the disburse - ment of payment; A. -{ - a1 ■ �ox�.r Z,i by a Ott•.. r: r -• f ^� r:K�,; t 811 FEB 4 M 2• es necessary ng; Advisory services to help in relocating; the _• Financial assistance sufficient to enable displaced person to suitable, decent, duelling safe lease and occupy e and sanitary replacement Where the cost of rent and utilities does not exceed 30 percent of of a family the household gross income earning so percent of the median income for the jurisdiction. A. Provisi.,., The local goverment Will replace all occupied and vacant occupiable low- and doderate- income dwelling units demolished or converted to a use other than as low- and moderate- income housing as a direct result of activities assisted with funds provided under the Rousing and Community Development Act of 1494, as amended, and as described in 24 CPR part 590. Replace - ment low- and moderate - income units may include public housing or existing housing receiving section a project based assistance. All replaCOMOnt housing Will be provided within three years of the cosmencesent of the dtmolltion or rehabilitation relating to conversion and will most the following requirements. 1• The units will be local jurisdiction. located within the b ousinq 2• The units Will meet all applicable local , be in building, and zoninq ordinances and will standard, or better, condition. 3• The units will be designed to remain low - years and moderate- income dwelling units for at least 10 from the date of initial occupancy (applies to initial tenant only). -5- i�BB The replacement basis for concluding that each dwelling unit will be designed to remain a low- and moderate - income dwelling unit for at least 10 years from the date of initial occu- pancy. 7. Information demonstrating that any proposed replacement of & unit with of IQW- and it housing needs is consistent with the smaller unit moderate-income persons in the Jurisdiction. 4. number The units will be sufficient in size and (functional) equivalent) to house at least the number of occupants who could have been housed in the units that are demolished or converted. Before obligating or expending CDBG funds that will directly result in such demolition or conversion, the local government will Make public and submit to the Florida Department of Community Affairs the following information in writing: A description of the activity; proposed 2. The includin. general location on an area nap, g approximate number dwelling of units by size (number of bedrooms) that Will be demolished or converted to a • use other than low- and moderate- Income dwelling units; 3• A time schedule for commencement and cam- Plation Of the demolition or conversion; 4 nap a;d a The ra general location on a service area PP xm8t* number of dwelling units size (number of bedrooms by replacement units, ) that will be provided as 5. Identification of the source Of funding at the time at submittal and the time frame, location and source for the replacement dvalling unit. The replacement basis for concluding that each dwelling unit will be designed to remain a low- and moderate - income dwelling unit for at least 10 years from the date of initial occu- pancy. 7. Information demonstrating that any proposed replacement of & unit with of IQW- and it housing needs is consistent with the smaller unit moderate-income persons in the Jurisdiction. W a kT i > <t Fj •ri A.rLA E.,. 88 R FM d '.,.,1 8. provisions for Revocation Assis A++. for Residential Diems • *.ems*. The local government will provide relocation assis- tance, as described in 24 CFR part 570, to each low- and moderate- income household involuntarily displaced by the demolition of housing or by the conversion of a low- and moderate - income dwelling to another use as a direct result of CDBC- assisted activities. Persons that are relocated are entitled to the followings 1• A choice between 1) actual reasonable moving expenses Qr 2) a fixed expense and disloca- tion allowance; 2. Advisory services; 3. Reimbursement for reasonable and neces- sary security deposits and credit checks; 4. Interim living costs; and include aRSiotione g housing assistance, which may and referral to assisted uniitts, Caashrrental assis! tanco to reduce the rent and utliity oost, or a lump elm' Payment equal to the present value of rental assistance installments to be used toward purchasing an interest in a housing cooperative or mutual housing association for a period of up to Go months (5 years). C. Provisions a' catIgn Busineaaes, non- profit organizations, farms, etc., shall not be relocated unless the move is voluntary, essential to the project from the public view, and the 4P -7- 0��►:r 24 FES 4 IM2 owner waives his/her rights under the uniform Act except for the following relocation assistance: Actual moving and reasonable re- establishment expenses not less than $1,000 nor more than $20,000, equal to the period of a pro rata share for interruption of operations of the ave rage annual not earnings. Average annual not earnings are one-half of the entity Os net earnings before taxes, during the two taxable years immedi- ately prior to the taxable. year it was displaced. 2. signed No other benefits will be provided, and a quired. waiver acknowledging this fact will be re- TEXPORKRY* VOLON73m1' DrgpZjUMMWT AM RMOOMON A. Persons occupying housing which is to be rehabil- itated using CDOG funds MISt voluntarily agree to inclusion in the program and shall vacate the housing at the direction of the local government (or Its Housing Director), in order to facilitate the safe, timely and economical rehabilitation as. ir Y proce A moving allowance of $300 will be provided each sr family laced 90 displaced. This allowance will be Provided in two Payments at 1130 each upon moving out and moving back in. C. The local government may provide a safe, decent, and sanitary housing unit for use 48 temporary reloca- tion housing. The unit shall bi available free of charge to temporarily displaced households for the time Period authorized by the Housing Director, generally for the period of rehabilitation construction. Households MO 25 G8B . .ti..: who occupy the unit shall have a $75 refundable deposit . withheld from their initial moving allowance payment. This deposit shall be refunded in full immediately after sr'< the relocation unit is vacated in a clean and undamaged condition. The deposit refund shall be denied in full or in part for payment of damages to the owner /lessee �~• due to the occupants` (a) failure to properly clean or maintain the unit, (b) physical damage to the unit. (c) loss of keys to the unit, or (d) need for any special "- condition such as fumigation. A $25 per day penalty may also be assessed for the household's failure to properly • vacate the relocation unit when directed to do so by the 'pry Housing Director. D. A storage allowance of up to $150 will be provided each family unit displaced if storage is necessary and ti= essential to the move. ilk. i Y•.' E. Insurance cost or up to ;100 for the replacement U' value of the household property in connection with the Move will be provided each family unit displaced if storage 4 la necessary and essential to the move. V. PERl"MT, "LUNTARY DISpLRAXtaaT AM RZTA) ►TZOx It it is determined by the local government that occu- pants of a dwelling should be permanently relocated, and the occupants voluntarily consent, the government will assist in the relocation to a decent, sate and sanitary dwelling -9- P 4J-88 unit. Benefits, if Provided, will be limited to increases in monthly housing costs incurred by the occupant in an amount equal to the lesser of 60 times the increase or 30 Percent of the persons annual income. 24 CFR Part 570 must be con- sulted to determine specific limitations. R VX. DISILACWgRUT ()IF 80XWMMS Homeowners will have their house demolished with CDB0 funds Only as a voluntary action when rehabilitation of the dwelling in not feasible or cost effective. Although homeowners have & right to assistance as previously discussed, CDBG funds available for relocation assistance are limited. Therefore, financial assistance shall not exceed that described in the following Paragraphs. A. Homeowners who meet CDSG income limits will receive a replacement housing Payment not to exceed $26,000 (un'"s aPPrOV*d otherwise by the Board of County Commissioners). The Amount will be based upon the difference between the dwelling replacement price and the Owner's ability to contribute to the replacement 'N purchase ' price. Ability to contribute shall mean the houg*hold•a borrowing capacity (daterained by lending aqemton, including ftHjt) and liquid assets above $5,000 in value. To the extent feasible, replacement units will be Of comparable size and type an original units. Type _10- twos'.:. 27 4P -SB FETI 4 iqq2 shall mean single-family detached, mobile home, or attached. If the unit is attached (duplex, triplex) and the displaced owner also owns the other unit(s) as rental property, UP to $20,000 per unit shall be granted for construction of attached replacement units, provided that zoning and other applicable regulations allow con- struction of an attached unit(s) which will be rented for a period of five years to cow income eligible households at affordable rent levels. &MMLab" shall Mean the average monthly cost for rent and utility charges (water, sewer, electricity, gas) and shall not exceed 301 Of the tenant household's gross monthly income. C. Homeowners will be encouraged to relocate onto the property from which they were displaced or onto other Property which they own, In order to reduce the cost Ot the replacement unit. Land shall be included as an eligible replacement unit cost only when the existing site is unsuitable duo to inadequate size (based upon zoning or other applicable regulations) or location in a wetland or 100 year floodplain. Existing housing that is in standard condition may also be approved as replacement housing. Payment shall be disbursed only upon the Housing Director's approval of the replacement unit. _11- Mn-, 28 t ,'. wr88 FEB Q X99? D. If space is available, displaced homeowners will be offered temporary replacement housing in one of the units provided by the CDBG program for housing rehabil- itation displacees. Moving and storage allowances will be provided as annotated in section V. E. If a homeowner chooses to not purchase a replace- Mont dwelling, compensation shall be determined in the sams manner as for renters. compensation shall not be less that $2,000. Vil. A"aRLS /cOUNSIMING A. I! a claim for assistance is denied by the local governing body, the claimant may appeal to the State, and the decision of the State ■hall be final unless a court determines the decision was arbitrary and capri- cious. a. Counseling will be provided to displaoess in the areas Of household finance, fair housing rights, real estate transactions, and location and evaluation of replacement housing options. counseling shall be provided by the Housing Director to permanently dis- placed households to ensure the following: 1. No person is discriminated against based upon, race, color, religion, sex, handicap, filial status, or national origin. 2. Displacees receive information concerning the full range of housing opportunities within the local housing market. Prepared by Russell L Shreeve, Jr., Director Collier County Housing and Urban Improvement February, 1992 -12- NVI 0 uW PA :E za F? RESOLUTION NO. 92- 65 FFR 4 A RESOLUTION of THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING AN ANTI - DISPLACEMENT AND RELOCATION PLAN TO BE USED IN CONNECTION WITH COMHUNITY DEVELOPMENT BLOCK LOCK GRANT WHEREAS, Collier County intends to apply to the Florida Department of Community Affairs for Community Development Block Grants to help meet the community development needs of Collier County; and SEAS, the Congress of the United States has adopted the Uniform. Relocation Assistance and Real Property Acquisition Policies Act Of 1979, and amended the Act to discourage displacement of families and regulate the conditions under which relocation assistance will be made; and WHaRBAS, the Florida Department of Community Affairs requires that all local governments that apply for Community Development Block Grants have adopted an Anti- Displacement and Relocation Policy in conformance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979, as amended, 49 CFR Part 24, and 24 CM chapter 370.606; and WHM%PAS, the County staff has developed an Anti- Displaoe- aent and Relocation Policy that conforms to the State and Federal requirements. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMUSSIONERS OF COLLIER COUNTY, FLORIDA. that the Community Development Block Grant Anti - Displacement and Relocation Plan for Collier county, Florida, as developed by County staff to conform to State and Federal requirements, be adopted for application to any relocation or displacement that takes place as a result of any activity that is funded in whole or in part by a Community Development Block Grant. o wo�-- 14 C7 �� 88 This Resolution ado after motion, second and majority vote favoring same. Z' i,'.' DATED: ATTEST: C. GZY.ES, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER co Y. FE.ORIDA L .f5 By: NICHAEL j. E, hairman oveNCKAG to form and ali!mirriciency: Attorney .. b-Aw" it - 2 - FAIR HOUSING ORDINANCE Consolidated Plan One -Year Action Plan FY2003 -2004 Collier County, Florida • • j 92 ORDINANCE 92-9 AN ORDINANCE AMENDING COLLIER COUNTY LLL��JJJ h ORDINANCE NO. 86 -74, TH-E FAIR HOUSING ORDINANCE; BY AMENDING THE TITLE TO THE ORDINANCE; BY AMENDING SECTION TWO ENTITLED R DEFINITIONS; BY AMENDING SECTION THREE ENTITLED UNLAWFUL HOUSING PRACTICES; BY AMENDING SECTION FOUR ENTITLED EXEMPTIONS AND EXCEPTIONS; BY AMENDING SECTION SIX ENTITLED COMPLAINTS; BY AMENDING SECTION ELEVEN ENTITLED PENALTY; PROVIDING FOR CONSTRUCTION AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No. 86 -74 creating a "Fair Housing Ordinance" on November 4, 1986; and WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No. 86 -89 to amend Ordinance No. 86 -74 to include handicapped persons as a protected. class; and WHEREAS, the Federal and State Fair Housing Acts were amended to include familial status as a protected class; and WHEREAS, there is a need to amend Ordinance No. 86 -74 to include familial status as a protected class and make minor changes to be consistent with State and Federal law. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA that: SECTION ONE: The title to Collier County Ordinance No. 86 -74 is amended to read as follows: An ordinance entitled „Fair Housing Ordinance', to prohibit discrimination on the basis of race, color, mneeatry -- national origin, religion, sex, 'marital- stntna - -agc- familial status or handicap in housing; enunciating county policy relating to this type of discrimination; providing a common title; defining the terms used; prescribing unlawful discriminatory practices in connection with the sale, leasing, financing, and provisions of brokerage services relating to housing; providing certain exceptions; providing for the designation of administrator; prescribing the administrator's powers and duties; providing for conciliation hearings and agreements; providing for duties of administrator when probable cause of violation exists; Providing action to be taken by administrator when conciliation of a violation fails or cannot be resolved; prescribing Words underlined are added; Words roagh are deleted. F- Hottaing - -er -- housing-- aeeonnodation- - - - -An 88 y- -bai }ding, atrnetare;- or- portion- thereof-- nobi }c- home- or- trai }cr; -or -other A 44 feel }ity - -H hick- ia__oecnpied- a3, - -or- designed - -or- intended- -for oeenpaneY-- aa-- a - -rea #donee - -by- one -or -- more- fami�ie� -- and - -eny m giant -- }and-- whieh - -ia- _offered -- for-- sa }e - -or -- }ease_- for -the eenatrnetion--- or-- }oeation -- thereon- -of- -- any-- aneh -- bai }ding; atrtsetnre, --- or- portzon- thereof,- - nobs }e - homc -or- trailer -or -other faei}ityr G. Lending Institution* - Any bank, insurance company, savings 'and loan association or any other person or organization regularly engaged in the business of lending money; --,-guaranteeing loans, or sources of credit .information, including but not limited to credit bureaus. H. Owner - Any person, including but not limited to a lessee, sublessee, assignee, manager, or agent, and also including the city and its departments or other sub - units, having. the right of ownership or possession or the authority to sell or lease any housing- aeeemmodatfon dwellina. I. Person - One or more individuals, corporations, partnerships, associations, labor organizations, legal representatives,.. mortgage mutual companies, joint stock companies, trusts, unincorporated organizations, trustees trustees in bankr��nr. -v r ,.P; ver t i dnri arm or public corporations, or any department or sub -unit thereof. J. Real Estate Agent - Any real estate broker, any real estate salesman, or any other person, employee, agent, or Otherwise, engaged in the management, sales, or operation of any real property. K. Real Estate Broker or Salesman - A person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property, or who negotiates or attempts to negotiate any of these activities, or who holds himself out as engaged in these activities, or who negotiates or attempts to negotiate a loan secured or to be secured by mortgage or other - 3 - words underlined are added; words ntruck--through are deleted. SECTION THREE: Section Three, Unlawful Housing Practices 88 Of Collier County Ordinance No. 86 -74 shall be amended as follows: SECTION THREE. UNLAWFUL. HpUSING PRACTICES (1) Unlawful housing practices - sale or rental. Except as provided in Section Four of this Ordinance, it shall be unlawful and a discriminatory housing practice for an owner, or any other person engaging in a real estate transaction, or for a real estate broker, because of race, color,. ancestry,- national origin, religion, sex, marital status, -- age - familial status, or handicap: A. To refuse to engage in a real estate transaction with a person or otherwise make unavailable or deny housing A dwe11{no• to any person. , B. To discriminate against a person in the terms, conditions or privileges of a real estate transaction or in the furnishing of facilities'or services in connection therewith, or.-because of his exercise of his right of free association. C. To refuse to receive or fail to transmit a bona fide _offer to engage in a real estate transaction from a person. D. To refuse to negotiate for a real estate transaction with a person. E. To represent to a person that hohetng a dwelling is not available for inspection, sale, rental or lease when in- fact it is so available, or to fail to bring a property listing to his attention, or to refuse to permit him to inspect the heusfng dy&]J_J a. F. To make, print, publish or circulate, post or mail, or cause to be made, printed, published or circulated, any notice, statement, advertisement or sign, or to use a form Of application or photograph for a real estate transaction or, except in connection with a written affirmative action plan, to make a record, or oral or written inquiry in connection with a Prospective real estate transaction, which indicates directly - 5 - Words underlined are added; Words �treck- threngh are deleted. color, religion, familial r'8 8 statute or national origin of actual or anticipated neighbors, tenants or other prospective buyers Of any.hoeming we M. To cause to be made any intentionally misleading statement or advertisement, or, in any other manner, attempt as part of a process or pattern of inciting neighborhood unrest, community tension or fear of racial, color, religious, family compositions nationality or ethnic change in any street, block, neighborhood, or any other area, to obtain a listing of, any housing dwelling for sale, rental, assignment, transfer or other disposition, where such statement, advertisement or other representation is false or materially misleading, or where there As insufficient basis to judge its truth or falsity or warrant making the statement, or to make any other material misrepresentations in order to obtain such listing, sale, removal from, lease, assignment, transfer or other disposition of said housing dwelling. N. To place a sign or display any other device either purporting to offer for sale, lease, assignment, transfer or other disposition tending to lead to the belief that a bona fide .offer is being made to sell, lease, assign, transfer or otherwise dispose of any housing dwelling that is not in fact available or offered for sale, lease, assignment, transfer or other disposition. O. It is unlawful to discriminate in the sale or rental of. or to otherwise make unavailable or deny, a dwellinr, to any buyer or renter because of a handicap of: 1. That buyer or renter: 2. A person residing in or intend' g to res de in that dwelling after it is sold ented or made available or 3. Anv person associated with the buyer or renter, P. It is unlawful to discriminate against any person 1n the terms conditions o p iVileges of sale or rental of a - Z - Words underlined are added; Words ntruek- through are deleted. b- )- --L-ht switches electri�az �atlet 8 other .—_ loca ions " c1 Reinforcements in bathroom wa lls to allow 2ter installation of grab bars d Usable kitchens and bathrooms such that e s wheelchair a a - maneuver about the s ace 4 COrrplia'n�e Wlth he aDt]Ynnriate 'yen 9 —` the' A e ; ca_ n_ pt_ at; nna l tandards I st'tutr bvildi;na and fa i ities or�,iAinr. ac ess' � lh it �usabi ;t for nh. '�a"y end- ca ed eo a commonly —�- cited! as S sufg'ces to satisfy the reau;rP ments of paraManh r -(2) Unlawful housing practices - Block busting. it shall be unlawful and a discriminatory housing practice for a person, for the purpose of inducing a real estate transaction for which he may benefit financially; A. To represent that a change has occurred or will or may occur in the composition, with respect to race, color, aneestrY- national origin, religion, sex, marital- status - =nge Imulial st tus, or handicap, of the owners or occupants in the block, neighborhood, or area in which the hotsatnq- necommndntion dwnv is located. H. To represent that this change will or may result in the lowering of property values, an increase in criminal or anti - social behavior, or a decline in the quality of schools in the block, neighborhood, or area in which the housing aee"Madetion dweiIing is located. C. To make, as part of a process or pattern of discouraging the purchase, rental, occupancy or otherwise of any housing dwelling in a particular block, neighborhood or area, any representation to a person known to be a prospective purchaser, that such block or neighborhood or area may undergo, is undergoing or has undergone a change with respect to racial, color, religious, nationality, family composition or ethnic composition of such block or neighborhood or area. - 9 - words underlined are added; Words throagh are deleted. available such a transaction, or in the terms or conditions o ' g ' such t sact'o because of race, color # national Oricrin, sex, handicap familial status or religion (2) As used in this subsection, the tert*� es' entiai real state t a*+saction means anv of the oltowlna a.) The making or burchasina of t pans or providing other i r,an i t assis+ ancP (1) For nurchasinq construction_, m ovino renal ;rq or maintaining a dwelling o 12l Secured by residential real estate b) The sett;r,r. brokering or anorais, of residential rear n gpert� (4) Unlawful housing practices - Brokerage Services. _It shall be unlawful and a discriminatory housing practice to deny any person access to or membership or participation in any-multiple listing service, real estate broker's organization or other service, organization, or facility related to the business of selling, or` renting housing dwellinvs, or to discriminate against such person on the terms or conditions of such access, membership or participation because of race, color, ancestry,- national origin, religion, sex, marita-1 etetaa,- -age= famifial st=M , or handicap. SECTION FOUR: Section four, Exemptions and Exceptions of Collier County Ordinance No. 86 -74 shall be amended as follows: SECTION FOUR. EXEMPTIONS AND XC pTTONS (1) Nothing in Section Three shall prohibit a religious organization, association, or society, or any nonprofit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting or from advertising the sale, rental or occupancy of housing a dwell_ ing which it owns or operates for other than commercial purpose to Persons of the same religion, or from giving preference to such persons, uMless membership in—such r tinin restricted on account o£ race color, or national origin. Nor shall anything - 11 - Words underlined are added; words ntrnch- through are deleted. B. Rooms or units in housing dwell ngs w 8 8 ----z_ containing !� "`%%% living quarters occupied or intended to be occupied by no more than ,four families living independently of each other, if the A owner actually - maintains and occupies one of such living quarters as his residence, provided that the owner sells or rents such rooms or units; (1) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesperson, or of such facilities or services of any person in the business of selling or renting housing awe s or of any employee or agency of any such broker, agent, salesperson, or person; and (2) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of section Three, subsection 1 (F) of his t nr;�__-_, e, but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, ad other such professional assistance as necessary to perfect or transfer the title. For the purpose of this Sect D_D Four Subsection 2 of this ordinance a person shall be deemed to be in the business of selling or renting housing if: a, he has, within the preceding twelve months, participated as principal; other than in the sale of his own Personal residence, in' Providing sales or rental facilities or sales or rental services in three or more transactions involving the sale or rental of any housing dwellinv or any interest therein; or b. he has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities -or as }ea - -or- rents} -feed =ties or sales or rental services in two or more transactions involving the sale or rental of any + housing dwelling or any interest therein; or C. he is the owner of any hnu5ing dwelling designed or intended for occupancy by, or occupied by, five or more families. - 13 - words underlined are added; words 9tYtlC4- th ►0tlgh are deleted. B. gilder As „sed in this subsection trP r 8 'n "housing for �� V persons" 8 means hous;n� � l , Provided (li,dor an`J �t dte oY fnCje 7 nr0 rd that the- commission determines is specifically desi signed and operated to ass's elderl e sons as defined in the state o federal "r ^ ^�am 2. Intended for and solely occupied by persons 0 3. Intended and operated for occupancy beat ieasf one person 55 Years of age or Alder Der ,1n,t in e w ether housing auai;f; es I'- house foz olde persons �nfjer this subpa ac7 aph tho mmiss;on shall cone, er ;� least th O1 1 n,.rinr, �r.i -nr�c ' _fat mt,o existen a of sianif;r� +- f acilitiaS �d services specifically desinned mee the or airal social n p.aa of older Der'Gnnq �Ild service ie not pradticablp such hrn,si ,s necessa � *o >�tovide - imnorrant hous enr. 0 iii - 'es or older Der�ons (b) At least 8o percent of the u its a e occupied by at least one person �5 years of age or older per lallit : a n d 7c1 The publication of and adhevenr to 24i1�ies and rrncedur whi h d mn.+atrat an intent by tho 9wner o*- manage *o provide housing p nor Onc 55 iE'r�,rS Of age or odder, G. Hous nn shall not ail to be considered housing for older pe son if 1. A person who resides ;n such housing on or a e -. QCt2ber 1. 39ag, does not meet the a e e ui emen s of th s subsection Provided that an new occupant. meets such age recuirem nts 2. One or more units are unoccupied, d o ovlded that any u occu ied units are reserved for occu anc b ersons who meet the age requirements of this subsection. 15 - Words und_ rli _ned are added; Words s ''rack- throagh are deleted. f6 }(5) An informal complaint or answer may be amended at �88 any time, and the administrator shall furnish a copy of each amended informal complaint or answer to the respondent(s) or complainants) respectively as promptly as practicable. The administrator shall assist complainant(s)' or respondent(s) when necessary in the preparation and filing of informal complaint or answers or any amendments thereto-. SECTION SIX: Section Eleven, Penalty, of Collier County Ordinance No. 86 -74 shall be amended as follows: SECTION ELEVEN: U *r Violations of this Ordinance shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction shall be punished by fine not to exceed five hundred dollars ($500.00) or by imprisonment in the County Jail not to exceed sixty (60) days or by both' fine and imprisonment. Nothing in hi section shat? hsa t0 D nhihdt t1, U t O S a V O at0 O a ce b means of a ��o F f cemen Boarr� e�ta►,i i �. d Dursuan to e autho ri W es. SECTION SEVEN: Construction and Severability. This Ordinance shall be liberally construed to effectuate its public purpose. In the event this Ordinance conflicts with any other ordinance Of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION EIGHT. EFFECT yE DATE This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. - 17 - Words underlined are added; Words 9truek- throtigh are deleted. COLLIER COUNTY LOCAL HOUSING ASSISTANCE PLAN (LHAP) 1 Consolidated Plan One -Year Action Plan FY 2003 -2004 Collier County, Florida ap W Collier County and City of Naples, FL STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN For the State of Florida Fiscal Ye July 1, 2001 through Years gh June 30, 2004 Collier County Housing and Urban Improvement Department Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, FL 34104 Phone (941) 403 -2330 ♦ Fax (941) 403 -2331 www.co.collier.fl.us /hui k88 Collier County and City of Naples, FL STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN State Fiscal Years 2002, 2003, and 2004 I. PROGRAM DESCRIPTION A. Names of the participating local governments: Collier County Government and the City of Naples, FL. B. Summary of the proposed program: Collier County and the City of Naples have adopted an Interlocal Agreement to administer housing programs in Collier County. Collier County Government is designated as the administrative agency for the program. The SHIP Program is governed by Section 420 -9079 Florida Statutes and Rule Chapter 67 37, Florida Administrative Code SHIP funds along with CDBG and private funds will be available to develop and improve affordable housing opportunities in the City of Naples and the unincorporated areas of Collier County. Funds will be used to assist in the purchase of and development of single family owner occupied housing, rehabilitate existing housing, provide housing for persons with special needs, and assist in the development of affordable rental housing. C. Fiscal years covered by this plan: This local housing assistance plan allocates SHIP Funds for State Fiscal Years 2002, 2003, and 2004. D. Public input in developing this plan: Public input was received through the Collier County/ City of Naples Affordable Housing Commission. This nine - member commission meets monthly to discuss and explore affordable housing issues facing the County. Meeting notices are sent out and all meetings are open to the public. E. Available Support Services: • Collier County Banking Partnership • Salvation Army Transitional Living Center • Collier County University of Florida Extension Service • Habitat for Humanity of Collier County 2 • The Saint Mathews House Transitional Living Center • Collier County Housing Authority • The Red Cross of Collier County • Catholic Charities of Collier County • Community Housing Partnership of Collier County • Collier County Loan Consortium II. INTERLOCAL AGREEMENT See attachment 1 "Interlocal Agreement ". III. LOCAL HOUSING PARTNERSHIPS A. The Collier County Housing and Urban Improvement Department has always maintained local housing partnerships with interested groups throughout the area whose input has been sought on affordable housing issues and in the preparation of the SHIP Program strategies. Representatives from these groups are routinely invited to attend public meetings regarding the development of housing related issues such as the Housing Assistance Plan. Their input is continuously sought on the implementation and administration of the Housing Assistance Plan. B. Another local partnership exists between the Collier County Housing and Urban Improvement Department and local area mortgage lenders, realtors, developers, and closing agents. Representatives from each of these groups work together on a daily basis to ensure that SHIP Programs function smoothly. To date over 1,500 loans have been closed through Collier County SHIP programs. IV. Strategies A. Housing Assistance Strategies Mrs, N 1. Down Payment / Closing Cost Assistance with Emergency Repair Program a. The Down Payment / Closing Cost Assistance Program assists first -time homebuyers by paying a portion of their down payment and closing costs. Buyers of existing units are also eligible for additional rehabilitation or emergency repair to the unit purchased. The program provides second mortgages to eligible applicants to assist in the purchase (and repair if applicable) of new or existing single - family homes, duplexes, condominiums, townhouses, or DCA approved manufactured homes. b. This strategy will be funded during State Fiscal Years 2002, 2003, and 2004. C. Down payment / closing cost assistance will be available only to low and very-low income applicants. d. Applications will be taken on a first -come / first - served basis from all applicants meeting the selection criteria. The selection criteria will include the following: • The applicant must be a first -time homebuyer. A first - time homebuyer is defined as not having ownership interest in a home during the past three years, a single parent with children under the age of 18 who has recently been divorced and displaced, a displaced victim of domestic violence, or a person displaced as the result of some governmental action. • The home to be purchased must be located within the boundaries of Collier County, FL. • The applicant must be pre- approved by the lender providing the first mortgage for the purchase. • The purchase price of the home may not exceed the maximum sales price allowed in Collier County by the SHIP Program. e. All down payment / closing cost and emergency repair loans will be secured by second mortgages. The interest rate on the loans will be 0 %. No payment will be required until the property is sold, transferred, refinanced, or is no longer the 4 X337 A primary residence of the homebuyer. At that time the balance of the loan will be recaptured. f. The down payment / closing cost and emergency repair program will partner the use of SHIP funds with private sector first mortgages to provide homeownership opportunities to low and very-low income first -time homebuyers in Collier County. s 2. Impact Fee Relief a. The Impact Fee Relief program provides waivers and /or deferrals of Board of County Commissioner imposed impact fees on single family units for low and very-low income first - time homebuyers in Collier County. b. This strategy will be funded during State Fiscal Years 2002, 2003, and 2004. C. Impact fee waivers and/ or deferrals will be available only to low and very-low income applicants. d. Applications will be taken on a first -come / first - served basis from all applicants meeting the selection criteria. The selection criteria will include the following: • The applicant must be a first -time homebuyer. A first - time homebuyer is defined as not having ownership interest in a home during the past three years, a single parent with children under the age of 18 who has recently been divorced and displaced, a displaced victim of domestic violence, or a person displaced as the result of some governmental action. • The home to be purchased must be located within the boundaries of Collier County, FL. • The applicant must be pre- approved by the lender providing the first mortgage for the purchase. • The purchase price of the home may not exceed the maximum sales price allowed in Collier County by the SHIP Program. • Very -low income buyers receive a 100% Waiver of Impact Fees, Low Income buyers receive a 50% Waiver / 50% Deferral or Impact Fees,- Moderate Income Buyers receive a 75% Deferral of iMpact Fees. e. Impact fee relief assistance comes in the form of both a waiver and /or deferral. Fees deferred are recaptured when the property is sold, transferred, refinanced, or is no longer the primary residence of the applicant. No recapture is required on fees waived unless the property is sold, 0 X88 transferred, or is no longer the primary residence of the applicant prior to fifteen years from the date of purchase, in which case the waived fees are immediately due and recaptured. f. The impact fee relief program will partner the use of SHIP funds with private sector first mortgages to provide homeownership opportunities to low and very-low income first -time homebuyers in Collier County. Persons participating in the Impact Fee Relief program are also eligible to leverage the purchase of their home with SHIP Down Payment / Closing Cost Assistance loan funds. 3. Housing Rehabilitation- Owner Occupied a. The housing rehabilitation- owner occupied program assists very-low income homeowners by providing loans to pay for necessary repairs. All identified repair work must include the correction of housing code violations and/ or deferred maintenance. b. This strategy will be funded during state fiscal years 2002, 2003, and 2004. C. This program will assist only very-low income homeowners. d. Applications will be taken on a first -come/ first served basis. Loans will be given to only very-low income homeowners. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. e. All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0 %. No payment will be required until the property is sold, transferred, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptured. f. In cases where the cost of repair exceeds the maximum award available to the borrower SHIP funds will be leveraged by the homeowner's own funds, CDBG funds, or other alternative sources. 8 4. Housing Rehabilitation- Rental R a. The housing rehabilitation- rental program assists non - profit housing providers by providing loans to pay for necessary repairs. All identified repair work will include the correction of housing code violations and/ or deferred maintenance. b. This strategy will be funded during state fiscal years 2002, 2003, and 2004. C. This program will assist only non - profit housing providers who provide housing to low and /or very-low income tenants on a first come, first served basis d. A non - profit housing provider wishing to receive rehabilitation- rental funds will be evaluated competitively on the following criteria: • Financial strength of the agency • The ability of the developer to complete the development with the establish timelines • The capacity of the developer • The affordability of the product produced • Neighborhood compatibility of the development • Number of units produced per SHIP dollar spent • Leveraging of SHIP funds with other sources • Preference will be given to organizations participating in the Wages to Work Pro-gram. e. All loans will be secured by a second mortgage payable to the County. Loans will be given for a maximum term of 20 years. The interest rate on loans will range from 0% to 5% and will be based on factors includin : need of the _organization. the organization's ability to repay and non- profit or profit status of the organization Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for low and /or very -low income individuals. At that time the balance of the loan will be recaptured. Units will be monitored for a period of 15 years per Rule Chapter 67-37.005(6)(c) of the Florida Administrative Code. Resale and First Right of Refusal for Affordable Housing will be given to Eligible Sponsors as noted in Section 420 9075 (4)(f) Florida Statues 9 MM, f. SHIP funds will be leveraged by the non - profit housing provider receiving the loan at a 1 to 2 ratio. For every $1 of SHIP funds used the non - profit housing provider must contribute $2. in II#� • 5. Land Acquisition / Transfer With New Construction a. The land acquisition /transfer with new construction program is designed to facilitate the acquisition of vacant land which will be developed for affordable housing opportunities by offering loans to non - profit housing providers to acquire such land. The Collier County Housing and Urban Improvement Department may also use this program to purchase land to be used for affordable housing. b. This strategy will be funded in State Fiscal Years 2002, 2003, and 2004. C. The eventual beneficiary must be low or very-low incomes and be selected on a first come first served basis. d. A non - profit housing provider wishing to receive land acquisition transfer with new construction funds will be evaluated competitively on the following criteria: • Financial strength of the agency • The ability of the developer to complete the development _. with the establish timelines • The capacity of the developer • The affordability of the product produced • Neighborhood compatibility of the development • Number of units produced per SHIP dollar spent • Leveraging of SHIP funds with other sources • Preference will be given to organizations participating in the Wages to Work program e. Land acquisition / transfer program funds will be made available by loans secured by a second mortgage placed on the property acquired. Loans will be given for a maximum term of 20 years with an interest rate of 0 %. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for low and /or very-low income individuals. At that time the balance of the loan will be recaptured. f. The SHIP funds used in the land acquisition / transfer program will be leveraged by several public and private • I • sources. The non - profit agencies receiving these loans will be constructing housing units on the lands with funding secured elsewhere in the public and private sector. 12 6. Demolition With New Construction a. Through the demolition with new construction program low and very-low income homeowners of substandard housing may receive a deferred payment loan to pay for the demolition of substandard housing units found not to be cost effective or possible to rehabilitate. b. This strategy will be funded during State Fiscal Years 2002, 2003, and 2004. C. Participants in this program must be low or very-low income. d. Applications will be taken on a first -come/ first served basis. Loans will be given to only low and very-low income homeowners. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. e. All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0 %. No payment will be required until the property is sold, transferred, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptured. f. In cases where the cost of demolition exceeds the maximum award available to the borrower SHIP funds used in the strategy will be leveraged by the homeowner's own funds. SHIP funds will also be leveraged by the homeowner's new first mortgage when the new home is built. Recipients of loans from this strategy may also qualify for SHIP down payment/ closing cost assistance and SHIP impact fee relief. 13 X37 N 7. Special Needs Housing a. Through the special needs housing strategy down payment, land acquisition, or development assistance loans may be awarded to non - profit organizations serving special needs clients for the purchase or development of homes, apartments, or land. b. This strategy will be funded during State Fiscal Years 2002, 2003, and 2004. C. The eventual beneficiary must be low or very-low income1 and be selected on a first come first served basis. d. A non - profit housing provider wishing to receive special needs housing funds will be evaluated competitively on the following criteria: • Financial strength of the agency • The ability of the developer to complete the development with the establish timelines • The capacity of the developer • The affordability of the product produced • Neighborhood compatibility of the development • Number of units produced per SHIP dollar spent • Leveraging of SHIP funds with other sources e. Special needs housing funds will be made available by loans secured by a second mortgage placed on the property acquired. Loans will be given for a maximum term of 20 years. The interest rate on loans will ran e from 0% to 5% and will be based on factors includin need of the organization the organization's ability to repay and non profit or profit status of the organi Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for low and /or very-low income individuals. At that time the balance of the loan will be recaptured. Units will be monitored fora period of 15 years per Rule Chapter 67 -37 005(6)(c) of the Florida Admrnistratrve Code. Resale and First Ri lht of Refusal for Affordable Housin will be iven to Eli ible S onsors as noted in Section 420 9075 (4)(f) Florida Statues 14 t88 f. The SHIP funds used in the special needs housing program will be leveraged by several public and private sources. The non - profit agencies receiving these loans will be constructing housing units on the lands with funding secured elsewhere in the public and private sector. 15 8. Emergency Home Repair a. The emergency home repair program offers loans to low and very-low income homeowners whose homes need repair to correct life threatening, health and safety defects, and/ or energy efficiency issues. Corrections will also be made in order to alleviate exposure to natural environmental elements. b. This strategy will be funded for State Fiscal Years 2002, 2003, and 2004. C. All recipients in this program must be low or very-low income. d. Applications will be taken on a first -come/ first served basis. Loans will be given to only low and very-low income homeowners. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. All units assisted must have life threatening, health and safety defects, and/ or energy efficiency issues. Corrections will also be made in order to alleviate exposure to natural environmental elements. e. All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0 %. No payment will be required until the property is sold, transferred, refinanced, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptured. f. In cases where the cost of repair exceeds the maximum award available to the borrower SHIP funds will be leveraged by the homeowner's own funds. Repair may also be leveraged by homeowner's insurance, the homeowner's first mortgage, and any equity amassed in the home. 16 • f 9. Urban Infill- New Construction a. The Urban Infill- New Construction program will provide loans to very-low income home buyers to build new homes in targeted areas of the county. Loans may be used for land acquisition, construction, clearing title, demolition, and debris removal. b. This strategy will be funded in State Fiscal Years 2002, 2003, and 2004. C. This program will be available to only very-low and low income homebuyers, with priority given to very -low income. d. Applications will be taken on a first -come/ first - served basis from all applicants meeting the selection criteria. The selection criteria will include the following: • The home to be purchased must be located within a target urban infill area of Collier County, FL. • The purchase price of the home may not exceed the maximum sales price allowed in Collier County by the SHIP Program. • The applicant must be very-low income. • The applicant must be able to obtain clear title to the property, maintain homeowner's insurance, and pay property taxes on the new home. • A maximum of 10 loans per fiscal year may be made through this program. e. All urban infill new construction loans will be secured by first mortgages placed on the property. The Loans will be given at 0% interest. Payments p "LliFed nthly until the ro ert - sold, transferred, refinanced, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptured. f SHIP funds used in the urban infill- new construction program may be leveraged by several other SHIP strategies including impact fee relief and demolition with new construction. State and federal grants may also be used as leverage to acquire lots. 17 gY7 Ij 10. Urban Infill- Neighborhood Blight a. The Urban Infill- Neighborhood Blight program provides loans to non - profit housing providers to acquire land or existing housing units in targeted blighted areas of the County. The non - profit housing provider may then rehabilitate the units and offer them for sale or rent to low or very-low income persons. b. This program will be funded during State Fiscal Years 2002, 2003, and 2004. C. The eventual beneficiary of must be low or very-low income. d. A non - profit housing provider wishing to receive Urban Infill- Neighborhood Blight funds will be evaluated competitively on the following criteria: • Financial strength of the agency • The ability of the developer to complete the development - with the establish timelines • The capacity of the developer • The affordability of the product produced 0 Neighborhood compatibility of the development • Number of units produced per SHIP dollar spent • Leveraging of SHIP funds with other sources • A maximum of 10 loans per fiscal year may be made through this program. e. Urban Infill- Neighborhood Blight funds will be made available by loans secured by a first mortgage placed on the property acquired. The interest rate on loans will range from 0% to 5% and will be based on factors includin : need of the oraanization the organization's abilitv to repay and non- profit or profit status of the organization, Loans will be given for a maximum term of 20 years. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for low and /or very-low income individuals. At that time the balance of the loan will be recaptured. Units will be monitored for a eriod of 15 ears per Rule Chapter 67 -37 005(m(c) of the Florida Administrative Code. Resale and First Right of Refusal for 18 A HTroraaaIe Housin will be iven to Eli ible S onsors a: noted in Section 420.9075 4 f Florida Statues. f SHIP funds used in the urban infill neighborhood- blight Program may be leveraged by several other SHIP strategies including Impact fee relief and demolition with new construction. State and federal grants may also be used as leverage to acquire properties. E Fts ti a B. Housing Incentive Strategies 1. Expedited Processing of Permits for Affordable Housing Projects. a. Collier County Ordinance No. 89 -39 adopted July 18, 1989 speeds the rezone, approval, and permitting of developments for affordable housing. 2. Process of Ongoing Review a. The executive summary system used by the Collier County Board of County Commissioners serves as a process for on going review of items seeking Board action that may affect affordable housing. Every County Ordinance, Resolution, Contract, Bid, Award, Agreement, and Policy must have an executive summary attached which may be reviewed as to its effect on affordable housin 9- V. TIMELINES A. See attachment 2, "Timetables 2002, 2003, & 2004 ". B. See attachment 3, "Housing Delivery Goals Chart 2002, 2003, 2004 ". VI. AFFORDABILITY A. Homeownership I. Income limits are provided by HUD, distributed by the Florida Housing Finance Corporation, and will be adjusted annually without further approval by the City, County, or State required. Very-low income is defined as total household income that does not exceed 50% of area median income, low income is defined as total household income above 50% of median not to exceed 80% of median, and moderate income is defined as total household income above 80% but not to exceeding 120% of median income. 2. Monthly housing debt, including taxes and insurance, should not exceed 30% of total monthly household income, unless the institutional first mortgage lender approves a higher monthly debt it monthly income ratio. 3. For acquisition activities the purchase price of a � home may not exceed ��sCIIu Qi;�64 the maximum allowable limit for Collier Count set by the Florida Housing Finance Corporation 20 4% ^ B. Rental 1. Rental rates may not exceed those published and updated annually by the Florida Housing Finance Corporation. VII. ADVERTISING AND OUTREACH A. At least 30 days prior to availability of funds Collier County will advertise availability of SHIP Funds in The Naples Daily News, the newspaper of greatest circulation in Collier County. _. B. The Collier County Housing and Urban Improvement Department may also, depending upon the program, use additional outreach efforts, including brochures, additional advertising, or direct mail. VIII. ADMINISTRATIVE EXPENSES A. The responsible entity for administration of this program is the Collier County Housing and Urban Improvement Department. The HUI Director shall have the authority to fully administer the SHIP program within the constraints of this plan. B. The Collier County Housing and Urban Improvement Department will use 10% of the SHIP funds for the administration of the program. C. Breakdown of the administrative budget for the Collier County SHIP program State Fiscal Years 2002- 2004, FY2002 FY2003 FY2004 - Salaries & Benefits $118,500 $118,500 $118,500 Supplies $ 5,000 $ 5,000 $ 5,000 Training $ 2,500 $ 2,500 Legal Services $ 2,500 $ 4, 000 $ 4,000 $ 4,000 Advertising $ 500 $ 500 $ 500 Professional Services $ 35,690 $ 35,690 $ 35,690 Other Equipment $ 3,000 $ 3,000 $ 3,000 Office Rent/ Utilities $ 20,000 $ 20,000 $ 20,000 TOTAL $189,190 $189,191 $189,190 D. Consultants will not be used for the administration of the SHIP Program. 21 X88 wr IX. CERTIFICATION PAGE A. See attachment 4, "Original Certification Page ". X. SIGNED RESOLUTION A. See attachment 5, "Collier County Resolution No. 2001- « 22 1 Attachment 1 Collier County Local Housing Assistance Plan FY 2002, 2003, and 2003 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT made and entered into this ______ day of April, 2001 by and between Collier County, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners (the "County ") and the City of Naples, a municipal corporation created and existing under the laws of the State of Florida, acting by and through its City Council ("City"): WITNESSETH: WHEREAS, Section 420.9072 (4), Florida Statutes, (the "State Housing Initiatives Partnership Act" "SHIP"), authorizes monies in the Local Government Housing Trust Fund (the "Fund ") to be distributed to the County and eligible municipalities within the County pursuant to an interlocal agreement; and WHEREAS, Collier County is an approved County and the City of Naples is an eligible municipality within the County; and WHEREAS, the County and City desire to distribute SHIP allocations pursuant to this Interlocal Agreement; and WHEREAS, the County and the City have determined the SHIP funds can be more effectively and efficiently utilized and managed when the County and City work cooperatively to address the community's affordable housing needs. v :i* f88 y r NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: 1. The City and the County do hereby agree that the monies in the Fund which are to be distributed to the County as provided in 420.9073, Florida Statutes, shall be allocated between the County and City as follows: City 9.28% County 90.72% For Fiscal Year, 2002 -03 the State allocated 9.28% of the SHIP funds to the City and 90.72% to the County. Therefore, no less than 9.28% of the total allocation will be earmarked for the City of Naples in any given fiscal year. These percentages are based upon the March 2001 SHIP program allocation distribution schedule. The City of Naples may distribute a portion of its allocation to housing activities within the Urban Housing Assistance Area as defined in the July 1994 Interlocal Agreement adopted by Collier County and the City of Naples. 2. Unless earlier terminated pursuant to other provisions of this Interlocal Agreement, the term of this Agreement shall run concurrent with the distribution of monies in the Fund which are to be allocated between the County and the City. This Interlocal Agreement entered into this day of April, 2001 shall expire on the 30th t88 ft day of June, 2004, unless at such time the City and the County mutually agree to extend this Agreement or terminate said Agreement under the provisions of Section 8. 3. The City and the County direct the Florida Housing Finance Corporation (the "Corporation ") to distribute and allocate the monies in the Fund in accordance with this Interlocal Agreement and authorize the Corporation to rely on their stated intent and their authority to execute this Interlocal Agreement. 4. The monies distributed will be deposited in the below listed Depository Account or Accounts: First National Bank of Na-l- Account Number 113 -8577 Separate line items will be maintained for the County's SHIP allocations and the City's SHIP allocations. The Corporation will be notified of any change. The parties agree to have such Account and Accounts audited annually as required by statute and Corporation Rule. If one account in maintained for the parties hereto they agree to pay their pro -rata share of the cost of an audit based on the same percentage as the SHIP program allocation distribution schedule. 5. Provided this Interlocal Agreement remain effective between the City and the County, both parties agree that they will not do anything to jeopardize the other party's right to receive its allocation from the Fund. 6. The parties to this Agreement understand that the statute requires an incentive plan for providing affordable housing and they agree to cooperate in ensuring that the requirements and spirit of the statute are satisfied. 7. The parties to this Agreement recognize the contributions of the joint City/ County Affordable Housing Commission (AHC) and agree to appoint AHC members to the Affordable Housing Advisory Committee. The County's Housing and Urban Improvement office will be responsible for the overall administration of the programs assisted with SHIP funds and shall receive administration monies from the SHIP allocation. Said administration allocation shall not exceed 10%'0 of the total SHIP allocation in accordance with 420.9075 (6) and County Resolution 2001- . The County will establish, administer, and audit a Local Housing Assistance Trust Fund in accordance with Ordinance No. 93 -19, as amended and SHIP requirements. In addition, the County will submit the required annual report on behalf of the interlocal entities. 8. If at any time during the term of this Interlocal Agreement, the City or the County which are parties to this Interlocal Agreement believe that the intent of the parties as set forth herein is not being accomplished, or that the terms of the Interlocal Agreement are not fair, such entity may, upon the giving of ninety days written notice, renegotiate the terms and provisions of this Interlocal Agreement to be effective on the first day of the next fiscal year. If the parties are unable to so renegotiate the terms and provisions of this Interlocal Agreement prior to the commencement of the next fiscal n Year, the noticing party shall cease to be party to this Interlocal Agreement and this Interlocal Agreement shall terminate and be of no further force or effect as to such party and the funds shall be allocated according to population pursuant to Section 420.9072 (9) and Section 420.9073, Florida Statues. 9. If either party shall cease to be eligible for allocation and distribution, such party's allocation of the funds shall remain in the Fund to be used by the Corporation. 10. For all purposes of this Interlocal Agreement, the term " Interlocal r- Agreement" shall mean this Interlocal Agreement. 11. Both parties acknowledge the SHIP enabling legislation, the rules promulgated to implement same, and that the Statute and the rules are incorporated herein as if they were reprinted. 12. Attached to this Interlocal Agreement are copies of the Ordinance No. 93- 19, as amended, which creates the Collier County Housing Assistance Program, establishes the Housing Trust Fund, and creates the Affordable Housing Advisory Committee in accordance with Florida Statutes and Florida Administrative Code. 9 • r IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. DATED'. ATTEST: DWIGHT E. BROCK, CLERK t APPROVED AS TO FORM AND LEGAL ICIE"Wnl PATRIC G. H ASSISTANT COUNTY ATTORNEY DATED: ATTEST: TARA A. NORMAN, CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BEVERLY GRADY , CITY ATTORNEY r. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA By: JAMES D. CARTER, Ph.D., CHAIRMAN CITY OF NAPLES, a municipal corporation By: BONNIE R. MACKENZIE, MAYOR ---- ORDINANCE 2iUHBER 93- ] 9 N /*f AN ORD12MNCR PURSUANT TO THE Z9S STATE $qgS G INITIATS PARTNERSHIP (SNIP) PROGRAM; PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR TITLE CITATZON; PROVIDING FOR DEFINITIONS; PROVIDING l�OR a n' THE CREATION OF THE LOCAL ROUSING ASSISTANCE TR6pT FUND; PROVIDING FOR A LOCAL HOUSING PARTHERBRI?; PROVIDING FOR ESTABLISHMENT OF THE LOCAL HOUBTNa ?8 ?� 52Li17 ASSISTANCE PROGRAM! PROVZDZN13 FOR THE DESIGNATION OF RESPONSZBILITY FOR IMPLEMENTATION 01 THE LOC HOUSING ASSISTANCE PROGRAM] PROVIDING FOR T$ APfr jg 1 CREATION OF THE LOCAL HOUSING ADVISORY COMMITTE &C, PROVIDING FOR THE LOCAL HOUSING INCENTIVE P N ADOPTION; PROVIDING FOR CONFLICT AND 8E9ERAB=LZTY gfClark AND FR09IDZNG FOR AN EFFECTIVE DATE. ' r WM o, �fitF�- LZ�I�t WHEREAS, Collier County adopted the Collier County Growth Management Plan as its Comprehensive Plan On January 10, 1969 Pursuant to the requirements of Section 163.3161 gig , Florida Statutes, and Rule 9J -5, Florida Administrative Code; and WHEREAS, Collier County has attempted to address the problem Of lack of adequate and affordable housing for very low, low and moderate- income households in the County and the need for innovative programs to assist in the provision of such affordable housing by including provisions in the Growth Management plan including objective 1.4, policy 1.4.1, objective 1.5, policy 1.5.31 policy 1.5.4, objective 1.6, policy 1.6.30 objective 2.1, Policy 2.1.2, Policy 2.1.5 and policy 2.1.6 of the Housing Element; and WHEREAS, the Florida State Legislature enacted the William E. Sadowski Affordable Housing Act, outlined in Section 420.907 sev., Florida Statutes, and Chapter 9I -37, Florida Administrative Code, as a comprehensive funding package for State and local housing programs to better enable local governments to meet their responsibilities for affordable housing in accordance with their comprehensive plans. WHEREAS, Collier County has prepared a Housing Assistance Plan which is consistent with Section 420.907 Statutes, Chapter 9I -37 Florida p ,� Florida Administrative Code and the Housing Element of the Growth Management Plan of Collier County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT; EDDK 060PA E 80 -1= X88 ,.. ., -1- FILED ORDIMANCE NUMBER 43- '' '93 --�-.. MAY 10 1 54 PH r F.o fir, AHD ORDINANCE PURSUANT To THE STATE Hove ZATIPLS PARTNERSHIP (SHIP) PJ(OGRAM; OF STATE r PROV3�ZARY INTENT AND PURPOSE= PROVIDING FOR TITLE AND asA EACR EA OF THE LOCAL t PROVIDING FOR f2L --tC ASSISTANCE TRUST F DJ PROVIDING FOR A LOCAL HOUSING PARTNERSHIP; PAOVIDINa FOR ESTABLISRNT MZ OF THE LOCAL HOUSING ASSISTANCR PROGRAM; PROVIDING FOR THE DESIGNATION OF RESPONSIBILITY FOR XHPLLMEKTATION OF THE LOCAL HOUSING ASSISTANCE PROGRAM: PROVIDING FOR THE CREATION OF THa LOCAL HOUSING ADVISORY COXMXTTEE; PROVIDING FOR THE LOCAL HOUSING INCENT =� PLAN ADOPTION; PROVIDING FOR CONFLICT AND CZNT i f ABILILA AND PROVIDING FOR AN ElFECTIVE DATE. WHEREAS, Collier County adopted the Collier County Growth Management Plan as its Comprehensive plan on January lo, 19a9 pursuant to the requirements of Section 163.3161 NS_IISfi,.• Florida .. Statutes, and Ru2e'9J -S, Florida • '�:.• administrative Code, and WHEREAS, Collier County has attempted to address the problem .`. of lack of adequate and affordable housing for very low, low and ,. moderate - income households in the count Y: Y and the need for innovative �•:: programs to assist in the provision of such affordable housing by including provisions in the Growth Management Plan including objective 1.4, policy 1.4.1, objective 1.5, policy 1.5.3, policy 1.5.4, objective 1.6, policy 1.6.2, objective 2.1, r. policy 2.1.2, policy 2.1.5 and policy 2.1.6 Of the Housing t' Element; and g WHEREAS, the Florida State Legislature enacted the William E. Sadowski Affordable Housing Act, outlined in Section 420.907 Florida statutes, and Chapter 9I -37, Florida Administrative }" Code, as a comprehensive funding g package for S, state and local housing programs to better enable local governments to meet their y,.. responsibilities for affordable housing in r accordance with their comprehensive plans. WHEREAS, Collier County has, prepared a Housing Assistance ` Plan which is consistent with section 420.907 , Florida .' statutes, Chapter 9I -37, Florida Administrative Code and the Housing Element of the Growth Mana ement Plan g o f Collier County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY k'... COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT; BOOK 060 PACT 81 -1- • s, Y 4 3. r• Y I I- SECTION I. Intent and am- mgma A- The intent of this Ordinance iss I. To make affordable residential housing available for Very Low- income Persons, Low- income Persons or Moderate- income Persons and thoso Persons Who Have Special Housing Needs. Z. To combine local resources and cost saving measures into a partnership by using private and� public funds in order to reduce the cost of housing. 3. To assist in building the organization and technical capacity Of Community -based Organizations to optimize the role of Community -based Organizations in the production of affordable housing. 4. To promote innovative financing techniques designed to meet the special needs of Eligible Persons or Eligible Sponsors; encourage developers to construct low -cost housing; and encourage innovative design of Eligible Housing that provides cost savings. B. The Purpose of the ordinance is to accomplish the stated Intent by implementing an affordable housing program which will be monitored by the Collier County Affordable Housing Director and the Local Housing Advisory Committee. The purpose of the Local Housing Assistance' Program is to better meet the objectives and Policies of the Housing Element of the Collier County Growth Management Plan by increasing housing opportunities for Persons Who Have Special Needs and for Very Low-income Persona, Low- income Persons and Moderate- income Persons while providing for the protection of natural resources, and planning for community development and economic growth. SECTION II. Title and Itwtfin.. This Ordinance shall be known and cited as the "Collier County Housing Initiatives Partnership (SHIP) Program". SECTION III. Definitions As used in this Ordinance, the terms; A. Adjusted For P",n41v el—_ - means adjusted in a manner which results in an income eligibility level that is lower for households having fewer than four people, or higher for households having more than four people, than the base income eligibility BOOK 060 PAGE 82 -2 - &1 �1 'o determinasd as provided in Subsection 6Y�r v. .,,.. ior� (M' ® subsection (0) and Subsection (Q) below, based upon a formula y established b the ;.. : United States Department of Housing and Urban Development. bm Adivsste__ d Qr2an Jng -'means wages, income from assets, S regular cash or non -cash contributions, and any other resources and benefits determined to be income by the United States �'. Department of }lousing and Urban Development, Adjusted For Family Size, minus the deductions under Section 61 of the Internal ;i:r +: • Revenue Code of 1986, as amended. C. �ffordabim means that monthly rents or monthly ..y mortgage payments including taxes and insurance do not exceed 4: �.•,' -• thirty (30g) percent of that amount which represents the g•.. j S percentage of the median adjusted j gross annual incom& for the ,L.'. households qualifying under the definitions of Very Lori- income Persons, Lori- income Persons or Moderate- income persons. `r D. AWard - means a loan, grant or subsidy funded wholly or partially by the Local Housing Distribution. ' E. community -based ore�v,ts as means a non - profit organization that has among its u p rposes the provision of affordable housing to Persons Who Have Special Heeds or Very Low- income Persons, Low- income Persons, or Moderate® incom& Persons it within a designated �RF• grated area, which may include a municipality® a county, or more than one municipality or county, and maintains, through a minimum of one -third representation on the organization ®s governing board and otherwise, accountability to 1" housing program beneficiaries ano, residents Of the designated t• area. A community housing developm,.:nt organization established pursuant to 24 CPR, Part 92.2 and a community development corporation created pursuant to Chapter 290, Florida Statutes, ar® examples of Community -based organizations. na means any real and personal ' property located within the County which is designed and intended for the primary purpose of providing decent, safe and sanitary residential units that are designed to meet the standards of Chapter 553, Florida Statutes, for home ownership or rental for Eligible ''' Parsons as for by each county or eligible municipality �. S J;: BOOK 060 PAGE 83' �_' -3- participating In the Local Housing Assistance Program. ;;• G. Eligible Person means one or more natural persons or a family determined by the County to be Persons Who Have Special Housing Needs, or Vary LOW-income Persons# Low-income Persons or Moderate- income Persons according to the Adjusted Gross income of the resident as Adjusted For Family Size. S"OnsOx - means a person or a Private or public for- profit or not -for- profit entity that applies for an Award under the Local Housing Assistance Program for the purpose of providing Eligible Housing for Eligible Persons. 1. Gran .- means a distribution of a portion of a Local Housing Distribution to an Eligible Sponsor or Eligible Person to provide assistance under the Local Housing Assistance Program. J. Hollowing Asa means a concise description of the Local Housing Assistance Program adopted by this Ordinance with an explanation of the way in which the program Insets the requirements of this Ordinance and Sections 420.907 through 420.9079, Florida statutes. means & Pledge of Local Housing Distribution moneys to an Eligible Sponsor or Eligible Person to partially finance the acquisition, construction or rehabilitation of Eligible Housing. Z. Local HouS.4 ibUtlon -means the proceeds of the -.nt7 ninti-ib taxes Chapter 201, collected under Florida Statutes, deposited into the local Government Trust Fund and distributed to counties and eligible Municipalities participating in the state Housing Initiatives Partnership Progravp pursuant �o Section 420.9073, Florida Statutes. X. Low- income Person means one or more natural Persons or a family, not including students, that has a total annual adjusted gross household income that does not exceed eighty (So*) percent of the median annual Adjusted Gross income for households within 6*.;. the State or Bat Of the radian Adjusted Gross Income for households within the Metropolitan Statistical Area or, if not Within a Metropolitan Statistical Area, whichever amount is greater. within the county, With respect to rental units, the 600K 060 PAGE 84 �8e low- income person's annual income at the time of initial occupancy may not exceed eighty (90 %) percent of the State's median income Adjusted For Family Size. While- occupying the rental unit, a low Income person's annual income may increase to an amount not to exceed one hundred and forty (140 =) percent of eighty (sot) percent of the State's median income Adjusted For Family size. N. Metr D1L Un Statistical Area - means, as defined by the v.S. census, one or more entire counties economically and socially Integrated that have a large population center which meats the following criteria: (1) 'one central city with 50,000 inhabitants or morel or (2) a central city with at least 25,000 inhabitants provided: (a) that the city's population taken together with that of contiguous places totals at least 5O,0O0 constitutes, . inhabitants and for general economic and social purposes, a single community, and (b) the county or counties in which these places are located have at least 75,000 inhabitants. O. Moderate-4,1some Person � - means one or more natural Persons or a family, not including students, that has a total annual adjusted gross household income that is less than one hundred and twenty (120 %) percent of the median annual adjusted Gross Income for households within the state or one hundred and twenty (1201) percent of the median annual Adjusted Gross Income for households within the Metropolitan Statistical Area or, if not within the Metropolitan Statistical Area, within the County, whichever is greater. With respect to rental units, the moderate - income person's annual income at the time of initial occupancy may not exceed one hundred and twenty (120 %) percent of the State's median income Adjusted For Family Size. While occupying the rental unit, a moderate - income persons annual Adjusted Gross Income may increase to an amount not to exceed one hundred and forty (140%) percent of one hundred and twenty (1201). percent of the State's median income Adjusted For Family Size. P. Persons Who Have svec�ai Nno,a4 - means individuals who have incomes not exceeding those of Moderate - income Persons and, because of particular social, economic or health- related circumstances, may have greater difficulty acquiring or BOOK 060 PAGE 85 -5- t8,9 a: maintaining Affordable housing. Such persons may have, for example, encountered resistance to their residing in particular communities, and may have suffered increased housing costa resulting from their unique needs and high risk of e. Institutionalization. Such persons may include, but not be limited to , persons with developmental disabilitiee) persons with mental illnesses or chemical dependency; persons with acquired immune deficiency syndrome (AIDS) -and human immunodeficiency virus '... (HIV) disease) runaway or abandoned youth) public assistance :q recipients; migrant and seasonal farmworkera; refugees and tr; entrants; the elderly; and disabled adults. Q. Very Low-1ncome Pe sen - means one or more natural a . persons or a family, not including students, that has a total Z. annual adjusted gross household income that does not exceed fifty (50;) percent of the median annual Adjusted Gross Income for households within the State or fifty (501) percent of the median !y; annual Adjusted Gross Income for households within the ` Metropolitan statistical Area or, if not within at Metropolitan Statistical Area, within the county, whichever is greater. With respect to rental units, the Very Low- income Parson's annual a income at the time of initial occupancy m l.�. y not exceed fifty (sot) ' '. percent of the State's median income Adjusted For Family Size. L While occupying the rental unit, a Very Low- income Person's annual ' income may increase to an amount not to exceed one hum drod and forty (140 %) percent of fifty '(50 ;) percent of the State's median income Adjusted For Family Size. SECTION IV. ocal Ho+ ins As i4t at r, a A- The Local Housing Assistance Trust Fund is hereby created and established. B. All moneys received from the State pursuant to the State d Housing Initiative Partnership ?}•�•' p [SHIP) Program and any other funds � received or budgeted to provide funding for the Local Housing Assistance Program shall be deposited into the Local Housing Assistance Trust Fund. Administration of the Local Housing Assistance Trust Fund shall comply with Rule 9I- 37.008, Florida Administrative Code. soaK 060PAct 86 -6- f�.;. C. Expenditures other than for the administration and 4. implementation of the Local Housing Assistance Program shall not be made from the Local Housing Assistance Trust Fund. D. Amounts on deposit in the Local Housing Assistance Trust Fund shall be invested according to Collier County investment policies and procedures. All investment earnings shall be ..'M* retained in the Local Housing Assistance Trust Fund and used for the purposes thereof. a;• E. Until utilized for the purposes thereof, moneys in the Local Housing Assistance Trust Fund shall be held in trust by the ::sY• County solely for use pursuant to the Local Housing Assistance Program. All Local Housing Assistance Program income, including :`. investment earnings, shall be retained in the Local Housing Assistance Trust Fund and used for the ; f Purposes thereof. F. The County agrees that the Local Housing Assistance Trust Fund shall be separately stated as a special revenue fund in the County audited financial statements. Copies of such audited financial statements shall be forwarded to the Florida Housing Finance Agency g cY as soon as such statements are available. SECTION V. Local HOt+e {nv Partnership A. The Local Housing Partnership is hereby created and established. �• B. The Local Housing Partnership shall include, but is not limited to, the County, Community -based organizations, for- profit - housing developers, lending institutions, providers of r', professional services relating to Affordable housing, � g, and service organizations working on behalf of Persons Who Have Special Heeds. sC. The Local Housing Partnership shall assist in the Implementation of the Local Housing Assistance Program in accordance with this Ordinance, Sections 420.907 through 420.9079, w• Florida Statutes, and Chapter 9I -17, Florida Administrative Code. SECTION VI. Estnbliehmen of the T.,..�, �_� Program A. The Local Housing Assistance Program is hereby created ' and established. 4x .. BOOK 060PAGE 87 -7- ..ter r� c% �.v y r.. . rr t +e�u�snr Cif B- The contents of the Local Housing Assistance Program include2 (1) this Ordinance entitled „the Collier County Housing Initiatives Partnership (SHIP) Program "; (2) the Housing Assistance Plan; (3) Certifications; and (4) Appendices. Items one through Four of this Subsection a, copies of which are annexed to this ordinance, are adopted by reference and made at part of this Ordinance. Co The Local Housing Assistance Program shall use One Hundred (100) percent or the funds held in trust as follows: 1. The funds may be used to provide the local matching funds in order to obtain federal housing grants for federal programs. 2. The funds may be used to provide for the following capacity building strategies for Community -based organization. A. Operating and administrative expenses. b. Training for real estate development. c. Training for construction project management. 3. The funds may be used to implement the following locally - designed strategies: (a) Purchase assistance; ownership opportunities may be created for Eligible Persons through mortgage reductions, and /or low or no interest loans for down payments and /or closing costs. (b) Acquisition /rehabilitation; Very Low- income Persons and Low- income Persons may be awarded funds to acquire existing housing units for renovation. (c) Impact fee assistance; Eligible Persons may be awarded funds for the payment of waivers or deferrals of impact fees for Eligible Housing for Very Low- income Persons and Low- income Persons. (d) Land Acquisition; the County may through purchase or donation acquire land independent. _8- BOOK 660PA;E 88 , M •. •i �R11 •� J. Y, ti.. c r; k# of a specific Pro3ect for the express purpose Of providing Eligible Housing at A future time. (e) Construction /rehabilitation, (1) the County may provide locally- designed strategies that create or preserve Affordable housing through the construction or repair of homes for very Low- income Persons and Low- income Persons. (2) The County may seek local developers and contractors and other organizations willing to construct Affordable housing which offer such incentives as the County adopts in its Local Housing Incentives Plan- These incentives may include, but are not limited to, assistance in the construction of the infrastructure for eligible neighborhoods, impact fee credits or payments and /or the purchase Of the land by the county upon which construction will occur. (f) The cost of administering this Local Housing Assistance Program shall not exceed five (5 %) Of the State Housing Initiatives Partnership [SHIP] Program funding, guaranteed from the State of Florida, unless such costs are Increased to A maximum of ten (101) by County ,Resolution pursuant to Section 420.9075 (5), Florida Statutes and any amendments thereto. D. The County shall coordinate its efforts with financial institutions as follows: 1• The County shall work with banks and savings institutions to meat their g obligations under the Community Reinvestment Act (CRAZ to affirmatively address the credit needs of the entire community. -9- SOUP( 060PAGE .89 At least thirty (90) days prior to the beginning of any application period, advertise the availability �'•: of the Local Housing Assistance Program in. -io— aooK 660 pw 90 In meeting their obligation, banks and savings institutions shall be encouraged to engage in s.� activities that include, but not are limited to the followings Increase efforts to make loans for home mortgages and home improvements in conjunction with government insured lending programs such as FHA and x�. :! VA; make loans with high loan to value ratios when =' there is private mortgage insurance; provide assistance to existing or emerging Community -based Organizations; extend lines of credit and other r., . financing to Community -based Organizations; and Provide a secondary market for Community -based `s organization development loans. 2. The County shall seek lending institutions to work with Eligible Parsons or Eligible Sponsors in providing low -cost loans, interest point buy -down ' programs and other cost - saving mechanisms in order to facilitate home Ownershi p very ry 'Low - income ;• Persons and Low- incONG Persons and Parsons Who Have iA Spacial Housing Heeds. `. The county shall provide incentives for the preservation and production Of Affordable housing for Eligible Persons including, but not limited to, the donation of land or availability of low -cost land or land -lease arrangements, assistance in the construction ruction of infrastructure, availability of impact fee credits !� or deferrals and /or security deposit credits or payments. The Local Housing Assistance Program shall include all n other lawful.obj6ctives not previously listed if ' said objectives have been adopted into the Housing Assistance ;• • Plan in the manner provided b y statute. In implementing its Housing Assistance plan, the county shall: At least thirty (90) days prior to the beginning of any application period, advertise the availability �'•: of the Local Housing Assistance Program in. -io— aooK 660 pw 90 N. M� ilrK' fir• . ., .. nowspapers of general circulation and periodicals serving ethnic and diverse neighborhoods. ' 1. The County shall, in its Housing Assistance Plan, �y. adopt a maximum Awards schedule or system or Awards .: that comply with the following criteria: ��.. (a) At least sixty -five (65 *) percent of all the funds •" 3� made available in the County shall be reserved for •• i• home ownership for Eligible Persons. 1J �- (b) At least raventy -five (75•t) percent of the total funds shall assist with construction, rehabilitation or emergency repair of Affordable housing. (c) The sales price of now or existing Eligible Housing shall not exceed ninety (90 %) percent of the median area purchase price in the area where the Eligible F Housing is located as established by the United .: States Department p rtment of Treasury in accordance with ?� Section 3 (b) Z of the United States Housing Act of 1937. i •:~ (d) All housing . constructed, rehabilitated or otherwise x• assisted with the funds provided from the Housing r Assistance Plan must be occupied by Very Low - income Persons, Low - income Persons and Moderate - income sf Persons. At least thirty (30t Percent must be ' occupied by Very Low - income Persons, and at least +' an additional thirty (30 %) percent by Low- income Persons. (e) Loans shall be provided for periods not exceeding thirty (30) years, except for deterred project loans or loans that extend beyond thirty (30) -:- years which continue to serve Eligible Persons. ` (f) Eligible rental housing constructed, rehabilitated or otherwise assisted from the Local Housing Assistance Program is reserved for Eligible ;. Persons [or fifteen (25) years or the term of assistance, whichever is longer. Eligible Sponsors who offer ' . -11- 600K 060 PAGE 91 tr- M31- (q) (:L) (j) ay. ir. V. Y ' 1 •. .T" AV J . k1.'. �r r• K. 7. The County shall comply with all rules and regulations Of the Florida Housing Finance Agency in connection with required reporting of compliance of its Housing Assistance Plan. 4. Prior to receiving an Award, all Eligible Sponsors or Eligible Persons shall enter into an agreement with the County, agreeing to comply with the affordable housing criteria provided under sections 420.907 through 420.9079, Florida Statutes, and this Ordinance. In the event of a transfer of ownership of property to an Eligible Parson or Eligible Sponsor pursuant to the Housing Assistance Plan, the County shall require a covenant in the deed or mortgage stating the grantee or the loortgagor agrees to comply with the terms of the affordable housing criteria provided under sections 420.907 through 420.9079, Florida Statutes, and this ordinanbe, which covenart will run with the land in the case of a deed. Failure to comply with the covenant in the mortgage shall result in a default of the mortgage, with all remedies and rights for enforcement of the agreement insuring to the benefit of the County. SECTION VII. Designation of Resflensibtl�ty For r,..,i The Lecal xrous �.. +na "AIR -- a R edam on of The Affordable Housing Director is designated as the person responsible for the development and implementation of the Housing Assistance Plan. Such person shall be responsible for coordinating with the Florida Housing Finance Agency and facilitating the funding of the State Apartment Incentive Loans [SAIL] and setting up advertisements and workshops to advise Potential home buyers of the existence and terms of the Housing Assistance Plan. Such person will work with the Local Housing Advisory committee and other Affordable housing groups to monitor the success or the Housing Assistance Plan and provide advice and suggestions as to methods for improving the effectiveness of the Housing Assistance Plan from year to year. The total amount paid for administrative expenses in connection with the development and BOOK 060 PAR 93 -13- S: !,t.. • r implementation og the Housing Assistance Plan, including any costs ;r of employee salaries and benefits,, shall not exceed fide (��® Percent of the total SHIES funding amount in any given bear® unless : such costs and expenses are increased to a maximum of ten (10u i` percent by County Resolution pursuant to Section 420.907,5 M o Florida statutes and any amendments thereto® :4 SECTION VIII. Creatier� of h® -cal }feea3ines 11d Leo A. Where is• hereby created the Local Housing m Advisory. Committee (the "co"miteeW )o whose members shall be appointed by resolution of the Board of County Commissioner& with recommendations from the Maples City council® +►`;,. B® The C'ommitte® shill consist of rain® members® Five �> members shall constitute a quorum. The committee ma y not take ra formal actione unless a quorum in present but mn • 39 meat t® hear presentations if duly noticed. The committee shall include the following: fl -i: I. one (1) Citizen who is actively engaged i n the . ° residential hoarse building industry,- 2m One (1) citizen who $s actively engaged In the banking or mortgage banking industry, a : lm one (1) Citizen who is a representative of those areas of labor engaged in home building; 4m one (1) citizen who is designated as an advocate for Low- income persona; 5e one (1) citizen who is a provider of Affordable housing; one (1) citizen who is a real estate professional© ?`'. Cm Members shall, serve for two -year terms and may b® rs- appointod for subsequent terms. D. Meetings shall be held monthly for the first year of Committee®® existence and quarterlyp or more frequently as necessary thereafter. So The Committee shall comply with the Government in the Sunshine Law, the public records law and than spacial provisions regarding notice of Local Housing Incentive PYah considerations d00a ®PSGE 4 mY4® r,. 4• Tb.. .f C• ' • s found in Section 420.9076, Florida Statutes. Minutes of the meeting will be kept by the Collier County Affordable Housing Director and shall be submitted to the Board of County Commissioners and-Naples City Council. F. The Committee shall annually elect a Chairman, vice - Chairman and such other offices as it deems necessary. The Chairman is charged with the duty of conducting the meetings in a manner consistent with law. G. Staff, administrative and facility support for the Committee shall be provided by the Board of County Commissioners and City of Naples. H. The Committee shall have the following dutiass 1. The Committee shall review, established policiea and procedures, ordinances, land development regulations and the Housing Element of the Growth. Management Plan .. of the Board of County Commissioners and Comprehensive plan of the City of Naples and shall recommend specific initiatives to encourage or facilitate Affordable housing while protecting the ability of the property to appreciate in value. The recommendations may Include the modification or repeal of existing Policies, procedures, ordinances, regulations or land provisions; the creation of exceptions applicable to Affordable housing; or the adoption of new policies, procedures, regulations, ordinances or plan provisions. At a minimum, the committee shall make recommendations on affordable housing incentives in the following areas: (a) Affordable housing definition in the appointing resolution. (b) The expedited processing of permits for affordable housing projects. (c) The modification of impact fee requirements, including reduction or waiver of fees and alternative methods of fee payment. -15- sou G60PAGE 95 12 ' 1 i'• M� Mr, , �J (d) The allowance of increased density levels. (e) The reservation of infrastructure capacity for housing of Very Low- income Parsons and Low- income Persons. (f) The transfer of development rights as a financing mechanism for housing of Very Low- income Persons and Low- income Persons. (9) The reduetton of parking and setback requirements. (h) The allowanca.of zero - lot -line configurations. (i) The modification of sidewalk and street requirements. (j) The establishment of a process by which the local government considers before adoption, Policies, procedures, ordinances, regulations, or land provisions that have a significant impact on the cost of housing. 2. within nine (9) months from the. adoption of the ordinance, the Committee shall make recommendations approved by a majority of its members at a public hearing concerning the adoption of the Local Housing Incentive Plan. Notice of the time, date and place of the public hearing of the committee to adopt final affordable housing incentive plan recommendations shall be advertised in a newspaper of general circulation in the County before the scheduled hearing. The notice of the public meeting must contain a short, concise summary of the affordable housing incentive recommendations to be considered by the Committee. The notice shall also state the public place where a copy of the Committee recommendations can be obtained by interested persons. SECTION IX. Local HousinU Tncen i e Ptan A Within ninety (90) days after the date of the receipt of the affordable housing .incentive recommendations from tha Committee -16- 6DDK 060PA6E 96 4! A . y 3''• "_ and the applicable public hearing, the Board of County Commissioners shall adopt by ordinance, the Local Housing Incentive Plan. The Plan shall at a minimum consist of specific initiatives to encourage and facilitate Affordable housing, and a schedula for implementation Which includes (1) a schedule for implementation of expedited permit processing for Affordable - housing projects and (2) a process for review of local policies, ordinances, regulations and planned provisions that significantly impact the cost of housing. The Board of County Commissioners shall, upon adoption of the Local Housing incentive Plan, send a copy of the Plan to the Florida Housing. Finance Agency by certified mail. SECTION X. conflict and Severabfitty, In the event this Ordinance conflicts with any other ordinance of Collier County, the more restrictive shall apply. If, any phrase or portion of thini Ordinance, or the particular application thereof, shall bra held invalid or unconstitutional by any court, administrative agency -or other body with appropriate Jurisdiction, the remaining section, subsection, sentences, clauses, or phrases and their application shall not be affected thereby. SECTION Xi. Effective na This Ordinance shall become effective thirty (30) days after formal adoption. PASSED AND DULY ADOPTED by the Board of`Count i Y Co V • k, • r • r mm asioners of Collier County, Florida this /3 day of �j. „ 199 Z . i - --�-•+ ;:• F,��TI�J • " \�►'•jK • '' BOARD OF COUNTY COMISSIONERS = G}1' ,; • I D ;O�ROC, CLERK COLLIER COUNTY, FLORIDA ^\1,` • .`•, ;• I.F., J 1 � . AM �,'. `- ,.':�;� ; � ' ;�:' �, L. SAUNDERS, CHAIRMAN RO � TO FORH AND LEGAL SUFFICIENCY This ordlnance flied with ft •, _ / rY of Stote's Office the A. H IDI F. AS TON lay ` � . :` • • ASSISTANT COUNTY ATTORNEY of that fi f BOOK ncehvd th day VUQPAGE 97 -17- avwr u. R •5 ' VI ss.;. e� SECTION X. COO f 1 let! and _ e�rabt g ts• In the event this Ordinance conflicts with any other ordinance of collier County, the more restrictive shall apply. Xf any phrase or portion of this Ordinance, or the particular application thereof, shall be hold invalid or unconstitutional by any court, administrative agency or other body with appropriate Jurisdiction, the remaining section, subsection, sentence&, clauses© or phrases and their application shall not be affected thereby. SECTION XIo �Effectiv® ®a e® U: f w v This Ordinance shall become effective thirty (30) days formal adoption. after PASSED AND DULY ADOPTED by the Board of County Commis sioners of Collier county, Florida this day of ° �,• 19930: ••, .• TT°E�H° ST. S�eE,.m'DC$G' °� �0 �:•� Y9 ��y S ®AR9 OF' COUNTY q gp I ST I®9ER Spp +.,�.�ro COLLIER COUNTY FLORIDA /MT �'' �q® �^ °:1 •��a a . AUN®ERS, CHAIRMAN 1 APPROVED AS TO FORM AND LEGAL SI1"ICIEN CX4 ord6r filed ,� with the Sete ary of 5 ® ® °3 Off ay of FdEIDI F and ockm I gemenf f that (111M . ASSISTANT COQ ATTORNEY rocal day m 60PAGE cc.x mil® -I- BOOK 060rAc( 99 88 mown= Lr. si' state Nousinq Iaitiati►q Partaarship �"� -� � Rousing q 7lseietanae' Plan #.; • Collier County ' i -• �. Fiscal Year 1992 -93 prn i Section II Oeaeral Iaforwationt This Housing Assistance Plan not forth the plans of Collier County to Increase the .' supply o[ affordable housing In Collier County. This plan meets the provisions of Chapter Florida Administrative Code, 92 -37 of the (SHIP) program. State Housing Initiatives Partnershlp This Plan is limited to the City of Naples and Collier County, The City of Naples and Collier county have entered into an Interlocai Agreement for the local administration of the SHIP program. Thin PIA" Covers a three (3) Year period beginning with fiscal 1992 and ending on June 30, 1993. year section it Implementation Thin plan is designed to Increase the availability of affordable housing by utilising various strategies. Very low and low- income families will be able to participate in the following strategiest lA Impact tee ReLLor - Home Ownership 18 Impact pee Relief - Rental Housing 2A M0ms6wn4r Rehabilltation'and Lmergency Repair 23 Rental Rehabilitation and Emergency Repair 3. Down Payment Assistance with Rehabilitation and Emergsncy Repair 4. Assistane0 to Community -84604 Organisations s• Federal or state Match for Housing programs 6. Land Acquisition All units assisted will be contractually subject to the recapture provision of the Mortgage Revenue Bond program contained in 51431M) of the Internal Revenue Code 1986. section 222 Budget This budget covers Collier County's first three years of participation in this program. The figures are estimated and based on the projected revenue for the three years. The percentages reflect staff's recommendations on the disposition funds, which is in conformance of Program. with the rules governing the SHIP -I- BOOK 060rAc( 99 B. - - SWANOW am sa2P aUDQXT rr 92/93 Intimated Revenue SNIP REQUIRED ALLOCATIONS Administrative Cents S 25,439 (l0%) FISCAL YIARS 3992.95 IMPACT rEE RTLIET rr 92/93 93194 94/95 Allocation $254,395 $310,792 $340,856 731 Req. for RE8A82LZTATICX AND EMROlMCY RIPAIRS Cemstruction /Rehab. $190,796 $233,094 $253,627 431 Req. for 0 strategy 0 4 Ownership Assistance $165,357 $202,015 $221,543 sa2P aUDQXT rr 92/93 Intimated Revenue $254,398 Administrative Cents S 25,439 (l0%) Strategy A IMPACT rEE RTLIET A) ownership $129,470 a) Rental = 58,598 Strategy 1 2 RE8A82LZTATICX AND EMROlMCY RIPAIRS A) Ownership $ 35,888 S) Rental 0 strategy 0 4 ASSIST. TO COMM. BASED OROMIZAT20NS $ $,000 TOTAL SUP Tr 92/93 Zxpeaditures $254,395 SNIP AXWIXISZ ATI9i MM MIT 1"Y 92/93 staff Salaries S 10,439 special Audit S 10,000 Yarn Workers Housing Study 3 9.000 Total Administrative Costs S 25,439 Total SHIP Funds allowed for $ 25,439 Administrative Costs IOItiDATID FjWIRJDmNTs 75% Required for construction /rehab. $190,796 rY 92/93 allocated for $323,956 construction /rehab 651 Required for Hoene Ownership Assistance $165,357 rY 92/93 allocation for Home Ownership $165,358 -2- 10DX 060 PAGE ICO fi - r =.:ii 4 i '"47 SUP UNITS ASXISTED M 92/93 stratoW #1 IMPACT R! RELIEI A) Ownerahlp Very bow - income 17 Low- income 9 e) Rental Very Low- income 30 Low- Lncome 0 Strategy 12 REHABILITATION AND EtXROENCY REPAIRS A) Home Owners Very Low- income 7 Low- income 0 B) Rentals Very Low- income 0 Low- income TOTAL Units assisted TY 92/93 77 Strata" 04 ASSIST. TO COM. BASED ORGANIZATIONS N/A UUMATED REQUIZZUMTS Units mandated for Very Low - income persons 30% 9'Y 92/93 Very Law- income units assisted 94% Units mandated for Low - income persons 301, lY 92/93 Low- income units assisted 6t0+ All units assisted will be for Very Low or Low- income persons. •• CUMULATIVE MUMS ARE ACCEPTABLE TO MEET THESE REQUIRE?RNTS BOOK 060 PAGE IUD. -3- J} 0 1317 sums? a=... FY 12194 h , ISTINATXV RIVXMZ $310,792 • ADM MISTRATIVS COSTS i 31,079 (30 \) y, � STXAMM 11 IMPACT Ffs RILIIF A) ONAIRSHIP ; 75,000 t 25,000 •',; xTR& my / 2 :; :• ' RIMASILITATION AND L 2MINCY RIPAIRS A) ONNSRSHIP s 79,713 3) RsNTAL S 30,000 sTRATSGY 1 2 DOHA PAYJQNT ASSIST. R/ RsAAe. $ 601000 ' STRAMY 1 4 AssrsT. TO comet. HASID ORGANISATIONs = 5,000 ?; STRATS0Y 1 S � .... ]PATH FOR HODSING PROGRAMS $ 5,000 TOTAL SNIT PY P3/96 I2PMMXTURis $310,792 ',• \; : :N 1• SHIP AL1 MSTRATIVS RUDGIT PY 93/94 f \. ' staff Salaries $ 13,229 special Audit $ 10,000 Housing needs study 2 7,890 Total Administrative costs $ 31,079 Total SHIP Funds allowed for / 31,079 administrative costs i " i �;: ]011tDATSt! M=RENENTS 73% required for construction /rehab. $223094 Fit.\1.,.. r.' FY 93/94 allocated for $269,713 . construction /rehab ii 65• required for home ownership assistance $202,015 '.• fy 93/94 allocation for home ownership 224,713 606K 060 PAGE 402 ,� -4- SUP UNITS ASSISTED rr 93/94 Strategy 11 IMPACT FS2 Rnzir A) Ownership Very Low - income 30 Low - income 3 S) Rental Very Low - income S Low - income p strategy 12 RJASILITATION AND EMEROINCr REPAIRS A) Rome Owner Very Low- income 16 Lowy- income o S) Rental Very Lew- income 9 Low - income o Strategy 0 3 DOW PAYM M ASSIST. w/ RIMAS. Very Low- income 4 Low- income 8 strategy 14 ASSIST. TO COMM. SASZD ORGANIZATIONS M/A Strata" 0 S MATCR FOR MUSING PROGRAMS Very Low- income 2 Low - Income 1 TOTAL Units sisisted PY 93/94 61 KMM TM RIQV pmam" Units mandated for Very Low - income persons 30% rr 93/94 Very Low- income units assisted Sot Units mandated for Low - income persons 30% rr 93/94 Low- Income units assisted 20i•+ All units assisted will be for Very Low or Low - income persons. •• cuKuLATIYZ rIouRES ARS ACCEPTAHLI TO MZZT TNISL RIQUIRIMSNTS BOOK 060FAGE103 -3- 211P BUDGET FT 94191 m WX 060 PAGE 1®4 W 3.; Estimated Revenue $340,8SO Administrative costs S 34,08S (10%) KLWDXIZD ReammmXXTS IMPACT VIES RELIEF A) ownership $ 61,930 9) Rental $261,771 strata" 0 2 RINABILITAIZOWAND ZXZRGZXCT REPAIRS A) Ownership 79v821 0) Rental 20,000 strata" 0 3 DOW PAYMENT ASSIST- W/RZR". Strata" R 6 ASSXsT. TO Co. BAID ORCMIZATIONS 15,000 Strata" 0 9 MATCH FOR BOOMING PROGRAMS 1 30,000 TOTAL UXF FT 94195 Zzp*UdLtures $340,859 SXIP AMIXZSTRATXVN 3=012 ry 94/95 staff salaries $ 13,723 special Audit 5 10,000 Potential HOOO Owners Counseling $ 5,500 owner - Builder Technical Assistance Total Administrative Costs $ 34,085 m WX 060 PAGE 1®4 W 3.; Total SHIP ?undo allowed for' 34,085 Administrative Costs KLWDXIZD ReammmXXTS 75% Required for construction /rehab. 5255,627 PY 94/93 allocated for $261,771 construction /rehab 638 Required for Rome Ownership Assistance $221,543 YT 94/93 allocation for Rome Ownership $241,771 m WX 060 PAGE 1®4 W 3.; •r . SHIP UNITS Asi2STED yr 94/95 f. GOOK 060 PAGE 105 -7- strategy A IMPACT M RELIEF 4+C . A) Ownership Very Low - income 7 u3 :- Low- income 3 +'• S) Rental Very Low- income Low - income D Stsategr 12 REMASILITATION AND XMROENCr REPAIRS A) Nome Owners Very Low - income 16 Law- income O S) Rentals Very Low- income 3 Low- income D Strata" t 3 DOWN PAYKZNT ASSIST. W /RERAS. Ve Low Become ry S Low Income 15 r1ri! 2 f� strat"r / 4 ';�'`• ASSIST. TO CONN. Sh3ZD ORGANIZATIONS N/A i;.;.• '. strategr 0 S MATCH TOR MOORING PROGRAMS ��• Very Low income 12 Low Income 6 phi =' TOTAL unit■ anslsted yY 94/9S 73 �S'� � )C111DATED REQUIRE�tiTs Units mandated for Very Low - income persons 30♦ YY 94/95 Very Low- income units assisted 68% Units mandated for Low - income persons 30% rY 94/95 Low - Income units assisted 32110 All units assisted will be for Very Low or Low - income persons. f. GOOK 060 PAGE 105 -7- [�L ";11" section ZT• Program Activities SHIP funds will be used to Implement or support the following ttrategieee strategy 1 impact Fee Relief The City of Haples has adopted provisions thet allow for the waiver of x... City impact feet for affordable housing developments which Most the City's Affordable Housing Development Standards. V Collier county has adopted ardLnanc*o which provide for Impact foe waivers or deferrals for income-quaILfyLnq households or projects. -Strategy .4 IAA Impact Foe Relief - monaawners Descriptions impact fee relief will be available for very Low and b Low-income first-time home buyers who meet the qualifications oats ILeh ad in the Collier county Impact fee ordinances. The first -time home buyers who most the Lnemw test must also be employed in Collier County and they must doclars, the dwelling unit as their homestead.- Amount of SNIP Assistance Avallablee r; PY 92-93 $129,470 TY 93-94 $ 75,000 FY 94-95 $ 61,950 Units to be Assiffitedl rz Ty 92-93 22 Y.... TY 93-94 13 rJe FY 94-93 10 Income Group to be AS$Lot*de 37 92-93 17 Very Low-income 3 Low-income FT 93 -94 10 Very Low-income 3 Low-income PY 94-93 7 Very Low - income 3 Low-income Average Amount of name ownership .Impact Fee -Relief ]paid with SNIP Dollaraii $6,000 maximum amount of BRIP dollars per units $60300 The specific amount of Impact fees charged for•each newly constructed residence varies depending upon its location within the County. State mandated maximum price for any unit aszista6 will bag $95,400 The average price per assisted unit will be 353,000 Boax 060pndoG -a- 060PAct107 4c. ' � �C i t8B X4'!1 a - .8tratm 11 W impact Fee Rali @f ® Rental Rousing Descriptions Empact Yee relief will be available for Very Low and s Af Low -11ja s, rental projects where the tenant@ meet the income qualifications established in all collier County impact fee ordinances. Rental units must remain affordable for fifteen years from the date of issuance of the certificate of occupancy. + Aunt o8.sarr Assistance Availables y,r PY 92 -93 $58,598 ' PY 93 -94 $10,000 FT 94 -93 610,000 . ?�,•: vaite to be aaaisteda PY 92 -93 30 PY 93 -94 a PY 94 -95 a R ,Jlncceio Osmspe to be.Aseiateds . PP 92 -93 so Very Low- income 0 Low-income ,j '•: Pr 93 -94 a Very Low-income 0 Lore- income •'• ' Pr 94 -93 a Very Low - income 0 Low - income •,rw turf Average aeonmt of Rental Impact Fee Relief T°� "" = pa$d aitb sass dollaree 310183 �• Amaximum•aeonnt ®L saT units ! dollars per units $5400 j1 tV 2� ! r94 ^' r 060PAct107 4c. ' � �C i t88 14 is Rebabilitation and Ssergency Repair Program sowner Rehabilitation and =emergency Repair Program and emergency repair program will be developed utilising a volunteers and skilled labor. The rehabilitation and program will target Very Low and unty. Low - income homeowners covided to correct Housing Code violations or deterred isrs will be available in'the form of a $5,000 deterred 31 intsrests, with repayment upon malt of property or 30 sistaaee Availables FY 92 -93 $3$,888 rr 93 -94 79.7» edt rY 92 -93 rY 93 -94 16 rY 94 -95 16 t snoome oroup to be Assiateds• ri 92 -93 T vary Low - income 0 Low- income Tr 93 -94 16 Very Low- ineoms i'•1'. " 0 Low - income LX FY 94 -95 16 Very Low- income 0 Low- income A►erage Amount of Eofteowaer Rehabilitation =4 >dmergesscy Repair Assistance Paid with Dollars $5,000 l4simnia aaonnt of SHIP dollars per units $7,500 BOOK 060 PAG! 108 -10— fi I,%: t8B. Strategy 12 as Rental Rebabilitatioa and Emergency Xapair Program t Descriptions A rental rehabilitation and emergency repair program will be developed and implemented during the 1993 -94 fiscal year. ocher funding R• sources much as Community Development Block Grants may be sought to 7: supplement this program. Florida Fix funds will be available to property owners to correct code violations, provide handicap modifications and rehabilitate the property. Funds will be available in the forma Of amortised loans for up to 20 years, ! with an annual interest rats of (31). Property owners will be required to provide'11w Dollars (52.00) of private funds for every One Dollar (:1.00) ,p of SHIP funds. "• Landlord% must rent their units to Very Low and Low - income person• for the duration of the loan or be subject to repayment at market interest rates. Ameuat of XXXV Assistance Available% FY 92 -93 $0 PY 93 -94 $30,000 PY 94 -95 S10,000 ;• t/nite- to be assisted% IT 92-93 0 rY 93 -94 9 Py 94 -95 3 +` xneo" Grove to be Assisted% •�l FY 92 -93 0 Very ry Low - income 0 Low- income ' -: 1'Y 93 -94 9 Very Law - income 0 Low - income �,�ti „• rY 94 -9S 3 Very Low- income O Low- income :';•'; ATermgo amount of Rental Rehabilitation end Iaergenor Repair Assistance paid with snip t dollars S 3,300 Kaxiuum anoint of SUXP dollars per Unit $ 51000 TI rN� f •1, IDDX 060 PAGE '109 -11- t8B r ,•;$test*" / 3 Down Fayaent Assistance with Rehabilitation a Eeargener �= Repair strategy 0 31 First -Time Home buyers Down Payment Assistance in conjunction with Rehabilitation and /or Nmergency Repairs. Desorlptions Down payment assistance will be available to [first -time home buyers in conjunction with rehabilitation or emergency repairs to any existing dwelling unit. This strategy is available for single. family homes, duplexes and condominium units. A deferred payment loan of $2,500 with Of interest will be provided toe first -time home buyers for down payment assistance. In addition, a '. deferred payment loan of 32.500 with 0t 'interest will be provided for a.� rehabilitation or emergency repairs. ti •.. The combined deferred loans of. $5,000 will be secured by a mortgage to be paid in fall to the Affordable Housing Trust Fund when the dwelling unit is sold. All recipients must declare the dwelling unit as their homestead. Amount of SNIP Assistance Availables rY 92 -93 $ 0 `}? n 93 -94 $60,000 �K rr 94 -93 $100,000 Gaits to be Assisted$ FY 92 -93 0 4 rY 93 -94 12 FY 94 -95 20 Iaoome Group to be Assisteds :c FY 92 -93 0 Very Low- income 0 Low-income FT 93 -94 4 Very Low- income �;r.�' :•.. N Low — income FT 94 -95 S Very Low- income 25 Low - income F.r,.:. Average Amount of SNIP dollars for Down Payment Assistance in conjunction with Rebabilitation ;* and Maergeney Repairs $ 2,SOO down payment $ 2,500 Rehab. /SR TOTAL $ 51000 state mandated maximum pries for any unit assisted will but $83,160 She average price for assisted units will be $60,000 (} 12- BOOK 060 PSG[ 110 • d Strategy 1 4 Assistance to Community -eased organisations pescriptioae Keginning' in fiscal year 1993 -94, a small portion of the b. annual ship allocation will be available to local comaunity -based organisations to assint non - profit organizations in developeng their housing assistance skills. These community -based organizations may receive funds for program development and technical assistance for implemsntatlon of programs. Amount of sKIP Assistance Avallables t FY 93-93 $ s,D00 FY 93 -94 $ $,,GOO • ?� Tr 94-93 $15,000 strategy i 2 radera. or state hatch for Mousing Programs Descriptions Many federal and state housing programs require a local match. Depending upon the program, local matches may take the forma of cash or in -kind assistance. Beginning in fiscal year 1993 -94, the housing assistance plan will provide $S,000 in local match for federal or state housing programs. Ascent of sMIP Assistance Available$ t+ rY 92 -93 $ D t}: '•;.<<:.., rT 93-94 rr 94 -93 $30,000 VaLts to be Assisteds rr 92 -93 0 93 -94 3 rr 94 -93 19 iacros Group to he Assieteds rr 92 -93 0 Very Low- Lncome ctfQ.v;:. 0 Low - income rr 93 -94 2 Very Low- income 1 Low- income rr 94 -93 12 Very Low - income, - 6 Low - income ra: Average Amount of SKIP Dollars Per unit $ 3 1000 e '• °" isa�a Remount of SKIP Dollars Per unit $ 6 1000 �. sooz 060 PAGE W H. Dr;t •�r} ®13_ i p•. �s '`ltsaton 4 Land Acquisition Description) The City of Naples has previously acquired vacant property for the development of affordable housing utilising Community Development Block Grant (CDBG) funds. Beginning in fiscal year 1994 -93, the housing assistance plan will begin to implement a land acquisition program. The initial focus of the program will be the acquisition of vacant land which can be developed for home 'r ownership opportunities. As the program expands in future years, some acquisition of existing single family homes may be pursued. Amount of INIP Assistance Availablet {t `• TY 92 -93 $0 k' TY 93 -94 $0 TY 94 -93 $0 ftits,to be AssAstede PY 92 -93 0 TY 93 -94 O �' • TY 94 -95 0 Average Amount of SNIP Dollars Per Parcel riaxiaaM Amount of SNIP Dollars Per Parcel ell. S.. IT 92 -93 0 Very Low - income 0 Low- income TY 93 -94 0 Very Lox - income 0 Low- income TY 94 -95 0 Very Low- income 0 Low-income S 4.000 $10,000 S . r� ' 10DK 660 PAGE 112 -14- W -ls- : . `Raotiow O xoq- Disoriniaativn f,r Discrimination is strictly forbidden on the basis of race, creed, color, age, sex, familial status, handicap or national origin in the use of SHIP dollars. Section VI Reusing Partnership Collier County has always had a local housing partnership interested groups throughout the County whose Input hasbeen sought on affordable housing issues and in the preparation of �f the SHIP Program documents. Representatives of these groups have been invited to attend ' public meetings concerning the development of the Housing s.. Assistance Plan. Their Input will continue to be sought on the implementation and administration of the Housing Assistance Plan. A few of the existing groups who have been r+ consulted are$ 1. Affordable Housing Commission) 2. Banking Partnership of Collier county, 3. Rousing Partnership of Collier County, 1. Collier County sxtension service of the University of PL, S. Affordable Housing Task Force of Chamber of Commerce, 6. Immokalee Habitat for Humanity, 7. Saint Matthawe House, B. Alliance for the Mentally ill, 9. Collier. United for Rights and Equality, 10. Affordable Housing of Southwest Florida, 11. League of Women Votere,'and 32. Collier county Housing Authority. Many other non - profit organisations and individuals involved .;_ in affordable housing have provided their advice and p. suggestions. section 4X2 Public input and Dissemination of Information }' Letters were sent to various non - profit organisations input regarding public in the development of the SHIP sx. ' ordinance and Housing Assistance Plan. The City /County •� :• Affordable Housing Coereission solicited public Input on the SHIP Program at their February 18, 1993 meeting. s�rt: AN The Board of County Commissioners and Naples City Council have discussed the SHIP Program during public meetings in December 1992, January 1993 and March, 1993. Upon receipt of SHIP funds, there will be a 30 -day advertiew"nt period announcing fund availability and an application process. �i :•.. 600K ` 60 PAGE'Ra -ls- : . p�rY Section V111 Persons with special 11ousing Weeds All strategiem of the Housing Assistance Plan are Availablo to those with special needs. It is anticipated that wavy individuals with special housing needs may participate in the rehabilitation and emergency repair strategiem which will provide for housing modifications such as handicap ramps, grab bars or other necemsary repairs or changes. Other individuals with special housing needs may participate in impact fag relief programs or any other available strategies. It is anticipated that ten 910) units each year will bm �,•;• assisted for those with special housing needs. section IE Support services Participants in the Local Housing Assistance Program may be __ �•�; ... referred to a range of existing community support ucvices. y'•• Theme support services may• include homeowner maintenance, ^° money management assistance, transportation or lob training through the Collier County Cooperative Extension service. °.<• A brief list of some support services available to SHIP '; recipients includes A1. Job Training Partnership Act# }b: e. Heals on Wheelm# °.•' 3. Help on 9Fhaelm# 1 4. Community Transportations E. Collier county Division of Social Servicesg s. Batter Living for Senterm# 7. Collier County Council on Aging# ®. Tri -Co. Nutritional Program# !. Tri -Co. Senior Servicos# 10. senior Friendship Center - Health servicmal and z• Z. 11. Senior Cocsmssnity Service Employment Program. :f... section x outroacb and selection A4�•e.. �!. Applioationm for SHIP e6rvices will be received on an ongoing basis six weeks after a 30 -day advertising period and public awarcnmsm campaign including letters to social serviee sgancimm, public service announcements, newspaper -Y' advertisements and More. 1q• ?� Selection will be made among qualified applicants on m first -come, first -carve basis. BOOK � Asa, F-SatLon ZZ Time Table for XzpaudIture of Funds 3 4 9 A.: 'd &dtFwwq I ago=[ 1 2 ] 4 9 a 7 kwmmt of Cantrect- x I LVAWIb"of F%rds Y Y x x 4 S Infleftstlan of Acclicionts X It V Iffld"Laf-proo"Its I IOCK 060 pert IM r. 8B 1 1 :, If jy it �' ten x11 Intaes Llalts I; �Y t;��11e. of Pei $a 1 2 3 4 3 6 7 In, k saheld. X79 1hry Lw 114,630 16,73e 10,130 20,"11 22,630 :4,300 26,000 27,630 P: 'Lw : !23,430 26,100 30,130 33,500 36,200 30,900 41,350 ",230 leaden 11111 Affeedeblllty Lwmts Monthly Flit Or lent plus utlltty all, -0) i ',••; The fellwlns ahem indicates the affordeblllty tl/ws boned on 30% of ;near !awls. :4 • fJ Rr Feraorr 1 1n awsehsld 2 3 4 S 6 7 N ` �::: loot 060 Fact 116 Lam .:. 1346 411 471 524 566 603 631 tw 1316 671 754 an 903 973 1,059 1,106 Section 124 Generated Psads 7i ^" Any funds generated from loan repayments and interest earned on distributed funds will be placed in the Local Housing Aseistance Trust Fund and utilised with the same strategies as the Housing Assistance Plan. 7 /action 24 Administration j Adminiatration will represent lot of the total annual allocation of SHIP funds. • fJ 14. loot 060 Fact 116 ft Reidi;S°o Ashton- Attorney I oiA •, .. 9009 060 PAGE 117 �l9® I �V 7LVI Certification ,flct3oa �q�• =tl Collier County certifies thato 1. The availability of SRIF funds was advertised pursuant to �yF* 470- 9075(2)(a)or Florida Statutes or the availabLiity of SNIP �'• funds will be advertised pursuant to 9I- 37.005(6)(a)(1). 2. A maximum Award schedule to govern fund distribution at (+ ' a ,o. the local level has been adopted herein. 3. A process for selection of recipients for funds is ' included heroin. �.�yy' SRIP funds be z.� 4. ail will expanded in a manner which will ��•. insure that there will be no discrimination on the basis of handieapa race, creed, color, age, sex, familial status, or national origin. S. Recipients of funds will be required to contractually commit to program guidelines. S. The Florida Rousing finance Agency will be notified •�• ''' promptly if Collier County will bo unable to comply with the ..t provisions of the Plan. 7. An amended Plan will be submitted if 509 of the distributed funds have not bean encumbered by the mid -point of oath fiscal year, except in State FY 3992 -93. .W. S. The Plan conforms to the Rousing Element of the Collier County Comprehensive Plan. �..... . �,,:.:; �•.�.sr 9. Th® repreesntations contained in the Plan are true and accurate as of* the date of submission. l r.ii•DAai++B.r��•• 4 `,• �'ri'AFSESSB SOMM OF COVidTjC C0MMISSI0NEA3 EAOCR, CWX COLLIE COMM, FLORIDA URT L. SAUNDEA3, Chairman APP d as to,form and € legal su%ic ®near® ' Y•. 'f Reidi;S°o Ashton- Attorney I oiA •, .. 9009 060 PAGE 117 �l9® CM 40 CD 04 0 CD C.) CD 21 cm 0 C..) 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' 9 w y 7 D En O _ v¢ m w 3 m S Z Z 'O t Qi C C L tT E O Z C C C y L F a° c a y O O 2 C .y 0 2 d � G m � m 3 m N C 0 H �2 m 4 c °, N ;ti � Q Ol y c m G 3 E D7 c 9 w o 0 — i 'O E E O y d i y O O 2 U Q c U. 0 o. Q a o o ? o a ~p d ca 3 m e R y 3 pa u'K 30 0 O 'c c Z a n _0 a J .i v S t8B Attachment 4 Collier County Local Housing Assistance Plan FY 2002, 2003, and 2004 CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION ` Local Government: Collier Countv (1) The local government will advertise the availability of SHIP funds pursuant to Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. (3) A process for selection of recipients for funds has been developed. (4) The eligible municipality or county has developed a qualification system for applications for awards. (5) Recipients of funds will be required to contractually commit to program guidelines. (6) The Florida Housing Finance Corporation will be notified promptly if the local government (or interlocal entity) will be unable to comply with the provisions the plan. (7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in which they are received. (8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the Local Housing Assistance Plan. (9) Amendments to the approved Local Housing Assistance Plan shall be provided to the Corporation with in 21 days after adoption. (10) The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys generated from activities such as interest earned on loans. (11) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. �8B Page 2 Certification 1 (12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audits will be forwarded to the Corporation as soon as available. 13) An interlocal entity shall have its local housing assistance trust fund separately audited for each state fiscal year, and the audit forwarded to the Corporation as soon as possible. (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service ' eligible persons. no (17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least annually for 15 years for compliance with tenant income requirements and affordability requirements. Attest: DWIGHT E. BROCK, Clerk Approved as to legal form and sufficiency: Patrick G. White, Assistant County Attorney Board of County Commissioners Collier County, Florida JAMES D. CARTER PhD, Chairman U e 1 RESOLUTION NO. 2001- 2 3 4 5 RESOLUTION APPROVING THE LOCAL HOUSING 6 ASSISTANCE PLAN FOR FISCAL YEARS 2001 -2002, 2002 -2003, 7 AND 2003 -2004 AS REQUIRED BY THE FLORIDA STATE 8 HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM; 9 APPROVING A MAXIMUM AWARD SCHEDULE; to MAINTAINING ADMINISTRATIVE COSTS OF THE LOCAL 11 AFFORDABLE HOUSING ASSISTANCE PLAN AT A MAXIMUM 12 OF TEN PERCENT OF THE TOTAL SHIP ALLOCATION; 13 AUTHORIZING SUBMISSION OF THE LOCAL HOUSING 14 ASSISTANCE PLAN TO THE FLORIDA HOUSING FINANCE 15 CORPORATION FOR REVIEW AND APPROVAL; 16 AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE 17 CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS; 18 APPROVING THE INTERLOCAL AGREEMENT BETWEEN 19 COLLIER COUNTY AND THE CITY OF NAPLES; AND 20 APPROVING THE EFFECTIVE DATES. 21 22 23 24 25 WHEREAS, the Florida State Legislature enacted the William E. Sadowski 26 Affordable Housing Act on July 7, 1992 (the "Act "), Section 420.907, et seq., Florida 27 Statutes, Chapter 91 -37, Florida Administrative Code, as a comprehensive funding 28 package for state and local housing programs to better enable local governments to meet 29 their responsibilities for affordable housing in accordance with their comprehensive 30 plans; and 31 WHEREAS, pursuant to the Act, the State will allocate a portion of new and 32 existing documentary stamp taxes on deeds to local governments for development and 33 maintenance of affordable housing; and 34 WHEREAS, the Board of County Commissioners of Collier County Florida 35 enacted Collier County Ordinance No. 93 -19 on April 13, 1993 establishing the Collier 36 County Local Housing Assistance Plan; and 37 WHEREAS, through Resolution No. 93 -159 the Board of County Commissioners 38 adopted a three year Local Housing Assistance Plan outlining the intended use of SHIP 39 funds for fiscal years 1992 -1993, 1993 -1994, and 1994 -1995; and 1 �8B I WHEREAS, though Resolution No. 95 -284 the Board of County Commissioners r 2 adopted a three year Local Housing Assistance Plan outlining the intended use of SHIP 3 1' funds for fiscal years 1995 -1996, 1996 -1997, and 1997 -1998; and 4 WHEREAS, the Act requires in order to qualify for additional SHIP Funds, local 5 governments must develop a new one to three year Local Housing Assistance Plan 6 outlining the local government's use of SHIP Funds; and 7 WHEREAS, the Act also requires the local government to adopt a maximum 8 award schedule, an average cost per unit, and a maximum cost per unit for eligible ' 9 housing benefiting from SHIP Awards; and ? to WHEREAS, the Act limits the administrative costs of the Local Housing 11 Assistance Program to five percent (5 %) of the total SHIP allocation unless the Board of 12 County Commissioners, by this resolution, increases the percentage to a maximum of ten "i 13 percent (10 %); and -x 14 WHEREAS, it is in the best interest of Collier County to qualify for the SHIP 15 I Funds, and all action taken by the County in furtherance of such qualification is for a 16 valid County purpose. 17 NOW, THEREFORE, be it resolved by the Board of County Commissioners of _ 18 Collier County, Florida, that: g 19 1. The Board of County Commissioners hereby approves the Three Year 20 Local Housing Assistance Plan for fiscal years 2001 -2002, 2002 -2003, and 2003 -2004. 21 2. The maximum award schedule for SHIP Funds under the Local Housing 22 Assistance Program shall be $50,000 per eligible unit. i 23 3. The average cost per unit for eligible housing benefiting from SHIP 24 Awards shall be $80,000. 25 4. The maximum cost per unit for eligible housing benefiting from awards 26 made pursuant to the SHIP program shall not exceed $118;264 for existing units and 27 $106,365 for newly constructed eligible housing units. F 1 5. The annual administration costs of the Local Housing Assistance Program 2 shall be maintained at ten percent (10 %) of the local SHIP allocation. 3 6. The Chairman of the Board of County Commissioners is authorized to 4 submit the Local Housing Assistance Plane, a copy of which is attached hereto and made 5 part hereof, to the State of Florida Housing Finance Corporation for its review and 6 approval. 7 7. The Chairman of the Board of County Commissioners is authorized to 8 execute the certifications annexed to the Housing Assistance Plan on behalf of the 9 County. to 8. The Chairman of the Board of County Commissioners hereby is 11 authorized to execute the Interlocal Agreement between Collier County and the City of 12 Naples adopting the Parties' implementation of the Local Housing Assistance Plan 13 adopted herein by reference. 14 9. This Resolution shall take effect immediately upon its adoption. 15 16 This resolution adopted after motion, second, and majority vote favoring same 17 18 19 20 DATED: BOARD OF COUNTY COMMISSIONERS 21 COLLIER COUNTY FLORIDA 22 ATTEST: 23 24 25 By: 26 DWIGHT E. BROCK, CLERK JAMES D. CARTER, Ph.D., CHAIRMAN 27 28 29 30 31 32 , ED AS TO FORM AND LEGAL 33 C ; 34 35 36 PATRICK G. WHITE 37 ASSISTANT COUNTY ATTORNEY 38 3 COLLIER COUNTY HOUSING AUTHORITY PH t8,9. A PLAN 94 Consolidated Plan One -Year Action Plan FY 2003 -2004 Collier County, Florida a U.S. Department of Housing and Urban Development Office of Public and Indian Housing PHA Plans a. COLLIER COUNTY HOUSING AUTHORITY NOTE: THIS PHA PLANS TEMPLATE (HUD 50075) IS TO BE COMPLETED IN ACCORDANCE WITH INSTRUCTIONS LOCATED IN APPLICABLE PIH NOTICES PHA Plan Agency Identification PHA Name: Collier County Housing Authority PHA Number: FL 141 PHA Fiscal Year Beginning: Oct. 1, 2003 Public Access to Information Information regarding any activities outlined in this plan can be obtained by contacting: (select all that apply) ® Main administrative office of the PHA 1800 Farm Worker Way, Immokalee, FL 34142 ❑ PHA development management offices ® PHA local offices Section 8 Office, 237 Airport Road South, Naples, FL 34104 Display Locations For PHA Plans and Supporting Documents The PHA Plans (including attachments) are available for public inspection at: (select all that apply) ® Main administrative office of the PHA 1800 Farm Worker Way, Immokalee, FL 34142 ❑ PHA development management offices ® PHA local offices Section 8 Office, 237 Airport Road South, Naples, FL 34104 ❑ Main administrative office of the local government ® Main administrative office of the County government ❑ Main administrative office of the State government ❑ Public library ❑ PHA website ❑ Other (list below) PHA Plan Supporting Documents are available for inspection at: (select all that apply) ® Main business office of the PHA 1800 Farm Worker Way, Immokalee, FL 34142 ❑ PHA development management offices ❑ Other (list below) Annual PHA Plan PHA Fiscal Year 2003 [24 CFR Part 903.7] ❑ Standard Plan Streamlined Plan: High Performing PHA Small Aiiencv (<250 Public Housing Units Troubled Agency Plan ii. Executive Summary of the Annual PHA Plan [24 CFR Part 903.7 9 (r)] W. Annual Plan Table of Contents [24 CFR Part 903.7 9 (r)] Provide a table of contents for the Annual Plan, including attachments, and a list of supporting documents available for public inspection. Table of Contents Page # Annual Plan i. Annual Plan Type 2 ii. Executive Summary 2 iii. Table of Contents 3 1. Housing Needs 6 2. Financial Resources 12 3. Policies on Eligibility, Selection and Admissions 13 4. Rent Determination Policies 22 5. Operations and Management Policies 26 6. Grievance Procedures 29 7. Capital Improvement Needs 29 8. Demolition and Disposition 31 9. Designation of Housing 32 10. Conversions of Public Housing 33 11. Homeownership 34 12. Community Service Programs 36 13. Crime and Safety 39 14. Pets (Inactive for January 1 PHAs) 41 15. Civil Rights Certifications (included with PHA Plan Certifications) 41 16. Audit 42 17. Asset Management 42 18. Other Information 43 19. Attachments '•i Attachments Required Attachments: NONE ❑ Admissions Policy for Deconcentration ❑ FY 2000 Capital Fund Program Annual Statement ❑ Most recent board- approved operating budget (Required Attachment for PHAs that are troubled or at risk of being designated troubled ONLY) Optional Attachments: ❑ PHA Management Organizational Chart ❑ FY 2000 Capital Fund Program 5 Year Action Plan ❑ Public Housing Drug Elimination Program (PHDEP) Plan ❑ Comments of Resident Advisory Board or Boards (must be attached if not included in PHA Plan text) ❑ Other (List below, providing each attachment name) Documents Available for Review List of Supporting Documents Available for Review Applicable Supporting Document Applicable Plan & Component On Display XX PHA Plan Certifications of Compliance with the PHA Plans 5 Year and Annual Plans and Related Regulations XX State/Local Government Certification of Consistency with 5 Year and Annual Plans the Consolidated Plan XX Fair Housing Documentation: 5 Year and Annual Plans Records reflecting that the PHA has examined its programs or proposed programs, identified any impediments to fair housing choice in those programs, addressed or is addressing those impediments in a reasonable fashion in view of the resources available, and worked or is working with local jurisdictions to implement any of the jurisdictions' initiatives to affirmatively further fair housing that require the PHA's involvement. XX Consolidated Plan for the jurisdiction /s in which the PHA is Annual Plan: located (which includes the Analysis of Impediments to Fair Housing Needs Housing Choice (Al))) and any additional backup data to support statement of housing needs in the jurisdiction NA Most recent board- approved operating budget for the public Annual Plan: housing program Financial Resources; NA Public Housing Admissions and (Continued) Occupancy Annual Plan: Eligibility, Policy (A &O), which includes the Tenant Selection and Selection, and Admissions Assignment Plan [TSAP] Policies XX Section 8 Administrative Plan Annual Plan: Eligibility, Selection, and Admissions List of Supporting Documents Available for Review Applicable Supporting Document Applicable Plan & Component On Display Policies NA Public Housing Deconcentration and Income Mixing Annual Plan: Eligibility, Documentation: Selection, and Admissions 1. PHA board certifications of compliance with Policies deconcentration requirements (section 16(a) of the US Housing Act of 1937, as implemented in the 2/18/99 Quality Housing and Work Responsibility Act Initial Guidance; Notice and any further HUD guidance) and 2. Documentation of the required deconcentration and income mixing analysis NA Public housing rent determination policies, including the Annual Plan: Rent methodology for setting public housing flat rents Determination ❑ check here if included in the public housing A & O Policy NA Schedule of flat rents offered at each public housing Annual Plan: Rent development Determination ❑ check here if included in the public housing A & O Policy XX Section 8 rent determination (payment standard) policies Annual Plan: Rent ® check here if included in Section 8 Determination Administrative Plan NA Public housing management and maintenance policy Annual Plan: Operations documents, including policies for the prevention or and Maintenance eradication of pest infestation (including cockroach infestation) NA Public housing grievance procedures Annual Plan: Grievance ❑ check here if included in the public housing Procedures A & O Policy XX Section 8 informal review and hearing procedures Annual Plan: Grievance ® check here if included in Section 8 Procedures Administrative Plan NA The HUD - approved Capital Fund/Comprehensive Grant Annual Plan: Capital Needs Program Annual Statement (HUD 52837) for the active grant year NA Most recent CIAP Budget/Progress Report (HUD 52825) for Annual Plan: Capital Needs any active CIAP grant NA Most recent, approved 5 Year Action Plan for the Capital Annual Plan: Capital Needs Fund /Comprehensive Grant Program, if not included as an attachment (provided at PHA option) NA Approved HOPE VI applications or, if more recent, Annual Plan: Capital Needs approved or submitted HOPE VI Revitalization Plans or any other approved proposal for development of public housing NA Approved or submitted applications for demolition and /or Annual Plan: Demolition disposition of public housing and Disposition NA Approved or submitted applications for designation of public Annual Plan: Designation of housing (Designated Housing Plans) Public Housing NA Approved or submitted assessments of reasonable Annual Plan: Conversion of revitalization of public housing and approved or submitted Public Housing List of Supporting Documents Available for Review Applicable Supporting Document Applicable Plan & Supply Component On Display Size Location conversion plans prepared pursuant to section 202 of the ability 1996 HUD Appropriations Act bilit NA Approved or submitted public housing homeownership Annual Plan: 2,576 programs/plans Homeownership NA Policies governing any Section 8 Homeownership program Annual Plan: 3 ❑ check here if included in the Section 8 Homeownership Administrative Plan NA Any cooperative agreement between the PHA and the TANF Annual Plan: Community Income >30% but agency Service & Self-Sufficiency XX FSS Action Plan/s for public housing and /or Section 8 Annual Plan: Community 4 2 Service & Self - Sufficienc XX Most recent self- sufficiency (ED /SS, TOP or ROSS or other Annual Plan: Community resident services ant ) grant program reports Service & Self-Sufficiency NA The most recent Public Housing Drug Elimination Program Annual Plan: Safety and (PHEDEP) semi - annual performance report for any open Crime Prevention grant and most recently submitted PHDEP application ( PHDEP Plan) XX The most recent fiscal year audit of the PHA conducted Annual Plan: Annual Audit under section 5(h)(2) of the U.S. Housing Act of 1937 (42 U. S.C. 1437c(h)), the results of that audit and the PHA's response to any findings NA Troubled PHAs: MOA/Recovery Plan Troubled PHAs NA Other supporting documents (optional) (specify as needed) (list individually; use as many lines as necessary) 1. Statement of Housing Needs [24 CFR Part 903.7 9 (a)] A. Housing Needs of Families in the Jurisdiction/s Served by the PHA Housing Needs of Families in the Jurisdiction by Family Type Family Type Overall Afford- Supply Quality Accessi Size Location ability bilit Income <= 30% 2,576 5 5 4 1 3 3 of AMI Income >30% but 2,353 5 5 4 1 4 2 < =50% of AMI K88,' Housing Needs of Families in the Jurisdiction by Family Type Family Type Overall Afford- Supply Quality Accessi Size Location ability bilit Income >50% but 3,975 3 4 2 1 2 2 <80% of AMI Elderly 1,571 3 3 2 1 2 1 1 Families with Disabilities Race/Ethmcity 1,285 4 4 3 1 2 1 White -Non His p. Race/Ethnicity 68 4 4 3 1 3 2 Black -Non His p. Race/Ethnicity 212 5 5 4 1 5 2 Hispanic Race/Ethnicity What sources of information did the PHA use to conduct this analysis? (Check all that apply; all materials must be made available for public inspection.) ® Consolidated Plan of the Jurisdiction/s Indicate year: 1995 ® U.S. Census data: the Comprehensive Housing Affordability Strategy ( "CHAS ") dataset ❑ American Housing Survey data Indicate year: ❑ Other housing market study Indicate year: ❑ Other sources: (list and indicate year of information) B. Housing Needs of Families on the Public Housing and Section 8 Tenant- Based Assistance Waiting Lists Housing Needs of Families on the Waiting List Waiting list type: (select one) ® Section 8 tenant -based assistance r8 .- Housing Needs of Families on the Waiting List Public Housing ❑ Combined Section 8 and Public Housing ❑ Public Housing Site -Based or sub jurisdictional waiting list (optional) If used, identif y which develo ment/sub'urisdiction: # of families % of total families Annual Turnover Waiting list total 660 Extremely low income < =30% AMI 642 97% Very low income ( >30% but < =50% AMI) 18 3% Low income ( >50% but <80% AMI) 0 0% Families with children 479 73 Elderly families 47 7% Families with Disabilities 134 20% Race /ethnicity White 125 19% Race /ethnicity Black 248 38% Race /ethnicity Hispanic 284 43% Race/ethnicity 3 0 % (Non Hispanic) Characteristics by Bedroom Size (Public Housing Only) 1BR 253 38% 2 BR 296 45% 3 BR 94 14% 4 B 16 2% 5 B 1 0% 5+ BR Is the waiting list closed (select one)? ❑ No ® Yes Applications are taken once per year during the month of December. If yes: How long has it been closed (# of months)? 12 months • r • r Housing Needs of Families on the Waiting List Does the PHA expect to reopen the list in the PHA Plan year? Lf No NYes Does the PHA permit specific categories of families onto the waiting list, even if generally closed? ® No ❑ Yes (1) Strategies Need: Shortage of affordable housing for all eligible populations Strategy 1. Maximize the number of affordable units available to the PHA within its current resources bv: ❑ Employ effective maintenance and management policies to minimize the number of public housing units off -line ❑ Reduce turnover time for vacated public housing units ❑ Reduce time to renovate public housing units ❑ Seek replacement of public housing units lost to the inventory through mixed finance development ❑ Seek replacement of public housing units lost to the inventory through section 8 replacement housing resources ❑ Maintain or increase section 8 lease -up rates by establishing payment standards that will enable families to rent throughout the jurisdiction ® Undertake measures to ensure access to affordable housing among families assisted by the PHA, regardless of unit size required ® Maintain or increase section 8 lease -up rates by marketing the program to owners, particularly those outside of areas of minority and poverty concentration ❑ Maintain or increase section 8 lease -up rates by effectively screening Section 8 applicants to increase owner acceptance of program ® Participate in the Consolidated Plan development process to ensure coordination with broader community strategies ❑ Other (list below) 2: Increase the number of affordable housing units bv: ® Apply for additional section 8 units should they become available ❑ Leverage affordable housing resources in the community through the creation of mixed - finance housing ® Pursue housing resources other than public housing or Section 8 tenant -based assistance. ❑ Other: (list below) Need: Specific Family Types: Families at or below 30% of median 1: Target available assistance to families at or below 30 % of AMI 0� ❑ Exceed HUD federal targeting requirements for families at or below 30% of AMI in public housing ❑ Exceed HUD federal targeting requirements for families at or below 30% of AMI in tenant -based section 8 assistance ❑ Employ admissions preferences aimed at families with economic hardships ❑ Adopt rent policies to support and encourage work ❑ Other: (list below) Need: Specific Family Types: Families at or below 50% of median 1: Target available assistance to families at or below 50% of AMI (NOW ❑ Employ admissions preferences aimed at families who are working ❑ Adopt rent policies to support and encourage work ❑ Other: (list below) Need: Specific Family Types: The Elderly 1: Target available assistance to the elderlv: ❑ Seek designation of public housing for the elderly ® Apply for special - purpose vouchers targeted to the elderly, should they become available ❑ Other: (list below) Need: Specific Family Types: Families with Disabilities Strategy l: Target available assistance to Families with Disabilities: �Il ❑ Seek designation of public housing for families with disabilities ❑ Carry out the modifications needed in public housing based on the section 504 Needs Assessment for Public Housing ® Apply for special- purpose vouchers targeted to families with disabilities, should they become available ❑ Affirmatively market to local non - profit agencies that assist families with disabilities ❑ Other: (list below) Need: Specific Family Types: Races or ethnicities with disproportionate housing needs Strategy 1: Increase awareness of PHA resources among families of races and ethmcities with disproportionate needs: ,lcfif' pplaie ® Affirmatively market to races /ethnicities shown to have disproportionate housing needs ❑ Other: (list below) Strategy 2 Conduct activities to affirmatively further fair housing elet ail fihat `�PtilY ft ® Counsel section 8 tenants as to location of units outside of areas of poverty or minority concentration and assist them to locate those units ® Market the section 8 program to owners outside of areas of poverty /minority concentrations ❑ Other: (list below) Other Housing Needs & Strategies: (list needs and strategies below) (2) Reasons for Selecting Strategies Of the factors listed below, select all that influenced the PHA's selection of the strategies it will pursue: ® Funding constraints ❑ Staffing constraints ❑ Limited availability of sites for assisted housing ❑ Extent to which particular housing needs are met by other organizations in the community ® Evidence of housing needs as demonstrated in the Consolidated Plan and other information available to the PHA ❑ Influence of the housing market on PHA programs • R ❑ Community priorities regarding housing assistance ® Results of consultation with local or state government ® Results of consultation with residents and the Resident Advisory Board ❑ Results of consultation with advocacy groups ❑ Other: (list below) 2. Statement of Financial Resources 2. Prior Year Federal Grants (unobligated funds only) (list below) Family Self Sufficiency Financial Resources: Planned Sources and Uses Sources Planned $ Planned Uses 1. Federal Grants (FY 2000 rants) a) Public Housing Operating Fund b) Public Housing Capital Fund c) HOPE VI Revitalization`' d) HOPE VI Demolition e) Annual Contributions for Section $3,343,467(Vouchers) 8 Tenant -Based Assistance $49,896 (Special Fee) $18,349 (Mod Rehab) 2. Prior Year Federal Grants (unobligated funds only) (list below) Family Self Sufficiency Financial Resources: Planned Sources and Uses Sources Planned $ Planned Uses 3. Public Housing Dwelling Rental Income 4. Other income (list below) 4. Non - federal sources (list below) Total resources $3,511,712.00 3. PHA Policies Governing Eligibility, Selection, and Admissions [24 CFR Part 903.7 9 (c)] (1) Eligibility a. When does the PHA verify eligibility for admission to public housing? (select all that apply) ❑ When families are within a certain number of being offered a unit: (state number) ❑ When families are within a certain time of being offered a unit: (state time) ❑ Other: (describe) b. Which non - income (screening) factors does the PHA use to establish eligibility for admission to public housing (select all that apply)? ❑ Criminal or Drug- related activity ❑ Rental history ❑ Housekeeping ❑ Other (describe) c. ❑ Yes ❑ No: Does the PHA request criminal records from local law enforcement agencies for screening purposes? 88 *° d. ❑ Yes ❑ No: Does the PHA request criminal records from State law enforcement agencies for screening purposes? e. ❑ Yes ❑ No: Does the PHA access FBI criminal records from the FBI for screening purposes? (either directly or through an NCIC- authorized source) ()Waiting List Organization a. Which methods does the PHA plan to use to organize its public housing waiting list (select all that apply) ❑ Community -wide list ❑ Sub jurisdictional lists ❑ Site -based waiting lists ❑ Other (describe) b. Where may interested persons apply for admission to public housing? ❑ PHA main administrative office ❑ PHA development site management office ❑ Other (list below) c. If the PHA plans to operate one or more site -based waiting lists in the coming year, answer each of the following questions; if not, skip to subsection (3) Assignment 1. How many site -based waiting lists will the PHA operate in the coming year? 2. ❑ Yes ❑ No: Are any or all of the PHA's site -based waiting lists new for the upcoming year (that is, they are not part of a previously -HUD- approved site based waiting list plan)? If yes, how many lists? 3. ❑ Yes ❑ No: May families be on more than one list simultaneously If yes, how many lists? 4. Where can interested persons obtain more information about and sign up to be on the site -based waiting lists (select all that apply)? ❑ PHA main administrative office ❑ All PHA development management offices ❑ Management offices at developments with site -based waiting lists ❑ At the development to which they would like to apply ❑ Other (list below) (3) Assignment a. How many vacant unit choices are applicants ordinarily given before they fall to the bottom of or are removed from the waiting list? (select one) ❑ One ❑ Two ❑ Three or More b. ❑ Yes ❑ No: Is this policy consistent across all waiting list types? c. If answer to b is no, list variations for any other than the primary public housing waiting list/s for the PHA: (4) Admissions Preferences a. Income targeting: ❑ Yes ❑ No: Does the PHA plan to exceed the federal targeting requirements by targeting more than 40% of all new admissions to public housing to families at or below 30% of median area income? b. Transfer policies: In what circumstances will transfers take precedence over new admissions? (list below) ❑ Emergencies ❑ Overhoused ❑ Underhoused ❑ Medical justification ❑ Administrative reasons determined by the PHA (e.g., to permit modernization work) ❑ Resident choice: (state circumstances below) ❑ Other: (list below) Preferences ❑ Yes ❑ No: Has the PHA established preferences for admission to public housing (other than date and time of application)? (If "no" is selected, skip to subsection (5) Occupancy) 2. Which of the following admission preferences does the PHA plan to employ in the coming year? (select all that apply from either former Federal preferences or other preferences) Former Federal preferences: ❑ Involuntary Displacement (Disaster, Government Action, Action of Housing Owner, Inaccessibility, Property Disposition) ❑ Victims of domestic violence ❑ Substandard housing ❑ Homelessness ❑ High rent burden (rent is > 50 percent of income) Other preferences: (select below) ❑ Working families and those unable to work because of age or disability ❑ Veterans and veterans' families ❑ Residents who live and/or work in the jurisdiction ❑ Those enrolled currently in educational, training, or upward mobility programs ❑ Households that contribute to meeting income goals (broad range of incomes) ❑ Households that contribute to meeting income requirements (targeting) ❑ Those previously enrolled in educational, training, or upward mobility programs ❑ Victims of reprisals or hate crimes ❑ Other preference(s) (list below) 3. If the PHA will employ admissions preferences, please prioritize by placing a "1" in the space that represents your first priority, a "2" in the box representing your second priority, and so on. If you give equal weight to one or more of these choices (either through an absolute hierarchy or through a point system), place the same number next to each. That means you can use "1" more than once, "2" more than once, etc. Date and Time Former Federal preferences: Involuntary Displacement (Disaster, Government Action, Action of Housing Owner, Inaccessibility, Property Disposition) Victims of domestic violence Substandard housing Homelessness High rent burden Other preferences (select all that apply) ❑ Working families and those unable to work because of age or disability ❑ Veterans and veterans' families ❑ Residents who live and/or work in the jurisdiction ❑ Those enrolled currently in educational, training, or upward mobility programs ❑ Households that contribute to meeting income goals (broad range of incomes) ❑ Households that contribute to meeting income requirements (targeting) ❑ Those previously enrolled in educational, training, or upward mobility programs ❑ Victims of reprisals or hate crimes ❑ Other preference(s) (list below) 4. Relationship of preferences to income targeting requirements: ❑ The PHA applies preferences within income tiers ❑ Not applicable: the pool of applicant families ensures that the PHA will meet income targeting requirements (5) Occupancy a. What reference materials can applicants and residents use to obtain information about the rules of occupancy of public housing (select all that apply) ❑ The PHA - resident lease ❑ The PHA's Admissions and (Continued) Occupancy policy ❑ PHA briefing seminars or written materials ❑ Other source (list) b. How often must residents notify the PHA of changes in family composition? (select all that apply) ❑ At an annual reexamination and lease renewal ❑ Any time family composition changes ❑ At family request for revision ❑ Other (list) (6) Deconcentration and Income Mixing a. ❑ Yes ❑ No: Did the PHA's analysis of its family (general occupancy) developments to determine concentrations of poverty indicate the need for measures to promote deconcentration of poverty or income mixing? b. ❑ Yes ❑ No: Did the PHA adopt any changes to its admissions policies based on the results of the required analysis of the need to promote deconcentration of poverty or to assure income mixing? c. If the answer to b was yes, what changes were adopted? (select all that apply) ❑ Adoption of site -based waiting lists If selected, list targeted developments below: ❑ Employing waiting list "skipping" to achieve deconcentration of poverty or income mixing goals at targeted developments If selected, list targeted developments below: ❑ Employing new admission preferences at targeted developments If selected, list targeted developments below: ❑ Other (list policies and developments targeted below) d. ❑ Yes ❑ No: Did the PHA adopt any changes to other policies based on the results of the required analysis of the need for deconcentration of poverty and income mixing? e. If the answer to d was yes, how would you describe these changes? (select all that apply) ❑ Additional affirmative marketing ❑ Actions to improve the marketability of certain developments ❑ Adoption or adjustment of ceiling rents for certain developments ❑ Adoption of rent incentives to encourage deconcentration of poverty and income - mixing ❑ Other (list below) f. Based on the results of the required analysis, in which developments will the PHA make special efforts to attract or retain higher- income families? (select all that apply) ❑ Not applicable: results of analysis did not indicate a need for such efforts ❑ List (any applicable) developments below: g. Based on the results of the required analysis, in which developments will the PHA make special efforts to assure access for lower - income families? (select all that apply) ❑ Not applicable: results of analysis did not indicate a need for such efforts ❑ List (any applicable) developments below: B. Section 8 I (1) Eligibility a. What is the extent of screening conducted by the PHA? (select all that apply) ® Criminal or drug- related activity only to the extent required by law or regulation ❑ Criminal and drug- related activity, more extensively than required by law or regulation ❑ More general screening than criminal and drug- related activity (list factors below) ❑ Other (list below) b. ® Yes ❑ No: Does the PHA request criminal records from local law enforcement agencies for screening purposes? c. ❑ Yes ® No: Does the PHA request criminal records from State law enforcement agencies for screening purposes? d. ❑ Yes ® No: Does the PHA access FBI criminal records from the FBI for screening purposes? (either directly or through an NCIC- authorized source) e. Indicate what kinds of information you share with prospective landlords? (select all that apply) ® Criminal or drug- related activity (Only to the extent this information is adequately documented and known by the CCHA, and only upon written request from the landlord) ❑ Other (describe below) (2) Waiting List Organization a. With which of the following program waiting lists is the section 8 tenant -based assistance waiting list merged? (select all that apply) ® None ❑ Federal public housing ❑ Federal moderate rehabilitation ❑ Federal project -based certificate program ❑ Other federal or local program (list below) b. Where may interested persons apply for admission to section 8 tenant -based assistance? (select all that apply) ® PHA main administrative office ® Other (list below) Section 8 Office 237 Airport Road South Naples, Florida 34104 (3) Search Time a. ® Yes ❑ No: Does the PHA give extensions on standard 60 -day period to search for a unit? If yes, state circumstances below: The housing authority gives two additional 30 -day extensions for families who request it and show they have been actively looking. (4) Admissions Preferences a. Income targeting ❑ Yes ® No: Does the PHA plan to exceed the federal targeting requirements by targeting more than 75% of all new admissions to the section 8 program to families at or below 30% of median area income? b. Preferences 1. ❑ Yes ® No: Has the PHA established preferences for admission to section 8 tenant -based assistance? (other than date and time of application) (if no, skip to subcomponent (5) Special purpose section 8 assistance programs) 2. Which of the following admission preferences does the PHA plan to employ in the coming year? (select all that apply from either former Federal preferences or other preferences) None Former Federal preferences ❑ Involuntary Displacement (Disaster, Government Action, Action of Housing Owner, Inaccessibility, Property Disposition) ❑ Victims of domestic violence ❑ Substandard housing ❑ Homelessness ❑ High rent burden (rent is > 50 percent of income) Other preferences (select all that apply) ❑ Working families and those unable to work because of age or disability ❑ Veterans and veterans' families ❑ Residents who live and/or work in your jurisdiction ❑ Those enrolled currently in educational, training, or upward mobility programs `• r • r ❑ Households that contribute to meeting income goals (broad range of incomes) ❑ Households that contribute to meeting income requirements (targeting) ❑ Those previously enrolled in educational, training, or upward mobility programs ❑ Victims of reprisals or hate crimes ❑ Other preference(s) (list below) 3. If the PHA will employ admissions preferences, please prioritize by placing a "1" in the space that represents your first priority, a "2" in the box representing your second priority, and so on. If you give equal weight to one or more of these choices (either through an absolute hierarchy or through a point system), place the same number next to each. That means you can use "1" more than once, "2" more than once, etc. 1 Date and Time Former Federal preferences Involuntary Displacement (Disaster, Government Action, Action of Housing Owner, Inaccessibility, Property Disposition) Victims of domestic violence Substandard housing Homelessness High rent burden Other preferences (select all that apply) ❑ Working families and those unable to work because of age or disability ❑ Veterans and veterans' families ❑ Residents who live and/or work in your jurisdiction ❑ Those enrolled currently in educational, training, or upward mobility programs ❑ Households that contribute to meeting income goals (broad range of incomes) ❑ Households that contribute to meeting income requirements (targeting) ❑ Those previously enrolled in educational, training, or upward mobility programs ❑ Victims of reprisals or hate crimes ❑ Other preference(s) (list below) 4. Among applicants on the waiting list with equal preference status, how are applicants selected? (select one) ® Date and time of application ❑ Drawing (lottery) or other random choice technique f 5. If the PHA plans to employ preferences for "residents who live and/or work in the jurisdiction" (select one) ❑ This preference has previously been reviewed and approved by HUD ❑ The PHA requests approval for this preference through this PHA Plan 6. Relationship of preferences to income targeting requirements: (select one) ❑ The PHA applies preferences within income tiers ® Not applicable: the pool of applicant families ensures that the PHA will meet income targeting requirements (5) Special Purpose Section 8 Assistance Programs a. In which documents or other reference materials are the policies governing eligibility, selection, and admissions to any special- purpose section 8 program administered by the PHA contained? (select all that apply) ® The Section 8 Administrative Plan ® Briefing sessions and written materials ❑ Other (list below) b. How does the PHA announce the availability of any special- purpose section 8 programs to the public? ® Through published notices ❑ Other (list below) 4. PHA Rent Determination Policies [24 CFR Part 903.7 9 (d)] a. Use of discretionary policies: (select one) ❑ The PHA will not employ any discretionary rent - setting policies for income based rent in public housing. Income -based rents are set at the higher of 30% of adjusted monthly income, 10% of unadjusted monthly income, the welfare rent, or minimum rent (less HUD mandatory deductions and exclusions). (If selected, skip to sub - component (2)) -- -or - -- rf. 8 8 ❑ The PHA employs discretionary policies for determining income based rent (If selected, continue to question b.) b. Minimum Rent 1. What amount best reflects the PHA's minimum rent? (select one) ❑ $0 ❑ $1 -$25 ❑ $26 -$50 2. ❑ Yes ❑ No: Has the PHA adopted any discretionary minimum rent hardship exemption policies? 3. If yes to question 2, list these policies below: c. Rents set at less than 30% than adjusted income 1. ❑ Yes ❑ No: Does the PHA plan to charge rents at a fixed amount or percentage less than 30% of adjusted income? 2. If yes to above, list the amounts or percentages charged and the circumstances under which these will be used below: d. Which of the discretionary (optional) deductions and /or exclusions policies does the PHA plan to employ (select all that apply) ❑ For the earned income of a previously unemployed household member ❑ For increases in earned income ❑ Fixed amount (other than general rent - setting policy) If yes, state amounts and circumstances below: ❑ Fixed percentage (other than general rent - setting policy) If yes, state percentage /s and circumstances below: ❑ For household heads ❑ For other family members ❑ For transportation expenses ❑ For the non - reimbursed medical expenses of non - disabled or non - elderly families ❑ Other (describe below) e. Ceiling rents 1. Do you have ceiling rents? (rents set at a level lower than 30% of adjusted income) (select one) ❑ Yes for all developments ❑ Yes but only for some developments ❑ No 2. For which kinds of developments are ceiling rents in place? (select all that apply) ❑ For all developments ❑ For all general occupancy developments (not elderly or disabled or elderly only) ❑ For specified general occupancy developments ❑❑ For certain parts of developments; e.g., the high -rise portion For certain size units; e.g., larger bedroom sizes ❑ Other (list below) 3. Select the space or spaces that best describe how you arrive at ceiling rents (select all that apply) ❑ Market comparability study ❑ Fair market rents (FMR) ❑ 95`h percentile rents ❑ 75 percent of operating costs ❑ 100 percent of operating costs for general occupancy (family) developments ❑ Operating costs plus debt service ❑ The "rental value" of the unit ❑ Other (list below) f. Rent re- determinations: 1. Between income reexaminations, how often must tenants report changes in income or family composition to the PHA such that the changes result in an adjustment to rent? (select all that apply) ❑ Never ❑ At family option ❑ Any time the family experiences an income increase ❑ Any time a family experiences an income increase above a threshold amount or percentage: (if selected, specify threshold) ❑ Other (list below) g. ❑ Yes ❑ No: Does the PHA plan to implement individual savings accounts for residents (ISAs) as an alternative to the required 12 month disallowance of earned income and phasing in of rent increases in the next year? (2) Flat Rents 1. In setting the market -based flat rents, what sources of information did the PHA use to establish comparability? (select all that apply.) ❑ The section 8 rent reasonableness study of comparable housing ❑ Survey of rents listed in local newspaper ❑ Survey of similar unassisted units in the neighborhood ❑ Other (list/describe below) B. Section 8 Tenant -Based Assistance a. What is the PHA's payment standard? (select the category that best describes your standard) ❑ At or above 90% but below 100% of FMR ® 100% of FMR ❑ Above 100% but at or below 110% of FMR ❑ Above 110% of FMR (if HUD approved; describe circumstances below) b. If the payment standard is lower than FMR, why has the PHA selected this standard? (select all that apply) *tA.f" =1, ❑ FMRs are adequate to ensure success among assisted families in the PHA's segment of the FMR area ❑ The PHA has chosen to serve additional families by lowering the payment standard ❑ Reflects market or submarket ❑ Other (list below) . r • r c. If the payment standard is higher than FMR, why has the PHA chosen this level? (select all that apply) &trA��"�'LI�$, ❑ FMRs are not adequate to ensure success among assisted families in the PHA's segment of the FMR area ❑ Reflects market or submarket ❑ To increase housing options for families ❑ Other (list below) d. How often are payment standards reevaluated for adequacy? (select one) ® Annually ❑ Other (list below) e. What factors will the PHA consider in its assessment of the adequacy of its payment standard? (select all that apply) ® Success rates of assisted families ® Rent burdens of assisted families ❑ Other (list below) 2) Minimum Rent a. What amount best reflects the PHA's minimum rent? (select one) ® $0 ❑ $1 -$25 ❑ $26 -$50 b. ❑ Yes ® No: Has the PHA adopted any discretionary minimum rent hardship exemption policies? (if yes, list below) 5. Operations and Management [24 CFR Part 903.7 9 (e)] A. PHA Management Structure (select one) ❑ An organization chart showing the PHA's management structure and organization is attached. ® A brief description of the management structure and organization of the PHA follows: I CCHA Board of Commissioners I Secretary Soc. Svc. Coordinator I Management Coordinator I Secretary Resident Mgr. I I Occ. Specialist Executive Director Director of Maintenance I Maint. Worker I Maint. Worker Maint. Worker I Maint. Worker I I Inspector Director of Administration Accounts Fiscal Receivable Coordinator • 1 Section 8 Coordinator Secretary Asst. Sec. 8 Coord. Interviewer • r • r B. HUD Programs Under PHA Program Name I Units or Families Served at Year Expected Turnover Public Housing Section 8 Vouchers 436 62 Section 8 Certificates Section 8 Mod Rehab 4 1 Special Purpose Section 8 CertificatesNouchers (list individually) Public Housing Drug Elimination Program Other Federal Programs(list I Farmers Home Admin 1 641 191 1 C. Management and Maintenance Policies (1) Public Housing Maintenance and Management: (list below) NOT AP"�ICAB, (2) Section 8 Management: (list below) Section 8 Administrative Plan HAP Contract Briefing Materials Ali 6. PHA Grievance Procedures [24 CFR Part 903.7 9 (f)] a A. Public Housing L ❑ Yes ❑ No: Has the PHA established any written grievance procedures in addition to federal requirements found at 24 CFR Part 966, Subpart B, for residents of public housing? If yes, list additions to federal requirements below: 2. Which PHA office should residents or applicants to public housing contact to initiate the PHA grievance process? (select all that apply) ❑ PHA main administrative office ❑ PHA development management offices ❑ Other (list below) B. Section 8 Tenant -Based Assistance 1. ❑ Yes ® No: Has the PHA established informal review procedures for applicants to the Section 8 tenant -based assistance program and informal hearing procedures for families assisted by the Section 8 tenant - based assistance program in addition to federal requirements found at 24 CFR 982? If yes, list additions to federal requirements below: 2. Which PHA office should applicants or assisted families contact to initiate the informal review and informal hearing processes? (select all that apply) ® PHA Main Office (1800 Farm Worker Way, Immokalee, FL) ® Other (list below): PHA Section 8 office located at 237 Airport Road South, Naples, FL 7. Capital Improvement Needs A. Capital Fund Activities V�17 Select one: ❑ The Capital Fund Program Annual Statement is provided as an attachment to the PHA Plan at Attachment (state name) -or- The Capital Fund Program Annual Statement is provided below: (if selected, copy the CFP Annual Statement from the Table Library and insert here) a. ❑ Yes ❑ No: Is the PHA providing an optional 5 -Year Action Plan for the Capital Fund? (if no, skip to sub - component 713) b. If yes to question a, select one: ❑ The Capital Fund Program 5 -Year Action Plan is provided as an attachment to the PHA Plan at Attachment (state name -or- ❑ The Capital Fund Program 5 -Year Action Plan is provided below: (if selected, copy the CFP optional 5 Year Action Plan from the Table Library and insert here) B. HOPE VI and Public Housing Development and Replacement Activities (Non - Capital Fund) ❑ Yes ❑ No: a) Has the PHA received a HOPE VI revitalization grant? (if no, skip to question c; if yes, provide responses to question b for each grant, copying and completing as many times as necessary) b) Status of HOPE VI revitalization grant (complete one set of questions for each grant) Development name: 2. Development (project) number: 3. Status of grant: (select the statement that best describes the current status) ❑ Revitalization Plan under development ❑ Revitalization Plan submitted, pending approval ❑ Revitalization Plan approved ❑ Activities pursuant to an approved Revitalization Plan underway ❑ Yes ❑ No: c) Does the PHA plan to apply for a HOPE VI Revitalization grant in the Plan year? If yes, list development name /s below: ❑ Yes ❑ No: d) Will the PHA be engaging in any mixed- finance development activities for public housing in the Plan year? If yes, list developments or activities below: ❑ Yes ❑ No: e) Will the PHA be conducting any other public housing development or replacement activities not discussed in the Capital Fund Program Annual Statement? If yes, list developments or activities below: 8. Demolition and Disposition 000r [24 CFR Part 903.7 9 (h)] ppl caErat�ty 'cif coxnpai zit; 8<<t, S i a my P , gp ant,r, qu �d k� eqVlet€ 1. ❑ Yes ❑ No: Does the PHA plan to conduct any demolition or disposition activities (pursuant to section 18 of the U.S. Housing Act of 1937 (42 U.S.C. 1437p)) in the plan Fiscal Year? (If "No ", skip to component 9; if "yes ", complete one activity description for each development.) 2. Activity Description ❑ Yes ❑ No: Has the PHA provided the activities description information in the optional Public Housing Asset Management Table? (If "yes ", skip to component 9. If "No ", complete the Activity Description table below.) Acti 1 a. Development name: lb. Development (project) number: 2. Activity type: Demolition Disnositi 3. Application status (select one) Approved ❑ Submitted, pending approval ❑ Planned application ❑ 4. Date application approved, submitted, or planned for submission 5. Number of units affected: 6. Coverage of action (select one) ❑ Part of the development ❑ Total development 7. Timeline for activity: a. Actual or projected start date of activity: b. Projected end date of activitv: 9. Designation of Public Housing for Occupancy by Elderly Families or Families with Disabilities or Elderlv Families and Families with Disabilities [24 CFR Part 903.7 9 (i)] Exernpiic ns ;frr rrigonettt ;! S tiait ,c n y P s', ` ac? ,Ogvt d'.tr , pl0 .thi 1. ❑ Yes ❑ No: Has the PHA designated or applied for approval to designate or does the PHA plan to apply to designate any public housing for occupancy only by the elderly families or only by families with disabilities, or by elderly families and families with disabilities or will apply for designation for occupancy by only elderly families or only families with disabilities, or by elderly families and families with disabilities as provided by section 7 of the U.S. Housing Act of 1937 (42 U.S.C. 1437e) in the upcoming fiscal year? (If "No ", skip to component 10. If "yes ", complete one activity description for each development, unless the PHA is eligible to complete a streamlined submission; PHAs completing streamlined submissions may skip to component 10.) 2. Activity Description ❑ Yes ❑ No: Has the PHA provided all required activity description information for this component in the optional Public Housing Asset Management Table? If "yes ", skip to component 10. If "No ", complete the Activity Description table below. — Designation of Public Housing Activi 1 a. Development name: lb. Development (project) number: 2. Designation type: Occupancy by only the elderly ❑ Occupancy by families with disabilities ❑ Occupancy by only elderly families and families with disabilities 3. Application status (select one) Approved; included in the PHA's Designation Plan ❑ Submitted, pending approval ❑ Planned application ❑ 4. Date this designation approved, submitted, or planned for submission 5. If approved, will this designation constitute a (select one) ❑ New Designation Plan ❑ Revision of a previously- approved Designation Plan? 6. Number of units affected: 7. Coverage of action (select one) ❑ Part of the development 7 Total development T CFR Part 903.7 9 A. Assessments of Reasonable Revitalization Pursuant to section 202 of the HUD FY 1996 HUD Appropriations Act I. ❑ Yes ❑ No: Have any of the PHA's developments or portions of developments been identified by HUD or the PHA as covered under section 202 of the HUD FY 1996 HUD Appropriations Act? (If "No ", skip to component 11; if "yes ", complete one activity description for each identified development, unless eligible to complete a streamlined submission. PHAs completing streamlined submissions may skip to component 11.) 2. Activity Description ❑ Yes ❑ No: Has the PHA provided all required activity description information for this component in the optional Public Housing Asset Management Table? If "yes ", skip to component 11. If "No ", complete the Activity Description table below. Conversion of Public Housin 1 a. Development name: lb. Development (project) number - 2. What is the status of the required assessment? ❑ Assessment underwav Assessment results submitted to HUD ❑ Assessment results approved by HUD (if marked, proceed to next question) ❑ Other (explain below) 3. ❑ Yes ❑ No: Is a Conversion Plan required? (If yes, go to block 4; if no, go to block 5.) 4. Status of Conversion Plan (select the statement that best describes the current status) ❑ Conversion Plan in development ❑ Conversion Plan submitted to HUD on: (DD/MM/YYYY) ❑ Conversion Plan approved by HUD on: (DD/MM /YYYY) ❑ Activities pursuant to HUD - approved Conversion Plan underway 5. Description of how requirements of Section 202 are being satisfied by means other than conversion (select one) ❑ Units addressed in a pending or approved demolition application (date submitted or approved: ❑ Units addressed in a pending or approved HOPE VI demolition application (date submitted or approved: ) ❑ Units addressed in a pending or approved HOPE VI Revitalization Plan (date submitted or approved: ) ❑ Requirements no longer applicable: vacancy rates are less than 10 percent ❑ Requirements no longer applicable: site now has less than 300 units ❑ Other: (describe below) 11. Homeownership Programs Administered by the PHA [24 CFR Part 903.7 9 (k)] 1. ❑ Yes ❑ No: Does the PHA administer any homeownership programs administered by the PHA under an approved section 5(h) homeownership program (42 U.S.C. 1437c(h)), or an approved HOPE I program (42 U.S.C. 1437aaa) or has the PHA applied or • r • r • plan to apply to administer any homeownership programs under section 5(h), the HOPE I program, or section 32 of the U.S. Housing Act of 1937 (42 U.S.C. 1437z -4). (If "No ", skip to component 11 B; if "yes ", complete one activity description for each applicable program/plan, unless eligible to complete a streamlined submission due to small PHA or high performing PHA status. PHAs completing streamlined submissions may skip to component 11B.) 2. Activity Description ❑ Yes ❑ No: Has the PHA provided all required activity description information for this component in the optional Public Housing Asset Management Table? (If "yes ", skip to component 12. If "No ", complete the Activity Description table below.) Public Housing Homeownership Activity Description (Complete one for each development affected) 1 a. Development name: lb. Develo rn n (ro'ect) number: 2. Federal Program authority: ❑ HOPE I ❑ 5(h) ❑ Turnkey III ❑ Section 32 of the USHA of 1937 (effective 10/1/99) 3. Application status: (select one) ❑ Approved; included in the PHA's Homeownership Plan/Program ❑ Submitted, pending approval ❑ Planned application 4. Date Homeownership Plan/Program approved, submitted, or planned for submission: (DD /MM /YYYY) 5. Number of units affected: 6. Coverage of action: (select one) ❑ Part of the development ❑ Total development B. Section 8 Tenant Based Assistance 1. ❑ Yes ® No: Does the PHA plan to administer a Section 8 Homeownership program pursuant to Section 8(y) of the U.S.H.A. of 1937, as implemented by 24 CFR part 982 ? (If "No ", skip to component 12; if "yes ", describe each program using the table below (copy and complete questions for each program identified), unless the PHA is eligible to complete a streamlined submission due to high performer status. High performing PHAs may skip to component 12.) 2. Program Description: a. Size of Program ❑ Yes El No: Will the PHA limit the number of families participating in the section 8 homeownership option? If the answer to the question above was yes, number of participants? (select one) ❑ 25 or fewer participants ❑ 26 - 50 participants ❑ 51 to 100 participants more than 100 participants which statement best describes the b. PHA - established eligibility criteria W fir ) ❑ Yes ❑ No: Will the PHA's program have eligibility criteria for participation in its Section 8 Homeownership Option program in addition to HUD criteria? If yes, list criteria below: 12. PHA Community Service and Self - sufficiency Proerams [24 CFR Part 903.7 9 (I)l A. PHA Coordination with the Welfare (TANF) Agency B. I. Cooperative agreements: ❑ Yes ® No: Has the PHA has entered into a cooperative agreement with the TANF Agency, to share information and/or target supportive services (as contemplated by section 12(d)(7) of the Housing Act of 1937)? If yes, what was the date that agreement was signed? DD/MM /YY 2. Other coordination efforts between the PHA and TANF agency (select all that apply) ® Client referrals ® Information sharing regarding mutual clients (for rent determinations and otherwise) ® Coordinate the provision of specific social and self- sufficiency services and programs to eligible families ❑ Jointly administer programs ❑ Partner to administer a HUD Welfare -to -Work voucher program ❑ Joint administration of other demonstration program ❑ Other (describe) B. Services and programs offered to residents and participants (1) General a. Self- Sufficiency Policies Which, if any of the following discretionary policies will the PHA employ to enhance the economic and social self - sufficiency of assisted families in the following areas? (select all that apply) ❑ Public housing rent determination policies ❑ Public housing admissions policies ® Section 8 admissions policies ❑ Preference in admission to section 8 for certain public housing families ❑ Preferences for families working or engaging in training or education programs for non - housing programs operated or coordinated by the PHA ❑ Preference /eligibility for public housing homeownership option participation ❑ Preference /eligibility for section 8 homeownership option participation ❑ Other policies (list below) b. Economic and Social self - sufficiency programs ® Yes ❑ No: Does the PHA coordinate, promote or provide any programs to enhance the economic and social self - sufficiency of residents? (If "yes ", complete the following table; if "no" skip to sub - component 2, Family Self Sufficiency Programs. The position of the table may be altered to facilitate its use. ) Services and Programs Program Name & Description Estimated 'Allocation' Access Eligibility (including location, if appropriate) Size Method (development office / (public housing or rM (waiting PHA mainz office / section 1��aX1G 8� 00 list/randvrn +ether. provider name) participants or seleetion/specific ` b' oth) critefia/other) Job Training Limited Random — Work Force Council Open Poverty Income Guidelines Vocational Rehabilitation Unlimited Disability State of Florida Open Welfare Assistance Unlimited Random — Dept. Children & Open Poverty Family Guidelines Financial Counseling Random Consumer Credit Open Counseling of SW Florida Affordable Childcare Limited Waiting List Childcare of SW Open Florida Pregnancy Prevention Unlimited Random Planned Parenthood Open Supportive Services and Referral Unlimited Random Collier County Social Open Services Adult Literacy Unlimited Random Adult Comm. Open Education Enrichment and Esteem Building Limited Random — Prefer American Assoc. Univ. Open Winners Women Symposium Partici ants Vocational Education and Job Unlimited Random Lorenzo Walker VO- Open Skills Training TECH Vocational Education and Job Unlimited Random — Edison Community Open Skills Training HS /GED min. College criteria Cash Assistance, Food Stamps, Unlimited State of Florida Wages Open Medicaid Family Counseling Unlimited Random First Assembly of God Open (counseling) Education Unlimited Random University of Florida — Open Ext. Service Legal Advice and Representation Unlimited Selection Criteria Legal Aid Society of Open — Issues SW Florida pertaining to child custody, child support, and divorce. • r • r (2) Family Self Sufficiency arogram/s a. Participation Description b. ® Yes ❑ No: If the PHA is not maintaining the minimum program size required by HUD, does the most recent FSS Action Plan address the steps the PHA plans to take to achieve at least the minimum program size? If no, list steps the PHA will take below: C. Welfare Benefit Reductions 1. The PHA is complying with the statutory requirements of section 12(d) of the U.S. Housing Act of 1937 (relating to the treatment of income changes resulting from welfare program requirements) by: (select all that apply) ❑ Adopting appropriate changes to the PHA's public housing rent determination policies and train staff to carry out those policies ® Informing residents of new policy on admission and reexamination ❑ Actively notifying residents of new policy at times in addition to admission and reexamination. ❑ Establishing or pursuing a cooperative agreement with all appropriate TANF agencies regarding the exchange of information and coordination of services ® Establishing a protocol for exchange of information with all appropriate TANF agencies ❑ Other: (list below) 13. PHA Safety and Crime Prevention Measures (� ;€ F��) A. Need for measures to ensure the safety of public housing residents 1. Describe the need for measures to ensure the safety of public housing residents (select all that apply) ❑ High incidence of violent and /or drug- related crime in some or all of the PHA's developments ❑ High incidence of violent and/or drug- related crime in the areas surrounding or adjacent to the PHA's developments ❑ Residents fearful for their safety and/or the safety of their children ❑ Observed lower -level crime, vandalism and/or graffiti ❑ People on waiting list unwilling to move into one or more developments due to perceived and/or actual levels of violent and /or drug- related crime ❑ Other (describe below) 2. What information or data did the PHA used to determine the need for PHA actions to improve safety of residents (select all that apply). ❑ Safety and security survey of residents ❑ Analysis of crime statistics over time for crimes committed "in and around" public housing authority ❑ Analysis of cost trends over time for repair of vandalism and removal of graffiti ❑ Resident reports ❑ PHA employee reports ❑ Police reports ❑ Demonstrable, quantifiable success with previous or ongoing anticrime /anti drug programs ❑ Other (describe below) 3. Which developments are most affected? (list below) B. Crime and Drug Prevention activities the PHA has undertaken or plans to undertake in the next PHA fiscal year 1. List the crime prevention activities the PHA has undertaken or plans to undertake: (select all that apply) ❑ Contracting with outside and/or resident organizations for the provision of crime- and /or drug - prevention activities ❑ Crime Prevention Through Environmental Design ❑ Activities targeted to at -risk youth, adults, or seniors ❑ Volunteer Resident Patrol /Block Watchers Program ❑ Other (describe below) 2. Which developments are most affected? (list below) C. Coordination between PHA and the police 1. Describe the coordination between the PHA and the appropriate police precincts for carrying out crime prevention measures and activities: (select all that apply) ❑ Police involvement in development, implementation, and/or ongoing evaluation of drug - elimination plan ❑ Police provide crime data to housing authority staff for analysis and action ❑ Police have established a physical presence on housing authority property (e.g., community policing office, officer in residence) ❑ Police regularly testify in and otherwise support eviction cases ❑ Police regularly meet with the PHA management and residents ❑ Agreement between PHA and local law enforcement agency for provision of above - baseline law enforcement services ❑ Other activities (list below) 2. Which developments are most affected? (list below) D. Additional information as required by PHDEP/PHDEP Plan ❑ Yes ❑ No: Is the PHA eligible to participate in the PHDEP in the fiscal year covered by this PHA Plan? ❑ Yes ❑ No: Has the PHA included the PHDEP Plan for FY 2000 in this PHA Plan? ❑ Yes ❑ No: This PHDEP Plan is an Attachment. (Attachment Filename: _) [24 CFR Part 903.7 9 (n)] 15. Civil Rights Certifications [24 CFR Part 903.7 9 (o)] Civil rights certifications are included in the PHA Plan Certifications of Compliance with the PHA Plans and Related Regulations. w 16. Fiscal Audit [24 CFR Part 903.7 9 (p)] 1. ® Yes ❑ No: Is the PHA required to have an audit conducted under section 5(h)(2) of the U.S. Housing Act of 1937 (42 U S.C. 1437c(h))? (If no, skip to component 17.) 2. ® Yes ❑ No: Was the most recent fiscal audit submitted to HUD? FYE 9/30/2002 3. ® Yes ❑ No: Were there any findings as the result of that audit? 4. ❑ Yes ® No: If there were any findings, do any remain unresolved? If yes, how many unresolved findings remain? 5. ❑ Yes ❑ No: Have responses to any unresolved findings been submitted to HUD? If not, when are they due (state below)? 17. PHA Asset Management [24 CFR Part 903.7 9 (q)] 1. ❑ Yes ❑ No: Is the PHA engaging in any activities that will contribute to the long -term asset management of its public housing stock , including how the Agency will plan for long -term operating, capital investment, rehabilitation, modernization, disposition, and other needs that have not been addressed elsewhere in this PHA Plan? 2. What types of asset management activities will the PHA undertake? (select all that apply) ❑ Not applicable ❑ Private management ❑ Development -based accounting ❑ Comprehensive stock assessment ❑ Other: (list below) 3. ❑ Yes ❑ No: Has the PHA included descriptions of asset management activities in the optional Public Housing Asset Management Table? 18. Other Information [24 CFR Part 903.7 9 (r)] A. Resident Advisory Board Recommendations 1. ® Yes ❑No: Did the PHA receive any comments on the PHA Plan from the Resident Advisory Board/s? 2. If yes, the comments are: (if comments were received, the PHA MUST select one) ❑ Attached at Attachment (File name) ® Provided below: RESIDENT ADVISORY COMMITTEE MINUTES The Resident Advisory Committee meeting met Tuesday, May 20, 2003 at 10:00 a.m. at the offices of the Collier County Housing Authority, 237 Airport Road, Naples, Florida. Members present: Jackie Jean Claribel Serrano Staff present: Angela Edison, Section 8 Coordinator A review and discussion on the agency's fourth year of activities was done. Members discussed whether the Housing Authority achieved the goals and objectives outlined during the fourth year and then made the following recommendations: • Their main interest once again this year was the Section 8 Homeownership Program. The next step is too start gathering information about the Homeownership program to take to our Board of Commissioners for their review. Meeting adjourned at 11:30 a.m. 3. In what manner did the PHA address those comments? (select all that apply) ❑ Considered comments, but determined that no changes to the PHA Plan were necessary. ❑ The PHA changed portions of the PHA Plan in response to comments List changes below: ® Other: (list below) • r All provisions outlined in the third year remained the same, however the comment made by the Resident Advisory Board, regarding a Home Ownership Program is a program that we will be investigating in the near future. B. Description of Election process for Residents on the PHA Board 1. ❑ Yes ® No: Does the PHA meet the exemption criteria provided section 2(b)(2) of the U.S. Housing Act of 1937? (If no, continue to question 2; if yes, skip to sub - component C.) 2. ❑ Yes ® No: Was the resident who serves on the PHA Board elected by the residents? (If yes, continue to question 3; if no, skip to sub- component C.) 3. Description of Resident Election Process — The Resident Commissioner is appointed by the Governor of the State of Florida. In the early 1980's housing authorities were required by state law to have a resident commissioner on their board. The Collier County Housing Authority is governed by a five member Board of Commissioners. The Board is appointed by the Governor to four -year staggered terms and ratified by the Board of County Commissioners. The Housing Authority has had a Resident Commissioner on their Board since pre 1982. Currently the Resident Commissioner is Gertrude Townsend, whose term is January 17, 2001 to November 4, 2004. The selection process for Resident Advisory Members of the Section 8 Program is done by a volunteer process, a letter is mailed out inviting clients to participate on the Board. They are invited to a meeting to explain the responsibilities and obligations to being an Advisory member. The selection is made by those that are present, the residents decided that a diverse five member Board would allow them fair representation of other residents on the Section 8 Program. a. Nomination of candidates for place on the ballot: (select all that apply) ❑ Candidates were nominated by resident and assisted family organizations ❑ Candidates could be nominated by any adult recipient of PHA assistance Self - nomination: Candidates registered with the PHA and requested a place on ballot ❑ Other: (describe) b. Eligible candidates: (select one) ❑ Any recipient of PHA assistance ❑ Any head of household receiving PHA assistance ❑ Any adult recipient of PHA assistance ❑ Any adult member of a resident or assisted family organization ❑ Other (list) • 1 c. Eligible voters: (select all that apply) ❑ All adult recipients of PHA assistance (public housing and section 8 tenant - based assistance) ❑ Representatives of all PHA resident and assisted family organizations ❑ Other (list) C. Statement of Consistency with the Consolidated Plan Apr a h.4P% alit1 q s t t c Pl � la fit wag �t t� t c Ir' �a o r s pra y r xx y,�_ p i1 € 1, 4 1. Consolidated Plan jurisdiction: (provide name here) COLLIER COUNTY 2. The PHA has taken the following steps to ensure consistency of this PHA Plan with the Consolidated Plan for the jurisdiction: (select all that apply) ® The PHA has based its statement of needs of families in the jurisdiction on the needs expressed in the Consolidated Plan/s. ® The PHA has participated in any consultation process organized and offered by the Consolidated Plan agency in the development of the Consolidated Plan. ❑ The PHA has consulted with the Consolidated Plan agency during the development of this PHA Plan. ❑ Activities to be undertaken by the PHA in the coming year are consistent with the initiatives contained in the Consolidated Plan. (list below) ❑ Other: (list below) 3. The Consolidated Plan of the jurisdiction supports the PHA Plan with the following actions and commitments: (describe below) a. Financial support for the expansion of affordable housing opportunities b. Assessment of the housing and service needs of Migrant Farm Workers c. Emphasis on economic self - sufficiency for lower income residents D. Other Information Required by HUD LJ "se 0, any acit, zntt UD di £ ed 1. Deviations From and Modifications To the Agency Plan The Agency Plan is a living document that shall serve to guide CCHA operations and resource management. In the event that circumstances or priorities necessitate actions that would represent a substantial departure from the goals, objectives, timetables or policies as set forth in the plan, the CCHA will invite resident review and input prior to taking actions that would implement such substantial changes. Development of subsequent Annual Plans shall be the vehicle through which updates and minor or routine modifications to the Agency Plan are made. On an annual basis the CCHA will review its progress toward the achievement of its goals and objectives as set forth in the Agency Plan. It will also evaluate whether the remaining goals and objectives, and the existing policies and procedures, adequately address the needs of its constituents, stakeholders and the agency. To the extent that those needs are not met by the elements of the existing Agency Plan, the subsequent Annual Plan shall be written to reflect changes to goals, objectives, policies and procedures to address those needs. In the event that the elements of the subsequent annual plan represent a significant departure from those of the existing Agency Plan, a Significant Amendment or Modification to the Agency Plan will be undertaken. Under these circumstances, a participatory planning process will be used to obtain resident input. A draft of the substantially modified Agency Plan will be subject to the public review, comment, and hearing process. The CCHA will honor the current HUD definition of Substantial Deviation and Significant Amendment that applies to it: 1. Changes to rent or admissions policies or organization of the waiting list An exception to this definition will be made if modifications are required solely to reflect changes in HUD regulatory requirements. In that case, such changes will not be considered significant amendments by the CCHA. 19. Attachments L tL�S�QU31 #tnl? C�HII1CtS #6'��"#. `�,'P��c1151E' A. Progress Report on 5 -Year Plan Mission and Goals Consistent with HUD's strategic goals the Collier County Housing Authority will undertake the following key activities: Affordable Housing Key activities to be undertaken include the formation of partnerships and identification of funding sources and affordable housing options. We will continue to take advantage of any funding availability that is provided under HUD Super NOFA. We will continue efforts to develop permanent housing for disabled families through the Continuum of Care Program in partnership with the Empowerment Alliance. We are in the process of constructing an affordable housing project, which is a 192 -bed dormitory for single unaccompanied males. Equal Housing Opportunity Activities will focus on outreach to potential Section 8 Landlords, but as well continue to promote and increase awareness of all housing opportunities to our residents and the public. • Active participation on the Workforce Housing Advisory Committee. • Staff will continue to play major roles in being involved with various housing committees, and or social service organizations. • Participate in yearly Housing Fair and HALO EXPO. • Continue our membership with the Naples Apartment Association with active participation in Association activities. • Will keep updated information sheet for owners on the Section 8 Program and will continue to assess to improve our one -on -one consultations with potential landlords. Self- Sufficiency We will continue to promote the FSS Program by increasing our efforts to look for creative approaches to make the program a success. Quality of Life Fourth year activities will continue to include staff training. The Housing Authority is in the process of transition and is at the preliminary stages of doing an agency wide strategic planning process for the next five years. Two members of management staff have taken part in an executive director training provided by Public Housing Authorities Directors Association and Rutgers University. A third member is now currently going through the course and will continually be offered to other management staff who could benefit from the experience. • r • r B. Resident Advisory Board Members Gertrude Townsend (Resident Commissioner) 1200 Applemint Lane Immokalee, FL 34142 Gertrude James 1000 Wiggins Pass Road #355 Naples, FL 34110 Carolyn Alden 2575 Wild Pines Lane # 917 Naples, FL 34112 Jackie Jean 155 Manor Blvd., #601 Naples, FL 34104 Horace Means P.O.Box 1302 Immokalee, FL 34143 Sandra Rodriquez 5117 Bass Road Immokalee, FL 34112 Y . AFFIDAVITS OF PUBLICATIONS FOR PUBLIC HEARINGS Consolidated Plan One -Year Action Plan FY 2003 -2004 Collier County, Florida 95 a Collier County CDBG Public Hearing November 5, 2003 — 6:00 p.m. Immokalee Community Center 321 N. 1St Street Immokalee, Florida Sign -In Sheet NA ADDRESS' c:. IV � ILL Collier County CDBG Public Hearing November 5, 2003 — 6:00 p.m. Immokalee Community Center 321 N. 1 St Street Immokalee, Florida Sign -In Sheet NAME ADDRESS O l co Sot E. slew Aw &r (��Fv rim St• Im Px c4 3414 2 JK �J Z • r • r CDBG/HOME PUBLIC HEARING Immokalee Community Park 321 N. 1st Street Immokalee, Florida November 5, 2003 — 6:00 p.m. MINUTES The meeting was called to order at 6:05 p.m. by Julia Langhorn, Grants Project Coordinator, Collier County Financial Administration and Housing (FAH) Department. Ms. Langhorn welcomed the participants and informed them this is the first public hearing to receive input for the upcoming Community Development Block Grant (CDBG) fiscal year 2004 -2005 program and is being recorded. There will be approximately $2,785,000 available. Ms. Langhorn emphasized the purpose of this meeting is to obtain public input on the needs of the Immokalee Community and not to discuss individual applications. Ms. Langhorn introduced Ms. Janeen Person and Ms. Rosa Munoz, FAH Department staff members. The following persons were in attendance: Julia Langhorn FAH — Collier County Janeen Person FAH — Collier County Rosa Munoz FAH — Collier County Dottie Cook Empowerment Alliance of SW Florida Essie Seratta Collier County Housing Authority Denise Blanton Immokalee Resident Maria Adame Immokalee Multicultural Multipurpose Community Action Agency Leo Rodgers Immokalee Civic Association Ann Olesky Immokalee Resident Ski Olesky Immokalee Resident Ms. Langhorn explained the Entitlement process (Collier County became eligible to receive funding directly from HUD when it reached a population threshold of 200,000 persons). She also explained the purpose of the public hearing, which is to obtain input on ways the expected annual funding of approximately $2.7 million may be expended. In FY 04 -05 Collier County is accepting competitive applications for Public Services projects only until December 1, 2003. Ms. Langhorn explained the 15% cap on public service activities and that these activities must be either: A new service; or A quantifiable increase in the current level of a service. Ms. Langhorn also explained that projects had to meet one or more National Objectives: 1. Benefit low and moderate - income persons or households; 2. Aid in the prevention or elimination of slums or blight; 3. Meet a recent community need having a particular urgency because existing conditions pose a serious and immediate threat to health or welfare. Also, a proposed activity must be eligible according to HUD standards. Questions regarding the eligibility of a specific project were referred by FAH staff to review the application packet and then contact FAH Department staff directly at (239) 213 -2937 for further technical assistance. The following were issues of concern in the Immokalee Community expressed by hearing participants: 1. Street conditions that make emergency vehicle access impossible. 2. Additional sidewalks and streetlights in high crime areas. 3. Housing conditions is several areas of the community, particularly in high visibility areas. 4. Concerns about the depth of some ditches for the safety of the public. 5. Need for additional traffic signals and turn lanes in some areas. 6. Vacant land not being developed due to a lack of infrastructure. 7. Social Service agencies have a need for emergency assistance funds i.e. housing, utilities, etc.; mental health services — counseling and residential; 8. Adult population needs more education and training programs, specifically financial literacy and job skills. One participant then centered the discussion on the County's overall process for communicating with the community and made several suggestions to improve the methodology utilized to present the CDBG program. Some good suggestions were offered and FAH staff will take them into consideration as it prepares for the FY 05 -06 entitlement program cycle. Ms. Langhom concluded the meeting with a summary description of the upcoming Immokalee Housing Survey, which is designed to assess housing conditions via an external visual analysis. Ms. Langhom further stated that the process will be thoroughly communicated to all affected residents in English, Spanish and Creole as necessary. FAH Staff thanked all participants for attending the meeting and handed out business cards for any follow -up questions or concerns. The public hearing was adjourned at 8:10 p.m. NOTE: Persons desiring to listen to the audiotape may do so by calling the Financial Administration and Housing department at 403 -2330 to make arrangements. G:ICDBGICDBG - HUDIENTITLEMENT 2004- 20051Development Process\Minutes Imm Pub Hrng.doc 2 • r • r Collier County CDBG Public Hearing November 6, 2003 — 6:00 p.m. Golden Gate Community Center 4701 Golden Gate Parkway Naples, Florida Sign -In Sheet NAME ADDRESS WC In O-z- f� i' 'yam � r •r CDBG/HOME PUBLIC HEARING Golden Gate Community Center 4701 Golden Gate Parkway Naples, Florida November 6, 2003 — 6:00 p.m. MINUTES The meeting was called to order at 6:05 p.m. by Julia Langhorn, Grants Project Coordinator, Collier County Financial Administration and Housing (FAH) Department. Ms. Langhorn welcomed the participants and informed them this is the first public hearing to receive input for the upcoming Community Development Block Grant (CDBG) fiscal year 2004 -2005 program and is being recorded. There will be approximately $2,785,000 available. Ms. Langhorn emphasized the purpose of this meeting is to obtain public input on the needs of the Immokalee Community and not to discuss individual applications. Ms. Langhorn introduced Ms. Janeen Person and Ms. Rosa Munoz, FAH Department staff members and Mr. Denny Baker, FAH Department Director. The following persons were in attendance: Julia Langhorn FAH — Collier County Janeen Person FAH — Collier County Rosa Munoz FAH — Collier County Denny Baker FAH — Collier County Keith Riley Collier Health Services Ms. Langhorn explained the Entitlement process (Collier County became eligible to receive funding directly from HUD when it reached a population threshold of 200,000 persons). She also explained the purpose of the public hearing, which is to obtain input on ways the expected annual funding of approximately $2.7 million may be expended. In FY 04 -05 Collier County is accepting competitive applications for Public Services projects only until December 1, 2003. Ms. Langhorn explained the 15% cap on public service activities and that these activities must be either: • new service; or • quantifiable increase in the current level of a service. Ms. Langhorn also explained that projects had to meet one or more National Objectives: 1. Benefit low and moderate - income persons or households; 2. Aid in the prevention or elimination of slums or blight; 3. Meet a recent community need having a particular urgency because existing conditions pose a serious and immediate threat to health or welfare. oils) Also, a proposed activity must be eligible according to HUD standards. Questions regarding the eligibility of a specific project were referred by FAH staff to review the application packet and then contact FAH Department staff directly at (239) 213 -2937 for further technical assistance. The following were issues of concern in the Golden Gate Community expressed by hearing participants: 1. Need for overall health care expansion — especially critical for children. a. Within a ten mile radius of Golden Gate Elementary school there are 20,000 children who are Medicaid eligible. b. In 1998 there were 24,000 Medicaid eligible children in Collier County, but only 16% were provided treatment. 2. Need for more outreach and training regarding dental education. a. Planning for an expansion of the dental clinic. b. Collier Health Services will be receiving a Ronald McDonald Mobile Health Unit to improve outreach and treatment. FAH Staff thanked all participants for attending the meeting and handed out business cards for any follow -up questions or concerns. The public hearing was adjourned at 7:10 p.m. NOTE: Persons desiring to listen to the audiotape may do so by calling the Financial Administration and Housing department at 403 -2330 to make arrangements. G: \CDBG \CDBG - HUD\ENTITLEMENT 2004- 2005\Development Process\Minutes GG Pub Hrng.doc %a NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice was published in said newspaper 1 time in the issue on December 4th, 2003 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me This 3rd day of December ,2003 I/Y (Signature of notary public) d' _ �4APY P��i, =o• ��;.. Harriett Bushong * *: MYCOMMISSION# DD234689 EXPIRES PUBLIC NOTICE PUB IC NOTICE NOTICE OF PUBLIC MEETING EaUAL slNo OPPORTUNITY NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE CITIZENS ADVISORY TASK FORCE (CATF) AT COMMUNITY DEVELOPMENT.& ENVIRONMENTAL SERVICES, MAIN CONFERENCE ROOM, 2800 N. HORSESHOE DRIVE, NAPLES, FL AT 3;00 RM. ON DECEMBER 18, 2003. AGENDA 1. Roll Call 2. New Business a. Review and ranking of FY 2004 -2005 Community Development Block Grant (CDBG) Public Services applications. b. Update and approval of an extension for the Stateof Florida Small Cities CDBG Program (Economic Development) for the Manufacturing Facility II at Immokalee Regional Airport, CDBG 00- DB- 6B- 09- 21- 01 -E05. c. Review of CATF member applications and recommendation to Board of County Commissioners. 3. Approval of Meeting Minutes a. September 18, 2003. 4. Announcements a. Letter from the U.S. Department of Housing and Urban Development regarding the Annual Community Assessment 2002 Program Year - CDBG Program Additionally, this notice advises that, if a person decides to appeal any decision made by the Citizens Advisory Task Force, with respect to any matter considered at this meeting, he will need a record of the proceedings and that for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you require special aid or services as addressed in the Americans with Disabilities Act or require someone to translate or sign, please contact the Collier County Financial Administration and Housing Department at (239) 213 -2937, no later than two (2) days prior to the Public Hearing date. No. 99158772 December 4. 200.3 i NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice was published in said newspaper 1 time in the issue on December 4th, 2003 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me This 3rd day of December ,2003 (Signature of notary public) Harriett Bushong ? r MYCOMMISSION# DD234689 EXPIRES July 24, 2007 BONDED THRU TROY FAIN iNSURAN:F , INC PUBLIC NOTICE 'PUBLIC NOTICE 1 • Pasar lists 2. Nuevos Negocios a. Revisar y evaluar las aplicaciones de Servicios P6blicos para el ano fiscal 2004 -200; del Bloque de Becas para el Desarrollo Comunitario - (CDBG). b. Actualizo y aprobaci6n pars una extension al programa del Estado de Florida de las Pequenas Ciudades -El programa de CDBG (Desarrollo Econ6mico) para la Facilidad de Fabricaci6n del Aeropuerto Regional de Immokalee, CDBG 00-DB-6B-09-21 -01 -E05. c. Reviso de aplicaciones de miembros del CATF y recomendaciones a la ,Junta de Comisionados del Condado. 3. Aprobaci6n de los Minutos de is Reuni6n de a. Septiembre 18, 2003. 4. Anuncios a. Carta del Departamento de Vivienda y Desarrollo Urbano de Los Estados Unidos sobre la Evaluaci6n Anual de la Comunidad para el Programa del Ano 2002 - Programa CDBG Adicionalmente, este aviso aconseja Clue, si un persona decide apelar cualquier decisi6n hecht por el Asesor de Destacamento de Fuerzas par. el Ciudadano, con respecto a cualquier asuntt considerado en esta reuni6n, necesitaria una grabaci61 de los procedimientos y para este prop6sito, tambier necesitaria asegurarse que un registro Iiteralment( es echo, y que to grabado incluye el testimonio i evidencia basado en to que quieran apelar. Si usted requiere asistencia especial o serviciod ofrecidos bajo e/ Acto de Arnericanos Discapacitados o si requiere asistencia con traducciones o traduzca or el idioma del signo, por favor flame al Delmi amento de Administraci6n Financiara y Vivienda al (239) 213 -293; no menos de dos dial antes de is reuni6n. No. 99158773 L7rvicembar 4. onr Immokalee Bulletin P.O. Box 518 LaBelle, FL 33975 Affidavit of Publication State of Florida • County of Hendry Collier County Financial Administration & Housing I hereby certify that a Notice of Public Meeting display ad was placed in the Immokalee Bulletin December 4. 2003 ,•tr�r ►' Barbara A. Calfee Commission #DD262652 �;•'�= Expires: Oct 28, 2007 Bonded 7iuu Adentic Bonding Co., Inc. / Notary Public A. Calfee. #DD262652 OOy Date • r • r - mTTIQTTTT,I aan,XoURU1 31P Cif' NOTICE it2r 1' EOUAL HOUSING OPPORTUNITY s� g NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE CITIZENS ADVISORY TASK FORCE (CATF) AT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES, MAIN CONFERENCE ROOM, 2800 N. HORSESHOE DRIVE, NAPLES, FL AT 3:00 P.M. ON DECEMBER 18, 2003. 1. 2. 3. AGENDA Roll Call New Business a. Review and ranking of FY 2004 -2005 Community Development Block Grant (CDBG) Public Services applications. b. Update.and approval of an extension for the State of Florida Small Cities CDBG Program (Economic Development) for the Manufacturing Facility II at Immokalee Regional Airport, CDBG 00- DB- 6B- 09 -21- 01-E05. c. Review of CATF member, applications and recommendation to Board of County Commissioners. . Approval'of Meeting Minutes a. September 18, 2003. Announcements a. Letter from the U.S. Department of Housing and Urban Development regarding the Annual Community Assessment 2002 Program Year - CDBG Program Additionally, this notice advises that, if a person decides to appeal any decision made by the Citizens Advisory Task Force, with respect to any matter considered at this meeting, he will need a record of the proceedings and that for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you require special aid or services as addressed in the Americans with Disabilities Act or require someone to translate or sign, please contact. the Collier County Financial Administration and Housing Department at (239) 213 -2937, no later than two (2) days prior to the Public Hearing date. AVISO DE E-j REUNION PUBLICA Por este medio les avisamos de una reuni6n regular del Asesor de Destacamento de Fuerzas del Ciudadano (CATF) En el sal6n de conferencias ubicado en el 2800 North Horseshoe Drive, Naples, FL a las 3:00 p.m. el 18 de Diciembre del 2003. AGENDA 1. Pasar lista 2. Nuevos Negocios a. Revisar y evaluar las aplicaciones de Servicios Publicos para el aflo fiscal 2004 -2005 del Bloque de Becas para el Desarrollo Comunitario- (CDBG). b. Actualizo y aprobaci6n para una extension al programa del Estado de Florida de las Pequeflas Ciudades —El programa de CDBG ( Desarrollo Econ6mico) para la Facilidad de Fabricaci6n del Aeropuerto Regional de Immokalee, CDBG 00-DB-6B-09-21 -01 -E05. c. Reviso de aplicaciones de miembros del CATF y recomendaciones a la Junta de Comisionados'del Condado. 3. Aprobaci6n de los Minutos de la Reuni6n de a. Septiembre 18, 2003. 4. Anuncios a. Carta del Departamento de Vivienda y Desarrollo Urbano de Los Estados Unidos sobre la Evaluaci6n Anual de la Comunidad para el Programa del Aflo 2002 - Programa CDBG Adicionalmente, este aviso aconseja que, si una persona decide apelar cualquier decisi6n hecho por el Asesor de Destacamento de Fuerzas para el Ciudadano, con respecto a cualquier asunto considerado en esta reuni6n, necesitaria una grabaci6n de los procedimientos y para este prop6sito, tambien necesitaria asegurarse que un registro literalmente es echo, y que to grabado incluye el testimonio y evidencia basado en to que quieran apelar. Si usted requiere asistencia especial o servicios ofrecidos bajo el Acto de Americanos Discapacitados, o si requiere asistencia con traducciones o traduzca en el idioma del signo, por favor Ilame al Departamento de Administration Finaneiara y Viviendo al (239) 213 -2937 no menos de dos dias antes de la reunion. Collier County CATF Meeting December 18, 2003 - 3:00 p.m 2800 N. Horseshoe Drive Main Conference Room Naples, Florida 34104 [Sign-In Sheet I NAME ADDRESS ssc 1/ Z -af cs k-a '7— e&m R S 4� c� ac'Zirc—, ci 4-A Aq&5 e� • Collier County Citizen Advisory Task Force December 18, 2003 — 3:00 p.m. Financial Administration and Housing Community Development and Environmental Services 2800 N. Horseshoe Drive, Naples, Florida 34104 Main Conference Room Agenda I. Call Meeting to Order and Roll Call II. Old Business a. Approval of September 18, 2003 meeting minutes III. New Business a. Review and ranking of FY 2004 -2005 Community Development Block Grant (CDBG) Public Services applications. b. Update and approval of an extension for the State of Florida Small Cities CDBG Program (Economic Development) for the Manufacturing Facility II at Immokalee Regional Airport, CDBG 00 -D B-6 B-0 9- 21 -01 -E 05. c. Review of CATF member applications and recommendation to Board of County Commissioners d. Discussion regarding CDBG dollars returned by the County for the Linwood Drainage project from FY 02 -03 IV. Announcements a. Letter from the U.S. Department of Housing and Urban Development regarding the Annual Community Assessment 2002 Program Year — CDBG Program b. Date of next CATF meeting V. Adjournment of Meeting G: \CDBG \Citizen Advisory Task Force\2003 CATF Meetings \Dec 18 -03 Mtg \CATF Agenda.doc • a KU-N] ft CITIZENS ADVISORY TASK FORCE COMMITTEE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES MAIN CONFERENCE ROOM 2800 NORTH HORSESHOE DRIVE December 18, 2003 Meeting (Minutes Tentative Until Approved by the CATF) I. The meeting was called to order at 3:02 p.m. by David Corban. There was a quorum present. ROLL CALL ABSENT PRESENT Bill McCarthy X Fred Thomas X Ellen Christian-Myers X David Corban X Russell Tuff X Staff Present: Financial Administration and Housing (FAH) staff— Denny Baker, Lee Combs, Rosa Munoz, Janeen Person, Julia Langhorn, Gary Young and Susan Alden. H. Old Business a. The minutes of the September 18, 2003 meeting were approved 5 -0. III. New Business a. The CATF reviewed six (6) FY 2004 -2005 Community Development Block Grant (CDBG) Public Services applications and voted that projects submitted by the Empowerment Alliance of Southwest Florida Community Development Corporation, David Lawrence Center, and the Immokalee Multicultural Multipurpose Community Action Agency, Inc. (IMMCAA) be recommended to the BCC for full funding predicated upon the satisfactory submission of additional documentation by a specific date to be determined. Projects submitted by St. Matthew's House and Youth Haven were recommended for funding on the `B" list if sufficient funds are available. NOTE: a court reporter was present for this portion of the meeting and a transcript will be available. b. The CATF was given an update of the Small Cities Community Development Block Grant - hnmokalee Manufacturing Facility II. An extension is necessary to allow a new participating party, Florida Architectural Products, Inc. (FAP) adequate time to create the required jobs before the terminate date of the CDBG Award Agreement. Fred Thomas made a motion to request a one -year extension to the CDBG Award Agreement (until March 27, 2 r 2005) from the Florida Department of Community Affairs (DCA). Russell Tuff seconded. The motion was approved 5 -0. c. The CATF reviewed member applications. The three members whose terms were expiring- - David Corban, Ellen Christian-Myers and William McCarthy - -all applied to continue on the CATF. Each member excused themselves from the vote on their own recommendation to the BCC. The motion on David Corban was made by Fred Thomas and seconded by Ellen Christian- Myers; the vote to approve was 4 -0. The motion on Ellen Christian -Myers was made by Fred Thomas and seconded by Russell Tuff; the vote to approve was 4 -0. The motion on William McCarthy was made by Fred Thomas and seconded by Ellen Christian — Myers; the vote to approve was 4 -0. d. A discussion was held regarding the return by the County of the CDBG funds awarded to the Linwood Drainage project from FY 02 -03. A motion was made by Fred Thomas to reallocate all of the $329,046 to projects in Copeland. A second was made by Ellen Christian- Myers. The motion carried 5 -0. Specific proposed projects will be presented to the CATF by staff at the next meeting. IV. Announcements a. A letter from the U.S. Department of Housing and Urban Development (HUD) regarding the 2002 Program Year CDBG program was reviewed. Collier County received praise from HUD for achievements when the County is such a new Entitlement community. b. The date of the next CATF meeting is tentatively scheduled for February 12, 2004 at 4:00 p.m. V. The meeting was adjourned by 5:25 p.m. G: \CDBG \Citizen Advisory Task Force\2003 CATF Meetings\Dec 18 -03 Mtg\CATF Minutes 12- 18- 03.doc 3 I"g 8 Collier County CATF Meeting February 12, 2004 - 3:00 p.m 2800 N. Horseshoe Drive (Development Services Building) Conference Room 306 Naples, Florida 34104 Sign -In Sheet NAME ADDRESS V l 88 Collier County CDBG Citizen Advisory Task Force February 12, 2004 — 3:00 p.m. Financial Administration and Housing Community Development and Environmental Services 2800 N. Horseshoe Drive, Naples, Florida 34104 Conference Room 609 Agenda I. Call Meeting to Order — Roll Call A. Congratulations to re- appointed CATF members B. Election of new CATF Chair 11. Approval of Meeting Minutes A. Approval of December 18, 2003 Meeting Minutes III. Update on Small Cities Community Development Block Grant — Immokalee Manufacturing Facility II IV. Review of FY 2004 -2005 One -Year Draft Action Plan V. Review of FY 2002 -2003 Amended Action Plan VI. FY 2003 -2004 Project Update VII. New Business A. Review of CATF Annual Advisory Board Report to the BCC B. Discuss possible bus tour of FY 03 -04 projects VIII. Adjourn 1 IV. Review of FT 2004 -2004 One -Year Action Plan A. Janeen Person explained that the County was going to participate in American Dream Downpayment Initiatiative (ADDI), a component on the HOME program. It will provide $10,000 or 6% of the cost of the home to eligible homebuyers. B. Janeen also explained that this year the County was eligible to receive funding through the Emergency Shelter Grant (ESG) program and that the annual funding would be given on a rotating basis to the three homeless shelters in Collier County, beginning with the Immokalee Friendship House this year. There was some discuss about dividing the funding among the shelters annually and the consensus was that the amount ($96,461 this year), if divided, was not large enough to make a difference is any one agency's budget but it they knew they were going to get this money every third year they might be able to do something significant with it (such as replace a furnace or something major like that). C. Janeen began to review the recommended 2004 -2005 CDBG projects. There were several projects in Copeland which would dovetail with the amended FY 02 -03 funding and it was particularly noted that the water line repair project, if funded for $277,000 this year would still need carryover dollars in the 05 -06 AP as the total project for this phase is $345,000. Staff had recommended that the IMMCAA project not be funded and that the Youth Haven project, previously on the `B" list be funded. Maria Adam6, chair of IMMCAA and Sherry Bennett, President of RNAMCAA were present and presented their views to the CATF. On their application for funding they had used CSBG funding as a match and staff had maintained that it wasn't allowed. They countered that CSBG funds can be used as a match if HHS gives a waiver. Staff countered with the fact that their budget didn't add up and there were other deficiencies in their application. The CATF had previously recommended that IMMCAA's application be funded predicated upon the satisfactory submission of additional documentation. Staff felt the application was still not adequate and felt the project should not be funded this year. Mr. Thomas, who had recommended this project be funded, understood staff's concerns about this application. Mr. Thomas make a motion to approve the total $2,785,000 CDBG project package, provided Youth Haven provided the necessary documentation. Mr. Tuff seconded the motion; it was approved 4 -0 (Mr. Corban absent). After a review of the HOME & ADDI and ESG proposals, Mr. Tuff made a motion to approve the HOME and ADDI and ESG proposed projects. Ms. Christian-Myers seconded the motion; it was approved 4 -0 (Mr. Corban absent). V. Review of FT 2002 -2003 Amended Action Plan — Janeen Person explained that the project for the Storm Drainage project in the Gateway Triangle had been withdrawn by the County and $329,046 in funding had to be reallocated. The funding was reallocated to Copeland projects regarding water line repair, streetlights and demolition and clearance. These projects are all Phase I of projects continued in the 2004 -2005 AP. Mr. Tuff made a motion to approve the reallocation of funding to the Copeland projects; Ms. Christian-Myers seconded and the motion was approved 4 -0 (Mr. Corban absent). c PUBLIC NOTICE /J!'/ PUBLIC NOTICE PUBLIC NOTICE COLLIER COUNTY, FLORIDA Citizen Participation - Consolidated Plan EQL Development Process OPPORIT�UNITY Collier County is developing the Consolidated Plan One Year Action Plan. The Consolidated Plan (CP) is required by the U.S. Department of Housing and Urban Development (HUD). The CP is a document which is used to guide housing programs and non - housing community planning for fiscal year 2004 -2005. The goals of the CP are to: provide decent housing; provide a suitable living environment; and expand economic opportunities for very low, low and moderate - income persons. The One -Year Action Plan will be used to determine expenditures on program projects for fiscal year 2004 -2005. Since the public comment period notice was published on February 19, 2004 there have been some changes made to some of the CDBG allocations. The total allocation remains unchanged, but three (3) project totals are different from the amounts published in the draft plan. The specific changes are: • The City of Marco Island is entitled to receive an annual allocation of $89,000. They notified the County on March 12, 2004 that they were electing to defer their allocation to FY 2005 -2006 in order to combine their entitlement with the city's funds for reconstruction and expansion of an existing deficient storm water drainage facility in a low - income area. This project will require reserving $178,000 of FY 05 -06 funding for Marco Island. • Land Acquisition in Immokalee was therefore funded for an additional $40,000, or $798,000 total. • CDBG Program Planning and Administration was increased $49,000 from $504,000 to $553,000 to accommodate the additional staff necessary to implement the additional HUD programs. This allows Collier County to maximize the funding allocations for the necessary programs and not deduct administration costs from each program. The proposed One Year Action Plan for fiscal year 2004 -2005 includes the following activities (changes highlighted): Public Comment Period A public comment period was held from February 20, 2004 to March 20, 2004 regarding the One Year Action Plan. During this period, the draft Plan was available for review in all of the County's public libraries, at the Public Information Desk in the Harmon Turner Building on the Collier County Government Main Campus, and in the Financial Administration & Housing Department office located at 2800 N. Horseshoe Drive, Suite 400, Naples, Florida 34104. No written comments were received. Final Action Adoption of the Consolidated Plan One Year Action Plan (FY 2004 -2005) is scheduled for April 13, 2004 at a regular meeting of the Board of County Commissioners. If you require special aid or services as addressed in the Americans with Disabilities Act or require someone to translate or sign, please contact the FAH office at (239) 403 -2339, no later than two (2) days prior to the Public Hearing date. No. M77773 A�ri1 1 20041 2004 Original Revised Street Improvements - City of Naples $137,000 $137,000 Storm Drainage Improvements - Marco Island 89,000 0 Land Acquisition - Immokalee 758,000 798,000 Job Creation - Immokalee 300,000 300,000 Senior Center Addition - East Naples 255,000 255,000 Public Facilities Improvements - Copeland 397,000 397,000 Affordable Housing - Rehabilitation 100,000 100,000 Mental Health Services Program - Countywide 100,000 100,000 Youth and Family Services Prevention Program - Countywide 92,000 92,000 Youth Employment Program - Immokalee 50,000 50,000 Residential Rehabilitation assistance 270,000 270,000 CHDO set -aside 200,000 200,000 Tenant Based Rental Assistance 200,000 200,000 Downpayment assistance - American Dream Downpayment Initiative 93,307 93,307 CHDO Capacity Building 39,000 39,000 Emergency Shelter Operating - Immokalee 96,461 96,461 Fair Housing - Education and Outreach 3,000 3,000 Program Planning and Administration (CDBG) 504,000 553,000 Program Planning and Administration (HOME) $78,000 78.000 TOTAL $3.761.768 3.761.768 Public Comment Period A public comment period was held from February 20, 2004 to March 20, 2004 regarding the One Year Action Plan. During this period, the draft Plan was available for review in all of the County's public libraries, at the Public Information Desk in the Harmon Turner Building on the Collier County Government Main Campus, and in the Financial Administration & Housing Department office located at 2800 N. Horseshoe Drive, Suite 400, Naples, Florida 34104. No written comments were received. Final Action Adoption of the Consolidated Plan One Year Action Plan (FY 2004 -2005) is scheduled for April 13, 2004 at a regular meeting of the Board of County Commissioners. If you require special aid or services as addressed in the Americans with Disabilities Act or require someone to translate or sign, please contact the FAH office at (239) 403 -2339, no later than two (2) days prior to the Public Hearing date. No. M77773 A�ri1 1 20041 2004 w1majoell PUBLIC NOTICE PUBLIC NOTICE CONDADO DE COLLIER, FLORIDA Participacion Del Ciudadano - Proceso Consolidado Del Desarrollo Del Plan P 9 E EQUAL HOUSING OPPORTUNITY El condado de Collier esta desarrollando el Plan Consolidado - Plan de Acci6n de Un Ano. El Plan Consolidado (Consolidated Plan CP) es requerido por el Departamento de Vivienda y Desarrollo Urbano (U.S. Department of Housing and Urban Development HUD). El Plan Consolidado es un documento, que se utiliza para dirigir programas de vivienda y el planeamiento de la comunidad de no- planificaci6n para el Ano Fiscal 2004 -2005. Las metas del Plan Consolidado son: proveer vivienda decente; un ambiente adecuado y conveniente; y ampliar las oportunidades econ6micas para personas de ingresos muy bajos, bajos y moderados. El Plan de Acci6n de Un Ano sera utilizado para determinar gastos en los proyectos del programa para el Ano Fiscal 2004 -2005. Desde que el Periodo de Comentario Publico fue publicado el 19, de Febrero, 2004, han habido algunos cambios echo a la asignaci6n al Programa de Desarrollo de la Comunidad (CDBG). El total de la asignaci6n se mantiene igual, solamente tres (3) de los totales de los proyectos son diferentes con respeto a las cantidades publicadas en el plan. Los cambios especificos son: • La ciudad de Marco Island le conviene recibir una asignaci6n anual de $89,000. Ellos le notificaron al Condado el 12 de Marzo, 2004 que querian diferir su asignaci6n al Ano Fiscal 2005 -2006 para combinar su asignaci6n con los fondos de la ciudad para reconstrucci6n y expansi6n de un Drenaj a de Aguas Proveniente de Tormentas que esta deficiente en una area de ingresos bajo. Este proyecto se requerira reservar $178,000 del Ano Fiscal 05 -06 para Marco Island. • Adquisici6n de Terreno en Immokalee fue fimdada adicionalmente por $40,00, o $798,000 en total. • Planificaci6n de Programa y Administraci6n de CDBG fue aumentada $49,000, de $504,000 a $553,000 para acomodar el personal adicional necesario para implementar los programas de HUD adicionales. Esto le permite al Condado de Collier llevar al maximo la asignaci6n para programas necesarios y no deducir gastos administrativos de cada programa El propuesto Plan de Acci6n del Ano para el Ano Fiscal 2004 -2005 incluye las siguientes actividades: Original Mejoramiento de Calles - Ciudad de Naples Mejoras del Drenaje de Aguas Proveniente de Tormentas - Marco Island Adquisici6n de Terreno en- Immokalee Creaci6n de trabajos - Immokalee Adici6n al Centro de Ancianos - East Naples Mejoramiento de Facilidades al Publico - Copeland Vivienda Econ6mica - Arreglos Programa de Servicios de Salud Mental - Todo el Condado Programa de Prevenci6n Para La Juventud y Servicios de Familia - Todo el Condado Programa de Empleo Para La Juventud - Immokalee Asistencia de Rehabilitaci6n de Viviendas Residenciales CHDO Conjunto - aparte Asistencia Basada al Inquilino Programa Iniciativa para el Pago Inicial del Sueno Americano CHDO Capacidad de Edificar Operaci6n de Refugio de Emergencia- Immokalee Vivienda Justa - Educaci6n y Alcance Planificaci6n de Programa y Administraci6n (CDBG) Planificaci6n de Programa y Administraci6n (HOME) TOTAL $137,000 89,000 758,000 300,000 255,000 397,000 100,000 100,000 92,000 50,000 270,000 200,000 200,000 93,307 39,000 96,461 3,000 504,000 $78,000 $3.761,768 Revisado $137,000 0 798,000 300,000 255,000 397,000 100,000 100,000 92,000 50,000 270,000 200,000 200,000 93,307 39,000 96,461 3,000 553,000 78.000 3,761,768 Periodo de Comentario Publico Hubo un periodo de comentarios el 20 de Febrero del 2004 hasta el 20 de Marzo del 2004 con respecto al Plan de Acci6n de Un Ano. Durante este periodo, el borrador de Plan de Acci6n de Un Ano estuvo disponible para ser repasado en todas las bibliotecas del Condado de Collier, en la Oficina de Informaci6n Nblica en el edificio Harmon Turner, Campo Principal del Gobierno del Condado de Collier como tambidn en el Departamento de Administraci6n Financiera y Vivienda (FAH), localizado en el 2800 N. Horseshoe Drive, Suite 400, Naples, FL 34104. No hubo comentarios por escritos. Acci6n Final La adopci6n del Plan Consolidado - Plan de Acci6n de un Ano (Ano Fiscal 2004 -2005) esta programado para el 13 de Abril del 2004 en una reuni6n regular de la Junta de Comisionados del Condado (Board of County Commissioners). Si usted requiere ayuda o servicios especiales asi como Jos que especifica el Acta de Americanos con Incapacidades (Americans with Disabilities Act), o requiere que alguien le traduzca en su idioma o lenguaje por senas, por favor p6ngase en contacto con el Departamento de Administraci6n Financiera y Vivienda (FAH) del Condado de Collier al numero (239) 403 -2339, no mas tardar de dos (2) dias antes de la fecha de la Audiencia Publica. No. 99177774 April 1 004 3 N rn �o w ativi .. N zwz O 44 cd �. O O P�1 � CCi � U A �x RTazi �W o„ 0 N 4 A, .d UaUr,� v m a qo, q 5 .n o y N Q, O y � C A a! b o � 3� V q a O W OO! _ C v0 °y�in•$��aG ° a- u � a�o�'o g: •a �. °w . h N O $ 9 S 9 o .D •D y � ••7 N O. P. C U u O T N p, � p, C%J v 5 .n o y N Q, O y � C A a! b o � 3� V q a O W OO! _ C T t° O 0 3 '� 05';0 v 0 0 « c u � e p u 0.A o Y K] .mm �� i '.'' •� .5 .o 00 "0'' 'a .5 ° S O 'O > 41 �. N U N N O u V '^^i.l�� OB y � b N b'� T ] •'ri U N C � xo CO) 3 O N 3 0 _p V ova ° Z a 3i @ a g C) 3 g� eU 40. $ �: b p�u.SU- �'w'''�u ,bN yak r'o •� �4--i c�� AAa �.y 4. O pAdGL� �+ O .� mN .��L':o .5�a.y "� �d `o $ O A O d -O ' °' � � � �-1 °' � � a � � �' �;.� .5 c ,� $ y •a E ❑' � .ra '�' = k'YQ�'� Z W Z V U a1 �a .may m m W N •� C Qa 3 o.c u > A 0.Ci..1 o :�• '`; h O TN 0.0 P. '- 86 Jmmokalee Vulletin P.O. Box 518 LaBelle, FL 33975 Affidavit of Publication State of Florida - County of Hendry Collier County Finance Admin & Housing hereby certify that a Citizen Participation - Consolidated Plan display ad in English and Spanish was placed in the Immokalee Bulletin April 1. 2004 Notary Public Barbara A. Calfee. #DD262652 .!- Barbara A. Cal fee Commission #DD262652 = Expires: Oct 28, 2007 �, G1 C? ;,,. •off= BondedThn► Date CO Inc. Atlantic Bonding I u A. Ali . . . . . . . . . . . 114 17 g t4 V ail wls Js 'U 44 Vg — 'Z 2-1 ql- FL u 8 0.2 , In St a. • K AA. 1.8 8�7 Sz Q Isb 00 OX di. Sea, 1.6 On 1=0 1 0, < s b- rz za go < � 'k Rs w 8.0 USER GUIDE Basis of the Consolidated Plan and Annual Action Plan The United States Department of Housing and Urban Development (HUD) requires documentation to maintain annual entitlement funding for Collier County from the Community Development Block Grant (CDBG) program, the Home Investment Partnerships (HOME) program and the Emergency Shelter Grants (ESG) program. The Annual Action Plan describes actions related to the announced entitlement funds for that year. In 2001, Collier County submitted the FY 2001 -2005 Consolidated Plan, which serves as a five -year strategic guideline for the annual plans. The five -year Collier County FY 2001 -2005 Consolidated Plan is available at all branches of the County's Library and at the Collier County Financial Administration and Housing Department, 2800 North Horseshoe Drive, Suite 400, Naples, Florida, 34104. Audiences Federal regulations and HUD guidelines define the required information and suggest formats. HUD and Collier County encourage the circulation of the documents to audiences throughout the county. It is believed that citizens and neighborhood groups as well as public, private and non - profit agencies can make use of the document and its information on Collier County needs, objectives and strategies. This document attempts to present information in a format that is easily readable by the public audience. Format Section Beginning Page Number Executive Summary for the Action Plan 1 Citizen Participation Process 9 Five -Year Strategic Plan 11 One -Year Action Plan & Projects 36 Certifications 78 Appendices 88 Consolidated Plan One -Year Action Plan FY 2003 -2004 Collier County, Florida RESOLUTION NO. 2004 - 112 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE FISCAL YEAR 2004 -2005 COLLIER COUNTY CONSOLIDATED PLAN ONE -YEAR ACTION PLAN, FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME) AND EMERGENCY SHELTER GRANT (ESG) PROGRAMS, AUTHORIZING NECESSARY CERTIFICATIONS, APPROVING EXECUTION OF CDBG SUB - RECIPIENT AGREEMENTS BY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES (CDES) DIVISION ADMINISTRATOR, AUTHORIZING SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Department of Housing and Urban Development (hereinafter HUD) in 24 C.F.R. 91 requires a Consolidated Plan One -Year Action Plan to be developed to represent a submission for planning and funding for the Department's Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) Programs. WHEREAS, the overall goal of the community planning and development programs covered by this plan is to develop viable urban communities by providing decent housing, a suitable living environment and expanding economic opportunities principally for low and moderate - income persons; and WHEREAS, on May 8, 2001 the Board of County Commissioners approved submission of the County's Consolidated Plan Five -Year Plan to the United States Department of Housing and Urban Development (hereinafter HUD); WHEREAS, the Fiscal Year 2004 -2005 Consolidated One -Year Action Plan was developed following the Collier County Consolidated Plan — Citizen Participation Plan, adopted January 9, 2001; and WHEREAS, the Consolidated Plan One -Year Action Plan will serve as: a planning document for Collier County (which builds on a participatory process at the lowest levels), and an application for federal funds under the U. S. Department of Housing and Urban Development (HUD) formula grant programs, a strategy to be followed in carrying out the HUD programs, and an action plan that provides a basis for assessing performances; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of County Commissioners of Collier County approves the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year Page 1 of 3 r8 'y1 2004 -2005 for the CDBG, HOME and ESG Programs, which is attached and incorporated herein by reference, and authorizes the Department of Financial Administration and Housing (FAH) to transmit the Plan to the proper funding authority and take the necessary actions for implementation of the CDBG, HOME and ESG programs. 2. The Chairman of the Board of County Commissioners is authorized to execute certifications pertaining to the Consolidated Plan One -Year Action Plan on behalf of the County. 3. Section 4.0 of the One -Year Action Plan sets forth the detailed dollar amounts for each Activity to be funded by the CDBG, HOME and ESG Programs. A copy of the proposed Activities and total CDBG, HOME and ESG funding is set forth in Exhibit "A" attached and incorporated by reference. Accordingly, the individual Activity's Sub - Recipient Agreement for all CDBG projects will be subsequently entered into on behalf of Collier County and each such Agreement is hereby acknowledged as providing for a valid public and County purpose. Based on these findings, the Community Development and Environmental Services Administrator is authorized to execute the CDBG Sub - Recipient Agreement to implement each such Activity, so long as: 1) the form of each such Sub - Recipient Agreement conforms to the form of the attached blank form, Exhibit `B" adopted and incorporated by reference, and 2) the dollar amount of each Activity for the corresponding then completed Sub - Recipient Agreement is as set forth in the adopted portion of Section 4.0, referenced above. HOME Activities identified in Section 4.0 of the One -Year Action Plan requiring Contracts or Agreements will come before the BOARD separately for approval. ESG Activities identified in Section 4.0 of the One -Year Action Plan requiring Contracts or Agreements will come before the BOARD separately for approval. 4. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the Page 2 of 3 remaining portions of this Resolution. 8B S. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. This Resolution adopted this thirteenth day of April 2004, after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK By Att �,puzy C rk Stan- leitefor m�and: e 1 sifff'ci ncy. J Patrick G. White Assistant County Attorney Item # .40_ Agenda Date O Ha Date Rac'd Page 3 of 3 BOARD OF COUNTY COMMISSIONERS OF COLLIE COUNTY, FLORIDA By: D NNA FIALA, CHAIRMAN ■ ■ MEMORANDUM Date: May 12, 2004 To: Janeen Person Grants Development Coordinator From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Certifications and HUD Forms SF 424 regarding Consolidated Plan One -Year Action Plan for FY 04 -05 Enclosed please find original documents as referenced above (Agenda Item . #8B) as approved by the Board of County Commissioners on Tuesday, April 13, 2004. Please forward to appropriate parties for signatures and return a fully executed original to Minutes and Records. If you should have any questions, please call me at 774 -8411. Thank you. Enclosures W ' Memorandum 88 To: From: Date: Subject: Sue Filson Janeen D. Person, Grants Development Coordinator May 12, 2004 FY 04 -05 Consolidated Plan One -Year Action Plan Signature Documents Attached are the Certifications and HUD Forms SF 424 regarding the Consolidated Plan One- Year Action Plan for FY 2004 -2005, which was approved by the BCC on the 4/13/04 summary consent agenda, item J;Ur S a I am requesting these documents be presented to Commission Chair Donna Fiala for her signature so we may send the Action Plan and this documentation to the U.S. Department of Housing and Urban Development at the end of this week. Thank you for your assistance with this matter. Financial Administration and Housing Department Community Development and Environmental Services Division APPLICATION FOR Version 7/03 rCUtKAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier May 14, 2004 M- 04-UC- 120017 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Application Pre - application rl Construction Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier Non - Construction Non - Construction 5. APPLICANT INFORMATION Legal Name: Organizational Unit: Collier County Board of Commissioners Department: Financial Administration & Housing Department Organizational DUNS: Division: 076997 Community Development & Environmental Services Addresss: : Name and telephone number of person to be contacted on matters Street: 2800 N. Horseshoe Drive, Suite 400 Involvin this application (give area code) Prefix: First Name: Ms. Janeen N ples MDid�dl�e Name Collier County Person on State: Florida Zip Code Suffix: 34 Country: United States Email: JaneenPerson@colliergov.net S. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) Fax Number (give area code) QQ — ®Q Q® 5❑ 5❑ j (239) 213 -2901 (239) 403 -2331 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) t New 71 Continuation `r Revision B If Revision, enter appropriate letter(s) in box(es) See back of form for description of letters.) Other (specify) ❑ ❑ Other (specify) 9. NAME OF FEDERAL AGENCY: U.S. Department of Housing & Urban Development 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: ®_ ©O� CHDO assistance, TBRA, down payment assistance and owner- TITLE (Name of Program): occupied rehabilitation program for very-low and low income HOME Participating Jurisdiction households in Collier County. 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): Collier County, FLorida 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: Ending Date: 7/01/04 a. Applicant I b. Project 6/30/05 14 & 25 P4 g 25 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE a. Federal ORDER 12372 PROCESS? 880,307 a. Yes. 0 THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant PROCESS FOR REVIEW ON DATE: b. No. j PROGRAM IS NOT COVERED BY E. O. 12372 OR PROGRAM HAS NOT BEEN SELECTED BY STATE c. State d. Local e. Other f. Program Income — FOR REVIEW 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL 880,307 rl Yes If "Yes" attach an explanation. J No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Representative ae x First Name Donna Middle Name Last Name Fiala Suffix ub. Title Chairman, Collier County Board of Commission . Telephone Number (give area code) Signature of Pk odred Representative 239 774097. t - Date S�'gred May 12, 2004 Previous Editidn Usable Authorized fbr Local Reowiiu_ction Standard Forth 424 (Rev.9 -2003) Prescribed by OMB Circular A -102 ATTS:. DWWT E. BROCK,_OLEIRK hpproved OS to r-rn i I ufticie 1u� �t�epury'Cle 3'° Courtly Attorroy APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED May 14, 2004 I. TYPE OF SUBMISSION: 3. DATE RECEIVED BY Application Pre - application 0 Construction 12 Construction 14. DATE RECEIVED BY Collier County Board of Commissioners N. Horseshoe Drive, Suite 400 Collier Zip 8. TYPE OF APPLICATION: F New '71 Continuation i Revision If Revision, enter appropriate letter(s) in box(es) ;See back of form for description of letters.) ❑ El Other (specify) TITLE (Name of Program): CDBG Entitlement 12. AREAS AFFECTED B' Collier County, FLorida 7/01/04 15. ES1 a. Fede C. e. Other f. Program g.TOTAL a® -ooa Counties, States, etc.): Date: 2,765,000 120016 State Version 7/03 Financial Administration 8 Housing Department Division: Community Development 8 Environmental Services Name and telephone number of person to be contacted on matters involvin I this �Fii'rst n (give area code) Prefix: Name: Ms. neen Middle Name Dawn Last Name Person Suffix: Email: JaneenPerson@colliergov.net Phone Number (give area code) (239) 213 -2901 r•ax Number (give area code) (239) 403 -2331 back of form for Application Type B ther (specify) 9. NAME OF FEDERAL AGENCY: U.S. Department of Housing 8 Urban Development 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: Neighborhood improvements, land acquisition, job creation, senior citizen center, infrastructure support for affordable housing development, housing rehabilitation, mental health services program, youth and family services prevention program, and youth employment program to very-low and low income households and persons throughout Collier County. 14. CONGRESSIONAL DISTRICTS OF: a. Applicant b. Project 14825 4825 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVI ORDER 12372 PROCESS? a. Yes. THIS PREAPPLICATION /APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: b. No. yl PROGRAM IS NOT COVERED BY E. O. 12372 OR PROGRAM HAS NOT BEEN SELECTED BY STATE F 2,765,000' I '77 Yes If "Yes" attach an explanation J No BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION / PREAPPLICATION ARE TRUE AND CORRECT. THE HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE kSSURANCES IF THE ASSISTANCE rs AwAQnen Chairman, Collier County Board of Commissione Signature of Authorized Representative. +,,,,,, Previous Edition Usable Authorized for Local Reorodutli'on ,aLL'y ATTEST: r� DWIGHT E. BROCK, IERK Deputy Cjerk �'• Name (give area code) May 12, 2004 Standard Forth 424 (Rev.9 -2003) Prescribed by OMB Circular A -102 Nvwovw as to su • ; rk:y APPLICATION FOR FEDERAL ASSISTANCE 1. TYPE OF SUBMISSION: _ Application Pre - application 0 Construction '] Construction Legal Name: Collier County Board of Commissioners 2800 N. Horseshoe Drive, Suite 400 6. IV New IT1 Continuation T- Revision f Revision, enter appropriate letter(s) in box(es) See back of form for description of letters.) Other (specify) o ® -©oo States, etc.). Collier County, FLorida BY ST Name and tok Involving this Prefix: Ms. Middle Name Dawn Last Name & Housing Department t & Environmental Services rmber of person to be con )n (give area code) Jansen Version 7/03 on matters -janeen rerson(agcolUergov. net Phone Number (give area code) Fax Number (give area code) (239) 213 -2901 (239) 403 -2331 7. TYPE OF APPLICANT: (See back of form for Application Type B ether (specify) U.S. Department of Housing & Urban Development 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: To support providers of shelter and services to homeless persons and families by providing funds to prevent homelessness, to deliver essential services to homeless persons, and to maintain and operate facilities for the homeless. 7/01104 1 6/30 /05v�c 114 a. Applicant &25 b. F 4& a. Federal nucrc,c i� rK tre557 96,461 a. Yes. - THIS PREAPPLICATION/APPLICATION WAS MADE b. Applicant AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON c. State DATE: d. Local b. No. 71 PROGRAM IS NOT COVERED BY E. O. 12372 7e—ther °I OR PROGRAM HAS NOT BEEN SELECTED BY STATE g. TOTAL 96 461 11 Yes If "Yes" attach an explanation . No 18 TO TYC Deer OF MY gar KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT. THE TOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE \TTACHED ASSURANCES IF THE ASSISTONCF Ic eweoncn Chairman, Collier County Board of Commissioners 41 Telepho b S19nature of Atrthenzari Ronrc� „• • l (239) 774 Authorized for ro ' 112 ATITIM DWIGHME $RACK, D$p1 tyCle - sigattwe a01y. (give area code) Standard Form 424 (Rev.9 -2003) Prescribed by OMB Circular A -102 "'�pproyed os t for /j, I i su i er>C* COUntY Attor' , -78- 6.0 CERTIFICATIONS V The Following certifications are included as required by the Title 24 Housing and Urban Development/24 CFR 91.225. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida Certifications -79- NIB Le- 111 In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing — The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti- displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug -free workplace by: Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug -free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug -free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph l; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida -80- to every grant officer or other designee on whose grant activity the convicted emB a was ` working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs 1, 2, 3, 4, S and 6. Anti- Lobbying -- To the best of the jurisdiction's knowledge and belief. 1 • No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3 • It will require that the language of paragraph 1 and 2 of this anti - lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction — The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida -8 .1 -8 Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. DolFia, hairman Collier County Board of County Commissioners Collier County, Florida Date ATTEST. DWIGHT E BROCK,,CLERK e ^ S �C-) •Deputy,.Cleik'• , ;J;: . App ov MC egal sufficiency J- Patrick G. White, Assistant County Attorney Item # 8L___, , Date _ / Date Rate Recd Consolidated Plan One -Year Action Plan FY2004 -2005 Collier County, Florida Specific CDBG Certifications -82- The Entitlement Community certifies that: 88 Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long -term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: i • Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the Prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year 2004 shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assess or charge may be made m against the property with respect to the public improvements financed by a Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida financed from other revenue sources I th' -83- a case, an or against the property with respect to the public improvem ntssfinanced by age may be made 8B source other than CDBG funds. Also, in the case of properties owned and occupied by moderate - income (not low- income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force — It has adopted and is enforcing: 1 • A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non - violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non - violent civil rights demonstrations within its jurisdiction; Compliance With Anti - discrimination laws — The conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d)uthe Fair Hou in sActd42 in USC 3601- 3619), and implementing regulations. g Lead -Based Paint — Its notification, inspection, testing and abatement procedures concerning lead - based paint will comply with the requirements of 24 CFR §570.608; Compliance with Laws -- It will comply with applicable laws. Donna Fi a, airman Collier County Board of County Commissioners Collier County, Florida Date ATTEST:: DWIG14T_E:E ,CLERK Atti ;t:: p Joved to form & legal sufficiency Patrick G. White, Assistant County Attorney Consolidated Plan One -Year Action Plan FY 2 Collier County, Florida a o 7-MI )2s b E� C [Y Specific HOME Certifications -84- The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance — If the participating jurisdiction intends to provide tenant -based rental assistance: The use of HOME funds for tenant -based rental assistance is an essential element of the Participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs — it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in 24 CFR § 92.214. Appropriate Financial Assistance — before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing. Donna F ala, Chairman Collier County Board of County Commissioners Collier County, Florida Date ATTEST: DWIGHT E. BR, 6* eputy clerk >R to CM'�en's signstKe •_�� "nor•. :.,�•``:J' pp oved to form legal sufficiency Patrick ite, Assistant County Attorney 4 Da'e Recd �•l2• Qt( 44uty erk Co nsolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida Specific ESG Certifications -SS- The Emergency Shelter Grantee certifies that: 88 Major Rehabilitation/Conversion — It will maintain any building for which assistance is used under the ESG program as a shelter for homeless individuals and families for at least 10 years. If the jurisdiction plans to use funds for purposes less than tenant -based rental assistance, the applicant will maintain any building for which assistance is used under the ESG program as a shelter for homeless individuals and families for at least 3 years. Essential Services — It will provide services or shelter to homeless individuals and families for the period during which the ESG assistance is provided, without regard to a particular site or structure as long as the same general population is served. Renovation — Any renovation carried out with ESG assistance shall be sufficient to ensure that the building involved is safe and sanitary. Supportive Services — It will assist homeless individuals in obtaining appropriate supportive services, including permanent housing, medical and mental health treatment, counseling, supervision, and other services essential for achieving independent living, and other Federal State, local, and private assistance. Matching Funds — It will obtain matching amounts required under CFR §576.71 of this title. Confidentiality — It will develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence Prevention or treatment services under any project assisted under the ESG program, including protection against the release of the address or location of any family violence shelter project except with the written authorization of the person responsible for the operation of that shelter. Homeless Persons Involvement — To the maximum extent practicable, it will involve, through employment, volunteer services, or otherwise, homeless individuals and families in constructing, renovating, maintaining, operating facilities, and pro ing services assisted through this program. Donna Fi a, hainman Collier County Board of County Commissioners Collier County, Florida Date to Patrick G. White, ATTEST, - DWIGt1?' BROC CU* nsolidated Plan One -Year Action Plan FY ,., _ - ' G • Collier County, Florida QepufyCtarlr= t t to chafroart'� signature only. & legal sufficiency Q� ) APPENDIX TO CERTIFICATIONS -86- INSTRUCTIONS CONCERNING LOBBYING AND DRUG -FREE WORKPLACE 8B REQUIREMENTS: A. LobbvimCertification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug -Free Workplace Certificate„ I • By signing and/or submitting this application or grant agreement, the grantee is providing the certification. g 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the certification, or otherwise violates the requirements of the Drug -Fee nWorkplace ct,eHUD in a false addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. 3 • Workplaces under grants, for certification. If known, they may be identified in the grant application. d If the be identified on the identify the workplaces at the time of application, or upon award, if there is noapplication, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug -free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descri tions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Consolidated Plan One -Year Action Plan FY 2004 -2005 Collier County, Florida Place of Performance (Street address city, -87- ty county, state, zip code }: Collier County Board of Commissioners Administration Building 88 3301 East Tamiami Trail Naples, FL 34112 -and- Collier County Financial Administration and Housing Department 2800 North Horseshoe Drive, Suite 400 Naples, FL 34104 Check _ if there are workplaces on file that are not identified here. The certification with regard to the drug -free workplace is required by 24 CFR part 24, subpart F. 7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. Grantees' attention is called, in Particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 throu 1308.15); gh "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non - Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged grant, including: All "direct charge" employees; (ii) all indi ect charge', to employees unless a g (�) impact or involvement is insignificant to the performance of the p y ess their and consultants who are directly engaged in the performance of work under ithe m ant an personnel on the grantee's payroll. This definition does not include workers not on the payroll O the grantee are (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipiens or subcontractors in covered workpla Donna ala, Chairman roved as to fo &legal sufficiency Collier County Board of County Commissioners Collier County, Florida Date .. ... { atrick te, Assistant Co»nty Aff..," _ ATTEST DW*H E. BROCK� Cl K Consolidated Plan One -Year Action Plan Collier County, Florida Deputy Clerk r-09d'tO S��cit«tt't' airman's M '7004q2_ 05 c ai a> 77 88- uMemorandum To: Commissioner Donna Fiala, Chair Collier County Board of Commissioners From: Janeen D. Person, Federal /State Grants Administration Manage Financial Administration and Housing Date: September 27, 2004 Re: HUD Grant Agreements On September 8, 2004 The Collier County la Plan for fiscal approval 0 was approved by the U.S. DepartmenofHou9 and U ban Development (HUD)This includes the following funding: Community Development Block Grant (CDBG) Program $2,765,000.00 HOME Investment Partnerships (HOME) Program $ 882,496.00 Emergency Shelter Grants (ESG) Program $ 96,461.00 The Total Funding Allocation $3,743,957.00 Enclosed are three grant agreements (CDBG, HOME & ESG.) Per Resolution 2004 - 112(4113104), you have authority to execute the documents pertaining to the HUD CDBG, HOME & ESG programs and accept grant funds on behalf of the County. Please sign all three (3) agreements (3 sets each). If you have any questions regarding the enclosed documents, or grant programs, please contact me at 213 -2901. Thank you. Department of Financial Administration and Housing Community Development and Environmental Services Division ITEM NO.: i' ;DA TIE-RECEIVED: FILE NO.: U15i ROUTED TO: DO NOT WRITE ABuvh ltltl zwAt.E Lung. way; ncv. w7li REQUEST FOR LEGAL SERVICES (Please type or print) 9/29/04 office of the County Attorney, Attn: Patrick White From: Janeen D. Person, (Name) CDES, (Division) Telephone # (Very Important): 213 -2901 Re: Requesting legal opinion. (Subject) FAH (Department) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be specific, concise, and articulate.) 'Y Need Patrick's signature attesting to the Legal Sufficiency of the HUD Grant Agreements (attached) pertaining to the FY 04 -05 Consolidated Plan One -Year Action Plan. (Are there documents or other information needed to review this matter? If yes, attach and reference this information.) These were approved by the BCC at the 4/13/04 Public Hearing, Resolution 2004 -112. This item has/has not been previously submitted. (If previously submitted provide County Attorney's Office File No.) This document has not been previously submitted for Patrick's signature. ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services.) 1. We are requesting the signature of the Assistant County Attorney attesting as to the Legal Sufficiency of the attached HUD Grant Agreements. OTHER COMMENTS: PPtµENT,,_" U.S. Department of Housing and Urban Development ANON ZaL III�IIII Region IV, Miami Field Office 9BNDEVE��Q Brickell Plaza Federal Building 909 SE First Avenue, Rm. 500 Miami, FL 33131 -3042 September 8, 2004 Honorable Donna Fiala, Chairman Collier County Board of Commissioners 3301 E Tamiami Trail Naples, FL 34112 Dear Chairman Fiala: SUBJECT: Collier County 2004 -2005 Action Plan Approval m,a, We are pleased to approve your one -year Action Plan for Fiscal Year 2004 funding. The grant assistance that is being approved with the Action Plan is as follows: Community Development Block Grant (CDBG) Program $ 2,765,000 Emergency Shelter Grants (ESG) Program $ 96,461 HOME Investment Partnerships (HOME) Program $ 789,189 American Dream Downpayment Initiative FY 03 -04 (ADDI) Program $ 93,307 The total allocation for your community is $3,743,957 Your FY 2004 program year began on July 1, 2004. We would like to take this opportunity to commend the County on the successful completion of the one -year Action Plan. We believe that the goals and objectives developed through this process provide the foundation for the formulation of new partnerships at all levels of government and with the private sector including for - profit and non - profit organizations. These partnerships are invaluable as you and your partners address the problems of affordable housing, homelessness, and economic opportunities for all citizens, particularly for very low - income and low- income persons. Enclosed are three originals of each of the required Grant Agreements and Funding Approvals. This constitutes the contract between our Department and the County. You should note any special conditions listed in the Funding Approvals. Please return two executed originals for each Grant, and retain the others for your records. www.hud.uov espanol.hud.gov In addition to the Grant Agreement, we have also enclosed a copy of "Consolidated Plan Advice and Guidance" applicable to the various Programs. Again, we congratulate you and your staff on the preparation of the one -year Action Plan. We look forward to working with you during the coming year to accomplish the goals the City has set forth and to further refine and improve the Consolidated Plan development process. In the meantime, if you have any questions or desire assistance concerning this letter or other items related to the community development programs, please contact Lisa Bustamante, CPD Representative, at (305) 536 -4431, ext. 2262. Sincerely, 7 r aria R. Ortiz -Hill Director, Community Planning and Development Enclosures cc: Mr. H. Denton Baker, Financial Housing Department Director SPECIAL CONTRACT CONDITIONS - FY 2004 Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. ►88 °. CONSOLITATED PLAN ADVICE AND GUIDANCE Reporting Requirements for Fiscal Year 2004 Grants The Consolidated Annual Performance Evaluation Report (CAPER) (Section 91.520) for the 2003 Program Year is due in this office no later 90 days after your program year end date. Which includes CDBG, ESG and HOME. Integrated Disbursement Information System (IDIS) The Community may add or delete individuals authorized to access the Integrated Disbursement and Information System (IDIS). An IDIS Access Request Form must be prepared, notarized and returned to this office with the Grant Agreement. The Direct Deposit sign -up Form (SF- 1199A) must be completed: if there is the need to establish or change banking information. Both the Grantee and the financial institution must complete the form. The completed SF1199A Form must be returned to this office. Environmental Review Procedures Certain activities included in the Consolidated Action Plan are subject to the provisions of 24 CFR Part 58 (Environmental Review Procedures for the CDBG Program). Funds for such activities may not be obligated or expended unless the release of funds has been approved in writing by HUD. A request for the release of funds must be accompanied by an environmental certification. Appropriate forms are enclosed. Technical assistance on these procedures is available from your CPD Representative or from Al Cazzoli, Environmental Specialist, at (305) 536 -5678 Ext. 2276 ESG Expenditure Deadlines There are two critical deadlines set forth in the ESG program regulations. Title 24 of the Code of Federal Regulations (CFR), Section 576.55(b), requires that all ESG grant amounts be obligated by 180 days and expended by 24 months after the date of the grant award letter. Any grant amounts that are not obligated and expended by these dates may be recovered and reallocated for use in accordance with 24 CFR 576.67. These deadlines represent maximum time periods. We trust that each grantee will make every effort to obligate and expend all funds within these periods. ORIGINAL DOCUMENTS CHECKLIST & ROUTIN SL TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMNIISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Qriginal documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in routin order Office Initials Date 1 appropriate. Initial) twb . a90 Agenda Date Item was 2. Agenda Item Number 8B Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed 3. Type of Document Grant Agreements Number of Original 9 for signature Attached 4. Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC 5. Sue Filson, Executive Manager Board of County Commissioners Chairman and Clerk to the Board and possibly State Officials.) PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Janeen Person Phone Number 403 -2330 Contact appropriate. Initial) twb . a90 Agenda Date Item was 4 -13 -04 Agenda Item Number 8B Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Grant Agreements Number of Original 9 for signature Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST * ,Flub *As I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip )br"A DA D AWI-eS. WWS Original 9.03.04 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the A-)1A document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. AJ /,01- Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! * ,Flub *As I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip )br"A DA D AWI-eS. WWS Original 9.03.04 • r MEMORANDUM Date: October 5, 2004 To: Janeen Person Grants Development Coordinator From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: HUD Grant Agreements Enclosed please find three (3) sets of the original documents as referenced above (Agenda Item #813 ) as approved by the Board of County Commissioners on Tuesday, April 13, 2004. The Minutes & Records Department has kept a set of originals for the official record. If you should have any questions, please call me at 774 -8406. Thank you. Enclosures � r • r Grant No.: S- 04 -UC -12 -0024 Official Contact Person: Janeen D. Person Telephone No: (239) 213 -2901 FAX: (239) 403 -2331 E -mail Address: JaneenPersongcollier ov.net Tax ID No: 59- 6000558 Unit of Government No: 129021 FY 2004 LOCAL GOVERNMENT GRANT AGREEMENT EMERGENCY SHELTER GRANTS PROGRAM This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and, Collier County, for FY 2004 of the Emergency Shelter Grants Program in the amount of 96,461. This grant was authorized by Subtitle B of Title IV of the McKinney -Vento Homeless Assistance Act, 42 U.S.C. 11301 (1988), as amended (the "Act "). In addition, the grant operates through HUD's regulations at 24 CFR Part 576, as now in effect and as may be amended from time to time, which are incorporated as part of this Agreement. In reliance upon the Consolidated Plan and certifications, the Secretary agrees, upon execution of the Grant Agreement, to provide the Grantee with the agreed grant funds. The grantee must comply with requirements for record keeping and annual performance reporting to HUD within 90 days after the close of its consolidated program year, as required by 24 CFR 91.520. This includes the periodic information collected through HUD's Integrated Disbursements and Information System (IDIS). The grantee's IDIS reporting must include information on grant activities, project sponsors, project sites, and beneficiaries (including racial and ethnic data on participants). This information will be used for program monitoring and evaluation purposes. The Grantee agrees to comply with all applicable laws and regulations in distributing funds provided under this Grant Agreement and to accept responsibility for ensuring compliance by recipient entities which my receive funding assistance. The Grantee agrees to comply with the provisions of the environmental requirements of 24 CFR Part 58 as applicable under 24 CFR 576.57(e) with respect to funds provided under this Grant Agreement. The Grantee further agrees to provide sufficient detail on matching funds so as to identify the specific sources and amounts of the funds as required by 42 USC 11375(a)(1). The following parties execute this Grant Agreement on the dates set forth below as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development By: .''8/17/2004 Maria R. Ortiz -Hill Date Community Planning and Development Director Title GRANTEE Item # Agenda L I By: tl_��--� Date Daub Signature and Date Recd 4UP5 Typed Name of Signatory J ATTEST: . DWIGHT: EK, CK `J t Title hA Cr ` attest. s "Cho s ved a.s to f rm leg Sufficiency st9rtt•�M11 �' = °" �s AssisteV County i %ttcrncy o,C. 0.(. t Funding Approval and HOME U.S. Department of Housing and Urban Development Investment Partnerships Agreement Office of Community Planning Title H of the National Affordable Housing Act and Development O B Approval No. 2506 -0171 P. B (ExOM /31!2007) Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number. The HOME statute imposes a significant number of data collection and reporting requirements. This includes information on assisted properties, on the owners or tenants of the properties, and on other programmatic areas. The information will be used: 1) to assist HOME participants in managing their programs; 2) to track performance of participants in meeting fund commitment and expenditure deadlines; 3) to permit HUD to determine whether each participant meets the HOME statutory income targeting and affordability requirements; and 4) to permit HUD to determine compliance with other statutory and regulatory program requirements. This data collection is authorized under Title II of the Cranston - Gonzalez National Affordable Housing Act or related authorities. Access to Federal grant funds is contingent on the reporting of certain project- specific data elements. Records of information collected will be maintained by the recipients of the assistance. Information on activities and expenditures of grant funds is public information and is generally available for disclosure. Recipients are responsible for ensuring confidentiality when public disclosure is not required. 1. Participant Name and Address 2. Participant Number Collier County M04 -UC -12 -0217 3. Tax Identification Number 2800 N. Horseshoe Drive, Suite 400 59- 6000588 4. Appropriation Number Naples, FL 31104 863/602054 - 864/602054 5. FY (yyyy) 2004 6. Previous Obligation (Enter "0" for initial FY allocation) $ Formula Funds Is a. : , QN, �� ,� b. Community Housing Development Org. (CHDO) Competitive $ s 7. Current Transaction (+ or -) $ a. Formula Funds $ 882,496. j 1. CHDO (For deobligations only) $; 2. Non- CHDO (For deobligations only) $ b. CHDO Competitive Reallocation or Deobligation (see #18 below) $z 8. Revised Obligation $ a. Formula Funds I $ b. CHDO Competitive Reallocation I $ � R1111o, 1 9. Special Conditions (check applicable box) 10. Date of Obligation (Congressional Release Date) ® Not applicable ❑ Attached (mm /dd /yyyy) 08 / 17 / 2004 This Agreement between the Department of Housing and Urban Development (HUD) and the Participating Jurisdiction /Entity is made pursuant to the authority of the HOME Investment Partnerships Act (42 U.S.C. 12701 et seq.). The Participating Jurisdiction's /Entity's approved Consolidated Plan submission /Application and the HUD regulations at 24 CFR Part 92 (as is now in effect and as may be amended from time to time) and this HOME Investment Partnership Agreement, form HUD - 40093, including any special conditions, constitute part of this Agreement. Subject to the provisions of this Agreement, HUD will make the funds for the Fiscal Year specified, available to the Participating Jurisdiction /Entity upon execution of this Agreement by the parties. All funds for the specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment by HUD, without the Participating Jurisdiction's execution of the amendment or other consent. HUD's payment of funds under this Agreement is subject to the Participating Jurisdiction's /Entity's compliance with HUD's electronic funds transfer and information reporting procedures issued pursuant to 24 CFR 92.502. To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, deobligate funds previously awarded to the Participating Jurisdiction /Entity without the Participating Jurisdiction's /Entity's execution of the amendment or other consent. The Participating Jurisdiction /Entity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies as affordable housing. Repayment shall be made as specified in 24 CFR Part 92. The Participating Jurisdiction agrees to assume all of the responsibility for environmental review, decision making, and actions, as specified and required in regula3iW-bt2+,CFR 92.35Aand 24 CF"art 58. 11. For the U.S. Department of HUD (Name and Title of Authorized Official) Si r / ` / 3. Date Maria R. Ortiz -Hill, Director Community, Planning and 1 / 08 / 17 / 2004 14. For the Participating Jurisdiction /Entity (Name and Title of Authorized Official) 15. Signa ; . ,1 6. Date Donna Fiala, Chairman, Board of Commissioners , 17. Check one: M Initial Agreement 18. Funding Information: Source of Funds Aoorooriation Code PAS Code Amount FY 2003 ADDI 863/50205 HMC $42,801. FY 2004 ADD] 864/60205 HMC $50,506. DWIGHT e. BACK, CLERK E] Amendment # CHDO Competit , Source of Funds ��e A' r A1A AWr oved s�. to form 8 �tFfACl** ME, A3rcl tent County Attern©y (04/2004) Funding Approval /Agreement Title I of the Housing and Community Development Act (Public Law 930383) HI- 00515R of 20515R 1. Name of Grantee (as shown in item 5 of Standard Form 424) Collier County 2. Grantee's Complete Address (as shown in item 5 of Standard Form 2800 N. Horsehoe Drive, Suite 400 Naples, FL 34104 U.S. Department of Housing and Urban Develo e Office of Community Planning and Development Community Development Block Grant Program 3. Grantee's 9 -digit Tax ID N 59- 6000558 5a. Project/Grant No.1 B- 04 -UC -12 -0016 5b. Project/Grant No. 2 5c. ProiectlGrant No. 3 use of funds may begin ivvw) 7/l/04 2,765,000. 66. Amount Apprn 6c. Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre - agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-recipient entities to which it maKes runcing assistancc tic, cui,uc, avauaut-. U.S. Department of Housing and Urban Development (By Name) Grantee Name Maria R. Ortiz -Hill Title Co Tanning anchD clop en Director Sign re ' Date (mmlddlyyyy) 8/17/04 Title Signature Date (mMddlyyyy) . ategory of Title I Assistance for this Funding Action (check only one) ® a. Entitlement, Sec 106(b) ❑ b. State - Administered, Sec 106(d)(1) ❑ c. HUD - Administered Small Cities, Sec 106(d)(2)(8) 8. Special Conditions (check one) ® None ❑ Attached 9a. Da iv ubm' (mmlddlyyyy) 5/14/04 e ® a. ON. Funding Approval ❑ b. Amendment Amendment Number 9b. Date Grantee Notified (mmlddlyyyy) 9c. Date of Start of Program Year ❑ d. Indian CDBG Programs, Sec 106(a)(1) I (mmlddlyyyy) 7/1/04 11. Amount of Community Development Block Grant FY (200lAgen. ❑ e. Surplus Urban Renewal Funds, Sec 112(b) ❑ f. Special Purpose Grants, Sec 107 ❑ g. Loan Guarantee, Sec 108 a. Funds Reserved for this Grantee T E.1 RO, , L b. Funds now being Approved 2,765` c. Reservation to be Cancelled 11a minus 11b ,o., A.......�f of I �.n r3,,.mntp r.nmmHmpnt nnw heino ADDroved 12b. Name and complete Address of Pul r�rlan Loan Gu arantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. Title Signature Authorized s �r+aE.ure oa 1 y HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mmlddlyyyy) F M��c� A mount Y Project Number 'Approve M & le -1 Suffic Eenc`,, Y Pro'ect Number Amount Date Entered PAS (mmlddlyyyy) Date Entered LOCCS (mmlddlyyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD -7082 (4193) 88 0 Memorandum OR 10 To: Patricia Morgan, Supervisor Clerk of Courts — Minutes and Records From: Nancy Mesa — Grants Support Specialist Date: November 19, 2004 Subject: Subrecipient Agreement Re: CDBG FY 2004 — 2005 Attached please find the original subrecipient agreement between Collier County and Youth Haven, Inc. for CDBG funding in the amount of $ 92,000 toward a program that will provide individualized service planning to the primary caretaker of children to prevent child abuse, abandonment, and neglect. This was included in the County's Consolidated Plan One -Year Action Plan FY 2004.2005 as approved by the BCC on April 13, 2004 — Item 8B. The account string for this grant is 121 - 138755 - 882100 - 345101. Please call me at 6619 -5770 if you have any questions. Thank you. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator - Administrative Services Division Gwen Butler, Operations Manager - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division AGREEMENT BETWEEN COLLIER COUNTY AND YOUTH HAVEN, INC. Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B- 04 -UC -12 -0016 THIS AGREEMENT, is entered into this //-//) day of 206 by and between Collier County, a political subdivision cf the State of Florida, hereinafter referred to as "COUNTY ", and Youth Haven, Inc.," a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at 5867 Whitaker Road, Naples, FL 34112 -2963, and its Federal Tax Identification number as 23-7065187, hereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development 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 Fiscal Year 2004 -2005 Consolidated One -Year Action Plan was developed following the Collier County Consolidated Plan— Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 for the CDBG Program by Resolution on April 13, 2004, including the use of this standard form Agreement; and Youth Haven, Inc. Page 1 of 22 jwlll� WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, COUNTY and Youth Haven, Inc. desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, COUNTY desires to engage Youth Haven, Inc. to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) "County" means Collier County, and where applicable, its authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "FAH" means the Financial Administration and Housing Department of Collier County. (4) "SUBRECIPIENT" means Youth Haven, Inc. (5) "FAH Approval" means the written approval of the FAH Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A ". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B" along with Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B- 04 -UC -12 -0016. The effective date shall be the latest date of execution of this Agreement, and 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 30, Youth Haven, Inc. Page 2 of 22 2005. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB - RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $92,000 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 improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty -five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, Youth Haven, Inc. Page 3 of 22 4 .• 88 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010, which describes Youth Haven, Inc. Page 4 of 22 �• 88 the Davis -Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A -3. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti - Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A -102. This subpart includes 24 CFR 570.502. 26. OMB Circular A -133 - concerning annual audits. 27. OMB Circular A -122 - which identifies cost principles. 28. Section 109, Public Law 100 -202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A -110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non - Profit Organizations. 30. 24 CFR Part 85- OMB Circular A -102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. Youth Haven, Inc. Page 5 of 22 I% In k 88 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 FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the FAH Department or his designee. AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. E. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the County harmless and will indemnify the County for funds, which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. Youth Haven, Inc. Page 6 of 22 F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH 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. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident /occurrence per Florida Youth Haven, Inc. Page 7 of 22 Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident /occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non -owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida its Officers, Employees, and Agents, c/o Department of Financial Administration and Housing_ ". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. Youth Haven, Inc. Page 8 of 22 mx!� INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. VIII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A —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. B. DOCUMENTATION AND RECORD- KEEPING The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the County by the SUBRECIPIENT at any time upon request by the County or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE /MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C ". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis - Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall 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. Youth Haven, Inc. Page 9 of 22 A 1•, E. F. Lei, 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, which are incorporated herein by reference. 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. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the County, or HUD at any time. PRIOR WRITTEN APPROVALS - SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of $1,000 or more; (c) All out -of -town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); (d) All change orders; and (e) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (f) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Youth Haven, Inc. Page 10 of 22 �. 8B Circulars A -110 (Uniform Administrative Requirement for Federal Grants), A -122 (Cost Principles for Non - Profit Organizations), A -133 (Audits of State, Local Governments, and Non - Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A -133 (Audits of State, Local Governments, and Non - Profit Organizations), the County reserves the right to require submission of audited financial statements and /or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A -133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. H. PROGRAM - GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAH. 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 FAH, and said plan shall require the prior written approval of the FAH Department or 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. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub - contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. Youth Haven, Inc. Page 11 of 22 Jffiv IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ETNERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority /women -owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority /women owned business enterprises shall be located in or owned by residents of the 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 through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to FAH, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the County. The Youth Haven, Inc. Page 12 of 22 88 SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the County or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). G. DRUG -FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the 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, Youth Haven, Inc. Page 13 of 22 ►. ts9 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 ForrrrLLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. 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 the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. C. LEAD -BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD- assisted housing and require that all owners, prospective owners, and tenants of Youth Haven, Inc. Page 14 of 22 io 8 properties constructed prior to 1978 be properly notified that such properties may include lead - based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any 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 that was acquired or improved in whole or in part with CDBG funds in excess of Twenty -five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -two (22) 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. Youth Haven, Inc. Page 15 of 22 A '1 88 XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this 17-1h day of d6r*7),L� 20 YOUTH HAVEN, BY: (SUBRECIPIENT SEAL) SIGNATURE BY: n 1` 51 M DATE: Patrick G. White \ Assistant County Attorney PRINT NAME COLLIER COUNTY, LLORIDA K.ISCITMITT, ADMINISTRATOR, NITY DEVELOPMENT & NMENTAL SERVICES Youth Haven, Inc. Page 16 of 22 EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: I_7 IC C PROGRAM DESCRIPTION: ,k 8B The program will provide individualized service planning to the primary caretaker of children to prevent child abuse, abandonment, and neglect. 600 participants /150 families will contain at risk children aged prenatal to three. This will fund an approximate 18% increase in service delivery (see attachment 21 of the application for service projection combinations). PROJECT SCOPE: NOTE 1: The SUBRECIPIENT shall conduct an initial pre - service intake and assessment in the client's home. NOTE 2: The SUBRECIPIENT shall use a post-service assessment tool to monitor the completion of any follow up services. NOTE 3: The SUBRECIPIENT shall establish a crisis intervention and on -going family stabilization component as needed in -home and by telephone. NOTE 4: The SUBRECIPIENT shall use an in -home component — Stabilization Service Plan/Parenting Service Plan and an out of home (OOH) community component. The OOH shall assist the client with: accessing resources and community /government organizations; and provide translation services. NOTE 5: The SUBRECIPIENT shall establish a networking component to serve as a connection for the client /family with neighborhood and social support. NOTE 6: The SUBRECIPIENT The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. BUDGET: Line Item: Personnel & fringe Mileage Telephone Office Supplies, printing & postage Advertising & employee screening Research & Development Orientation & Training CDBG Funds Other $79,500.00 $273,000.00 $4,500.00 $14,500.00 $3,000.00 $8,500.00 $2,800.00 $5,500.00 $800.00 $2,460.00 $600.00 $1,800.00 $800.00 $2,000.00 Youth Haven, Inc. Page 17 of 22 Total * Numbers were rounded $92,000.00 $307,760.00 • D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. List was provided. Staffing consists of: • Director of Programs • Program Supervisor • 1 Intake and Assessment Case Manager • 1 Resource Case Manager • Para Professional Aides (5 aides at $25,000) E. MEASURABLE PERFORMANCE OUTCOMES: The SUBRECIPIENT shall complete the following documents to report program successes: • The Adult- Adolescent Parenting Inventory • Goal Attainment Scaling • Safety and Childproofing Assessment • SASSI Substance Abuse Measure • Client Satisfaction Survey The above documents will be made available to FAH staff for monitoring when requested. F. FORMER PROJECTS: Failure to adequately maintain any former CDBG /HOME funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG /HOME funds. G. WORK SCHEDULE: The time frame for completion of the outlined activities shall be October 31, 2005. Fifty (50 %) per cent of the funding must be expended by March 31, 2005. H. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed 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 C ". The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. Youth Haven, Inc. Page 18 of 22 k 88 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Youth Haven Inc. Subrecipient Address: 5867 Whitaker Road, Naples, FL 34112 Project Name: Youth & Family Services - Countywide Project No: CD04 -10 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) 7. If applicable amount held as retainage to date by the County, if not retained by the sub - recipient. I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Supervisor Dept Director Date Youth Haven, Inc. Page 19 of 22 � 88 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the Idh of the following month. Status Report for Month of Submittal Date: Project Name Project Number Subrecipient: Contact Person Telephone: E -mail: Activity Number Fax: 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. New contracts executed this month (if applicable): Youth Haven, Inc. Page 20 of 22 • r Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on page 3) Ethnicity (see definitions on page 3) Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51 -80 %) Household 6. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). Enter the number of beneficiaries in the blank space and in box "1. " INCOME Of the households or persons assisted, are extremely low- income income (0 -30 %) of the current Median Family Income (MFI). Enter this number in box "2. " Of the households or persons assisted, are very low - income (31 -50 %) of the current Median Family Income (MFI). Enter this number in box "3. " Of these households or persons assisted, are low income (51 -80 %) of the current Median Family Income (MFI). Enter this number in box "4. " NOTE. The total of boxes 2,3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5 " below. BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51 -80 %) Household Assisted (0 -30 %) (31 -50 %) Youth Haven, Inc. Page 21 of 22 Subrecipients must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African - American: A person having origins in any of the black racial groups of Africa. 3. 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. 4. 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. 5. 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: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and 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: Youth Haven, Inc. Page 22 of 22 � 8B ,, Memorandum L107 To: Patricia Morgan, Supervisor Clerk of Courts — Minutes and Records From: Nancy Mesa — Grants Support Specialist Date: November 19, 2004 Subject: Subrecipient Agreement Re: CDBG FY 2004 — 2005 Attached please find the original subrecipient agreement between Collier County and David Lawrence Mental Health Center, Inc. for CDBG funding in the amount of $ 100,000 toward the Psychiatric Outpatient Routine Urgent Services (PORUS) Program which will provide psychiatric care and prescription medications to indigent and low- income persons. This was included in the County's Consolidated Plan One -Year Action Plan FY 2004.2005 as approved by the BCC on April 13, 2004 — Item 8B. The account string for this grant is 121 - 138755 - 882100 - 345101. Please call me at 659 -5770 if you have any questions. Thank you. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator - Administrative Services Division Gwen Butler, Operations Manager - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division <, IM AGREEMENT BETWEEN COLLIER COUNTY [Wrt DAVID LAWRENCE MENTAL HEALTH CENTER, INC. Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B- 04 -UC -12 -0016 THIS AGREEMENT, is entered into this 1Z-M day of A-1o014-n Ae-� 20n`, by and between Collier County, apolitical subdivision of the State of Florida, hereinafter referred to as "COUNTY ", and the David Lawrence Mental Health Center, Inc., a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at 6075 Golden Gate Parkway, Naples, FL 34116, and its Federal Tax Identification number as 59- 2206025, hereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development 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 Fiscal Year 2004 -2005 Consolidated One -Year Action Plan was developed following the Collier County Consolidated Plan— Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 for the CDBG Program by Resolution on April 13, 2004, including the use of this standard form Agreement; and David Lawrence Mental Health Center, Inc. Page 1 of 22 =40 WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, COUNTY and David Lawrence Mental Health Center, Inc. desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, COUNTY desires to engage David Lawrence Mental Health Center, Inc. to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) "County" means Collier County, and where applicable, its authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "FAH" means the Financial Administration and Housing Department of Collier County. (4) "SUBRECIPIENT" means David Lawrence Mental Health Center, Inc. (5) "FAH Approval" means the written approval of the FAH Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A ". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B" along with Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B- 04 -UC -12 -0016. The effective date shall be the latest date of execution of this Agreement, and the services of the David Lawrence Mental Health Center, Inc. Page 2 of 22 r /R( V 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 30, 2005. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB - RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $100,000 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 improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any David Lawrence Mental Health Center, Inc. Page 3 of 22 applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 David Lawrence Mental Health Center, Inc. Page 4 of 22 0" te B 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010, which describes the Davis -Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A -3. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti - Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A -102. This subpart includes 24 CFR 570.502. 26. OMB Circular A -133 - concerning annual audits. 27. OMB Circular A -122 - which identifies cost principles. 28. Section 109, Public Law 100 -202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A -110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non - Profit Organizations. 30. 24 CFR Part 85- OMB Circular A -102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. David Lawrence Mental Health Center, Inc. Page 5 of 22 V 8B C. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the FAH Department or his designee. D. AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. E. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the County harmless and will indemnify the County for funds, which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. David Lawrence Mental Health Center, Inc. Page 6 of 22 � 8E F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH or the County. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the SUBRECIPIENT, and the County may withhold any payment to the SUBRECIPIENT for set -off purposes until such time as the exact amount of damages due to the County from the SUBRECIPIENT is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident /occurrence per Florida David Lawrence Mental Health Center, Inc. Page 7 of 22 I� Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident /occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non -owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read 'Collier County Board of County Commissioners a Political Subdivision of the State of Florida, its Officers Employees and Agents c/o Department of Financial Administration and Housing ". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. David Lawrence Mental Health Center, Inc. Page 8 of 22 i I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. VIII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A —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. B. DOCUMENTATION AND RECORD- KEEPING The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the County by the SUBRECIPIENT at any time upon request by the County or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE /MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C ". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis - Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall 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. David Lawrence Mental Health Center, Inc. Page 9 of 22 k 0- 88 C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS AUDITS AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL FAH COUNTY AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the County, or HUD at any time. F. PRIOR WRITTEN APPROVALS - SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of $1,000 or more; (c) All out -of -town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); (d) All change orders; and (e) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (f) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB David Lawrence Mental Health Center, Inc. Page 10 of 22 goo tb 3 0-1 Circulars A -110 (Uniform Administrative Requirement for Federal Grants), A -122 (Cost Principles for Non - Profit Organizations), A -133 (Audits of State, Local Governments, and Non - Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A -133 (Audits of State, Local Governments, and Non - Profit Organizations), the County reserves the right to require submission of audited financial statements and /or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A -133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. H. PROGRAM - GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAH. 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 FAH, and said plan shall require the prior written approval of the FAH Department or 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. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub - contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. David Lawrence Mental Health Center, Inc. Page 11 of 22 ►. 8B IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority /women -owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority /women- owned business enterprises shall be located in or owned by residents of the 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 through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to FAH, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the County. The David Lawrence Mental Health Center, Inc. Page 12 of 22 � 8E SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the County or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). G. DRUG -FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the 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, David Lawrence Mental Health Center, Inc. Page 13 of 22 0 a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 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 the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and /or reduce the cost of said flood insurance. C. LEAD -BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD - assisted housing and require that all owners, prospective owners, and tenants of David Lawrence Mental Health Center, Inc. Page 14 of 22 properties constructed prior to 1978 be properly notified that such properties may include lead - based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any 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 that was acquired or improved in whole or in part with CDBG funds in excess of Twenty -five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -two (22) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of who shall be deemed to be an original, and such counterparts will constitute one and the same instrument. David Lawrence Mental Health Center, Inc. Page 15 of 22 imes XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this /7,117 day of 61 &VeM )00"'� DAVID LAWRENCE MENTAL HEALTH CENTER, INC. BY: (SUBRECIPIENT SEAL) S GNA, URE BY: DAVID SCHIMMEL, PRESIDENT DATE: Approved as to form and e 1 suffic'ency: 4- Patrick ite Assistant County Attorney IC COLLIER COUNTY, FLORIDA EPH K!SCHMITT, /ADMINISTRATOR, vIMUNITY DEVELOPMENT & NMENTAL SERVICES David Lawrence Mental Health Center, Inc. Page 16 of 22 EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: A. PROGRAM DESCRIPTION: This program will provide psychiatric care, nursing and licensed clinician staff services in addition to prescription medications to indigent and low-income persons. The Psychiatric Outpatient Routine and Urgent Services ( PORUS) program will be expanded to include an urgent care component for approximately 125 additional patients and an estimated 18 patients per week will receive patient assistance or indigent drug coverage. B. PROJECT SCOPE: Participant Selection: 1. The anticipated annual household income of the participant shall be verified and not exceed the income limits as mandated by the U.S. Department of Housing and Urban Development (HUD). 2. The SUBRECIPIENT shall submit its forms /documents for income eligibility determination to FAH and obtain a letter of approval prior to administrating the federally funded PORUS component. Responsibilities: 1. The SUBRECIPIENT shall be responsible for the compensation process including State /Federal payroll and tax return compliance for participating staff. 2. The SUBRECIPIENT shall submit payroll records as supporting documentation with request for payment to obtain reimbursement for staff services. 3. The SUBRECIPIENT shall not provide more then two (2) refills in addition to the original prescription of any one (1) drug to the same patient. The patient may receive more then one (1) type of drug. 4. The SUBRECIPIENT shall not submit more then three (3) invoices (initial prescription and 2 refills) per drug per patient for reimbursement. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. David Lawrence Mental Health Center, Inc. Page 17 of 22 C. BUDGET: Line Item: Prescriptions Urgent Care services Total E, 88 CDBG Funds Other $58,000.00 $42,000.00 $100,000.00 $52,000.00 $50,000.00 $102,000.00 D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget). E. WORK SCHEDULE: Fifty (50) percent of the finding must be expended by April 1, 2005. The time frame for completion of the outlined activities shall be June 15, 2005. F. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department by the 10th of the month following the reporting month outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed 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 used as an additional basis for FAH approval of invoices, etc. for reimbursement. See "Exhibit C ". David Lawrence Mental Health Center, Inc. Page 18 of 22 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION I: REQUEST Subrecipient Name: David Lawrence Center Subrecipient Address: Project Name: Project No: CD04 -10 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) 7. If applicable amount held as retainage to date by the County, if not retained by the sub - recipient. I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director David Lawrence Mental Health Center, Inc. Page 19 of 22 16-0. 88 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the 10 of the following month. Status Report for Month of Project Name Project Number Subrecipient: Contact Person Telephone: E -mail: Submittal Date: Activity Number Fax: 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. David Lawrence Mental Health Center, Inc. Page 20 of 22 � 88 5. New contracts executed this month (if applicable): Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on page 3) Ethnicity (see definitions on page 3) Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51 -80 %) Household 6. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits (either "households" or "persons ") and in box "1. " _ households or persons. Please circle one category Enter the number of beneficiaries in the blank space 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 this number in box "5 "below. BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51 -80 %) Household Assisted (0 -30 %) (31 -50 %) David Lawrence Mental Health Center, Inc. Page 21 of 22 Subrecipients must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African - American: A person having origins in any of the black racial groups of Africa. 3. 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. 4. 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. 5. 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: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and 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: David Lawrence Mental Health Center, Inc. Page 22 of 22 0 Memorandum To: Patricia Morgan, Supervisor Clerk of Courts — Minutes and Records From: Nancy Mesa — Grants Support Specialist Date: February 10, 2006 Subject: AMENDMENT TO SUBRECIPIENT AGREEMENT Re: CDBG FY 2004 — 2005 Attached is an amendment to the original subrecipient agreement between Collier County and David Lawrence Mental Health Center, Inc. for CDBG funding, toward the Psychiatric Outpatient Routine Urgent Services (PORUS) Program which will provide psychiatric care and prescription medications to indigent and low - income persons. This was included in the County's Consolidated Plan One -Year Action Plan FY 2004 -2005 as approved by the BCC on April 13, 2004 — Rom 8B. The account string for this grant is 121. 138755. 882100- 345101. Please call me at 659.5770 if you have any questions. Thank you. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator - Administrative Services Division Gwen Butler, Operations Manager - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division AMENDMENTTO AGREEMENT BETWEEN COLLIER COUNTY "Zinc DAVID LAWRENCE MENTAL HEALTH CENTER, INC. Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B- 04 -UC -12 -0016 THIS AMENDMENT to AGREEMENT, is entered into this L day of r✓ 20,k 5 by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ", and the David Lawrence Mental Health Center, Inc., a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at 6075 Golden Gate Parkway, Naples, FL 34116, and its Federal Tax Identification number as 59- 2206025, hereinafter referred to as " SUBRECIPIENT." WHEREAS, the COUNTY and the Subrecipient previously agreed to certain terms under the prior Agreement between the Parties dated November 17, 2004; and WHEREAS, COUNTY and "THE SUBRICIPIENT" desire to amend Exhibit A referenced in Part II of this Agreement, in accord with the approved 2004 -2005 Annual Consolidated Plan; and WHEREAS, COUNTY desires to engage "THE SUBRICIPIENT" to implement such amended undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes; and WHEREAS, COUNTY and the "THE SUBRECIPIENT" agree to this amendment of the original subrecipient agreement revising Scope of Services in SECTIONS A, C & E of EXHIBIT "A" and replacing that EXHIBIT with the attached hereto revised EXHIBIT A. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: That the Agreement of November 14, 2004, is amended to replace the prior attached Exhibit "A" with the attached, revised Exhibit "A." David Lawrence Mental Health Center, Inc. Page 1 of EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: A. PROGRAM DESCRIPTION: This program will provide two initial services. The first will consist of an URGENT CARE component, which will serve approximately 125 individuals who are indigent or qualify under the HUD low - income guidelines. This funding will cover the costs associated with urgent care in terms of helping individuals receive outpatient triage, medication clinic, assessments, and Information and Referral. These patients will be treated by counselors, physicians or licensed clinicians due to the fact that a proper assessment of needs must be determined, and medications have to be provided and administered. The second service provided will be Patient Assistance. Patient Assistance will cover the costs associated with nursing functions and aid in acquiring medications. This will serve individuals below the HUD low- income guidelines and those who are eligible for prescription scholarships. The subrecipient will be responsible for the creation and maintenance of files on the clients served. These files must contain accounting of services, including the hours spent by staff, the service provided by staff, income eligibility documentation collected from the patient, and the initial intake taken by staff. The subrecipient will be responsible for providing supporting documentation for services when a request for payment is made to FAH. B. PROJECT SCOPE: Participant Selection: 1. The anticipated annual household income of the participant shall be verified and not exceed the income limits as mandated by the U.S. Department of Housing and Urban Development (HUD). 2. The SUBRECIPIENT shall submit its forms /documents for income eligibility determination to FAH and obtain a letter of approval prior to administrating the federally funded PORUS component. Responsibilities: I. The SUBRECIPIENT shall be responsible for the compensation process including State /Federal payroll and tax return compliance for participating staff. 2. The SUBRECIPIENT shall submit payroll records as supporting documentation with request for payment to obtain reimbursement for staff services. David Lawrence Mental Health Center, Inc. Page 2 of 4 3. The SUBRECIPIENT shall not provide more then two (2) refills in addition to the original prescription of any one (1) drug to the same patient. The patient may receive more then one (1) type of drug. 4. The SUBRECIPIENT shall not submit more then three (3) invoices (initial prescription and 2 refills) per drug per patient for reimbursement. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. BUDGET: Line Item: CDBG Funds Other Service I = Urgent Care services $89,500.00 $50,000.00 Service 2= Patient Assistance $10,500.00 $52,000.00 Total $100,000.00 $102,000.00 D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget). E. WORK SCHEDULE The original timeframe dated November 17, 2004 indicated that for FIFTY (50) of the funding to be expended was April 1, 2005, which with this amendment has been extended to November 1, 2005. The original time frame for completion of the outlined activities was originally June 15, 2005, which with this amendment has been extended to December 31, 2005. F. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department by the 10'h of the month following the reporting month outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed 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 used as an additional basis for FAH approval of invoices, etc. for reimbursement. See "Exhibit C ". David Lawrence Mental Health Center, Inc. Page 3 of 4 • e • E WITNESS our Hands and Seals on this ,15j --day of _( {�/�� 20 e,5- DAVID LAWRENCE MENTAL HEALTH CENTER, INC. (SUBRECIPIENT SEA BY: L) IGN URE t BY: DAVACHIMMEL, PRESIDENT DATE: 16 - ?/-0 - pproved as to form and VIAegsuffi cy: BY Patric'te Assista nt County Attorney David Lawrence Mental Health Center, Inc. COLLIER COUNTY, FLORIDA CORMAC GIBLIN, HOUSING AND GRANTS MANAGER COMMUNITY DEVELOPMENT Page 4 of 4 Memorandum fOp10P To: Patricia Morgan, Supervisor Clerk of Courts — Minutes and Records From: Nancy Mesa — Grants Support Specialist Date: December 6, 2004 Subject: Subrecipient Agreement Re: CDBG FY 2004 — 2005 — Collier County Hunger & Homeless Coalition / Executive Director Attached please find the original subrecipient agreement between Collier County and Financial Administration and Housing Department (FAH) and the Collier County Hunger and Homeless Coalition, Inc. for CDBG funding in the amount of $ 15,000 towards the Collier County Hunger and Homeless Coalition executive director's salary. The subrecipient is primarily responsible for becoming familiar with each Coalition member, obtaining educational materials to familiarize self with services and organization(s) representing FAH and Collier County to the Collier County Hunger and Homeless Coalition. This was included in the County's Consolidated Plan One -Year Action Plan FY 2004 -2005 as approved by the BCC on April 13, 2004 — Item 8B. The account string for this grant is 121 - 138755. 882100. 345101. Please call me at 659 -5770 if you have any questions. Thank you. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator - Administrative Services Division Gwen Butler, Operations Manager - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division • .jl AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HUNGER & HOMELESS COALITION Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B- 04 -UC -12 -0016 s�- THIS AGREEMENT, is entered into this - day of Dec c" � w 2W Y by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and the Financial Administration and Housing Department, 2800 N. Horseshoe Drive, Suite 400, Naples, Florida 34104, hereinafter referred to as "FAH," and the Collier County Hunger and Homeless Coalition, Inc., a private not - for -profit corporation existing under the laws of the State of Florida, having its principal address as 2001 Airport Road South, Naples, FL 34112, and its Federal Tax Identification number as 04- 3610154, hereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development 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 Fiscal Year 2004 -2005 Consolidated One -Year Action Plan was developed following the Collier County Consolidated Plan — Citizen Participation Plan, adopted on January 9, 2001; and Collier County Hunger & Homeless Coalition/Executive Director Pagel of 23 � ■J I ■ WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 for the CDBG Program by Resolution on April 13, 2004, including the use of this standard form Agreement; and WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, COUNTY and SUBRECIPIENT desire to provide the activities specified in Part H of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, COUNTY desires to engage SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: L DEFMTIONS (1) "County" means Collier County, and where applicable, its authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "FAH' means the Financial Administration and Housing Department of Collier County. (4) " SUBRECIPIENT" means "Collier County Hunger & Homeless Coalition." (5) "FAH Approval" means the written approval of the FAH Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A." (9) "Parties" means COUNTY, FAH, and SUBRECIPIENT collectively. II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit `B" along with Exhibit "C," all of which are attached hereto and made a part hereof. Collier County Hunger & Homeless Coalition/Executive Director Page 2 of 23 aw*e III. TDAE OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B- 04 -UC -12 -0016. The effective date shall be the latest date of execution of this Agreement, and 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 October 30, 2005. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LMTATION OF COSTS The SUBRECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $15,000 (FIFTEEN THOUSAND DOLLARS) 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 improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. D0PLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the Collier County Hunger & Homeless Coalition/Executive Director Page 3 of 23 SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty -five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act Collier County Hunger & Homeless Coalition/Executive Director Page 4 of 23 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010, which describes the Davis -Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A -3. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti- Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A -102. This subpart includes 24 CFR 570.502. 26. OMB Circular A -133 - concerning annual audits. 27. OMB Circular A -122 - which identifies cost principles. 28. Section 109, Public Law 100 -202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A -110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non -Profit Organizations. Collier County Hunger & Homeless Coalition/Executive Director Page 5 of 23 Miffololual 30. 24 CFR Part 85- OMB Circular A -102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. C. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the FAH Department or his designee. D. AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Parry's authorized representatives. E. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the County harmless and will indemnify the County for funds, which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. Collier County Hunger & Homeless Coalition/Executive Director Page 6 of 23 • F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. G. TERN41NATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH 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. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. CON% ERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Collier County Hunger & Homeless Coalition/Executive Director Page 7 of 23 �44;i Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non -owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida. its Officers Employees and Agents. c/o Department of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage shall be included on the certificate(s). RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. Collier County Hunger & Homeless Coalition/Executive Director Page 8 of 23 • ; I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. VIII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A —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. B. DOCUMENTATION AND RECORD- KEEPING The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the County by the SUBRECIPIENT at any time upon request by the County or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C ". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall 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. Collier County Hunger & Homeless Coalition/Executive Director Page 9 of 23 C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS AUDITS AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the County, or HUD at any time. F. PRIOR WRITTEN APPROVALS- SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of $1,000 or more; (c) All out -of -town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); (d) All change orders; and (e) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (f) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Collier County Hunger & Homeless Coalition/Executive Director Page 10 of 23 H. I. Circulars A -110 (Uniform Administrative Requirement for Federal Grants), A -122 (Cost Principles for Non - Profit Organizations), A -133 (Audits of State, Local Governments, and Non -Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A -133 (Audits of State, Local Governments, and Non - Profit Organizations), the County reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A -133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. 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 FAH. 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 FAH, and said plan shall require the prior written approval of the FAH Department or 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. In addition to the foregoing, Program Income, as defined funds may be retained by the Agency. Program Incoi activities specified in "Exhibit A" of this Agreement, an shall apply to stated activities. Any Program Income SUBRECIPIENT or its sub - contractors after the expir returned to the County no later than thirty (30) days afl SUBRECIPIENT requests to utilize uncommitted funds. GRANT CLOSEOUT PROCEDURES by 24 CFR 570.500(a) for CDBG ie shall be utilized to undertake I all provisions of this Agreement on hand at or received by the tion of this Agreement shall be -r such expiration, subject to any SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. Collier County Hunger & Homeless Coalition/Executive Director Page 11 of 23 IX. OTHER PROGRAM REQUIREMENTS The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower - income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN -OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority /women -owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority /women- owned business enterprises shall be located in or owned by residents of the 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 through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon Collier County Hunger & Homeless Coalition/Executive Director Page 12 of 23 • us! LOM request to FAH, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the County. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the County or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. F. PUBLIC ENTITY CR %4ES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). G. DRUG -FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Collier County Hunger & Homeless Coalition/Executive Director Page 13 of 23 r 81 LpIll 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. 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 the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. C. LEAD -BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Regulations Collier County Hunger & Homeless Coalition/Executive Director Page 14 of 23 l e at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD- assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any 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 that was acquired or improved in whole or in part with CDBG funds in excess of Twenty -five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(Bx8). )III. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference. )IV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -three (23) 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. Collier County Hunger & Homeless Coalition/Executive Director Page 15 of 23 oilman XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this day of J) C,Gc�m b CY . 200 COLLIER M (SUBRECIPIENT SEAL) prove s to form nd le BY: Patrick . White Assistant County Attorney HUNGER & H�ELESS COALITION i r: COLLIER COUNTY, F,�,ORIDA K. SCHMITT, ADMINISTRATOR, NITY DEVELOPMENT & NMENTAL SERVICES Collier County Hunger & Homeless Coalition/Executive Director Page 16 of 23 EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: A. PROJECT SCOPE: NARRATIVE OF WORK PLAN 1. The Parties agree the SUBRECIPIENT is primarily responsible for becoming familiar with each Coalition member, conducting face to face meetings, and obtaining educational materials to familiarize self with services and organization(s) representing FAH and Collier County to the Collier County Hunger and Homeless Coalition. The SUBRECIPIENT understands and agrees to the duties to be undertaken under the terms of this agreement as follows. B. Responsibilities and Duties of Liaison are: 1. Facilitate communication among Coalition members via phone, conducting in person meetings, and by email. 2. Increase Coalition membership by 10% annually. 3. Increase businesses as members of CCHHC by 10 %. 4. Coordinate community and media relations and be available for public speaking/facilitate a minimum of 4 per year. 5. Develop and coordinate a bi- monthly newsletter to forward via postal service or email to members. 6. Assist in coordinating meetings, community surveys and state /local /federal resources to meet community objectives. 7. Develop and complete Universal Standards of Care. 8. Complete and create a Resource Directory and increase amount of resources by 10% for fiscal year 04 -05 in comparison to 03 -04. 9. The Development of a 211 Information Network for Collier County. 10. Locate and secure additional funding for position. A minimum of 2 grants per year. 11. Secure additional alternative funding for other agencies and to support activities of CCHHC. At least 2 grants the first year. 12. Conduct outreach initiatives and public education activities that will make homeless persons aware of services available to them through community agencies and organizations in Collier County. 13. Assessing community needs and opportunities related to the Coalition. Collier County Hunger & Homeless Coalition/Executive Director Page 17 of 23 • 14. Improve Law Enforcement involvement in Coalition strategic planning and participation as members of CCHHC. 15. Restructure Bylaws, develop Policies and Procedures in Compliance with contractual sources. 16. Develop a Memoranda of Understanding and a Self Evaluation Quality Assurance Survey Tool to ensure agencies compliance with best practices as identified in the Adopted Standards of Care for the COC. 17. Writes and submit monthly progress reports to the FAH Grants Manager by the I& of each month, formats data collection methods, monitors program performance. 18. Submit proper documentation for reimbursement for fees and allowable expenses, prior written approval required. 19. Perform other duties, as assigned. The SUBRECIPIENT will report to, and receive direction from, the Grants Manager with the FAH department relative to the duties described in Attachment A. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. This Agreement may be terminated without cause by FAH. Either Party may terminate the Agreement after providing written notice, no less than 30 days in advance of termination. Payment due upon termination will be the hourly fee multiplied by the number of documented hours worked, except that payment due will end with the end of the month of termination of services. C. BUDGET: Line Item: CDBG Funds $15,000 Wages Accounting Expenses Educational Expenses Promotional Materials Transportation Program Administration Total $15,000 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the County, as the Grantee, for FAH approval, in a form specified by FAH. Collier County Hunger & Homeless Coalition/Executive Director Page 18 of 23 w � D. FORMER PROJECTS /ACTIVITIES: Failure to adequately maintain any former CDBG funded project/activity may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. E. WORK SCHEDULE: The time frame for completion of the outlined activities shall be October 31, 2005. F. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed 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 on Exhibit C. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. Collier County Hunger & Homeless Coalition/Executive Director Page 19 of 23 s. EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Collier County, Hunger & Homeless Coalition Subrecipient Address: 2001 Airport Road South Naples FL 34113 Project Name: Executive Director for the Collier County Hunger & Homeless Coalition Project No: CD 04 -16 Payment Request # Dollar Amount Requested: $ SECTION 11: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) 7. If applicable amount held as retainage to date by the County, if not retained by the sub - recipient. $ 15.000 I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Supervisor Dept Director Date Collier County Hunger & Homeless Coalition/Executive Director Page 20 of 23 • EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the I e of the following month Status Report for Month of Submittal Date: Project Name Executive Director of the Collier County Hunger & Homeless Coalition Project Number CD 04-16 Activity Number Subrecipient: Collier County Hunger & Homeless Coalition Contact Person Telephone: E -mail: Fax: 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. Collier County Hunger & Homeless Coalition/Executive Director Page 21 of 23 IR � 1 5. New contracts executed this month (if applicable): Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on page 3) Ethnicity (see definitions on page 3) Total Number of Extremely Very Low Income Female Head of Households or Persons L4Dw Income Low Income (51 -80%) Household 6. For projects that serve a particular clientele, please complete the following information by entering the appropriate number In the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: This project benefits "households" or "persons "). TOTAL BENEFICIARIES households or persons. Please circle one category (either Enter the number of beneficiaries in the blank space and in box INCOME Of the households or persons assisted, are extremely low- income income (0 -30 %) of the current Median Family Income (WI). Enter this number in box "2. " Of the households or persons assisted, Family Income (WI). Enter this number in box "3. Of these households or persons assisted, Income (MFI). Enter this number in box "4. " are very low- income (31 -50 1/6) of the current Median fl are low income (51 -80 %) of the current Median Family 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 this number in box "5 " below. BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persons L4Dw Income Low Income (51 -80%) Household Assisted (0.30 0%) (31 -50 %) Collier County Hunger & Homeless Coalition/Executive Director Page 22 of 23 i Subreciaients must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African- American: A person having origins in any of the black racial groups of Africa. 3. 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. 4. 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. 5. 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: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and 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/Af ican American and White American Indian/Alaskan Native and Black/African American Other Multi- Racial TOTAL: Collier County Hunger & Homeless Coalition/Executive Director Page 23 of 23 To: From: Date: Subject: Memorandum Patricia Morgan, Supervisor Clerk of Courts — Minutes and Nancy Mesa — Grants Support December 20, 2004 Subrecipient Agreement Re: HOME FY 2004 — 2005 — Collier County Housing Authority - TBRA r+ � r Attached please find the original subrecipient agreement between Collier County and Collier County Housing Authority (CCHA) for HOME funding in the amount of $ 200,000 towards the Tenant -based Rental Assistance Program (TBRA), a project that will be administered by the CCHA and that will provide individual households with assistance for the payment of rent, security deposits, and utility deposits. This was included in the County's Consolidated Plan One -Year Action Plan FY 2004 -2005 as approved by the BCC on April 13, 2004 — Item 8B. The account string for this grant is 121 - 138755 - 882100 - 345551. Please call me at 659 -5770 if you have any questions. Thank you. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator - Administrative Services Division Gwen Butler, Operations Manager - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HOUSING AUTHORITY Catalog of Federal Domestic Assistance #14.239 HUD Grant # M- 04 -UC -12 -0017 THIS AGREEMENT, is entered into 2 t / h day of An kr 2004, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the Collier County Housing Authority, a special independent district of the State of Florida, created in accordance with Florida Statue Section 421.27 et. Seq., having its principal office at 1800 Farmworker Way, Immokalee, Florida 34142 and with offices at 5251 Golden Gate Parkway, Suite D, Naples, FL 34116, and its Federal Tax Identification number as 59- 1490555, hereinafter referred to as the "SPONSOR," collectively the "Parties." WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program funds from the United States Department of Housing and Urban Development (HUD) as provided by the Housing and Community Development Act of 1974, as amended (P.L. 93- 383)( "ACT "); and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 for the HOME Program by Resolution (2004 -112) on April 13, 2004; and WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 for the HOME Programs and the use of the HOME funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SPONSOR desire to provide the activities specified in this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SPONSOR to implement such undertakings of the HOME Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, including the Attachments, and subject to the terms and conditions hereinafter stated, the Parties hereto understand and agree as follows: Collier County Housing Authority TBRA Agreement Page 1 of 17 I - Definitions (1) "COUNTY" means Collier County, and where applicable, its authorized representative(s). (2) HOME is hereby defined as the HOME Investment Partnerships Program as described in 24 CFR Part 92, under the authority of 42 U.S.C. 3535 (d) and 12701 - 12839. (3) "FAH" means the Financial Administration and Housing Department of Collier County. (4) "SPONSOR" means the Collier County Housing Authority. (5) "FAH Approval" means the written approval of the FAH Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Section III, Scope of Work. (9) "FEE" is hereby defined as the amount of money the COUNTY agrees to pay and the SPONSOR agrees to accept as payment in full for all the professional and technical services rendered pursuant to this Agreement to complete the WORK as further defined in Section III, Scope of Work, hereof. (10) "WORK" - is hereby defined as all the professional and technical services to be rendered or provided by the SPONSOR as described here. II — Term The SPONSOR expressly agrees to complete all work required by this agreement in accordance with the timetable set forth below, which will be considered the compliance period. Milestone Deadline Project Start Date 10/01/2004 Interim Milestones/ Deadlines list below): 50% Project Completed 03/31/05 100% Project Completed 06/15/05 During this compliance period, the SPONSOR will assure continued compliance with HOME requirements. For rental units, this includes ongoing property standards, occupancy, and rent limits compliance. Timely completion of the work specified in this agreement is an integral and essential part of performance. The expenditure of HOME funds is subject to Federal Deadlines and could result in the loss of the Federal funds. By the acceptance and execution of this agreement, it is understood and agreed by the SPONSOR that the PROJECT will be completed as expeditiously as possible and that Collier County Housing Authority TBRA Agreement Page 2 of 17 8 B 11A the SPONSOR will make every effort to ensure that the project will proceed and will not be delayed. Failure to meet these deadlines can result in cancellation of this contract and the revocation of HOME funds. Since it is mutually agreed that time is of the essence as regards this Agreement, the SPONSOR shall cause appropriate provisions to be inserted in all contracts or subcontracts relative to the work tasks required by this agreement, in order to ensure that the PROJECT will be completed according to the timetable set forth. It is intended that such provisions inserted in any subcontracts be, to the fullest extent permitted by law and equity, binding for the benefit of the COUNTY and enforceable by the COUNTY against the SPONSOR and its successors and assigns to the project or any part thereof or any interest therein. In the event the SPONSOR is unable to meet the above schedule or complete the above services because of delays resulting from Acts of God, untimely review and approval by the COUNTY and other governmental authorities having jurisdiction over the PROJECT, or other delays that are not caused by the SPONSOR, the COUNTY shall grant a reasonable extension of time for completion of the WORK. It shall be the responsibility of the SPONSOR to notify the COUNTY promptly in writing whenever a delay is anticipated or experienced, and to inform the COUNTY of all facts and details related to the delay. III — Scope of Work The SPONSOR, in close coordination with the COUNTY, shall perform all professional services (the "WORK ") necessary to complete the development and occupancy of the following project in full compliance with the terms of this Agreement: The Collier County Housing Authority (CCHA) will administer the Tenant -based Rental Assistance Program (TBRA) for the purposes of providing individual households with assistance for the payment of rent security deposits and utility deposits TBRA will be modeled after the Sponsor's existiin Section 8 Housing Choice Voucher Program The maximum amount of funds for the security deposit may not exceed two months rent for the unit and can only be applied for by the tenant. A written agreement regarding the terms and conditions of the security deposit must be developed and submitted for approval to FAH prior to implementation Utility deposit assistance must be provided in conjunction with a security deposit or monthly assistance program In addition the utility deposit assistance may be used only for utilities permitted under the Section 8 utility allowance. * * * * ** *NOTE * * * ** At least 90% of the total clients assisted must be at or below 60% of the area median income for Collier County and the remaining 10% can not exceed 80% of the area median income for Collier County. Program funding may be used to provide one (1) year of additional rental assistance to existing eligible participants. Under no circumstances shall rental subsidy exceed twenty -four months to an individual or household. Preference may be given to homeless individuals or families. Collier County Housing Authority TBRA Agreement Page 3 of 17 1 • 3: • /. It is understood that the SPONSOR will provide a specific working budget and realistic timetable as relates to: monthly rental assistance, security and utility deposits prior to any fund usage. Said budget shall identify all sources and uses of funds, and allocate HOME and non -HOME funds to activities or line items and shall be submitted within thirty (30) days of the agreement approval. IV — Reimbursement of Expenses & Fees A. The SPONSOR shall be paid by the COUNTY for allowable costs determined by the COUNTY, in an amount not to exceed TWO HUNDRED THOUSAND DOLLARS ($200.000) for Tenant Based Rental Assistance (TBRA) including $20,000 for project delivery cost. The project delivery cost based on ten (10) percent of TBRA not to exceed $20,000. B. Project expenses (excluding delivery costs) shall be paid based on vouchers for actual expenses incurred or paid. Requests for payment must be submitted by the SPONSOR by the 3& of each month in forms specified by the COUNTY, with adequate and proper documentation as defined by HOME Program Regulations, of eligible costs incurred in compliance with 24 CFR92.206 and necessary for HUD Integrated Disbursement Information System (IDIS) disbursement requirements. Project expenses will then be reimbursed to the Sponsor within 15 —20 working days if there are no extenuating circumstances. All such expenses shall be in conformance to the approved project budget. Budget revision and approval shall be required prior to payment of any expenses not conforming to the approved project budget. SPONSOR shall receive as project delivery ten (10) percent of the billing costs but not to exceed $20,000. C. The COUNTY reserves the right to inspect records and project sites to determine that reimbursement and compensation requests are reasonable. The COUNTY also reserves the right to hold payment until adequate documentation has been provided and reviewed, but such payments shall not be arbitrarily nor unreasonably withheld if adequate documentation as defined by HOME regulations is provided. D. The SPONSOR may submit a final invoice upon completion with a letter requesting closeout of the project. Final payment shall be made after the COUNTY has determined that all services have been rendered, files and documentation delivered, and units have been placed in service in full compliance with HOME regulations, including submission of a completion report and documentation of eligible occupancy, property standards and applicable restrictions. Said determination shall be made within reasonable time, but no later than forty -five (45) days after the Sponsor has submitted its final invoice. E. The COUNTY shall have the right to review and audit all records of the SPONSOR pertaining to any payment by the COUNTY. Said records shall be maintained for a period of five years after completion. V — Project Requirements The SPONSOR agrees to comply with all requirements of the HOME Program as stated in 24 CFR Part 92, including but not limited to the following. Collier County Housing Authority TBRA Agreement Page 4 of 17 A. No HOME project funds will be advanced, and no costs can be incurred, until the COUNTY has conducted an environmental review of the proposed project site as required under 24 CFR 58. The environmental review may result in a decision to proceed with, modify or cancel the rental assistance. Notwithstanding any provision of this Agreement, the Parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by the COUNTY of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR 58. The HOME funds advanced to the PROJECT will be secured by lease agreements and deposit agreements. B. The SPONSOR will ensure that any expenditure of HOME funds will be in compliance with the requirements at 24 CFR 92.206, and acknowledges that HOME funds will only be provided as reimbursement for eligible costs incurred, including actual expenditures or invoices for work completed. C. The designated HOME - assisted units of this PROJECT will meet the affordability requirements as found in 24 CFR 92.252 (rental). The SPONSOR shall collect and maintain Project beneficiary information pertaining to household size, income levels, racial characteristics, and the presence of Female Headed Households in order to determine low and moderate - income benefit in a cumulative and individual manner. Income documentation shall be in a form consistent with HOME requirements as stated in the HUD Technical Guide for Determining Income and Allowances Under the HOME Proaram. D. In the selection of occupants for PROJECT units, the SPONSOR shall comply with all non- discrimination requirements of 24 CFR 92.350. Such procedures are subject to approval of the FAH. The SPONSOR will implement affirmative marketing procedures as required by 24 CFR 92.351. Such procedures are subject to approval of the FAH. E. The SPONSOR shall assure compliance with 24 CFR 92.251 as relates to Property Standards and Housing Quality Standards (HQS), Accessibility Standards under 24 CFR 92.251(a)(3) as applicable, and Lead Based Paint Requirements as found in 24 CFR 92.355 and 24 CFR Part 35. F. The SPONSOR may provide documentation approved by FAH regarding match for purposes of the HOME program. However, NO match is required for this activity. G. The SPONSOR will be monitored by FAH for compliance with the regulations of 24 CFR 92 for the compliance period specified above. The SPONSOR will provide reports and access to project files as requested by FAH during the PROJECT and for Five (5) years after completion and closeout of the AGREEMENT. Collier County Housing Authority TBRA Agreement Page 5 of 17 VI — Repayment A. All HOME funds are subject to repayment in the event the PROJECT does not meet the Project Requirements as outlined above. B. It is understood that upon the completion of the PROJECT, any HOME funds reserved but not expended under this Agreement will revert to the COUNTY within thirty (30) days. VII — Procurement Standards The SPONSOR shall establish procurement procedures to ensure that materials and services are obtained in a cost - effective manner. When procuring for services to be provided under this agreement, the SPONSOR shall comply at a minimum with the nonprofit procurement standards at 24 CFR 84.40 - .48. In addition, the following requirements are imposed on any procurement under this PROJECT: Comply with Collier County Purchasing Ordinance # 87 -25 amended by Resolution #97 -435 which will be provided to the SPONSOR. In addition, it is understood that any SPONSOR that can be considered to be a religious organization shall abide by all portions of 24 CFR 92.257. VIII — Conflict of Interest Provisions HOME conflict of interest provisions, as stated in 24 CFR 92.356(f), apply to the award of any contracts under this Agreement and the selection of tenant households to occupy HOME - assisted units. The SPONSOR must request exceptions and the FAH grant exceptions as permitted by regulation. In addition, the COUNTY also has elected to apply the conflict of interest provisions in 24 CFR 92.356(b) — (e) to this project. Therefore, the award of contracts and the award of My unit benefits to covered parties of the SPONSOR are subject to prior disclosure by the SPONSOR and an exception from the COUNTY as outlined in 24 CFR 92.356(d) — (e). The SPONSOR warrants and covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of its services hereunder. The SPONSOR further warrants and covenants that in the performance of this Agreement, no person having such interest shall be employed. No member or Delegate to the Congress of the United States shall be permitted to any share or part of this Agreement or any benefit to raise herefrom. No member, officer or employee of the COUNTY; or its designees, or agents; or member of the Board of County Commissioners of the Collier County; and no other public official of the COUNTY who exercises any functions or responsibilities with respect to Collier County Housing Authority TBRA Agreement Page 6 of 17 :plm the program during his tenure or for one (1) year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed under this Agreement. IX — COUNTY Responsibilities The COUNTY shall furnish the SPONSOR with the following services and information from existing COUNTY records and COUNTY files: A. The COUNTY shall provide to the SPONSOR information regarding its requirements for the PROJECT. B. The COUNTY will provide the SPONSOR with any changes in HOME regulations or program limits that affect the project, including but not limited to income limits, property value limits and rent limits. C. The COUNTY will conduct progress monitoring to protect its interests as lender and regulatory authority for the project, and will provide information to the SPONSOR regarding any progress inspections or monitoring to assist it in ensuring compliance. The COUNTY's review and approval of the WORK will relate only to overall compliance with the general requirements of this Agreement and HOME regulations, and all COUNTY regulations and ordinances. Nothing contained herein shall relieve the SPONSOR of any responsibility as provided under this Agreement. X — Equal Employment Opportunity During the performance of this contract, the SPONSOR agrees as follows: A. The SPONSOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin(s). The SPONSOR will take affirmative action to ensure the applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin(s). Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The SPONSOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer of the COUNTY setting forth the provisions of this nondiscrimination clause. B. The SPONSOR will, in all solicitations or advertisements for employees placed by or on behalf of the SPONSOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. Collier County Housing Authority TBRA Agreement Page 7 of 17 [40M C. The SPONSOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the COUNTY's contracting officer, advising the labor union or worker's representative of the SPONSOR's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The SPONSOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. E. The SPONSOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the COUNTY and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and order. F. In the event the SPONSOR is found to be in noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the SPONSOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965 or by rule, regulations, or order of the Secretary of Labor or as otherwise provided by law. G. The SPONSOR will include the provisions of paragraphs (a) through (g) of this agreement in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The SPONSOR will take such action with respect to any subcontract or purchase order as the COUNTY may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the SPONSOR becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the COUNTY, the SPONSOR may request the United States to enter into such litigation to protect the interest of the United States. Xl — Labor, Training & Business Oauortuni The SPONSOR agrees to comply with the federal regulations governing training, employment and business opportunities as follows: A. It is agreed that the WORK to be performed under this Agreement is on a project assisted under a program providing direct Federal financial assistance from the US Department of Housing and Urban Development 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 u, as well as any and all applicable amendments thereto. Section 3 requires that, to the greatest extent feasible, Collier County Housing Authority TBRA Agreement Page 8 of 17 opportunities for training and employment be given low and moderate income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the project area. B. The SPONSOR shall comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 Code of Federal Regulations and all applicable rules and orders of the U.S. Department of Housing and Urban Development issued thereunder as well as any and all applicable amendments thereto prior to the execution of this contract as well as during the term of this Agreement. The SPONSOR certifies and agrees that it is under no contractual or other disability, which would prevent it from complying with these requirements as well as any and all applicable amendments thereto. C. The SPONSOR will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the COUNTY, take appropriate action pursuant to the subcontractor upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, in 24 Code of Federal Regulations. The SPONSOR will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 code of Federal Regulations and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with these requirements as well as with any and all applicable amendments thereto. D. Compliance with the provisions of Section 3, the regulations set forth in 24 Code of Federal Regulations and all applicable rules and orders of Housing and Urban Development issued thereunder prior to the execution of the contract shall be a condition precedent to federal financial assistance being provided to the PROJECT as well as a continuing condition, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the SPONSOR or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by 24 Code of Federal Regulations as well as with any and all applicable amendments thereto. XII — Compliance with Federal, State & Local Laws The SPONSOR covenants and warrants that it will comply with all applicable laws, ordinances, codes, rules and regulations of the state local and federal governments, and all amendments thereto, including, but not limited to; Title 8 of the Civil Rights Act of 1968 PL.90 -284; Executive Order 11063 on Equal Opportunity and Housing Section 3 of the Housing and Urban Development Act of 968; Housing and Community Development Act of 1974, as well as all requirements set forth in 24 CFR 92 of the HOME INVESTMENT PARTNERSHIPS PROGRAM. The SPONSOR covenants and warrants that it will indemnify and hold the County forever free and harmless with respect to any and all damages whether directly or indirectly arising out of the provisions and maintenance of this contract. Collier County Housing Authority TBRA Agreement Page 9 of 17 The SPONSOR agrees to comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). The SPONSOR further warrants and agrees to include or cause to be included the criteria and requirements of this section in every non - exempt subcontract in excess of $100,000. The SPONSOR also agrees to take such action as the federal, state or local government may direct to enforce aforesaid provisions. As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SPONSOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). XIII — Suspension & Termination In accordance with 24 CFR 85.43, suspension or termination may occur if the SPONSOR materially fails to comply with any term of the award, and that the award may be terminated for convenience in accordance with 24 CFR 85.44. If, through any cause, the SPONSOR shall fail to fulfill in timely and proper manner its obligations under this contract, or if the SPONSOR shall violate any of the covenants, agreements, or stipulations of this contract, the COUNTY shall thereupon have the right to terminate this contract by giving written notice to the SPONSOR of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, the SPONSOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder to the date of said termination. Notwithstanding the above, the SPONSOR 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 SPONSOR and the COUNTY may withhold any payments to the SPONSOR for the purpose of setoff until such time as the exact amount of damages due the COUNTY from the SPONSOR is determined whether by court of competent jurisdiction or otherwise. XIV — Termination for Convenience of the COUNTY The COUNTY may terminate for its convenience this contract at any time by giving at least thirty (30) days notice in writing to the SPONSOR. If the contract is terminated by the COUNTY, as provided herein, the County will reimburse for any actual and approved expenses incurred, including those costs involved in terminating the contracts and shutting down the work as of the date of notice, and the SPONSOR will be paid as a FEE an amount which bears the same ratio to the total compensation as the services actually performed bear to the total service of the SPONSOR covered by this contract, less payments of compensation previously made. Claims and disputes between the Parties will be submitted to the American Arbitration Association for resolution. Award or judgment may be entered in any court having jurisdiction thereof. Collier County Housing Authority TBRA Agreement Page 10 of 17 XV — Default -Loss of Grant Funds If the SPONSOR fails in any manner to fully perform and carry out any of the terms, covenants, and conditions of the agreement, and more particularly if the SPONSOR refuses or fails to proceed with the work with such diligence as will insure its completion within the time set forth in this Agreement, the SPONSOR shall be in default and notice in writing shall be given to the SPONSOR of such default by the COUNTY or an agent of the COUNTY. If the SPONSOR fails to cure such default within such time as may be required by such notice, the COUNTY, acting by and through the FAH, may at its option terminate and cancel the Agreement. In the event of such termination, all grant funds awarded to the SPONSOR pursuant to this Agreement shall be immediately revoked and any approvals related to the PROJECT shall immediately be deemed revoked and canceled. In such event, the SPONSOR will no longer be entitled to receive any compensation for work undertaken after the date of the termination of this Agreement, as the grant funds will no longer be available for this project. Such termination shall not effect or terminate any of the rights of the COUNTY as against the SPONSOR then existing, or which may thereafter accrue because of such default, and the foregoing provision shall be in addition to all other rights and remedies available to the COUNTY under the law and the note and mortgage (if in effect), including but not limited to compelling the SPONSOR to complete the project in accordance with the terms of this Agreement, in a court of equity. The waiver of a breach of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant, or condition hereof. XVI — Reporting Responsibilities The SPONSOR agrees to submit any and all detailed monthly progress reports required by the Financial Administration and Housing Department (FAH) outlining the status of specific activities under the project. Each report must account for the total activity for which the SPONSOR is reimbursed with HOME funds, in part or in whole, and which is required in fulfillment of their obligation regarding the project. The progress reports should be mainly in the form of a narrative, and shall be used as an additional basis for FAH approval of invoice, etc. for reimbursement. The form must be completed for the past month and submitted to FAH staff by the 10`h of the following month. The FAH will send the SPONSOR one reminder notice if the monthly report has not been received fourteen (14) days after the due date. If the SPONSOR has not submitted a report fourteen (14) days after the date on the reminder notice, the COUNTY will have the option to terminate the contract as described in this Agreement. In addition, the SPONSOR agrees to provide the FAH information as required to determine program eligibility, in meeting national objectives, and financial records pertinent to the project. Additional reporting requirements are included as ATTACHMENT A. Collier County Housing Authority TBRA Agreement Page 11 of 17 88 XVII — Inspection, Monitoring & Access to Records The COUNTY reserves the right to inspect, monitors, and observe work and services performed by the SPONSOR at any and all reasonable times. The COUNTY reserves the right to audit the records of the SPONSOR any time during the performance of this Agreement and for a period of five years after final payment is made under this Agreement. If required, the SPONSOR will provide the FAH with a certified audit of the SPONSOR's records representing the Fiscal Year during which the PROJECT becomes complete whenever the amount listed in SECTION VII is at or exceeds $300,000, pursuant to the requirements of OMB Circular A- 133. Access shall be immediately granted to the COUNTY, HUD, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the SPONSOR or its contractors which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. XIII — General Conditions A. All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the SPONSOR when delivered to its office at the address listed on page one (1) of this Agreement. B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. D. No waiver or breach of any provision of this Agreement shall constitute a waiver of a subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. E. The Parties hereto agree that this Agreement shall be construed and enforced according to the laws of the State of Florida. F. Should any provisions, paragraphs, sentences, words or phases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the Collier County, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. Collier County Housing Authority TBRA Agreement Page 12 of 17 G. The SPONSOR shall comply with the provisions of the Copeland Anti - Kick -Back Act (18 U.S.C. 874) as supplemented in the Labor Regulations (29 CFR Part 3), as amended. H. The SPONSOR shall comply with the provisions of sections 103 and 107 of the Contract Work Hours and Safety Standard Act (40 U.S.C. 327 -330) as supplemented by Labor regulations (29 CFR, Part 5), as amended. I. The SPONSOR further warrants and agrees to include or cause to be included the criteria and requirements of paragraphs (G) through (H) of this section in every nonexempt subcontract. The SPONSOR also agrees to take such action as the federal, state or local government may direct to enforce aforesaid provisions. J. The obligations undertaken by SPONSOR pursuant to this Agreement shall not be delegated or assigned to any other person or agency unless COUNTY shall first consent to the performance or assignment of such service or any part thereof by another person or agency. K. The Agreement shall be binding upon the parties hereto, their heirs, executors, legal representative, successors and assigns. L. SPONSOR shall indemnify and save COUNTY harmless from and against any negligent claims, liabilities, losses and causes of action which may arise out of SPONSOR's activities under this Agreement, including all other acts or omissions to act on the part of SPONSOR, including any person acting for or on its behalf, and, from and against any orders, judgments, or decrees which may be entered and from and against all costs, attorneys fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. M. SPONSOR and its employees and agents shall be deemed to be independent contractors, and not agents or employees of the COUNTY, and shall not attain any rights or benefits under the civil service or pension ordinances of the COUNTY, or any rights generally afforded classified or unclassified employee; further they shall not be deemed entitled to state Compensation benefits as an employee of the COUNTY. N. Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and /or change in regulations. Collier County Housing Authority TBRA Agreement Page 13 of 17 ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this -dray of 11�r,re...der , 20 — (SUBRECIPIENT SEAL) (Optional) ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk M. COLLIER COUNTY HOUSING AUTHORITY A SERRATA, DIRECTOR DATE: 1 BY: Patrick G. White Assistant County Attorney This document s .� 13�20L Deputy Clark COLLIER COUNTY, FLORIDA 4EPH K. SC'HMITT, ADMINISTRATOR, MMUNITY DEVELOPMENT & VIRONMENTAL SERVICES Item # Agenda Date Date Rec'd Collier County Housing Authority TBRA Agreement Page 14 of 17 "ATTACHMENT A" HOME MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the I e of the following month. Status Report for Month of Submittal Date: Project Name _ Project Number Sponsor: Contact Person, Telephone: _ E -mail: Activity Number Fax: 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. What events /actions are scheduled for the next two months? Collier County Housing Authority TBRA Agreement Page 15 of 17 6. 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. 7. List any additional data relevant to the outcome measures listed on the application for this project. 8. New leases executed this month (if applicable): I Name of Applicant I Security Deposit I Utility Deposit 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. Collier County Housing Authority TBRA Agreement Page 16 of 17 FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5 " below. BOX I BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Household Households or Persons Low Income Low Income (51 -80 %) Assisted (0 -30 %) (31 -50 %) Sponsor must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African- American: A person having origins in any of the black racial groups of Africa. 3. 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. 4. 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. 5. 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 I # tuspanic 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: C 11 Collier County Housing Authority TBRA Agreement Page 17 0 Memorandum Ar To: Patricia Morgan, Supervisor Cleric of Courts — Minutes and Records From: Nancy Mesa — Grants Support Special�i f Date: February 16, 2006 Subject: AMENDMENT TO SUBRECIPIENT AGREEMENT Re: HOME FY 2004 — 2005 — Collier County Housing Authority - TBRA Attached is an amendment to the original subrecipient agreement between Collier County and Collier County Housing Authority (CCHA) for HOME funding, towards the Tenant -based Rental Assistance Program (TBRA), a project that will be administered by the CCHA and that will provide individual households with assistance for the payment of rent, security deposits, and utility deposits. This was included in the County's Consolidated Plan One -Year Action Plan FY 2004.2005 as approved by the BCC on April 13, 2004 — Item 8B. The account string for this grant is 121. 138755. 882100. 345551. Please call me at 659.5770 if you have any questions. Thank you. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator - Administrative Services Division Gwen Butler, Operations Manager - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division • ■ • N AMENDED AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HOUSING AUTHORITY Catalog of Federal Domestic Assistance # 14.239 HUD Grant # M- 04 -UC -12 -0017 6 V e -.v,b� �� THIS AMENDMENT TO AGREEMENT, is entered into this day of /y 2p by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ", and the "Collier County Housing Authority," a special independent district of the State of Florida, created in accordance with Florida Statue Section 421.27 et. Seq., having its principal office at 1800 Farmworker Way, Immokalee, FL 34142, and with offices at 5251 Golden Gate Parkway, Suite D., Naples, FL 34116, and its Federal Tax Identification number as 59- 1490555, hereinafter referred to as "SPONSOR ", collectively the "Parties." WHEREAS, the COUNTY and the Sponsor previously agreed to certain terms under the prior Agreement between Parties dated December 13, 2004; and WHEREAS, the COUNTY and "THE SPONSOR" DESIRE TO AMEND THE TIMELINE referred in Section II Term of this Agreement, in accord with the approved 2004 -2005 Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage "THE SPONSOR" TO IMPLEMENT SUCH AMENDED UNDERTAKINGS OF THE Home Investment Partnership Program (HOME) as a valid and worthwhile County purpose; and WHEREAS, the COUNTY and "THE SPONSOR" agree to this amendment of the original subrecipient agreement revising Page Two, Section II, under Terms of original agreement and replacing that with Page Two, Section II, under Terms and the attached hereto revised timetable. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, including the Attachments, and subject to the terms and conditions hereinafter stated, the Parties hereto Collier County Housing Authority TBRA Amended Agreement Page 1 of 4 rel ii► • r, understand and agree as follows: I - Definitions (1) "COUNTY" means Collier County, and where applicable, its authorized representative(s). (2) HOME is hereby defined as the HOME Investment Partnerships Program as described in 24 CFR Part 92, under the authority of 42 U.S.C. 3535 (d) and 12701 - 12839. (3) "FAH' means the Financial Administration and Housing Department of Collier County. (4) "SPONSOR" means the Collier County Housing Authority. (5) "FAH Approval" means the written approval of the FAH Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Section III, Scope of Work. (9) "FEE" is hereby defined as the amount of money the COUNTY agrees to pay and the SPONSOR agrees to accept as payment in full for all the professional and technical services rendered pursuant to this Agreement to complete the WORK as further defined in Section III, Scope of Work, hereof. (10) "WORK" - is hereby defined as all the professional and technical services to be rendered or provided by the SPONSOR as described here. H — Term The SPONSOR expressly agrees to complete all work required by this agreement in accordance with the timetable set forth below, which will be considered the compliance period. Milestone Deadline Project Start Date 10/01/2005 Interim Milestones/ Deadlines list below): 501/o Project Completed 03/31/06 100% Project Completed 12/31/06 During this compliance period, the SPONSOR will assure continued compliance with HOME requirements. For rental units, this includes ongoing property standards, occupancy, and rent limits compliance. Timely completion of the work specified in this agreement is an integral and essential part of performance. The expenditure of HOME funds is subject to Federal Deadlines and could result in the Collier County Housing Authority TBRA Amended Agreement Page 2 of 4 loss of the Federal funds. By the acceptance and execution of this agreement, it is understood and agreed by the SPONSOR that the PROJECT will be completed as expeditiously as possible and that the SPONSOR will make every effort to ensure that the project will proceed and will not be delayed. Failure to meet these deadlines can result in cancellation of this contract and the revocation of HOME funds. Since it is mutually agreed that time is of the essence as regards this Agreement, the SPONSOR shall cause appropriate provisions to be inserted in all contracts or subcontracts relative to the work tasks required by this agreement, in order to ensure that the PROJECT will be completed according to the timetable set forth. It is intended that such provisions inserted in any subcontracts be, to the fullest extent permitted by law and equity, binding for the benefit of the COUNTY and enforceable by the COUNTY against the SPONSOR and its successors and assigns to the project or any part thereof or any interest therein. In the event the SPONSOR is unable to meet the above schedule or complete the above services because of delays resulting from Acts of God, untimely review and approval by the COUNTY and other governmental authorities having jurisdiction over the PROJECT, or other delays that are not caused by the SPONSOR, the COUNTY shall grant a reasonable extension of time for completion of the WORK. It shall be the responsibility of the SPONSOR to notify the COUNTY promptly in writing whenever a delay is anticipated or experienced, and to inform the COUNTY of all facts and details related to the delay. III— Scope of Work The SPONSOR, in close coordination with the COUNTY, shall perform all professional services (the "WORK') necessary to complete the development and occupancy of the following project in full compliance with the terms of this Agreement: The Collier County Housing Authority (CCHA) will administer the Tenant -based Rental Assistance Program (TBRA) in the amount of TWO HUNDRED TWENT THOUSAND DOLLARS ($220,000) which includes a 20% administration fee for the purposes of providing individual households with assistance for the payment of rent security deposits and utility deposits TBRA will be modeled after the Sponsor's existing Section 8 Housing Choice Voucher Program The maximum amount of funds for the security deposit may not exceed two months rent for the unit and can only be applied for by the tenant. A written agreement re ag rding the terns and conditions of the security deposit must be developed and submitted for approval to FAH prior to implementation Utility deposit assistance must be provided in conjunction with a security deposit or monthly assistance program In addition the utility deposit assistance may be used only for utilities permitted under the Section 8 utility allowance * * * * ** *NOTE* * * ** At least 90% of the total clients assisted must be at or below 60% of the area median income for Collier County and the remaining 10% can not exceed 80% of the area median income for Collier County. Collier County Housing Authority TBRA Amended Agreement Page 3 of 4 RIM= ENTIRE UNDERSTANDING This Amendment and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this Aday of / ! N 2l�'L . 20 &�(' (SUBRECIPIENT SEAL) (OPTIONAL) COLLIER COUNTY HOUSING AUTHORITY M Approved as to form and suffic' icy: 0 ' BY: Patrick G. WhitZ Assistant County Attorney COLLIER COUNTY. FLORIDA .< CORMAC GIBLIN, FINANCIAL ADMINISTRATION & HOUSING MANAGER Collier County Housing Authority TBRA Amended Agreement Page 4 of 4 Memorandum ��OR10' To: Patricia Morgan, Supervisor Clerk of Courts — Minutes and Records From: Susan Alden, HUD Grant Analyst Date: October 23, 2006 Subject: AMENDMENT #2 TO SUBRECIPIENT AGREEMENT Re: HOME FY 2004 — 2005 — Collier County Housing Authority - TBRA Attached is a second amendment to the original subrecipient agreement between Collier County and Collier County Housing Authority (CCHA) for HOME funding, 'towards the Tenant -Based Rental Assistance Program (TBRA), a project that will be administered by the CCHA and that will provide individual households with assistance for the payment of rent, security deposits, and utility deposits. This amends the 10% administration fee in the scope of work to be paid from a Non. Federal funding source. This was included in the County's Consolidated Plan One -Year Action Plan FY 2004.2005 as approved by the BCC on April 13, 2004 — Item 8B. The account string for this grant is 121. 138755. 882100. 345551. Please call me at 403 -2339 if you have any questions. Thank you. Cc: Therese Stanley, Grants Accountant - Clerk's Finance Marlene Foord, Grant Coordinator - Administrative Services Division Joanne Markiewicz, Operations Manager - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division AMENDED ( #2) AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HOUSING AUTHORITY Catalog of Federal Domestic Assistance # 14.239 HUD Grant # M- 04 -UC- 12 -0017 THIS AMENDMENT TO AGREEMENT is entered into this day of (5b4 6a-e- 20 O by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ", and the "Collier County Housing Authority," a special independent district of the State of Florida, created in accordance with Florida Statue Section 421.27 et. Seq., having its principal office at 1800 Farmworker Way, Immokalee, FL 34142, and with offices at 5251 Golden Gate Parkway, Suite D., Naples, FL 34116, and its Federal Tax Identification number as 59- 1490555, hereinafter referred to as "SPONSOR ", collectively the "Parties." WHEREAS, the COUNTY and the SPONSOR previously agreed to certain terms under the prior Agreement between Parties dated December 13, 2004; and WHEREAS, the COUNTY and "THE SPONSOR" DESIRE TO AMEND THE ADMINISTRATION FEE IN THE SCOPE OF WORK referred in Section II Scope of Work of this Agreement, in accord with the approved 2004 -2005 Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage "THE SPONSOR" TO "LEMENT SUCH AMENDED UNDERTAKINGS OF THE Home Investment Partnership Program (HOME) as a valid and worthwhile County purpose; and WHEREAS, the COUNTY and "THE SPONSOR" agree to this amendment of the original subrecipient agreement revising Page Three, Section III, under Scope of Work of original agreement and replacing that with Page Two, Section II, under Scope of Work and the attached hereto revised Scope of Work. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, Collier County Housing Authority TBRA Amended ( #2) Agreement Page I of 3 including the Attachments, and subject to the terms and conditions hereinafter stated, the Parties hereto understand and agree as follows: That the Amended Agreement of November 29, 2005, is Re- amended to replace the prior attached "Scope of Work" with the attached, revised "Scope of Work ". I - Definitions (1) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (2) HOME is hereby defined as the HOME Investment Partnerships Program as described in 24 CFR Part 92, under the authority of 42 U.S.C. 3535 (d) and 12701 - 12839. (3) " "Housing & Grants" means the Housing & Grants Section of the Operations Support and Housing Department of Collier County. (4) "SPONSOR" means the Collier County Housing Authority. (5) "Housing & Grants Approval" means the written approval of the Housing and Grants Section or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Section II, Scope of Work. (9) "FEE" is hereby defined as the amount of money the COUNTY agrees to pay and the SPONSOR agrees to accept as payment in full for all the professional and technical services rendered pursuant to this Agreement to complete the WORK as further defined in Section II, Scope of Work, hereof. (10) "WORK" - is hereby defined as all the professional and technical services to be rendered or provided by the SPONSOR as described here. H — Scope o_ f Work The SPONSOR, in close coordination with the COUNTY, shall perform all professional services (the "WORK ") necessary to complete the development and occupancy of the following project in full compliance with the terms of this Agreement: The Collier County Housing Authority (CCHA) will administer the Tenant based Rental Assistance Program (TBM in the amount of TWO HUNDRED TWENTYTHOUSAND DOLLARS ($220,000) which includes a 10% administration fee from a Non - Federal fupdin& source for the purposes of Collier County Housing Authority TBRA Amended ( #2) Agreement Page 2 of 3 • providing individual households with assistance for the payment of rent security deposits and utility deposits. TBRA will be modeled after the Sponsor's existing Section 8 Housinja Choice Voucher Proeram. The maximum amount of funds for the security deposit may not exceed two months rent for the unit and can only be applied for by the tenant A written agreement regarding the terms and conditions of the security deposit must be developed and submitted for approval to FAH prior to implementation. Utility deposit assistance may be provided in conjunction with a security deposit and /or monthly assistance program. In addition the utility deposit assistance may be used only for utilities permitted under the Section 8 utility allowance *******NOTE***** At least 90% of the total clients assisted must be at or below 60% of the area median income for Collier County and the remaining 10% can not exceed 80% of the area median income for Collier County ENTIRE UNDERSTANDING This Amendment and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this 5' day of 20� COLLIER COU N-TY HOUSING AUTHORITY (SUBRECIPIENT SEAL) (OPTIONAL) BY: . SERRATX DIRECTOR COLLIER COUNTY, FLORIDA BY: CORMAC GIBLIN, HOUSING & GRANTS MANAGER Collier County Housing Authority TBRA Amended ( #2) Agreement Page 3 of 3 Fao,o� Memorandum To: Patricia Morgan, Supervisor Clerk of Courts - Minutes and Records From: Nancy Mesa - Grants Support Specialist Date: December 15, 2004 Subject: Subrecipient Agreement Re: CDBG FY 2004 - 2005 - Collier County Hunger and Homeless Coalition, Inc. - HMIS Attached please find the original subrecipient agreement between Collier County and the Collier County Hunger and Homeless Coalition, Inc. for CDBG funding in the amount of $ 50,000 towards a project that will provide initial funding toward the purchase of a Homeless Management Information System (HMIS) to benefit the homeless and at -risk of homelessness population in Collier County and it will provide participating agencies improved data collection methods. This was included in the County's Consolidated Plan One -Year Action Plan FY 2004 -2005 as approved by the BCC on April 13, 2004 - Item 8B. The account string for this grant is 121 - 138755-882100- 345101. Please call me at 659 -5770 if you have any questions. Thank you. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator - Administrative Services Division Gwen Butler, Operations Manager - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division 8B �. AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HUNGER AND HOMELESS COALITION, INC. Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B- 04 -UC -12 -0016 THIS AGREEMENT, is entered into this S� day of Dfreerl 20QY by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ", and the Collier County Hunger and Homeless Coalition, Inc., a private not - for - profit corporation existing under the laws of the State of Florida, having its principal address as 2001 Airport Road South, Naples, FL 34112, and its Federal Tax Identification number as 04- 3610154, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development 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 Fiscal Year 2004 -2005 Consolidated One -Year Action Plan was developed following the Collier County Consolidated Plan — Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 for the CDBG Program by Resolution on April 13, 2004, including the use of this standard form Agreement; and Collier County Hunger and Homeless Coalition, Inc. Page 1 of 21 8 8.. WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 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 Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: DEFINITIONS (1) "COUNTY" means Collier County, and where applicable, its authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "FAH' means the Financial Administration and Housing Department of Collier County. (4) "SUBRECIPIENT" means Collier County Hunger and Homeless Coalition, Inc. (5) "FAH Approval" means the written approval of the FAH Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A ". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit `B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B- 04 -UC -12 -0016. The effective date shall be the latest date of execution of this Agreement, and 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, 2005. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H below. Collier County Hunger and Homeless Coalition, Inc. Page 2 of 21 1 0! ■ 4 1 IV. CONSIDERATION AND LIMITATION OF COSTS The SUB - RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $50,000.00 (FIFTY THOUSAND DOLLARS) 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 improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty -five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. Collier County Hunger and Homeless Coalition, Inc. (HMIS) Page 3 of 21 8 B. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010, which describes the Davis -Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A -3. Collier County Hunger and Homeless Coalition, Inc. Page 4 of 21 8B 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti - Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A -102. This subpart includes 24 CFR 570.502. 26. OMB Circular A -133 - concerning annual audits. 27. OMB Circular A -122 - which identifies cost principles. 28. Section 109, Public Law 100 -202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A -110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non - Profit Organizations. 30. 24 CFR Part 85- OMB Circular A -102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. C. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." Collier County Hunger and Homeless Coalition, Inc. Page 5 of 21 This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the FAH Department or his designee. D. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the COUNTY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the COUNTY and signed by each Party's authorized representatives. E. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH 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. Collier County Hunger and Homeless Coalition, Inc. Page 6 of 21 Zonal TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident /occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident /occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non -owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier Collier County Hunger and Homeless Coalition, Inc. Page 7 of 21 r-8 B The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. VIII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A —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. B. DOCUMENTATION AND RECORD - KEEPING 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH 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, "E/MBE, Equal Opportunity Employment, and Collier County Hunger and Homeless Coalition, Inc. Page 8 of 21 • s All HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C ". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis - Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS AUDITS AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL FAH. COUNTY AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the COUNTY, or HUD at any time. F. PRIOR WRITTEN APPROVALS- SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of $1,000 or more; (c) All out -of -town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); (d) All change orders; and (e) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (f) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. Collier County Hunger and Homeless Coalition, Inc. Page 9 of 21 A A 1 G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the COUNTY, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A -110 (Uniform Administrative Requirement for Federal Grants), A -122 (Cost Principles for Non - Profit Organizations), A -133 (Audits of State, Local Governments, and Non - Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A -133 (Audits of State, Local Governments, and Non - Profit Organizations), the COUNTY reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A -133. The COUNTY will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the COUNTY. H. PROGRAM - GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAH. 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 FAH, and said plan shall require the prior written approval of the FAH Department or 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. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub - contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), Collier County Hunger and Homeless Coalition, Inc. Page 10 of 21 8 B ON, and determining the custodianship of records. IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN -OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority /women -owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority /women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the COUNTY in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. D. EVALUATION AND MONITORIN G The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the COUNTY and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to FAH, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the COUNTY. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the COUNTY or HUD on forms approved by FAH to enable FAH to Collier County Hunger and Homeless Coalition, Inc. Page 11 of 21 evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). G. DRUG -FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 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. Collier County Hunger and Homeless Coalition, Inc. Page 12 of 21 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. 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 the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and /or reduce the cost of said flood insurance. C. LEAD -BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD- assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead - based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under Collier County Hunger and Homeless Coalition, Inc. Page 13 of 21 `.. 8 B r seven. The notice should also point out that if lead -based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. X1I. 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 that was acquired or improved in whole or in part with CDBG funds in excess of Twenty -five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -one (21) 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. XV. ENTIRE UNDERSTANDIN G This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. Collier County Hunger and Homeless Coalition, Inc. Page 14 of 21 gl;(-- WITNESS our Hands and Seals on this day of 20�. (SUBRECIPIENT SEAL) rov d as to form and le I ien y: Patrick . White Assistant County Attorney COLLIER COUNTY HUNGER. �: M. JONES, CI COLLIER COUNTY, • ■ r S S COALITION K. S— C��VIITT, ADMIIf�ISTRATOR, LAITY DEVELOPMENT & NMENTAL SERVICES Collier County Hunger and Homeless Coalition, Inc. Page 15 of 21 I. A. 3 C �0 ■ EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub - consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub - consultants shall be at cost. Such sub - consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. PROJECT SCOPE: The purpose of this project is to provide initial funding toward the purchase of a Homeless Management Information System (HMIS) to benefit the homeless and at -risk of homelessness population in Collier County, to provide participating agencies improved data collection methods; and to fulfill the HUD requirement to implement an HMIS system by 2004 in order to continue to be eligible to receive HUD Continuum of Care funding. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. BUDGET: Line Item: CDBG Funds Other Purchase of software, hardware, $50,000 $90,035- $126,665 training, technical assistance, office space, (depending on software) operational costs, and fees for the HMIS system administrator Total $140,035 - $176,665 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the COUNTY, as the Grantee, for FAH approval, in a form specified by FAH. D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. E. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. F. DAVIS -BACON ACT: The SUBRECIPIENT shall request the COUNTY to obtain a Davis -Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall Collier County Hunger and Homeless Coalition, Inc. Page 16 of 21 �B incorporate a copy of the Davis -Bacon wage decision and disclose the requirements of the Davis - Bacon Act in its construction bid solicitation and sub - contract(s). G. BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A -110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. H. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the COUNTY that the contractor and subcontractors have complied with the requirements of the Davis -Bacon Act. L FORMER PROJECTS: 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. WORK SCHEDULE: The time frame for completion of the outlined activities 2005shall be: April, 50% of CDBG 2004 -2005 funds expended by Training concluded July, 2005 Full H IIS implementation concluded October, 2005 K. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed 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 on Exhibit C. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. Collier County Hunger and Homeless Coalition, Inc. Page 17 of 21 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION I: REQUEST Subrecipient Name: Collier County Hunger & Homeless Coalition -HMIS Subrecipient Address: 2002 Airport Pulling Road Naples FL Project Name: CDBG -HMIS Project No: CD 04 -17 Payment Request 4 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) 7. If applicable amount held as retainage to date by the County, if not retained by the sub - recipient. $ 50,000 • I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Supervisor Dept Director Date Collier County Hunger and Homeless Coalition, Inc. Page 18 of 21 8B EXHIBIT 6 CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the 10`x' of the following month. Status Report for Month of Submittal Date: Project Name Project Number CD 04 -17 Activity Number Subrecipient: Collier County Hunger & Homeless Coalition Contact Person Birgit Pauli -Haack Telephone: 253 -3057 Fax: 513 -9054 E -mail: 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. Collier County Hunger and Homeless Coalition, Inc. Page 19 of 21 5. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Subcontractor, Address & Phone Contract Federal ID Number I Number Race Ethnicity (See (See definitions on definitions on page 3) page 3) 6. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "L " 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 this number in box "S " below. BOX 1 I BOX 2 Total Number of Extremely Households or Persons Low Income Assisted (0 -30%) BOX 3 Very Low Income (31 -50 %) BOX q I BOX 5 Low, Incom Female Head of I (51 -80%) Household Collier County Hunger and Homeless Coalition, Inc. Page 20 of 21 F Subrecivients must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African- American: A person having origins in any of the black racial groups of Africa. 3. 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. 4. 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. 5. 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: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicity Beneficiaries Collier County Hunger and Homeless Coalition, Inc. Page 21 of 21 8B Memorandum To: Patricia Morgan, Supervisor Clerk of Courts — Minutes and Records From: Nancy Mesa — Grants Support Specialist Date: February 10, 2006 Subject: AMENDMENT TO SUBRECIPIENT AGREEMENT Re: CDBG FY 2004 — 2005 — Collier County Hunger and Homeless Coalition, Inc. - HMIS Attached is an amendment to the original subrecipient agreement between Collier County and the Collier County Hunger and Homeless Coalition, Inc. for CDBG funding, towards a project that will provide initial funding toward the purchase of a Homeless Management Information System (HMIS) to benefit the homeless and at -risk of homelessness population in Collier County and it will provide participating agencies improved data collection methods. This was included in the County's Consolidated Plan One -Year Action Plan FY 2004.2005 as approved by the BCC on April 13, 2004 — Item 8B. The account string for this grant is 121. 138755. 882100. 345101. Please call me at 659 -5770 if you have any questions. Thank you. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator - Administrative Services Division Gwen Butler, Operations Manager - Purchasing File Department of Financial Administration and Housing Communitv Development and Environmental Services Division RIK M AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HUNGER AND HOMELESS COALITION, INC. Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B- 04 -UC -12 -0016 THIS AMENDMENT to AGREEMENT, is entered into this Ig day of hie✓ 2(}5 by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ", and the Collier County Hunger and Homeless Coalition, Inc., a private not- for - profit corporation existing under the laws of the State of Florida, having its principal address as 2001 Airport Road South, Naples, FL 34112, and its Federal Tax Identification number as 04- 3610154, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY and the Subrecipient previously agreed to certain terms under the prior Agreement between the Parties dated December 1, 2004; and WHEREAS, COUNTY and "THE SUBREICIPIENT" desire to amend Exhibit A referenced in Part J of this Agreement, in accord with the approved 2004 -2005 Annual Consolidated Plan; and WHEREAS, COUNTY and "THE SUBRECIPIENT" agree to this amendment of the original subrecipient agreement revising Scope of Services in SECTIONS J of EXHIBIT "A" and replacing that EXHIBIT with the attached hereto revised EXHIBIT A. WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: That the Agreement of December 1, 2004, is amended to replace the prior attached Exhibit "A" with the attached, revised Exhibit "A." Collier County Hunger and Homeless Coalition, Inc. (HMIS) Page 1 of 4 WITNESS our Hands and Seals on this _ I S day of A Z W e A , 6C/ , 20��. (SUBRECIPIENT SEAL) owed as to form and 1 al u i ' cy: Patrick G. W ite Assistant County Attorney COLLIER COUNTY HUNGER & HOMELESS COALITION BY: FRED RICHARDS, CUTIVE DIRECTOR COLLIER COUNTY HUNGER AND HOMELESS COALITION COLLIER COUNTY, FLORIDA BY: CORMAC GIBLIN, MANAGER, HOUSING AND GRANTS MANAGER COMMUNITY DEVELOPMENT Collier County Hunger and Homeless Coalition, Inc. (H MIS) Page 2 of 4 A. I: C. a E. F • 0 T 11 EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub - consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub - consultants shall be at cost. Such sub - consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. PROJECT SCOPE: The purpose of this project is to provide initial funding toward the purchase of a Homeless Management Information System (HMIS) to benefit the homeless and at -risk of homelessness population in Collier County; to provide participating agencies improved data collection methods; and to fulfill the HUD requirement to implement an HMIS system by 2004 in order to continue to be eligible to receive HUD Continuum of Care funding. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. BUDGET: Line Item: CDBG Funds Other Purchase of software, hardware, 5$ 0,000 training, technical assistance, office space, operational costs, and fees for the HMIS system administrator Total $90,035 - $126,665 (depending on software) $140,035 - $176,665 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the COUNTY, as the Grantee, for FAH approval, in a form specified by FAH. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. DAVIS -BACON ACT: The SUBRECIPIENT shall request the COUNTY to obtain a Davis -Bacon Collier County Hunger and Homeless Coalition, Inc. (HMIS) Page 3 of 4 • � • S wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis -Bacon wage decision and disclose the requirements of the Davis - Bacon Act in its construction bid solicitation and sub - contract(s). G. BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A -110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. H. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the COUNTY that the contractor and subcontractors have complied with the requirements of the Davis -Bacon Act. FORMER PROJECTS: 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. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: 50% of CDBG 2004 -2005 funds expended by February, 2006 Training concluded March, 2006 Full HMIS implementation concluded April, 2006 K. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed 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 on Exhibit C. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. Collier County Hunger and Homeless Coalition, Inc. (H MIS) Page 4 of 4 [Ii ir. Memorandum .ill• \; To: Patricia Morgan, Supwvisor Clerk of Courts - Minutes and Records From: Nancy Mesa - Grants Support Specialist -Irp wr� Date: December 15, 2004 Subject: Subrecipient Agreement Re: CDBG - FY 2004 - 2005 Attached please find the original subrecipient agreement between Collier County and Habitat for Humanity of Collier County, Inc. for CDBG funding in the amount of $500,000 toward land acquisition in Immokalee for a project known as Fuller Village where at least two hundred fifty (250) homes will be built for low - income beneficiaries. This was included in the County's Consolidated Plan One -Year Action Plan FY 2004.2005 as approved by the BCC on April 13, 2004 - Item 8B. The account string for this grant is 121 - 138755 - 882100- 345101. Please call me at 659 -5770 if you have any questions. Thank you. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator - Administrative Services Division Gwen Butler, Operations Manager - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division 8B' "011. .. AGREEMENT BETWEEN COLLIER COUNTY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B- 04 -UC -12 -0016 THIS AGREEMENT, is entered into this 1"4 day of &Zt.* er 20 oA /, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ", and "Habitat for Humanity of Collier County, Inc.," a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at 11150 Tamiami Trail East, Naples, Florida 34113, and its Federal Tax Identification number as 59- 1834379, hereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development 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 Fiscal Year 2004 -2005 Consolidated One -Year Action Plan was developed following the Collier County Consolidated Plan — Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 for the CDBG Program by Resolution on April 13, 2004, including the use of this standard form Agreement; and Habitat for Humanity of Collier County, Inc. Page 1 of 22 0 X6.1 is WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and Habitat for Humanity of Collier County, Inc. desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage Habitat for Humanity of Collier County, Inc. to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) "County" means Collier County, and where applicable, its authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "FAH" means the Financial Administration and Housing Department of Collier County. (4) "SUBRECIPIENT" means Habitat for Humanity of Collier County, Inc. (5) "FAH Approval" means the written approval of the FAH Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A ". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B" along with Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B- 04 -UC -12 -0016. The effective date shall be the latest date of execution of this Agreement, and the services of the Habitat for Humanity of Collier County, Inc. Page 2 of 22 ma m 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, 2005. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB - RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $500,000 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 improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty -five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any Habitat for Humanity of Collier County, Inc. Page 3 of 22 t- 80 �00 applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Habitat for Humanity of Collier County, Inc. Page 4 of 22 8 B 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010, which describes the Davis -Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A -3. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti - Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A -102. This subpart includes 24 CFR 570.502. 26. OMB Circular A -133 - concerning annual audits. 27. OMB Circular A -122 - which identifies cost principles. 28. Section 109, Public Law 100 -202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A -110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non - Profit Organizations. 30. 24 CFR Part 85- OMB Circular A -102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. Habitat for Humanity of Collier County, Inc. Page 5 of 22 �0 • IM 1 1 C. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the FAH Department or his designee. D. AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. E. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the County harmless and will indemnify the County for funds, which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. Habitat for Humanity of Collier County, Inc. Page 6 of 22 Me F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH 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. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident /occurrence per Florida Habitat for Humanity of Collier County, Inc. Page 7 of 22 • Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident /occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non -owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees, and Agents, c/o Department of Financial Administration and Housing ". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. Habitat for Humanity of Collier County, Inc. Page 8 of 22 • I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. VIII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A —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. B. DOCUMENTATION AND RECORD - KEEPING The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the County by the SUBRECIPIENT at any time upon request by the County or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE /MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C ". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis - Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall 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. Habitat for Humanity of Collier County, Inc. Page 9 of 22 • C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS AUDITS AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL FAH COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the County, or HUD at any time. F. PRIOR WRITTEN APPROVALS - SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of $1,000 or more; (c) All out -of -town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); (d) All change orders; and (e) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (f) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Habitat for Humanity of Collier County, Inc. Page 10 of 22 • Circulars A -110 (Uniform Administrative Requirement for Federal Grants), A -122 (Cost Principles for Non - Profit Organizations), A -133 (Audits of State, Local Governments, and Non - Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A -133 (Audits of State, Local Governments, and Non - Profit Organizations), the County reserves the right to require submission of audited financial statements and /or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A -133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. H. PROGRAM - GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAH. 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 FAH, and said plan shall require the prior written approval of the FAH Department or 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. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub - contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. Habitat for Humanity of Collier County, Inc. Page 11 of 22 " 8 B • "r IX. OTHER PROGRAM REOUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower - income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ETNERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority /women -owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority /women- owned business enterprises shall be located in or owned by residents of the 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 through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to FAH, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the County. The Habitat for Humanity of Collier County, Inc. Page 12 of 22 • SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the County or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). G. DRUG -FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the 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, Habitat for Humanity of Collier County, Inc. Page 13 of 22 � 1 a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. 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 the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. C. LEAD -BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD - assisted housing and require that all owners, prospective owners, and tenants of Habitat for Humanity of Collier County, Inc. Page 14 of 22 properties constructed prior to 1978 be properly notified that such properties may include lead - based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any 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 that was acquired or improved in whole or in part with CDBG funds in excess of Twenty -five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -two (22) 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. Habitat for Humanity of Collier County, Inc. Page 15 of 22 `0 ■ XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this, ,day of L r , 20 04/ (SUBRECIPIENT SEAL) Approved as to form and Legal sufficiency: Patrick G. White Assistant County Attorney HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. BY: SAMUEL J. RSO, M.D., PRESIDENT COLLIER COUNTY, FLORI A BY: JOSE K. SCHMI T, ADMINI TOR, COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Habitat for Humanity of Collier County, Inc. Page 16 of 22 EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: 00 IV PROJECT DESCRIPTION: Lem.-, Habitat for Humanity of Collier County, Inc. shall acquire land and construct new three - bedroom, one - bath, owner occupied homes for at least two hundred fifty (250) low— income individuals /families. The development, tentatively to be named Fuller Village, will be located on Route 29 in Immokalee, immediately south of Farm Worker Village. It is anticipated that the re- zoning and permitting processes will take three (3) years to be approved. At that time, construction (infrastructure and homebuilding) shall begin. Approximately 50 - 60 homes will be completed per year. PROJECT SCOPE: The purpose of this funding is acquisition of 100 acres with 65 buildable acres in Immokalee, FL to enable Habitat for Humanity of Collier County, Inc. to construct at least two hundred fifty (250) new owner - occupied affordable housing units for low - income residents. 100% of the persons or households served will be low - income persons. Eligible households will earn less than 80% of the HUD Area Median Income (MFI). When 51% of the units are sold, SUBRECIPIENT shall submit to FAH a certification that all purchasers meet income qualification. This funding is a reimbursable $500,000 grant. NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings /specifications to FAH and obtain a letter of approval prior to starting construction work. The final number of units to be constructed must be reported to FAH staff as soon as the determination is made. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid work in a manner that would allow the receipt of itemized costs from bidders. NOTE 3: The SUBRECIPIENT shall incorporate exterior features into the design of the units that will result in the units not appearing to be duplicates. Examples of items to be incorporated are: varying setbacks, different window shapes, orientation on the lot, different types of exteriors, landscaping, floorplans etc. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. Habitat for Humanity of Collier County, Inc. Page 17 of 22 C. E BUDGET: Line Item: Land Acquisition Site Work/Infrastructure Construction Subtotal Total CDBG Funds Other $500,000 $ 400,000 $ 7,500,000 $12,500,000 $19,400,000 $20,000,000 80 STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. MEASURABLE PERFORMANCE OUTCOMES: The SUBRECIPIENT shall complete the following documents to report program successes: Monthly report The above documents will be made available to FAH staff for monitoring when requested. F. FORMER PROJECTS: Failure to adequately maintain any former CDBG /HOME funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG /HOME funds. G. WORK SCHEDULE: The time frame for completion of the outlined activities shall be June 15, 2005. Fifty per cent (50 %) of the funding must be expended by March 31, 2005. Fifty -one (5 1) percent of the units shall be constructed and occupied by June 30, 2010. H. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project until 51% of the units are constructed and occupied by low income persons /households. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed 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 C ". The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. Habitat for Humanity of Collier County, Inc. Page 18 of 22 8B EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION 1• REQUEST FOR PAYMENT Subrecipient Name: Habitat for Humanity of Collier County. Inc. Subrecipient Address: 11150 E. Tamiami Trail Naples, FL 34113 Project Name: Land A uisition — Immokalee Project No: CD 04 -02 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) 7. If applicable amount held as retainage to date by the County, if not retained by the sub - recipient. I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director Habitat for Humanity of Collier County, Inc. Page 19 of 22 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the I ffh of the following month. Status Report for Month of Submittal Date: Project Name Land Acquisition - Immokalee Project Number CD 04 -02 Activity Number Subrecipient: Habitat for Humanity of Collier County Inc. Contact Person Cheryl Malone Telephone: 775 -0036 Fax: 775 -0477 E -mail: cmalone(d)hfhcollier 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. New contracts executed this month (if applicable): Habitat for Humanity of Collier County, Inc. Page 20 of 22 �4 80 Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on page 3) Ethnicity (see definitions on page 3) Total Number of Extremely Very Low Income Female Head of Household Households or Persons Low Income Low Income (51 -80 %) 6. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). Enter the number of beneficiaries in the blank space and in box "1. " INCOME Of the households or persons assisted, are extremely low - income income (0 -30 %) of the current Median Family Income (MFI). Enter this number in box "2. " Of the households or persons assisted, Family Income (MFI). Enter this number in box "3. Of these households or persons assisted, Income (MFI). Enter this number in box "4. are very low- income (31 -50 %) of the current Median are low income (51 -80 %) of the current Median Family 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 this number in box "5 " below. BOX l BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Household Households or Persons Low Income Low Income (51 -80 %) Assisted (0 -30 %) (31 -50 %) Habitat for Humanity of Collier County, Inc. Page 21 of 22 • Fag • Subrecivients must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African- American: A person having origins in any of the black racial groups of Africa. 3. 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. 4. 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. 5. 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: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicity Beneficiaries Habitat for Humanity of Collier County, Inc. Page 22 of 22 From: Date: Subject: Re: • i • II Memorandum Patricia Morgan, Supervisor Clerk of Courts — Minutes and Record, Sandra Marrero — Grants Manager March 1, 2007 Deed Restriction - ke cord CDBG - FY 2004 — 2005 Attached please find a Declaration of Restrictions original subrecipient agreement between Collier County and Habitat for Humanity of Collier County, Inc. for CDBG funding in the amount of $500,000 toward land acquisition in Immokalee for a project known as Fuller Village where at least two hundred fifty (250) homes will be built for low- income beneficiaries. This was included in the County's Consolidated Plan One -Year Action Plan FY 2004 -2005 as approved by the BCC on April 13, 2004 — Item 8B. The account string for this grant is 121 - 345201 - 649030. Please call Shawn Tan at 403 -5770 if you have any questions. Thank you. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator - Administrative Services Division Gwen Butler, Operations Manager - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division EXHIBIT "D" Prepared by and Return to: Collier County Housing & Grants Department 3050 N. Horseshoe Drive, #110 Naples, Florida 34104 DECLARATION OF RESTRICTIONS Habitat for Humanity of Collier County, Inc. a private, limited partnership, having its principle office at 11145 Tamiami Trail East Naples Fl, 34113, hereinafter referred to as "Declarant," for the property described below, in consideration of CDBG funding in the amount of Five Hundred Thousand Dollars ($500,000.00) to be received from Collier County does hereby grant to the County the following restrictions against the subject property described as: That part of the West `/z of Section 12 and the Northwest % of Section 13, Township 47 South, Range 29 East, Collier County, Florida, being more particularly described as follows: Beginning at a 4" by 4" concrete monument found marking the Southwest corner of said Section 12; thence North 02'13' 13" West along the West line of the Southwest '/4 of said Section 12, a distance of 2670.91 feet to a 4" X 4" concrete monument found marking the Northwest corner of the Southwest '/ of said Section 12; thence North 02 "13 "27" West along the West line of the Northwest 1/4 of said Section 12, a distance of 179.09 feet; thence departing said West line, North 87 "46'47" East a distance of 1235.30 feet; thence South 02 °13' 13" East along a line 1235.30 feet East of and parallel with the West line of the Southwest '/ of said Section 12 a distance of 4193.59 feet to the Northerly maintained right -of -way line of State Road No. 29; thence North 45 003 °20" West along said Northerly line a distance of 730.92 feet; thence north 44 055'22" West to an intersection with the Westerly line of said Section 13, a distance of 1088.66 feet; thence North 02 °19'22" West along said Westerly line, a distance of 7.56 feet to the point of beginning LESS AND EXCEPT THEREFROM all right, title and interest of the Grantor, if any, in and to the oil, gas and minerals of every kind or character located in, on or under, or that may be produced from said property. 1. This Declaration of Restrictions shall be deemed as covenants running with the land and are binding upon the undersigned, their heirs, executors, successors, and assigns. These restrictions can only be terminated if released by Collier County, acting through and by its Board of County Commissioners, and only when executed with the same formalities as this document, effective when recorded in the Public Records of Collier County, Florida. Collier County is specifically granted the right to enforce this Declaration using all means lawfully available, and is entitled to such costs and fees as may be required to enforce this Declaration. 2. In consideration of the County's grant in the amount of $500,000.00 (in CDBG funds) as provided through a grant Agreement with the County dated — , 2004 the Declarant hereby covenants and agrees to only use the subject property as described in the Dec arant's funding application to the County, and as described in said grant Agreement, and as set forth below, for a period of twenty (20) years commencing with the expiration date of said grant Agreement (as the term of such Agreement may be amended from time to time). 3. The Declarant agrees, with regard to the use of the facility /property whose acquisition or improvements were funded through the grant Agreement that for a period of twenty (20) years after the closing date of said project (as the term of such Agreement may be amended from time to time): a. The Declarant may not change the use or planned use, or discontinue use, of the facility /property (including the beneficiaries of such use) from that for which the acquisition or improvements were made, unless the Declarant provides affected citizens with reasonable notice of, and opportunity to comment on, any such proposed change and either: i) The new use of the facility /property, in the opinion of the County, qualifies as meeting one of the national objectives defined in the regulations governing the CDBG program, TD 010 and is not a building for the general conduct of government; or ii) The requirements of paragraph 3(b)of this section are met. b. If the Declarant determines after consultation with affected citizens, that it is appropriate to change the use of the facility /property to a use which does not qualify under Paragraph 3(a)(1) of this section or discontinue use of the facility /property, it may retain or dispose of the facility for such use if the County is reimbursed in the amount of the current fair market value of the facility /property less any portion thereof attributable to expenditures of non -CDBG funds for acquisition of, or improvements to the facility /property. The final determination of the amount of any such reimbursement to the County under this paragraph shall be made by the County. c. Following the reimbursement of CDBG funds by the Declarant to the County pursuant to Paragraph 3(b) above, the facility /property will then no longer be subject to these restrictions once the County has recorded a release of these restrictions as described above. In the event of any proposed sale, conveyance or transfer of the subject property, the Declarant must obtain approval of the County, through its Housing & Grants Section. Any approved sale or conveyance of the subject property by the Declarant will be contingent upon the receipt of the payment by the County in accordance with the provisions of Paragraph 3(b) above, or the receipt of a commitment, executed by a subsequent owner acceptable to the County, acknowledging its acquiescence to this Declaration. 4. The Declarant agrees to notify the County in writing through the Housing & Grants Section of any liens, judgments or pending foreclosure on the subject property within five (5) working days of the receipt of said notice by the Declarant. 5. Declarant shall submit to the County once each year a report detailing the Declarant's compliance with the terms of the grant Agreement and this Declaration of Restrictions. 6. Declarant relinquishes all rights to alter, amend, modify, or release the covenants set forth in this Declaration prior to the completion of the twenty -year period described above. Executed this. I day of E 6f 40 , 20 (0-1 (CORPORATE SEAL) STATE OF FLOR)D COUNTY O V ( � HABITAT F HU OF COLLIER COUNT , BY: SAMUEL J. D ,9990, M.D., PRESIDENT HABITAT FM HUMANITY OF COLLIER COUNTY, INC. The forgoing Agreement was acknowledged before me this _day of FPI,r 20 0% by SOS LiLe ©to o M.Q. ,as PCesiAeft+ s personally known to me or has produced as identification and who did (did not) 2 Lisa B. Lefkow Commission # DD293446 Expire a March 4, 2008 Bonded Troy F&In - InS��ranoe, Irk. 800-3&5 -tots B B At,� G�Z: ,iMemorandum '. \ To: Patricia Morgan, Supervisor Clerk of Courts - Minutes and Records From: Susan Alden - HUD Grant Analyst Date: December 30, 2004 Subject: Subrecipient Agreement Re: CDBG - FY 2004 - 2005 Attached please find the original subrecipient agreement between Collier County and the City of Naples for CDBG funding in the amount of $137,000 toward two (2) public improvement projects in targeted areas in the City of Naples. The first is alley improvements between 2nd Avenue North and 3b Avenue North, east of 10th Street North, at an estimated cost of $11,000. The second is installation of approximately 31 streetlights on 13th and 14th Street North in the River Park East subdivision at an estimated cost of approximately $116,000. Administration costs are $10,000 for administration and implementation of these projects. This was included in the County's Consolidated Plan One -Year Action Plan FY 2004 -2005 as approved by the BCC on April 13, 2004 - Item 8B. The account string for this grant is 121. 138755 - 881400- 345101. Please call me at 403 -2339 if you have any questions. Thank you. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator - Administrative Services Division Gwen Butler, Operations Manager - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF NAPLES Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B- 04 -UC -12 -0016 THIS AGREEMENT, is entered into this dRO- day of - r+^-�� 20 _*, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ", and the "City of Naples," a municipal corporation in the State of Florida, having its principal office at 735 8`h Street S, Naples, FL 34102, and its Federal Tax Identification number as 59- 6000382, hereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development 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 Fiscal Year 2004 -2005 Consolidated One -Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 for the CDBG Program by Resolution on April 13, 2004, including the use of this standard form Agreement; and City of Naples Page 1 of 22 A BAAS WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and The City of Naples desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the City of Naples to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) "County" means Collier County, and where applicable, its authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "FAH" means the Financial Administration and Housing Department of Collier County. (4) "SUBRECIPIENT" means the City of Naples (5) "FAH Approval" means the written approval of the FAH Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A ". IL SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B" along with Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B- 04 -UC -12 -0016. The effective date shall be the latest date of execution of this Agreement, and 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, City of Naples Page 2 of 22 al �3 2005. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB - RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $137,000 (ONE HUNDRED THIRTY SEVEN THOUSAND DOLLARS) for the services described in Exhibit "A." In the event the project costs exceed the stated amount, the SUBRECIPIENT shall be responsible for the excess. 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 improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty -five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any City of Naples Page 3 of 22 applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 A to 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 City of Naples Page 4 of 22 s A 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010, which describes the Davis -Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A -3. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti - Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A -102. This subpart includes 24 CFR 570.502. 26. OMB Circular A -133 - concerning annual audits. 27. OMB Circular A -122 - which identifies cost principles. 28. Section 109, Public Law 100 -202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A -110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non - Profit Organizations. 30. 24 CFR Part 85- OMB Circular A -102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. City of Naples Page 5 of 22 C. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the FAH Department or his designee. D. AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. E. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the County harmless and will indemnify the County for funds, which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. City of Naples Page 6 of 22 F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH or the County. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the SUBRECIPIENT, and the County may withhold any payment to the SUBRECIPIENT for set -off purposes until such time as the exact amount of damages due to the County from the SUBRECIPIENT is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident /occurrence per Florida City of Naples Page 7 of 22 RB,> Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non -owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners a Political Subdivision of the State of Florida, its Officers Employees and Agents c/o Department of Financial Administration and Housing ". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. City of Naples Page 8 of 22 I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. VIII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A —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. B. DOCUMENTATION AND RECORD - KEEPING I. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the County by the SUBRECIPIENT at any time upon request by the County or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE /MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C ". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis - Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall 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. City of Naples Page 9 of 22 N E E. F N ; fftI7)W' 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, which are incorporated herein by reference. 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. ADDITIONAL FAH COUNTY AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the County, or HUD at any time. PRIOR WRITTEN APPROVALS- SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of $1,000 or more; (c) All out -of -town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); (d) All change orders over $2,000; and (e) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (f) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB City of Naples Page 10 of 22 • a s � Circulars A -110 (Uniform Administrative Requirement for Federal Grants), A -122 (Cost Principles for Non - Profit Organizations), A -133 (Audits of State, Local Governments, and Non - Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A -133 (Audits of State, Local Governments, and Non - Profit Organizations), the County reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A -133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. H. PROGRAM - GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAH. 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 FAH, and said plan shall require the prior written approval of the FAH Department or 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. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the City of Naples. Program Income shall be utilized to undertake activities specified in the One -Year Action Plan pertaining to the City of Naples project (s) and all provisions of this Agreement shall apply to said activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub - contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. City of Naples Page 11 of 22 wlm� IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ETNERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority /women -owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority /women- owned business enterprises shall be located in or owned by residents of the 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 through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to FAH, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the County. The City of Naples Page 12 of 22 loom SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the County or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). G. DRUG -FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the 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, City of Naples Page 13 of 22 a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. 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 the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. C. LEAD -BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD - assisted housing and require that all owners, prospective owners, and tenants of City of Naples Page 14 of 22 R 0 *4 properties constructed prior to 1978 be properly notified that such properties may include lead - based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any 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 that was acquired or improved in whole or in part with CDBG funds in excess of Twenty -five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -two (22) 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. City of Naples Page 15 of 22 XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this 4- day of . 20 0 Approved as to form and legal sufficiency: ROBERT D. PRITT, CITY ATTORNEY ATTEST: BY: Azoz� T A. Norm , City Clerk Approved as to form and legal sufficiency: ko, 4 Patrick G. White Assistant County Attorney CITY OF NAPLES, FLORIDA ,tea BY: BILL BARNETT, MAYOR COLLIER COUNTY, FLORID SEPH K. SCWITT, ADMINISTRATOR COMMUNITY DEVELOPMMENT& ENVIRONMENTAL SERVICES City of Naples Page 16 of 22 EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: A. PROJECT DESCRIPTION: `k' The City of Naples proposes to allocate the CDBG funds towards two (2) public improvement projects. Targeted areas include alley improvements between 2 "d Avenue North and 3rd Avenue North east of 10`h Street North. The cost estimate is $11,000. The second public improvement project is installation of streetlights on 13`h and 14`h Street North in the River Park East subdivision. The estimated cost for 31 streetlights is approximately $116,000. An additional $10,000 is for administration and implementation of these public improvement projects. B. PROJECT SCOPE: The purpose of this project is to benefit over 1,200 low- income residents in the Carver -River Park neighborhood. The SUBRECIPIENT further agrees that CCFAH, in consultation with any parties CCFAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. BUDGET: Line Item: CDBG Funds Other Public Facility Improvements $11,000 Streetlights $116,000 Administration/Implementation $10,000 Total $137,000 D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. E. MEASURABLE PERFORMANCE OUTCOMES: The SUBRECIPIENT shall complete the following documents to report program successes: The above documents will be made available to FAH staff for monitoring when requested. City of Naples Page 17 of 22 R Bit F. FORMER PROJECTS: Failure to adequately maintain any former CDBG /HOME funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG /HOME funds. G. WORK SCHEDULE: The time frame for completion of the outlined activities shall be June 15, 2005. Fifty per cent (50 %) of the funding must be expended by March 31, 2005. H. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed 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 U. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. City of Naples Page 18 of 22 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION 1• REQUEST FOR PAYMENT Subrecipient Name: City of Naples Subrecipient Address: 735 8th Street South Naples FL 34102 Project Name: Citv of Naples Street Improvements Project No: CD 04 -01 Payment Request # Dollar Amount Requested: $ SECTION 11: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) 7. If applicable amount held as retainage to date by the County, if not retained by the sub - recipient. $ 137,000 ■ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Supervisor Dept Director Date City of Naples Page 19 of 22 • EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the I e of the following month. Status Report for Month of Submittal Date: Project Name City of Naples Street Improvements Project Number CD 04 -01 Activity Number Subrecipient: City of Na les Contact Person Susan Golden Telephone: 213 -1041 Fax: 213 -1045 E -mail: s olden �nayles ov 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. New contracts executed this month (if applicable): City of Naples Page 20 of 22 • a Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on page 3) Ethnicity (see definitions on page 3) Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51 -80 %) Household 6. For projects that serve a particular clientele, please complete the following information by entering the appropriate number to 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 emely 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 this number in box "5 " below. BOX BOX BOX BOX BOX Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51 -80 %) Household Assisted (0 -30 %) (31 -50 %) City of Naples Page 21 of 22 e � Subrecipients must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African- American: A person having origins in any of the black racial groups of Africa. 3. 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. 4. 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. 5. 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: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and 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: City of Naples Page 22 of 22 8B Memorandum f�OR1O' To: Patricia Morgan, Supervisor Clerk of Courts - Minutes and Records From: Nancy Mesa - Grants Support Specialist Date: February 8, 2005 Subject: Subrecipient Agreement Re: ESG FY 2004 - 2005 - Immokalee Friendship House Attached please find the original subrecipient agreement between Collier County and the Immokalee Friendship House for Emergency Shelter Grant (ESG) funding in the amount of $96,461.00 towards a program that will provide essential services to benefit the emergency shelter clients at -risk of becoming homeless. This was included in the County's Consolidated Plan One -Year Action Plan FY 2004 -2005 as approved by the BCC on April 13, 2004 - Item 8B. The account string for this grant is 121. 138755- 882100 - 348001. Please call me at 659 -5770 if you have any questions. Thank you. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator - Administrative Services Division Gwen Butler, Operations Manager - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division 8 B r AGREEMENT BETWEEN COLLIER COUNTY AND IMMOKALEE FRIENDSHIP HOUSE Catalog of Federal Domestic Assistance # 14.231 HUD Grant # S- 04 -UC -12 -0024 THIS AGREEMENT, is entered into this day of -y 2016 by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" and the "IMMOKALEE FRIENDSHIP HOUSE," a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at 602 W. Main Street, Immokalee FL, 34142, and its Federal Tax Identification number as 65- 0025941, hereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Emergency Shelter Grant Program in certain areas of Collier County, pursuant to the United States Department of Housing and Urban Development ( herinafter called "HUD ") as provided by the Stewart B. McKinney Act (as amended P.L. 100- 77 herinafter called "ACT "); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit homeless individuals in Immokalee with the use of Emergency Shelter Grant (ESG) funds; to improve the quality of life in Collier County by providing assistance for emergency - transitional shelter clients at -risk of becoming homeless; as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2004 -2005 Consolidated One -Year Action Plan was developed following the Collier County Consolidated Plan — Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 for the ESG Program by Resolution on April 13, 2004, including the use of this standard form Agreement; and WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 for the ESG Program and the use of the ESG funds for the activities identified in the Plan; and ESG IMMOKALEE FRIENDSHIP HOUSE Page 1 of 26 WHEREAS, COUNTY and "IMMOKALEE FRIENDSHIP HOUSE" desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, COUNTY desires to engage "IMMOKALEE FRIENDSHIP HOUSE" to implement such undertakings of the Emergency Shelter Grant Program (ESG) as valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: DEFINITIONS (1) "County" means Collier County, and where applicable, its authorized representative(s). (2) "ESG" means the Emergency Shelter Grant Program of Collier County. (3) "FAH' means the Financial Administration and Housing Department of Collier County. (4) "SUBRECIPIENT" means "IMMOKALEE FRIENDSHIP HOUSE." (5) "FAH Approval" means the written approval of the FAH Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A ". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit `B" along with Exhibit "C," all of which are attached hereto and made a part hereof. III. THE OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. S- 04 -UC -12 -0024. The effective date shall be the latest date of execution of this Agreement, and 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, 2006. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS ESG IMMOKALEE FRIENDSHIP HOUSE Page 2 of 26 The SUB - RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $96,461 NINETY SIX THOUSAND FOUR HUNDRED AND SIXTY ONE DOLLARS 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 improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Emergency Shelter Grant (ESG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Emergency Shelter Grant funds. ESG IMMOKALEE FRIENDSHIP HOUSE Page 3 of 26 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010, which describes the Davis -Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A -3. ESG IMMOKALEE FRIENDSHIP HOUSE Page 4 of 26 8 B ,. I. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti- Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A -102. This subpart includes 24 CFR 570.502. 26. OMB Circular A -133 - concerning annual audits. 27. OMB Circular A -122 - which identifies cost principles. 28. Section 109, Public Law 100 -202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A -110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non - Profit Organizations. 30. 24 CFR Part 85- OMB Circular A -102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. ESG IMMOKALEE FRIENDSHIP HOUSE Page 5 of 26 F r C. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the FAH Department or his designee. D. AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. E. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the County harmless and will indemnify the County for funds, which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. ESG IMMOKALEE FRIENDSHIP HOUSE Page 6 of 26 r F. GRANTEE RECOGNITION Fool i 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 FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH 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. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida ESG Il"OKALEE FRIENDSHIP HOUSE Page 7 of 26 Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident /occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non -owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers Employees, and Agents c/o Department of Financial Administration and Housing ". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. ESG IM MOKALEE FRIENDSHIP HOUSE Page 8 of 26 INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. VIII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A —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. B. DOCUMENTATION AND RECORD- KEEPING The SUBRECIPIENT shall maintain all records required by the ESG Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the County by the SUBRECIPIENT at any time upon request by the County or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C ". 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. ESG IMMOKALEE FRIENDSHIP HOUSE Page 9 of 26 • Aims C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS AUDITS AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL FAH COUNTY AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the County, or HUD at any time. F. PRIOR WRITTEN APPROVALS- SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of $1,000 or more; (c) All change orders; and (d) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (e) All rates of pay and pay increases paid out of ESG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A -110 (Uniform Administrative Requirement for Federal Grants), A -122 (Cost Principles for Non -Profit Organizations), A -133 (Audits of State, Local Governments, and ESG IMMOKALEE FRIENDSHIP HOUSE Page 10 of 26 • • b Non - Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A -133 (Audits of State, Local Governments, and Non - Profit Organizations), the County reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A -133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. H. PROGRAM - GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAH. 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 FAH, and said plan shall require the prior written approval of the FAH Department or 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. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for ESG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub - contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. ESG IMMOKALEE FRIENDSHIP HOUSE Page 11 of 26 a � IX. OTHER PROGRAM REQUIREMENTS B. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower - income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN -OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority /women -owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority /women- owned business enterprises shall be located in or owned by residents of the ESG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to FAH, the County or the County's designees and make copies or transcriptions of ESG IMMOKALEE FRIENDSHIP HOUSE Page 12 of 26 such records and information, as is determined necessary by FAH or the County. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the County or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. F. PUBLIC ENTITY CRIlVIES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). G. DRUG -FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. ESG IMMOKALEE FRIENDSHIP HOUSE Page 13 of 26 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. 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 the ESG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with ESG funds in excess of $25,000, must adhere to the ESG Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. C. LEAD -BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Regulations ESG IMMOKALEE FRIENDSHIP HOUSE Page 14 of 26 at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD- assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any ESG funds on hand at the time of expiration, any accounts receivable attributable to the use of ESG funds, and any non - expendable personal property that was purchased with ESG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with ESG funds in excess of Twenty -five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS ESG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on ESG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -six (26) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. ESG BWOKALEE FRIENDSHIP HOUSE Page 15 of 26 • � • b XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this ay day of — n�Cr 4 , 20 O.� (SUBRECIPIENT SEAL) Optional Ap oved s to form an e Patrick G. ite Assistant County Attorney IMMOKALEE FRIENDSHIP HOUSE, INC BY: M H WARD, PRESIDENT COLLIER COUNTY, FLORIDA K. SCHMITT, - ADMINISTRATOR, NITY DEVELOPMENT & NMENTAL SERVICES ESG IMMOKALEE FRIENDSHIP HOUSE Page 16 of 26 EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: • r The procurement process of the consultant shall also incorporate any sub - consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub - consultants shall be at cost. Such sub - consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. B. PROJECT SCOPE: NARRATIVE OF WORK PLAN The purpose of the activities pursuant to this Agreement is to provide assistance for Essential Services, operational costs, and administration cost to benefit the emergency shelter clients at -risk of becoming homeless. NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to FAH and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain FAH approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain FAH approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from FAH for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. ESG IMMOKALEE FRIENDSHIP HOUSE Page 17 of 26 • ARE.1i C. BUDGET: Line Item: ESG Funds Other Essential Services Case Manager Interns 2- Interns 500 hrs each $10,000 Total $10,000 Operational Cost Insurance $10,000 Utilities $10,000 Furnishings New Beds $5,000 Maintenance $15,000 Total $40,000 Renovation Retile Rewire Build Offices Build Closets Total Renovation Budget $46,461 TOTAL GRANT AMOUNT $96,461 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the County, as the Grantee, for FAH approval, in a form specified by FAH. D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. E. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. F. DAVIS -BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis -Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis -Bacon wage decision and disclose the requirements of the Davis - Bacon Act in its construction bid solicitation and sub - contract(s). ESG IMMOKALEE FRIENDSHIP HOUSE Page 18 of 26 8B incorporate a copy of the Davis -Bacon wage decision and disclose the requirements of the Davis - Bacon Act in its construction bid solicitation and sub- contract(s). G. BONDING REQUIltEMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A -110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. H. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have complied with the requirements of the Davis -Bacon Act. I. FORMER PROJECTS: Failure to adequately maintain any former ESG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future ESG funds. J. WORK SCHEDULE: The time frame for completion of the outlined activities shall be June 15, 2006. Thirty percent (30%) of the funding must be expended by September 1, 2005 Sixty percent (50 %) of the funding must b e expended by March 1, 2006 One hundred percent (100 %) of the funding must b e expended by June 15, 2006. Please note that if any of these activities exceed the timeline by two months a revised work schedule must be submitted to FAH. K. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with ESG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form "Exhibit C" which is due by the I of the following month. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. *Please note that the provisions of the Davis Bacon Act (40 U.S.C. 276a- 276a -5) do not apply to the ESG program. ESG IMMOKALEE FRIENDSHIP HOUSE Page 19 of 26 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION I: REQUEST Subrecipient Name: Immokalee Friendship House Subrecipient Address: 602 W. Main Street Immokalee FL Project Name: Project No: ESO4 -01 Payment Request 4 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) 7. If applicable amount held as retainage to date by the County, if not retained by the sub - recipient. $ 96,461 I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Supervisor Dept Director Date ESG U"OKALEE FRIENDSHIP HOUSE Page 20 of 26 At"Im ESG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the le of the following month. Status Report for Month of Project Name Submittal Date: Project Number ES O4 -01 Activity Number 128 Subrecipient: Immokalee Friendship House Contact Person Ed Laudise Telephone: 657- 4090/503 -4193 Fax: 239 - 657 -5587 E -mail: ifh naples net 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events /actions are scheduled for the neat 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. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see (see Number Number definitions definitions 1. on page 3) 1 on page 3) ESG IMMOKALEE FRIENDSHIP HOUSE Page 21 of 26 • . = v 6. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). Enter the number of beneficiaries in the blank space and in box "1. " INCOME Of the households or persons assisted, are extremely low- income income (0- 30%) of the current Median Family Income (MFI). Enter this number in box "2. " Of the households or persons assisted, are very low - income (31 -50 %) of the current Median Family Income (1VIFI). 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 this number in box "5" below. BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51 -80%) Household Assisted (0 -30 %) (31 -50 %) ESG Program Services HOUSING AND SERVICES THIS ACIVITY PROVIDES: ESG IMMOKALEE FRIENDSHIP HOUSE Page 22 of 26 r amium Indicate ra s and Service(s) wink an "X" # Total Emergency Shelter Facilities Vouchers For Shelters Drop in Center Food Pantry Mental Health Alcohol/Drug Program Child Care Transitional Housing Outreach Soup Kitchen/Meal Distribution Health Care # Total HN/AIDS Services Employment Homeless Prevention Other * *If you chose OTHER, type a description of the services (25 Characters) BENEFICIARY COUNT ESTIMATES: Residential Services # Total AVERAGE NUMBER SERVED DAILY ADULTS If shelter provides overnight accommodations type in an estimate of the average number of adults served daily. AVERAGE NUMBER SERVED DAILY CHILDREN- If shelter provides overnight accommodations type in an estimate of the average number of children served daily. AVERAGE NUMBER SERVED YEARLY -If shelter provides overnight accommodations type the average number of persons served yearly. Base number on the persons served, not number of visits. Non- Residential Services # Total AVERAGE NUMBER SERVED DAILY ADULTS If your shelter does not have overnight accommodations, type the average count of non - resident persons served daily. If a person is served more than once daily, include each visit in the count. Subrecinient must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: ESG IMMOKALEE FRIENDSHIP HOUSE Page 23 of 26 • A 11 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African- American: A person having origins in any of the black racial groups of Africa. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 3. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 4. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. 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 RACIAL/ETHNIC CHARACTERISTICS: On this table you approximate the racial and ethnic background of residential persons only that are served by your facility. You must enter racial and ethnic characteristics for the same "Average Number Served yearly" that you entered on the previous table. Race # Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi- Racial TOTAL: ESG DEMOGRAPHIC FOR BENEFICIARIES: Residential Services %Male %Female Unaccompanied 18 and over? Unaccompanied Under 18? Single 18 and Over- Single parent families with children headed by an adult 18 and over? ESG IMMOKALEE FRIENDSHIP HOUSE Page 24 of 26 • C • LII On An Average day % of the Po ubd n served who are a/o Youth 18 and under - Single parent families with children headed by a youth 18 and under. Two Parents 18 and over -Two parent families with children headed by adults over 18 years . Two parents under 18 -Two parent families with children headed by youths under the age of 18 What is your estimate percentage of the population served by your residential shelter on an averatEe day, which are families with no children? On An Average day % of the Po ubd n served who are % Battered Spouse Runaway/Throwaway Youth Chronically Mentally Ill Developmentally Disabled HIV AIDS Alcohol Dependent Individuals Drug Dependent Individuals Elderly Veterans Physically/ Disabled Other How many penons were housed in: Total Barracks Group/Large House Scattered Site Apartment Single Family Detached House Single Room Occupancy Mobile Home/Trailer Hotel/Motel Other ;ri ESG IMMOKALEE FRIENDSHIP HOUSE Page 25 of 26 Identifying the Funding sources for the Shelter: What is the dollar a®ount of foods eWnded from the fonewing sources2 Tota! of $ Other Federal Local Government Private Fees Other ESG U"OKALEE FRIENDSHIP HOUSE Page 26 of 26 8B Memorandum To: Patricia Morgan, Supervisor Clerk of Courts — Minutes and Records From: Nancy Mesa — Grants Support Specialist Date: February 10, 2006 Subject: AMENDMENT TO SUBRECIPIENT AGREEMENT Re: ESG FY 2004 — 2005 — Immokalee Friendship House Attached is an amendment to the original subrecipient agreement between Collier County and the Immokalee Friendship House for Emergency Shelter Grant (ESG) funding, towards a program that will provide essential services to benefit the emergency shelter clients at -risk of becoming homeless. This was included in the County's Consolidated Plan One -Year Action Plan FY 2004.2005 as approved by the BCC on April 13, 2004 — Item 88. The account string for this grant is 121. 138755. 882100- 348001. Please call me at 659.5770 if you have any questions. Thank you. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator - Administrative Services Division Gwen Butler, Operations Manager - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division MR AILD AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND IMMOKALEE FRIENDSHIP HOUSE Catalog of Federal Domestic Assistance # 14.231 HUD Grant # S- 04 -UC -12 -0024 Amendment Number 1 THIS AMENDMENT TO AGREEMENT, is entered into this /sr day of Cc- 14(-1 20c_) by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" and the " IMMOKALEE FRIENDSHIP HOUSE," a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at 602 W. Main Street, Immokalee FL, 34142, and its Federal Tax Identification number as 65- 0025941, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY and the Subrecipient previously agreed to certain terms under the prior Agreement between the Parties dated January 24, 2005; and WHEREAS, COUNTY and "THE SUBRICIPIENT" desire to amend the activities specified in Part II, Scope of Services of this Agreement, in accord with the approved 2004 -2005 Annual Consolidated Plan; and WHEREAS, COUNTY desires to engage "THE SUBRICIPIENT" to implement such undertakings of the Emergency Shelter Grant Program (ESG) amended by the revised Scope of Services set forth in Exhibit A, as set forth below as valid and worthwhile County purposes; and WHEREAS, COUNTY and "THE SUBRICIPIENT" agree to this amendment of the original subrecipient agreement revising the Scope of Services as set forth below in SECTION C of EXHIBIT "A." NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties to amend their prior Agreement to read as follows for Exhibit A, Section C: Page i of 2 C. BUDGET: Line Item: EXHIBIT "A" SCOPE OF SERVICES ESG Funds General Contractor Services $9,646 Renovation (Demolition, Structural Steel, Framing, $86,815 Windows, Stucco and Drywall, Finish Carpentry, Painting, Flooring, HVAC, Electrical Work, 10% Contingency) TOTAL GRANT AMOUNT $ 96,461 Total Renovation Budget $122,316 Other $25,855 $25,855 M • D *Please note that the provisions of the Davis Bacon Act (40 U.S.C. 276a- 276a -5) do not apply to the ESG program. WITNESS our Hands and Seals on this 3/ S day of 20 C% J (SUBRECIPIENT SEAL) Optional nd App v s to fo legal s ffic' . `� 11� Patrick G. White Assistant County Attorney IMMOKALEE FRIENDSHIP HOUSE, INC BY:s� /JIM HO D, PRESIDENT COLLIER COUNTY, FLORIDA CORMAC GIBLIN, HOUSING AND GRANTS, MANAGER COMMUNITY DEVELOPMENT Page 2 of 2 Memorandum To: Patricia Morgan, Supervisor Clerk of Courts — Minutes and Records From: Sandra Marrero — Grant Manager Date: March 1, 2007 Subject: Deed Resriction - Reco. -d Re: ESG FY 2004 — 2005 — Immokalee Friendship House Attached is an Declaration of Restrictions to the original subrecipient agreement between Collier County and the Immokalee Friendship House for Emergency Shelter Grant (ESG) funding, towards a program that will provide essential services to benefit the emergency shelter clients at -risk of becoming homeless. This was included in the County's Consolidated Plan One -Year Action Plan FY 2004 -2005 as approved by the BCC on April 13, 2004 — Item 8B. The account string for this grant is 121 - 345201. 649030. Please call Shawn Tan at 403 -5770 if you have any questions. Thank you. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator - Administrative Services Division Gwen Butler, Operations Manager - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division Lo- I J11 EXHIBIT "D" Prepared by and Return to: Collier County Housing & Human Services Department 3050 N. Horseshoe Drive, #110 Naples, Florida 34104 DECLARATION OF RESTRICTIONS Immokalee Friendship House, Inc. a private, limited partnership, having its principle office at 602 W. Main Street, Immokalee FL, 34142, hereinafter referred to as "Declarant," for the property described below, in consideration of ESG funding in the amount of Ninety Six Thousand Four Hundred Sixty One Dollars ($96,461.00) to be received from Collier County does hereby grant to the County the following restrictions against the subject property described as: Lots 19 -22 inclusive, Block 5, Miller's Park Subdivision, according to the map or plat thereof, recorded in Plat Book 2, Page 80, and Public Records of Collier County, Florida. Less and except the South 20 fee for road right -of -way as recorded in O.R. Book 1329, Page 2256, Public Records of Collier County, Florida. 1. This Declaration of Restrictions shall be deemed as covenants running with the land and are binding upon the undersigned, their heirs, executors, successors, and assigns. These restrictions can only be terminated if released by Collier County, acting through and by its Board of County Commissioners, and only when executed with the same formalities as this document, effective when recorded in the Public Records of Collier County, Florida. Collier County is specifically granted the right to enforce this Declaration using all means lawfully available, and is entitled to such costs and fees as may be required to enforce this Declaration. 2. In consideration of the County's grant in the amount of $96,461.00 (in ESG funds) as provided through a grant Agreement with the County dated H , 210-QS the Declarant hereby covenants and agrees to only use the subject property as described m the Declarant's funding application to the County, and as described in said grant Agreement, and as set forth below, for a period of twenty (20) years commencing with the expiration date of said grant Agreement (as the term of such Agreement may be amended from time to time). 3. The Declarant agrees, with regard to the use of the facility /property whose acquisition or improvements were funded through the grant Agreement that for a period of twenty (20) years after the closing date of said project (as the term of such Agreement may be amended from time to time): a. The Declarant may not change the use or planned use, or discontinue use, of the facility /property (including the beneficiaries of such use) from that for which the acquisition or improvements were made, unless the Declarant provides affected citizens with reasonable notice of, and opportunity to comment on, any such proposed change and either: i) The new use of the facility /property, in the opinion of the County, qualifies as meeting one of the national objectives defined in the regulations governing the ESG program, and is not a building for the general conduct of government; or ii) The requirements of paragraph 3(b)of this section are met. b. If the Declarant determines after consultation with affected citizens, that it is appropriate to change the use of the facility /property to a use which does not qualify under Paragraph 3(a)(1) of this section or discontinue use of the facility /property, it may retain or dispose of the facility for such use if the County is reimbursed in the amount of the current fair market value of the facility /property less any portion thereof attributable to expenditures of non -ESG funds for acquisition of, or improvements to the facility /property. The final determination of the amount of any such reimbursement to the County under this paragraph shall be made by the County. LPIN c. Following the reimbursement of ESG funds by the Declarant to the County pursuant to Paragraph 3(b) above, the facility /property will then no longer be subject to these restrictions once the County has recorded a release of these restrictions as described above. In the event of any proposed sale, conveyance or transfer of the subject property, the Declarant must obtain approval of the County, through its Housing & Grants Section. Any approved sale or conveyance of the subject property by the Declarant will be contingent upon the receipt of the payment by the County in accordance with the provisions of Paragraph 3(b) above, or the receipt of a commitment, executed by a subsequent owner acceptable to the County, acknowledging its acquiescence to this Declaration. 4. The Declarant agrees to notify the County in writing through the Housing & Grants Section of any liens, judgments or pending foreclosure on the subject property within five (5) working days of the receipt of said notice by the Declarant. 5. Declarant shall submit to the County once each year a report detailing the Declarant's compliance with the terms of the grant Agreement and this Declaration of Restrictions. 6. Declarant relinquishes all rights to alter, amend, modify, or release the covenants set forth in this Declaration prior to the completion of the twenty -year period described above. Executed this /T !'�� ay of 1 S 20 0 ' IMMOKALEE FR SHIP OUSE, INC. BY: /A (CORPORATE SEAL) MONICA FISH, IrXE U'rIVJVDIRECTOR IMMOKALEE FRIENDSHIP HOUSE, INC. STATE OF FLORIDA COUNTY OF CO 1 11 e� 61 The forgoing Agreement was acknowledged before me this day of !Fj2AJ(_VC11LN 20 -07�by 1 r `fin l i c, 1` ^cam: / - as 1=�e of who is personally known to me or has produced as identifi do and who d' d ake an oath. e`� - !F� �Q PERLA FATAYER [QP MY COMMISSION k DD 523432 BMW Thm 14*ry NPJ* LklhW2010 rilW3 2 • R e Memorandum UO.- To: Patricia Morgan, Supervisor Clerk of courts - Minutes and Records From: Nancy Mesa - Grants Support Date: August 10, 2005 Subject: Amended Subrecipient Agreement Re: CDBG - FY 2004 - 2005 (City of Naples - Street Improvements) Attached is an original amended subrecipient agreement between Collier County and the City of Naples for CDBG funding in the amount of $125,000. This amended subrecipient agreement supersedes the one sent to you on 12.30 -04. The funds were used to provide streetlights on 13th and 14th street North in the River Park East subdivision. The original agreement was $137,000. The $12,000 difference between the two agreements will be carried forward into the 2005 -2006 agreement with the City of Naples. This was included in the County's Consolidated Plan One -Year Action Plan FY 2004 -2005 as approved by the BCC on April 13, 2004 - Resolution 2004 -112 - Item 8B. The account string for this grant is 121 - 138755-881400. 345101. Please call me at 659 -5770 if you have any questions. Thank you. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator - Administrative Services Division Gwen Butler, Operations Manager - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division � 1 AMENDED AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF NAPLES Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B- 04 -UC -12 -0016 THIS AGREEMENT, is entered into this -.714 day of J 1 20 DS, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as COUNTY „ , and the "City of Naples,” a municipal corporation in the State of Florida, having its principal office at 735 8th Street S, Naples, FL 34102, and its Federal Tax Identification number as 59- 6000382, hereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development 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 Fiscal Year 2004 -2005 Consolidated One -Year Action Plan was developed following the Collier County Consolidated Plan — Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 for the CDBG Program by Resolution on April 13, 2004, including the use of this standard form Agreement; and City of Naples Page 1 of 22 • 1 WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and The City of Naples desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the City of Naples to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) "County" means Collier County, and where applicable, its authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "FAH" means the Financial Administration and Housing Department of Collier County. (4) "SUBRECIPIENT" means the City of Naples (5) "FAH Approval" means the written approval of the FAH Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A ". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B" along with Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B- 04 -UC -12 -0016. The effective date shall be the latest amended date of execution of this Agreement, and the services of the City of Naples Page 2 of 22 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 August 1, 2005. Any funds not obligated by the expiration date of this Agreement shall be carried forward into the 2005 -2006 subrecipient agreement contingent on the successful completion of the project outlined in Scope of Service Exhibit "A ". IV. CONSIDERATION AND LIMITATION OF COSTS The SUB - RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $125,000 (ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS) for the amended services described in Exhibit "A." In the event the project costs exceed the stated amount, the SUBRECIPIENT shall be responsible for the excess. 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 improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the proj ect. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty -five (45) days of said official notification. City of Naples Page 3 of 22 • ■ • 1 B. COMPLIANCE WITH LOCAL AND FEDERAL RULES REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 City of Naples Page 4 of 22 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010, which describes the Davis -Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A -3. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti - Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A -102. This subpart includes 24 CFR 570.502. 26. OMB Circular A -133 - concerning annual audits. 27. OMB Circular A -122 - which identifies cost principles. 28. Section 109, Public Law 100 -202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A -110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non - Profit Organizations. 30. 24 CFR Part 85- OMB Circular A -102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. City of Naples Page 5 of 22 C. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the FAH Department or his designee. D. AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. E. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the County harmless and will indemnify the County for funds, which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. City of Naples Page 6 of 22 (• 1 F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH 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. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident /occurrence per Florida City of Naples Page 7 of 22 1! ■ ■ Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident /occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non -owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners a Political Subdivision of the State of Florida, its Officers Employees and Agents c/o Department of Financial Administration and Housing ". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. City of Naples Page 8 of 22 8B'4rl I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. VIII. ADMINISTRATIVE REQUIREMENTS FA I: 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. DOCUMENTATION AND RECORD - KEEPING I . The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the County by the SUBRECIPIENT at any time upon request by the County or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE /MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C ". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis - Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall 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. City of Naples Page 9 of 22 C C E F G 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, which are incorporated herein by reference. 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. ADDITIONAL FAH COUNTY AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the County, or HUD at any time. PRIOR WRITTEN APPROVALS - SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of $1,000 or more; (c) All out -of -town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); (d) All change orders over $2,000; and (e) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (f) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB City of Naples Page 10 of 22 Circulars A -110 (Uniform Administrative Requirement for Federal Grants), A -122 (Cost Principles for Non - Profit Organizations), A -133 (Audits of State, Local Governments, and Non - Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A -133 (Audits of State, Local Governments, and Non - Profit Organizations), the County reserves the right to require submission of audited financial statements and /or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A -133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. H. PROGRAM - GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAH. 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 FAH, and said plan shall require the prior written approval of the FAH Department or 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. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the City of Naples. Program Income shall be utilized to undertake activities specified in the One -Year Action Plan pertaining to the City of Naples project (s) and all provisions of this Agreement shall apply to said activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub - contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. City of Naples Page 11 of 22 IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower - income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ETNERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority /women -owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority /women- owned business enterprises shall be located in or owned by residents of the 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 through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to FAH, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the County. The City of Naples Page 12 of 22 [I7 SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the County or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). G. DRUG -FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 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, City of Naples Page 13 of 22 X. a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 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 the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and /or reduce the cost of said flood insurance. C. LEAD -BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD - assisted housing and require that all owners, prospective owners, and tenants of City of Naples Page 14 of 22 re-N-97 L As properties constructed prior to 1978 be properly notified that such properties may include lead - based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any 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 that was acquired or improved in whole or in part with CDBG funds in excess of Twenty -five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -two (22) 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. City of Naples Page 15 of 22 XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this d 7t -day of J�Izv , 2005 Approved as to form and legal sufficiency: ROBERT D. PRI T, CITY ATTORNEY ATTEST: BY:.'/ TARA A. NO IAN, CITY CLERK Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney TAMELA WISEMAN, VICE MAYOR COLLIER COUNTY, FLOVIDA IOSEPH K. SCHMITT, ADMINISTRATOR, COMMUNITY DEVELOPMENT& ENVIRONMENTAL SERVICES City of Naples Page 16 of 22 EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: 0 C. IC E PROJECT DESCRIPTION: The City of Naples proposes to allocate the CDBG funds towards one (1) public improvement projects. The public improvement project is installation of streetlights on 13`" and 14`" Street North in the River Park East subdivision. The estimated cost for 31 streetlights is $121,860. A total of $125,000 will be available for implementation and administration of this public improvement project. The difference between the allocation ($137,000) and the cost to implement this protect ($125,000) will be carried forward into the 2005 -2006 agreement ($12,000). PROJECT SCOPE: The purpose of this project is to benefit over 1,200 low - income residents in the Carver -River Park neighborhood. The SUBRECIPIENT further agrees that CCFAH, in consultation with any parties CCFAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. BUDGET: Line Item: CDBG Funds Other Streetlights $121,860 Administration/Implementation $3,140 Total $125,000 STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. MEASURABLE PERFORMANCE OUTCOMES: The SUBRECIPIENT shall complete the following documents to report program successes: The above documents will be made available to FAH staff for monitoring when requested. City of Naples Page 17 of 22 F. FORMER PROJECTS: Failure to adequately maintain any former CDBG /HOME funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG /HOME funds. G. WORK SCHEDULE: The time frame for completion of the outlined activities shall be August 1, 2005. Fifty per cent (50 %) of the funding must be expended by June 30, 2005. H. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed 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 C ". The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. City of Naples Page 18 of 22 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: City of f Naples Subrecipient Address: 735 Sch Street South Naples FL 34102 Project Name: City of Ngples Street Improvements Project No: CD 04 -01 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) 7. If applicable amount held as retainage to date by the County, if not retained by the sub - recipient. $ 125,000 I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Supervisor Date City of Naples Page 19 of 22 • A EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the 10th of the following month. Status Report for Month of Submittal Date: Project Name City of Naples Street Improvements Project Number CD 04 -01 Activity Number Subrecipient: City of Naples Contact Person Robin Sinter Telephone: 213-1041 Fax: 213 -1045 E -mail: rsinger a naplesg ov 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. New contracts executed this month (if applicable): City of Naples Page 20 of 22 • Orion Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on page 3) Ethnicity (see definitions on page 3) Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51 -80 %) Household 6. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). Enter the number of beneficiaries in the blank space and in box "1. " INCOME Of the households or persons assisted, are extremely low - income income (0 -30 %) of the current Median Family Income (MFI). Enter this number in box "2. " Of the households or persons assisted, are very low - income (31 -50 %) of the current Median Family Income (MFI). Enter this number in box "3. Of these households or persons assisted, are low income (51 -80 %) of the current Median Family Income (MFI). Enter this number in box "4. NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5 " below. BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51 -80 %) Household Assisted (0 -30 %) (31 -50 %) City of Naples Page 21 of 22 IL Definitions of Race: m 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African - American: A person having origins in any of the black racial groups of Africa. 3. 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. 4. 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. 5. 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: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and 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: City of Naples Page 22 of 22 • 1 e • l i Memorandum To: Patricia Morgan, Supervisor Clerk of Courts — Minutes and R rds From: Susan Alden — HUD Grant Analyst Date: December 8, 2005 Subject: Subrecipient Agreement Re: CDBG - FY 2004 — 2005 Attached please find the original subrecipient agreement between Collier County and Empowerment Alliance of Southwest Florida Community Development Corporation for CDBG funding in the amount of $50,000 toward vocational training for up to 50 teens and/or adults with incomes at or below 80% MR. The vocational training will occur in conjunction with existing resources in Immokalee. Students will attend classes to learn job skills, improve their skills and obtain better paying jobs. Training must result in certification. This was included in the County's Consolidated Plan One -Year Action Plan FY 2004.2005 as approved by the BCC on April 13, 2004 — Item 8B. The account string for this grant is 121. 138755. 882100. 345101. Please call me at 403.2339 if you have any questions. Thank you. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator - Administrative Services Division Gwen Butler, Operations Manager - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division AGREEMENT BETWEEN COLLIER COUNTY AND EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORTION Catalog of Federal Domestic Assistance ## 14.218 HUD Grant # B- 04 -UC -12 -0016 THIS AGREEMENT, is entered into this day of _/ 6e y-- 2005, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ", and the Empowerment Alliance of Southwest Florida Community Development Corporation, a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at 750 South Fifth Street, Immokalee, FL 34142, and its Federal Tax Identification number as 59- 3682139, hereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development 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 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 as described in the Consolidated Plan and Ore -Year Action Plan; and WHEREAS, the Fiscal Year 2004 -2005 Consolidated One -Year Action Plan was developed following the Collier County Consolidated Plan — Citizen Participation Plan, adopted can January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 for the CDBG Program by Empowerment Alliance of Southwest Florida Community Development Corporation Page 1 of 26 Vocational Training Program E'Tci Resolution on April 13, 2004, including the use of this standard form Agreement; and WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, COUNTY and Empowerment Alliance of Southwest Florida Community Development Corporation desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, COUNTY desires to engage Empowerment Alliance of Southwest Florida Community Development Corporation to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: DEFINITIONS (1) "County" means Collier County, and where applicable, it's authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "Housing & Grants" means the Housing and Grants Department of Collier County. (4) "SUBRECIPIENT" means Empowerment Alliance of Southwest Florida Community Development Corporation. (5) "Housing & Grants Approval" means the written approval of the Housing and Grants Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A ". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by Housing & Grants, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit `B" along with Exhibit "C," all of which are attached hereto and made a part hereof. Empowerment Alliance of Southwest Florida Community Development Corporation Page 2 of 26 Vocational Training Program III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B- 04 -UC -12 -0016. The effective date shall be the latest date of execution of this Agreement, and 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 August _ 1, 2006. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB - RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $50,000 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 improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to Housing & Grants at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in Housing & Grants Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by Housing & Grants. No payments will be made until approved by the Housing & Grants Department or designee. Empowerment Alliance of Southwest Florida Community Development Corporation Page 3 of 26 Vocational Training Program Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify Housing & Grants in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the Housing & Grants Department or designee within forty -five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. Empowerment Alliance of Southwest Florida Community Development Corporation Page 4 of 26 Vocational Training Program 9016TI6 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010, which describes the Davis -Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A -3. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 1 1246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti - Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A -102. This subpart includes 24 CFR 570.502. 26. OMB Circular A -133 - concerning annual audits. 27. OMB Circular A -122 - which identifies cost principles. 28. Section 109, Public Law 100 -202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. Empowerment Alliance of Southwest Florida Community Development Corporation Page 5 of 26 Vocational Training Program 29. 24 CFR Part 84 - OMB Circular A -110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non - Profit Organizations. 30. 24 CFR Part 85- OMB Circular A -102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. C. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to Housing & Grants for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the Housing & Grants Department or its designee. D. AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. E. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. Empowerment Alliance of Southwest Florida Community Development Corporation Page 6 of 26 Vocational Training Program • • IR SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the County harmless and will indemnify the County for funds, which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by HUD and the Housing & Grant's Department in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HUD and the Housing & Grant's Departments support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to Housing & Grants or the County. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the SUBRECIPIENT, and the County may withhold any payment to the SUBRECIPIENT for set -off purposes until such time as the exact amount of damages due to the County from the SUBRECIPIENT is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 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. Empowerment Alliance of Southwest Florida Community Development Corporation Page 7 of 26 Vocational Training Program W r • r H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. I. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident /occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident /occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non -owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees, and Agents, c/o Department of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Housing & Grants Department, reserves the Empowerment Alliance of Southwest Florida Community Development Corporation Page 8 of 26 Vocational Training Program • � r right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. VIII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A —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. B. DOCUMENTATION AND RECORD - KEEPING The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be retained on site and made available to the County by the SUBRECIPIENT at any time upon request by the County or Housing & Grants. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to Housing & Grants if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE /MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to Housing & Grants using Exhibit "C ". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis - Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Empowerment Alliance of Southwest Florida Community Development Corporation Page 9 of 26 Vocational Training Program a-lMon Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS AUDITS AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL HOUSING & GRANTS, COUNTY, AND HUD REQUIREMENTS Housing & Grants shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by Housing & Grants, the County, or HUD at any time. F. PRIOR WRITTEN APPROVALS - SUMMARY The following activities require the prior written approval of the Housing & Grants Department or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of $1,000 or more; (c) All out -of -town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); (d) All change orders; and (e) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (f) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as Housing & Grants, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to Housing & Grants, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. Empowerment Alliance of Southwest Florida Community Development Corporation Page 10 of 26 Vocational Training Program • The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A -110 (Uniform Administrative Requirement for Federal Grants), A -122 (Cost Principles for Non - Profit Organizations), A -133 (Audits of State, Local Governments, and Non - Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to Housing & Grants. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A -133 (Audits of State, Local Governments, and Non - Profit Organizations), the County reserves the right to require submission of audited financial statements and /or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A -133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. H. PROGRAM- GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to Housing & Grants. 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 Housing & Grants, and said plan shall require the prior written approval of the Housing & Grants Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A- t 10 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub - contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. Empowerment Alliance of Southwest Florida Community Development Corporation Page 11 of 26 Vocational Training Program • IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority /women -owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority /women- owned business enterprises shall be located in or owned by residents of the 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 through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to Housing & Grants upon Housing & Grant's request. D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that Housing & Grants will carry out periodic monitoring and evaluation activities as determined necessary by Housing & Grants or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to Empowerment Alliance of Southwest Florida Community Development Corporation Page 12 of 26 Vocational Training Program furnish upon request to Housing & Grants, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by Housing & Grants or the County. The SUBRECIPIENT shall, upon the request of Housing & Grants, submit information and status reports required by Housing & Grants, the County or HUD on forms approved by Housing & Grants to enable Housing & Grants to evaluate said progress and to allow for completion of reports required of Housing & Grants by HUD. The SUBRECIPIENT shall allow Housing & Grants or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by Housing & Grants or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to Housing & Grants provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). G. DRUG -FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: I. 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, Empowerment Alliance of Southwest Florida Community Development Corporation Page 13 of 26 Vocational Training Program amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. 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 the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds must adhere to the CDBG Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and /or reduce the cost of said flood insurance. Empowerment Alliance of Southwest Florida Community Development Corporation Page 14 of 26 Vocational Training Program ITT, C. LEAD -BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD - assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead - based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any 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 that was acquired or improved in whole or in part with CDBG funds will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-six (26) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. Empowerment Alliance of Southwest Florida Community Development Corporation Page 15 of 26 Vocational Training Program XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this day ofe -�� t �'�� -� , 2005. (SUBRECIPIENT SEAL) Approved as to form an leg suff ' ncy: Patrick 6-While Assistant County Attorney EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORATION IM COLLIER COUNTY, FLORIDA K. SCIMTT, ADMMISTRATOR, iNITY DEVELOPMENT & NMENTAL SERVICES Empowerment Alliance of Southwest Florida Community Development Corporation Page 16 of 26 Vocational Training Program EXHIBIT "A" SCOPE OF SERVICES I. THE SUBRECIPIENT AGREES TO: A. PROGRAM DESCRIPTION: EASF - VOCATIONAL TRAINING PROGRAM This project involves funding to coordinate, manage and implement a vocational training program in Immokalee for youth and adult. The program will serve up to 50 teens and/or adults with incomes at or below 80% MFI as established by the U.S. Department of Housing and Urban Development. The vocational training will occur in conjunction with existing resources in Immokalee including, but not limited to--- Workforce Development Board, Collier County Public Schools, IMMCAA, PACE Center for Girls, Coalition of Florida Farmwork Organizations (COFFO), Guadalupe Center, and other non- profit and government agencies. Students will attend classes to learn job skills, improve their skills and obtain better paying jobs. Training must result in certification. Vocational training will include, but not be limited to: Certified Nursing Assistant (CNA) Licensed Practical Nurse (LPN) Child Development Associate (CDA) Introduction to the Trades (construction industry) Construction Pre - Apprenticeship Administrative Office training *Note: New vocational training classes not previously identified will require pre- approval by Housing & Grants. The administration of this program shall be facilitated by the Empowerment Alliance of Southwest Florida (EASF) with a sub - contract with IMMCAA, PACE, and /or other agencies as approved by Housing & Grants prior to commencement of activity. The EASF program administrator will establish the policies and procedures for the operations of the vocational training program including the responsibilities of student participants and employers and shall submit to Housing & Grants staff prior to start of program for approval. Students may be assisted with tuition, books, uniforms, materials, not to exceed $1,600 per student. B. PROJECT SCOPE: Applicant Selection: 1. Legal Residents of Collier County. 2. Students may be teens or adults from the age of 15 and up. 3. The anticipated annual household income of the student shall be verified and shall not exceed the income limits mandated by the U.S. Department of Housing and Urban Development (HUD). EASF Program Administrator: 1. Shall secure and submit to Housing & Grants all subcontracts prior to activity commitment. 2. Will be responsible for program coordination amongst referring agencies and the training and/or educational providers. Empowerment Alliance of Southwest Florida Community Development Corporation Page 17 of 26 Vocational Training Program 3. EASF will be the fiscal agent for the $50,000 grant and contract with agencies to provide training and case management. 4. EASF will submit monthly progress reports to Housing & Grants by the l Och day of each month and all documentation for program reimbursement. 5. Monthly student status report (in training, employer, etc) 6. Shall secure all documentation (receipts, invoices, cancelled checks from subcontractor agencies to submit with request for payment). Agency Coordinator: 1. Coordinator shall process applications, determine eligibility, and assist student with enrollment in the appropriate training. 2. Coordinator shall provide case management services to the enrolled students. 3. Coordinator shall process and submit to EASF for reimbursement. 4. Coordinator shall submit a monthly report to EASF by the 5`h day of the month following the reporting month. The SUBRECIPIENT further agrees that Housing & Grants, in consultation with any parties Housing & Grants deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. BUDGET: Line Item: CDBG Funds Match Workforce/ Donations Vocational Training/Materials /Books /Tuition $45,000 Total assistance capped $1,600 per student Prep class for Licensure Childcare capped $80 per wk per student pd to licensed childcare provider Uniforms /medical equipment capped $150.00 per student Courses (six classes /$1,500) $ 9,000 Materials (steeled toed shoes, safety goggles, etc 1$50 per student) $ 7,500 Enrollment /Case Management cost $45.00 fee paid to partner agency per student $ 2,250 Fiscal Agent/EASF (Dottie Cook approximately 7 hrs per wk) $ 2,750 Job Coordinator $30,000 Workforce Development Board retain coordinator to place students Total Vocational Training Program $96,500 $50,000 $46,500 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to Empowerment Alliance of Southwest Florida Community Development Corporation Page 18 of 26 Vocational Training Program Housing & Grants, on behalf of the COUNTY, as the Grantee, for Housing & Grants approval, in a form specified by Housing & Grants. D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. Dottie Cook, 7 hours per week E. FORMER PROJECTS: Failure to adequately maintain any former CDBG /HOME funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG /HOME funds. F. WORK SCHEDULE: The time frame for completion of the outlined activities shall be August 1, 2006. Fifty (50 %) per cent of the funding must be expended by April 1, 2006. Task Start Date End Date Subcontract with service providers August 2005 October 30, 2005 Identify specialized training program needs August 2005 December 1, 2005 Enrollment /Screening of applicants August 2005 July 2006 Enroll students in training programs August 2005 July 2006 Training programs August 2005 August 2006 Expend 50% of CDBG funding Aril 1, 2006 Ex end 100% of CDBG funds Au st 1, 2006 *Note: A Pre -Award letter authorizing EASF to begin preparation of the pre - vocational training program went into effect on Monday, August 15, 2005. CDBG grant funds will be available on a reimbursement basis for vocational education expenses incurred as of August 15, 2005. F. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Housing & Grants Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for Housing & Grants approval of invoices, etc. for reimbursement. The reports shall be submitted by the 10`" day of the month following the reported month. Empowerment Alliance of Southwest Florida Community Development Corporation Page 19 of 26 Vocational Training Program Tmo PLEASE USE REQUEST FOR PAYMENT FORM BELOW FOR EXPENSES GREATER THAN $15,000 Empowerment Alliance of Southwest Florida Community Development Corporation Page 20 of 26 Vocational Training Program [I7 EXHIBIT "B" COLLIER COUNTY HOUSING AND GRANTS REQUEST FOR PAYMENT SECTION 1: REQUEST FOR PAYMENT Subrecipient Name: Empowerment Alliance of Southwest Florida (EASF) Subrecipient Address: 750 South Fifth Street Immokalee FL 34142 Project Name: Vocational Training Program Project No: CD04 -11 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) 7. If applicable amount held as retainage to date by the County, if not retained by the sub - recipient. $ $50,000 I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Supervisor Dept Director Date Empowerment Alliance of Southwest Florida Community Development Corporation Page 21 of 26 Vocational Training Program I r ji PLEASE USE REQUEST FOR PAYMENT FORM BELOW FOR EXPENSES LESS THAN $15,000 Empowerment Alliance of Southwest Florida Community Development Corporation Page 22 of 26 Vocational Training Program EXHIBIT "B" COLLIER COUNTY HOUSING AND GRANTS DEPARTMENT REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Empowerment Alliance of Southwest Florida (EASF) Subrecipient Address: 750 South Fifth Street Immokalee, FL 34142 Project Name: Vocational Training Program Project No: CD04 -11 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 4. 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 8. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) 9. If applicable amount held as retainage to date by the County, if not retained by the sub - recipient. $ $50,000 I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Supervisor Date Empowerment Alliance of Southwest Florida Community Development Corporation Page 23 of 26 Vocational Training Program 0 • 1 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing & Grants staff by the 10th of the following month. Status Report for Month of Submittal Date: Project Name Vocational Training Program Project Number CD04 -11 Activity Number Subrecipient: EASF Contact Person Dottie Cook Telephone: 658 -3315 Fax: 657 -3084 E -mail: easfRearthlink.net 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. Empowerment Alliance of Southwest Florida Community Development Corporation Page 24 of 26 Vocational Training Program T:: 5. Identify any potential issues that may cause delay. 6. New contracts executed this month (if applicable): Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on page 3) Ethnicity (see definitions on page 3) 7. 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 this number in box "5 " below. Empowerment Alliance of Southwest Florida Community Development Corporation Page 25 of 26 Vocational Training Program • o O 1 BOX I BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51 -80 %) Household Assisted (0 -30 %) (31 -50 %) American Indian/Alaska Native and White Asian and White Subrecipients must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African- American: A person having origins in any of the black racial groups of Africa. 3. 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. 4. 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. 5. 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: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and 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: Empowerment Alliance of Southwest Florida Community Development Corporation Page 26 of 26 Vocational Training Program .7� Memorandum To: Patricia Morgan, Supervisor Clerk of Courts — Minutes and Re rd From: Susan Alden, HUD Grant Analyst Date: June 30, 2006 Subject: SUBRECIPIENT AGREEMENT Re: HOME FY 2004 — 2005 — Big Cypress Housing Corporation — CHDO Reserve Attached is an original subrecipient agreement between Collier County and Big Cypress Housing Corporation for HOME funding (CHDO Reserve) toward development and construction of fifty (50) mull- family rental units to be used for legal migrant and legal seasonal famworker households. This was included in the County's Consolidated Plan One -Year Action Plan FY 2004.2005 as approved by the BCC on April 1, 2004 — Item 8B. The account string for this grant is 121. 138755. 882100. 345551. Please call me at 403.2339 if you have any questions. Thank you. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator - Administrative Services Division Joanne Markiewicz, Operations Manager - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division 4 AGREEMENT BETWEEN COLLIER COUNTY AND BIG CYPRESS HOUSING CORPORATION EDEN GARDENS PHASE I (51 Units) Catalog of Federal Domestic Assistance #14.239 HUD Grant # M- 04 -UC -12 -0016 THIS AGREEMENT, is entered into � day of e-- , 20 by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ", having it's principal address 3050 North Horseshoe Drive, Suite 110, Naples, FL 34104, hereinafter referred to as the Collier County Operational Support and Housing Department, Housing and Grants Section, and Big Cypress Housing Corporation, a private not - for- profit corporation existing under the laws of the State of Florida, having its principal office at 19308 SW 380`x' Street, Florida City, Florida 33034, and its Federal Tax Identification number as 65- 1067124 hereinafter referred to as the "SPONSOR," collectively the "Parties." WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program funds from the United States Department of Housing and Urban Development (HUD) as provided by the Cranston - Gonzalez National Affordable Housing Act, as amended ( "ACT "); and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 -2005 for the HOME Program by Resolution (2005 -157) on April 12, 2005; and WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2004 for the HOME Program and the use of the HOME funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SPONSOR desire to provide the activities specified in this Agreement, in accord with the approved One -Year Action Plan; and WHEREAS, the COUNTY desires to engage the SPONSOR to implement such undertakings of the HOME Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, including the Attachments, and subject to the terms and conditions hereinafter stated, the Parties hereto understand and agree as follows: Big Cypress Housing Corporation (51 Units) 2004 HOME CHDO Agreement Page 1 of 23 I - Definitions (1) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (2) HOME is hereby defined as the HOME Investment Partnerships Program as described in 24 CFR Part 92, under the authority of 42 U.S.C. 3535 (d) and 12701 - 12839. (3) "OSH" means the Operational and Support and Housing Department, Housing & Grants Section. (4) "SPONSOR" means the Big Cypress Housing Corporation. (5) "Housing & Grants Section Approval" means the written approval of the Operational Support and Housing Department, Housing & Grants Section or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Section III, Scope of Work. (9) "FEE" is hereby defined as the amount of money the COUNTY agrees to pay and the SPONSOR agrees to accept as payment in full for all the professional and technical services rendered pursuant to this Agreement to complete the WORK as further defined in Section III, Scope of Work, hereof. (10) "WORK" - is hereby defined as all the professional and technical services to be rendered or provided by the SPONSOR as described here. II — Term The SPONSOR expressly agrees to complete all work required by this agreement in accordance with the timetable set forth below. Milestone Deadline Submit for County permits 07/30/06 Finalize Plat 07/30/06 Execute Construction Contract 08/15/06 Obtain SDP & SWFMD approvals 09/01/06 Obtain County Building Permits 10/15/06 Close construction/ permanent financing sources 10/31/06 Start Construction 11/01/06 Construction 51 units complete 12/31/07 Lease up complete 02/28/08 Big Cypress Housing Corporation (51 Units) 2004 HOME CHDO Agreement Page 2 of 23 wal During this compliance period, the SPONSOR will assure continued compliance with HOME requirements of new construction for twenty 20) years. For rental units, this includes ongoing property standards, occupancy, and rent limits compliance. Timely completion of the work specified in this agreement is an integral and essential part of performance. The expenditure of HOME funds is subject to Federal deadlines and regulations and could result in the loss of the Federal funds. By the acceptance and execution of this agreement, it is understood and agreed by the SPONSOR that the PROJECT will be completed as expeditiously as possible and that the SPONSOR will make every effort to ensure that the project will proceed and will not be delayed. Failure to meet these deadlines can result in cancellation of this contract and the revocation of HOME funds. Since it is mutually agreed that time is of the essence as regards this Agreement, the SPONSOR shall cause appropriate provisions to be inserted in all contracts or subcontracts relative to the work tasks required by this agreement, in order to ensure that the PROJECT will be completed according to the timetable set forth. It is intended that such provisions inserted in any subcontracts be, to the fullest extent permitted by law and equity, binding for the benefit of the COUNTY and enforceable by the COUNTY against the SPONSOR and its successors and assigns to the project or any part thereof or any interest therein. In the event the SPONSOR is unable to meet the above schedule or complete the above services because of delays resulting from Acts of God, untimely review and approval by the COUNTY and other governmental authorities having jurisdiction over the PROJECT, or other delays that are not caused by the SPONSOR, the COUNTY shall grant a reasonable extension of time for completion of the WORK. It shall be the responsibility of the SPONSOR to notify the COUNTY promptly in writing whenever a delay is anticipated or experienced, and to inform the COUNTY of all facts and details related to the delay. The SPONSOR shall, in a satisfactory and proper manner, as determined by the Housing & Grants Section, perform the tasks necessary to conduct the program outlined in the Scope of Work and shall submit Monthly Progress Reports and request for reimbursement using Exhibit "A" and with Exhibit "B," all of which are attached hereto and made a part hereof. III — Scope of Work — Eden Gardens Phase 151 (50 -HOME) Units The SPONSOR, in close coordination with the COUNTY, shall perform all professional services (the "WORK ") necessary to complete the development of the following project in full compliance with the terms of this Agreement: The Big Cypress Housing Corporation will undertake the development and construction of fifty one (51150 HOME) multi family rental units to be used for legal migrant and legal seasonal farmworker households in accordance with the approved HOME agreement. These fifty -one /fifty (51150 HOME) rental units will be developed on approximately 20 acres in Immokalee, FL. Approximately 230 legal migrant and legal seasonal farmworkers may be housed in the fifty -one /fifty HOME multi family rental units. All fifty units are HOME fixed units. The remaining unit will be designated as the management unit. The project must contain at least 20% of the units (eleven -11), occupied by families at or below 50% of MFI and rents established at Low HOME Rent Level. Additionally, thirty-four 34) units must be occupied by households at or below 60% MFI and rents established at High or Low HOME Rent Levels. The remainin-g balance, six (6) units, must be occupied by households at or below 80% MFI and rents established at High or Low HOME Rent Levels. Big Cypress Housing Corporation (51 Units) 2004 HOME CHDO Agreement Page 3 of 23 . BUDGET: Eden Gardens Phase I -51/50 HOME Units Line Item: HOME Funds Other Total Construction 12,000 Architect Fees New Rental Units 138.500 $3,832,100 $3,832,100 Infrastructure 120,000 1,246, 500 1,246,500 Other 2,500 43,212 43,212 Building Permits /Impact Fees $200,000 300,000 500,000 Contingency c,5% 32,500 281,091 281,091 Subtotal Construction $200,000 $5,702,903 $5,902,903 Financial 4,000 Legal Fees Tax Credit Fees inc. FHFC Com. 125,000 $ 80,000 $ 80,000 Fees & Closing Costs 8,000 95,000 95,000 Interest during construction 15,000 218,000 218,000 Subtotal Financial $ 0 $393,000 $393,000 General Development Costs (Soft) Accounting Fees $ 32,000 $ 32,000 Appraisal 12,000 12,000 Architect Fees 138.500 138.500 Builders Risk Insurance 120,000 120,000 Construction Cost Analysis 2,500 2,500 Engineering Fees & Platting 85.000 85.000 Environmental Fees 32,500 32,500 Inspection Fees 48,000 48,000 Insurance 4,000 4,000 Legal Fees 125,000 125,000 Market Study 8,000 8,000 Marketing & Advertising 15,000 15,000 Soil Test Report 6,000 6,000 Survey 10,00 10,00 Utility Connections 38,000 38,000 Contingency G5% 33,825 33,825 Subtotal General Dev Costs $ 0 $ 710,325 $ 710,325 Subtotal Dev Costs $200,000 $ 6,806,228 $7,006,228 Developers Fee cu 16% $ 0 86,488* 86,488* Land Right of Way, Common Area $ 0 40,000 40,000 Total Development Budget $200,000 $ 6,932,716 $ 7,132,716 *Balance of Developers Fee deferred or not earned at current budget The SPONSOR will provide a specific working budget and realistic timetable as relates to all HOME and non -HOME funds and shall be submitted within twenty (20) days of the agreement approval. Big Cypress Housing Corporation (51 Units) 2004 HOME CHDO Agreement Page 4 of 23 ii IV — Reimbursement of Expenses & Fees A. The SPONSOR shall be paid by the COUNTY for allowable costs determined by the COUNTY, in an amount not to exceed TWO HUNDRED THOUSAND DOLLARS ($200,000.00) for implementation and completion of this fifty one /fifty (51/50 HOME) unit rental housing development and construction activity. B. Project expenses shall be paid based on a reimbursement basis for actual expenses incurred and paid. Requests for payment must be submitted by the SPONSOR by the 30`h of each month on forms specified by the COUNTY, with adequate and proper documentation as defined by HOME Program Regulations, of eligible costs incurred in compliance with 24 CFR92.206 and necessary for HUD Integrated Disbursement Information System (IDIS) disbursement requirements. Assuming no extenuating circumstances, project expenses will then be reimbursed to the Sponsor within 21 working days in accordance with State and County policy. All such expenses shall be in conformance with the approved project budget. Budget revision and approval shall be required prior to payment of any expenses not conforming to the approved project budget. C. The COUNTY reserves the right to inspect records and project sites to determine that reimbursement and compensation requests are reasonable. The COUNTY also reserves the right to hold payment until adequate documentation has been provided and reviewed, but such payments shall not be arbitrarily nor unreasonably withheld if adequate documentation as defined by HOME regulations is provided. D. The SPONSOR may submit a final invoice upon completion with a letter requesting closeout of the project. Final payment shall be made after the COUNTY has determined that all services have been rendered, files and documentation delivered, and units have been placed in service in full compliance with HOME regulations, including submission of a completion report and documentation of eligible occupancy, property standards and applicable restrictions. Said determination shall be made within reasonable time, but no later than forty -five (45) days after the Sponsor has submitted its final invoice. E. The COUNTY shall have the right to review and audit all records of the SPONSOR pertaining to any payment by the COUNTY. Said records shall be maintained for a period of five years after completion. V — Proiect Requirements The SPONSOR agrees to comply with all requirements of the HOME Program as stated in 24 CFR Part 92, including but not limited to the following. A. For all activities except predevelopment, no HOME project funds will be advanced, and no costs can be incurred, until the COUNTY has conducted an environmental review of the proposed project site as required under 24 CFR 58. The environmental review may result in a decision to proceed with, modify or cancel the grant assistance. Notwithstanding any provision of this Agreement, the Parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of Big Cypress Housing Corporation (51 Units) 2004 HOME CHDO Agreement Page 5 of 23 funds or approval may occur only upon satisfactory completion of environmental review and receipt by the COUNTY of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR 58. The HOME funds advanced to the PROJECT will be secured by lease agreements and deposit agreements. B. The SPONSOR will ensure that any expenditure of HOME funds will be in compliance with the requirements at 24 CFR 92.206, and acknowledges that HOME funds will only be provided as reimbursement for eligible costs incurred, including actual expenditures or invoices for work completed. C. The designated HOME - assisted units of this PROJECT will meet the affordability requirements as found in 24 CFR 92.252 (rental housing). The SPONSOR shall collect and maintain Project beneficiary information pertaining to household size, income levels, racial characteristics, and the presence of Female Headed Households in order to determine low and moderate - income benefit in a cumulative and individual manner. Income documentation shall be in a form consistent with HOME requirements as stated in the HUD Technical Guide for Determining Income and Allowances Under the HOME Program. Source documentation must be obtained and verified for Initial Income Eligibility. The HOME program requires tenant income certification to ensure that they are income- eligible and the project is in compliance with initial occupancy requirements. Tenant Income MUST be re- examined annually, and submitted to Housing and Grants. Every 61h year, source documents MUST obtained and submitted to Housing and Grants. D. In the selection of occupants for PROJECT units, the SPONSOR shall comply with all non- discrimination requirements of 24 CFR 92.350. Such procedures are subject to approval of THE HOUSING & GRANTS SECTION. The SPONSOR will implement affirmative marketing procedures as required by 24 CFR 92.351. Such procedures are subject to approval of the Housing & Grants Section. E. The SPONSOR shall assure compliance with 24 CFR 92.251 as relates to Property Standards and Housing Quality Standards (HQS), Accessibility Standards under 24 CFR 92.251(a)(3) as applicable, and Lead Based Paint Requirements as found in 24 CFR 92.355 and 24 CFR Part 35. F. The SPONSOR shall provide documentation approved by the Housing & Grants Section regarding match for purposes of the HOME program, prior to close out. G. The SPONSOR will be monitored by the Housing & Grants Section for compliance with the regulations of 24 CFR 92 for the compliance period specified above. The SPONSOR will provide reports and access to project files as requested by the Housing & Grants Section during the PROJECT and for Five (5) years after completion and closeout of the AGREEMENT. Project records must be maintained on site. Big Cypress Housing Corporation (51 Units) 2004 HOME CHDO Agreement Page 6 of 23 VI — Repayment A. All HOME funds are subject to repayment in the event the PROJECT does not meet the Project goal related to the development and construction of housing. B. Upon the completion of the PROJECT, any HOME funds reserved but not expended under this Agreement will revert to the COUNTY within thirty (30) days. VII — Procurement Standards The SPONSOR shall establish procurement procedures to ensure that materials and services are obtained in a cost - effective manner. When procuring for services to be provided under this agreement, the SPONSOR shall comply at a minimum with the nonprofit procurement standards at 24 CFR 84.40 - .48. In addition, the following requirements are imposed on any procurement under this PROJECT: Comply with Collier County Purchasing Ordinance # 87 -25, amended by Resolution #97 -435, as may be amended, which will be provided to the SPONSOR. In addition, any SPONSOR that can be considered to be a religious organization shall abide by all portions of 24 CFR 92.257. VIII — Conflict of Interest Provisions HOME conflict of interest provisions, as stated in 24 CFR 92.356(f), apply to the award of any contracts under this Agreement and the selection of tenant households to occupy HOME - assisted units. SPONSOR must comply with 24 CFR Parts 84 and 85. The SPONSOR must request exceptions and THE HOUSING & GRANTS SECTION grants exceptions as permitted by regulation. In addition, the COUNTY also has elected to apply the conflict of interest provisions in 24 CFR 92.356(b) — (e) to this project. Therefore, the award of contracts and the award of anY unit benefits to covered parties of the SPONSOR are subject to prior disclosure by the SPONSOR and an exception from the COUNTY as outlined in 24 CFR 92.356(d) — (e). The SPONSOR warrants and covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of its services hereunder. The SPONSOR further warrants and covenants that in the performance of this Agreement, no person having such interest shall be employed. No member or Delegate to the Congress of the United States shall be permitted to any share or part of this Agreement or any benefit to raise herefrom. No member, officer or employee of the COUNTY; or its designees, or agents; or member of the Board of County Commissioners of the Collier County; and no other public official of the COUNTY who exercises any functions or responsibilities with respect to the program during his tenure or for one (1) year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed under this Agreement. Big Cypress Housing Corporation (51 Units) 2004 HOME CHDO Agreement Page 7 of 23 IX — COUNTY Responsibilities The COUNTY shall furnish the SPONSOR with the following services and information from existing COUNTY records and COUNTY files: A. The COUNTY shall provide to the SPONSOR information regarding its requirements for the PROJECT. B. The COUNTY will provide the SPONSOR with any changes in HOME regulations or program limits that affect the project, including but not limited to income limits, property value limits and rent limits. C. The COUNTY will conduct progress monitoring to protect its interests as lender and regulatory authority for the project, and will provide information to the SPONSOR regarding any progress inspections or monitoring to assist it in ensuring compliance. The COUNTY's review and approval of the WORK will relate only to overall compliance with the general requirements of this Agreement and HOME regulations, and all COUNTY regulations and ordinances. Nothing contained herein shall relieve the SPONSOR of any responsibility as provided under this Agreement. X — Equal Employment Opportunity During the performance of this contract, the SPONSOR agrees as follows: A. The SPONSOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin(s). The SPONSOR will take affirmative action to ensure the applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin(s). Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The SPONSOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer of the COUNTY setting forth the provisions of this nondiscrimination clause. B. The SPONSOR will, in all solicitations or advertisements for employees placed by or on behalf of the SPONSOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The SPONSOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the COUNTY's contracting officer, advising the labor union or worker's representative of the SPONSOR's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Big Cypress Housing Corporation (51 Units) 2004 HOME CHDO Agreement Page 8 of 23 D. The SPONSOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. E. The SPONSOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the COUNTY and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and order. F. In the event the SPONSOR is found to be in noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the SPONSOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965 or by rule, regulations, or order of the Secretary of Labor or as otherwise provided by law. G. The SPONSOR will include the provisions of paragraphs (a) through (g) of this agreement in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The SPONSOR will take such action with respect to any subcontract or purchase order as the COUNTY may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the SPONSOR becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the COUNTY, the SPONSOR may request the United States to enter into such litigation to protect the interest of the United States. XI — Labor, Training & Business Opportunity The SPONSOR agrees to comply with the federal regulations governing training, employment and business opportunities as follows: A. It is agreed that the WORK to be performed under this Agreement is on a project assisted under a program providing direct Federal financial assistance from the US Department of Housing and Urban Development 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 u, as well as any and all applicable amendments thereto. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given low and moderate income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the project area. B. The SPONSOR shall comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 Code of Federal Regulations and all applicable rules and orders of the U.S. Department of Housing and Urban Development issued thereunder as well as any and all applicable amendments thereto prior to the execution of this contract as well as during the term of this Agreement. The SPONSOR certifies and agrees that it is under no contractual or other disability, which would prevent it from complying with these requirements as well as any and all applicable amendments thereto. Big Cypress Housing Corporation (51 Units) 2004 HOME CHDO Agreement Page 9 of 23 C. The SPONSOR will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the COUNTY, take appropriate action pursuant to the subcontractor upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, in 24 Code of Federal Regulations. The SPONSOR will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 code of Federal Regulations and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with these requirements as well as with any and all applicable amendments thereto. D. Compliance with the provisions of Section 3, the regulations set forth in 24 Code of Federal Regulations and all applicable rules and orders of Housing and Urban Development issued thereunder prior to the execution of the contract shall be a condition precedent to federal financial assistance being provided to the PROJECT as well as a continuing condition, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the SPONSOR or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by 24 Code of Federal Regulations as well as with any and all applicable amendments thereto. XII — Compliance with Federal, State & Local Laws The SPONSOR covenants and warrants that it will comply with all applicable laws, ordinances, codes, rules and regulations of the state local and federal governments, and all amendments thereto, including, but not limited to; Title 8 of the Civil Rights Act of 1968 PL.90 -284; Executive Order 11063 on Equal Opportunity and Housing Section 3 of the Housing and Urban Development Act of 968; Housing and Community Development Act of 1974, as well as all requirements set forth in 24 CFR 92 of the HOME INVESTMENT PARTNERSHIPS PROGRAM. The SPONSOR covenants and warrants that it will indemnify and hold the County forever free and harmless with respect to any and all damages whether directly or indirectly arising out of the provisions and maintenance of this contract. The SPONSOR agrees to comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). The SPONSOR further warrants and agrees to include or cause to be included the criteria and requirements of this section in every non - exempt subcontract in excess of $100,000. The SPONSOR also agrees to take such action as the federal, state or local government may direct to enforce aforesaid provisions. As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SPONSOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). Big Cypress Housing Corporation (51 Units) 2004 HOME CHDO Agreement Page 10 of 23 XIII — Suspension & Termination In accordance with 24 CFR 85.43, suspension or termination may occur if the SPONSOR materially fails to comply with any term of the award, and that the award may be terminated for convenience in accordance with 24 CFR 85.44. If, through any cause, the SPONSOR shall fail to fulfill in timely and proper manner its obligations under this contract, or if the SPONSOR shall violate any of the covenants, agreements, or stipulations of this contract, the COUNTY shall thereupon have the right to terminate this contract by giving written notice to the SPONSOR of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, the SPONSOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder to the date of said termination. Notwithstanding the above, the SPONSOR 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 SPONSOR and the COUNTY may withhold any payments to the SPONSOR for the purpose of setoff until such time as the exact amount of damages due the COUNTY from the SPONSOR is determined whether by court of competent jurisdiction or otherwise. XIV — Termination for Convenience of the COUNTY The COUNTY may terminate for its convenience this contract at any time by giving at least thirty (30) days notice in writing to the SPONSOR. If the contract is terminated by the COUNTY, as provided herein, the County will reimburse for any actual and approved expenses incurred, including those costs involved in terminating the contracts and shutting down the work as of the date of notice, and the SPONSOR will be paid as a FEE an amount which bears the same ratio to the total compensation as the services actually performed bear to the total service of the SPONSOR covered by this contract, less payments of compensation previously made. Claims and disputes between the Parties will be submitted to the American Arbitration Association for resolution. Award or judgment maybe entered in any court having jurisdiction thereof. XV — Default -Loss of Grant Funds If the SPONSOR fails in any manner to fully perform and carry out any of the terms, covenants, and conditions of the agreement, and more particularly if the SPONSOR refuses or fails to proceed with the work with such diligence as will insure its completion within the time set forth in this Agreement, the SPONSOR shall be in default and notice in writing shall be given to the SPONSOR of such default by the COUNTY or an agent of the COUNTY. If the SPONSOR fails to cure such default within such time as may be required by such notice, the COUNTY, acting by and through the Housing & Grants Section, may at its option terminate and cancel the Agreement. In the event of such termination, all grant funds awarded to the SPONSOR pursuant to this Agreement shall be immediately revoked and any approvals related to the PROJECT shall immediately be deemed revoked and canceled. In such event, the SPONSOR will no longer be entitled to receive any compensation for work undertaken after the date of the termination of this Agreement, as the grant funds will no longer be available for this project. Big Cypress Housing Corporation (51 Units) 2004 HOME CHDO Agreement Page 11 of 23 i Such termination shall not effect or terminate any of the rights of the COUNTY as against the SPONSOR then existing, or which may thereafter accrue because of such default, and the foregoing provision shall be in addition to all other rights and remedies available to the COUNTY under the law and the note and mortgage (if in effect), including but not limited to compelling the SPONSOR to complete the project in accordance with the terms of this Agreement, in a court of equity. The waiver of a breach of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant, or condition hereof. XVI — Reporting Responsibilities The SPONSOR agrees to submit any and all detailed monthly progress reports required by the Housing & Grants Section outlining the status of specific activities under the project. Each report must account for the total activity for which the SPONSOR is reimbursed with HOME funds, in part or in whole, and which is required in fulfillment of their obligation regarding the project. The progress reports shall be used as an additional basis for the Housing & Grants Section approval of invoice, etc. for reimbursement. The form must be completed for the past month and submitted to the Housing & Grants Section staff by the 10`x' of the following month. If the SPONSOR has not submitted a report fourteen (14) days after the monthly report due date, the COUNTY will have the option to terminate the contract as described in this Agreement. In addition, the SPONSOR agrees to provide the Housing & Grants Section information as required to determine program eligibility, in meeting national objectives, and financial records pertinent to the project. Reporting requirements are included as ATTACHMENT A. XVII — Inspection, Monitorine & Access to Records The COUNTY reserves the right to inspect, monitors, and observe work and services performed by the SPONSOR at any and all reasonable times. The COUNTY reserves the right to audit the records of the SPONSOR any time during the performance of this Agreement and for a period of five years after final payment is made under this Agreement. If required, the SPONSOR will provide the Housing & Grants Section with a certified audit of the SPONSOR's records representing the Fiscal Year during which the PROJECT becomes complete whenever the amount listed in SECTION VII is at or exceeds $300,000, pursuant to the requirements of OMB Circular A -133. Access shall be immediately granted to the COUNTY, HUD, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the SPONSOR or its contractors which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. Records shall be maintained on the premises. Big Cypress Housing Corporation (51 Units) 2004 HOME CHDO Agreement Page 12 of 23 XVIII — General Conditions A. All notices required to be given under this Agreement shall be sufficient when delivered to the Housing & Grants Section at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the SPONSOR when delivered to its office at the address listed on page one (1) of this Agreement. B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. D. No waiver or breach of any provision of this Agreement shall constitute a waiver of a subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. E. The Parties hereto agree that this Agreement shall be construed and enforced according to the laws of the State of Florida. F. Should any provisions, paragraphs, sentences, words or phases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the Collier County, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. G. The SPONSOR shall comply with the provisions of the Copeland Anti - Kick -Back Act (18 U.S.C. 874) as supplemented in the Labor Regulations (29 CFR Part 3), as amended. H. The SPONSOR shall comply with the provisions of sections 103 and 107 of the Contract Work Hours and Safety Standard Act (40 U.S.C. 327 -330) as supplemented by Labor regulations (29 CFR, Part 5), as amended. I. The SPONSOR further warrants and agrees to include or cause to be included the criteria and requirements of paragraphs (G) through (H) of this section in every nonexempt subcontract. The SPONSOR also agrees to take such action as the federal, state or local government may direct to enforce aforesaid provisions. J. The obligations undertaken by SPONSOR pursuant to this Agreement shall not be delegated or assigned to any other person or agency unless COUNTY shall first consent to the performance or assignment of such service or any part thereof by another person or agency. K. The Agreement shall be binding upon the Parties hereto, their heirs, executors, legal representative, successors and assigns. L. SPONSOR shall indemnify and save COUNTY harmless from and against any negligent claims, Big Cypress Housing Corporation (51 Units) 2004 HOME CHDO Agreement Page 13 of 23 liabilities, losses and causes of action which may arise out of SPONSOR's activities under this Agreement, including all other acts or omissions to act on the part of SPONSOR, including any person acting for or on its behalf, and, from and against any orders, judgments, or decrees which may be entered and from and against all costs, attorneys fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. M. SPONSOR and its employees and agents shall be deemed to be independent contractors, and not agents or employees of the COUNTY, and shall not attain any rights or benefits under the civil service or pension ordinances of the COUNTY, or any rights generally afforded classified or unclassified employee; further they shall not be deemed entitled to state Compensation benefits as an employee of the COUNTY. N. Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and /or change in regulations. O. Notwithstanding any other provision of this Agreement, the Parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by Collier County Housing & Grants Section of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58. The Parties further agree that the provision of any funds to the project is conditioned on the Collier County Housing & Grants Section's determination to proceed with, modify, or cancel the project based on the results of an environmental review, or a lack of HUD HOME funding for the fifty one units. P. This Agreement is conditional in that it prohibits the SPONSOR from undertaking or committing any funds to physical or choice - limiting actions, including construction, prior to the environmental clearance and written notification from Collier County Housing & Grants Section to proceed with this fifty one (5 1) unit HOME construction activity. A violation of this provision may result in the COUNTY not providing any funding under this Agreement. Big Cypress Housing Corporation (51 Units) 2004 HOME CHDO Agreement Page 14 of 23 XVIX — Entire Understanding This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this O day of �� , 2006. BIG CYPRESS HOUSING CORPORATION EDEN GARDENS PHASE 151 Units (SUBRECIPIENT SEAL) (Optional) BY: ATT . r. N,a DW, IOHT E. BR,, , CLERK BAS %- �% ti "' VV `'4'° D 'Clerk COLLIER COUNTY, FLORIDA BY: ' Jeff lat ow J EPH K. SCHMITT, ADMfKISTRATOR Assi tan unty Attorney MMUNITY DEVELOPMENT & (�NVIRONMENTAL SERVICES Big Cypress Housing Corporation (51 Units) 2004 HOME CHDO Agreement Page 15 of 23 "ATTACHMENT A" HOME MONTHLY PROGRESS REPORT Complete form for past month and submit to THE HOUSING & GRANTS SECTION staff by the 10`x` of the following month. Status Report for Month of Submittal Date: Project Name Eden Gardens Phase I -51/50 HOME Units) Project Number HM04 -02 Activity Number Sponsor: Big Cypress Housing Corporation Contact Person Steve Kirk President Telephone: 305- 242 -2142 Fax: 305- 242 -2143 E -mail: kirknetLuyahoo.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. Big Cypress Housing Corporation (51 Units) 2004 HOME CHDO Agreement Page 16 of 23 5. What events /actions are scheduled for the next two months? 6. 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. 7. List any additional data relevant to the outcome measures listed on the application for this project. 8. New leases executed this month (if applicable): Name of Applicant I Address & # of Unit I High/Low Rent 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 chart below for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by households served. Big Cypress Housing Corporation (51 Units) 2004 HOME CHDO Agreement Page 17 of 23 TOTAL BENEFICIARIES This project benefits households. Enter the number of beneficiaries in the blank space and in box "1. " INCOME Of the households assisted, are very low - income income (0 -50 %) of the current Median Family Income (MFI). Enter this number in box "2. " Of the households assisted, are low - income (51 -60 %) of the current Median Family Income (MFI). Enter this number in box "3. " Of these households assisted, are low income (61 -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 this number in box "5" below. BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Very Households Low Income Low Income Low Income Female Head of Assisted (0 -50 %) (51 -60 %) (61 -80 %) Household Sponsor must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African - American: A person having origins in any of the black racial groups of Africa. 3. 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. Big Cypress Housing Corporation (51 Units) 2004 HOME CHDO Agreement Page 18 of 23 r' 4. 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. 5. 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: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and 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: Big Cypress Housing Corporation (51 Units) 2004 HOME CHDO Agreement Page 19 of 23 • it PLEASE USE REQUEST FOR PAYMENT FORM BELOW FOR EXPENSES GREATER THAN $15,000 Big Cypress Housing Corporation (51 Units) 2004 HOME CHDO Agreement Page 20 of 23 i �.. EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION I: REOUEST FOR PAYMENT Subrecipient Name: Big Cypress Housing Corporation Subrecipient Address: 19308 SW 380`h Street, P O Box 343529, Florida City, FL 33034 Project Name: Eden Gardens Phase 151150 HOME Units Project No: HM04 -02 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) 7. If applicable amount held as retainage to date by the County, if not retained by the sub - recipient. $ 200,000 I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Supervisor Dept Director Date Big Cypress Housing Corporation (51 Units) 2004 HOME CHDO Agreement Page 21 of 23 PLEASE USE REQUEST FOR PAYMENT FORM BELOW FOR EXPENSES LESS THAN $15,000 (No Director_ Signature Line on Bottom of Page) Big Cypress Housing Corporation (51 Units) 2004 HOME CHDO Agreement Page 22 of 23 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Big Cypress Housing, Corporation Subrecipient Address: 19308 SW 380`x' Street P O Box 343529 Florida City FL 33034 Project Name: Eden Gardens Phase I HOME 51 Units Project No: HM04- Payment Request # Dollar Amount Requested: SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 4. 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 8. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) 9. If applicable amount held as retainage to date by the County, if not retained by the sub - recipient. $ 200,000 I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Supervisor Big Cypress Housing Corporation (51 Units) 2004 HOME CHDO Agreement Date Page 23 of 23 0 0 0 :oi ORDINANCE NO. 04 — AN ORDINANCE OF THE BOARD OF COU NTY COMMISSIONERS AMENDING ORDINANCE NUMBER 91- 102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 0614S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 951) 1/4 MILE NORTH OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" RURAL AGRICULTURAL TO "C -3 "; PROVIDING FOR STIPULATIONS; AND PROVIDING AN EFFECTIVE DATE. 8C 4g WHEREAS, Terrance Kepple, of Kepple Engineering, Incorporated, representing Amerisite LLC, in Petition RZ- 2003 -AR -3973, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COLLIER COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A ", attached hereto and incorporated by reference herein, and located on the east side of Collier Boulevard (C.R. 951) 1 /4t mile north of Rattlesnake Hammock Road (C.R. 864) in Section 14, Township 50 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "C -3" Commercial Intermediate District, and the Official Zoning Atlas Map numbered 0614S, as described in Ordinance 91 -102, as amended, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. Page 1 of 2 PASSED AND DULY ADOPTED b 8 C y the Board of County Commissioners of Collier unty, Florida, this day of , 2004. ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to Form and Legal Sufficiency: 'i 9 , wmly� Patrick G. White Assistant County Attorney RZ- 2003- AR- 3937/KD /sp Exhibit: A: Legal Description BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN Page 2 of 2 SOUTH 1/2 OF THE SOUTH 1/20F THE NORTHWEST 1/40F THE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORDIA LESS THE RIGHT OF WAY. RZ- 2003 -AR -3973 EXHIBIT A Ir8 C "i February 11, 2004 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: RZ- 2003 -AR -3973 Dear Georgia: Please advertise the above referenced notice on Sunday, March 28, 2004, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. /Account # 113 - 138312 - 649110 01, 8 C I NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, APRIL 13, 2004, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS, AMENDING ORDINANCE NUMBER 91 -102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 06145 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (C.R.951) 1/. MILE NORTH OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" RURAL AGRICULTURAL TO "C -3 "j PROVIDING FOR STIPULATIONSy AND PROVIDING AN EFFECTIVE DATE. Petition RZ- 2003 -AR -3973, Amerisite LLC, represented by Terrance Kepple of Kepple Engineering, Inc., requesting a rezone from the "A" Rural Agricultural zoning district to the "C -3" zoning district, for property located at Collier Boulevard (east side) 1/. mile N of Rattlesnake Hammock Road, in Section 14, Township 50 South, Range 26 East, Collier County, Florida, consisting of 9.24 acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to record of the proceedings to ensure that a verbatim record includes the testis based. 8 , appeal a decision of C the Board will need al pertaining thereto and therefore, may need record of the proceedings is made, which nony and evidence upon which the appeal is BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Ann Jennejohn, Deputy Clerk (SEAL) C04ntV of Collier CLERK OF THE CIRCUIT COURT 8C Dwight E. Brock COLLIER COUNTY COURTPIOUSE Clerk of Courts 3301 TAMIAMI T>ZAIL EAST Clerk of Courts P.O. BOX 41~044 Accountant NAPLES, FLORIDA",3,4101 -3044 Auditor Custodian of County Funds February 11, 2004 Amerisite LLC 3295 Ft. Charles Drive Naples, FL 34102 Re: Notice of Public Hearing to consider Petition RZ- 2003 -AR -3973, Amerisite LLC Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 13, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 28, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 'L Z Ann Jen john, DeFuty Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.Mus Email: collierclerkna clerk collier.fl.us COLLIER COUNTY FLORIDA C "' REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement O Other: (Display Adv., location, etc.) ** w* w**, r** w********.* rr*******, r****, r*, r* r►*********, rtr, r*«* w, r******,►, r** * * « * * * * * * * *,r *rr,► * * « * * * * * * * * ** Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Kay Deselem Date: Petition No. (If none, give brief description): RZ -200" AR -3973, Amerisite LLC Petitioner: (Name & Address): Terrance Kepple, Kepple Engineering, Inc., 3806 Exchange Ave., Naples, FL 34104 Name & Address of any person(s) to be notified by Clerk's Office: Amerisite LLC, 3295 Ft. Charles Dr., Naples, FL 34102 Hearing before D BCC /O BZA D Other Requested Hearing date:_. — .. !1 1 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News D Other O Legally Required Proposed Text: PETITION RZ- 2003 -AR -3973. Amerisite LLC, represented by Terrance Kepple of Kepple Engineering, Inc., requesting a rezone from the "A" Rural Agricultural zoning district to the "C -3" zoning district, for property located at Collier Boulevard (east side) '/. mile N of Rattlesnake Hammock Road, in Section 14, Township 50 South, Range 26 East, Collier County, Florida, consisting of 9.24 acres. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? D Yes D No If Yes, what account should be charged for advertising costs: 113- 138312 - 649110 Reviewed by: Approved by: 12109104 epartment Head Date County Manager Date a List Attachments: DISTRIBUTION INSTRUCONS r, A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: 4 D County Manager agenda file: to D Requesting Division D Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received:I Date of Public hearing:_ Date Advertised: a a I Co~nnty of Collier CLERK OF THE CIRCUIT COURT 8� COLLIER COUNTY COURT OUSE Dwight E. Brock 3301 TAMIAMI TRAIL EAST Clerk of Courts Clerk of Courts P.O. BOX 41, '1044 Accountant NAPLES, FLORIDA 3,4101-3044 Auditor Custodian of County Funds February 11, 2004 Terrance•Kepple Kepple Engineering, Inc. 3806 Exchange Avenue Naples, FL 34104 Re: Notice of Public Hearing to consider Petition RZ- 2003 -AR -3973, Amerisite LLC Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 13, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 28, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jenne ohn, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk (&clerk.collier.fl.us Ann P. Jenneiohn To: Subject: Georgia (E -mail) RZ- 2003 -AR -3973 Amerisite LLC Georgia, Please advertise the attached on Sunday, March 28, 2004. Thank you Ann Minutes & Records W RZ- 2003 -AR -3973. doc RZ- 2003 -AR -3973. doc Ann P Jennejohn 8� From: postmaster @clerk.colIier.fl.us Sent: Wednesday, February 11, 2004 4:14 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) l M-M ATT551896.txt RZ- 2003 -AR -3973 Amerisite LLC This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 1 Ann P Jennejohn From: System Administrator [postmaster @naplesnews.com] Sent: Wednesday, February 11, 2004 4:16 PM To: Ann P. Jennejohn Subject: Delivered: RZ- 2003 -AR -3973 Amerisite LLC LI RZ- 2003 -AR -3973 Amerisite LLC «RZ- 2003 -AR -3973 Amerisite LLC >> Your message To: Georgia (E -mail) Subject: RZ- 2003 -AR -3973 Amerisite LLC Sent: Wed, 11 Feb 2004 16:13:05 -0500 was delivered to the following recipient(s): legals on Wed, 11 Feb 2004 16:16:24 -0500 1 RZ- 2003 -AR -3973 Amerisite LLC 8C '1 Ann P. Jennejohn From: legals [legals @naplesnews.com] Sent: Thursday, February 12, 2004 10:51 AM To: Ann P. Jennejohn Subject: RE: RZ- 2003 -AR -3973 Amerisite LLC rcvd to run march 27 thanks georgia - - - -- Original Message---- - From: Ann P. Jennejohn [mailto: Ann .Jennejohn @clerk.collier.fl.us] Sent: Wednesday, February 11, 2004 4:13 PM To: Georgia (E -mail) Subject: RZ- 2003 -AR -3973 Amerisite LLC Georgia, Please advertise the attached on Sunday, March 28, 2004. Thank you Ann Minutes & Records 2/12/2004 <<RZ- 2003- AR- 3973.doc>> <<RZ- 2003- AR- 3973.doc>> Page 1 of 1 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper 1 time in the issue on March 28th, 2004 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of afflant) Sworn to and subscribed before me This 29th day of March ,2004 (SipAture of notary public) "� y pb"", iiarriett Bushong MY (:OMMISSION # 13D234689 EXP RES July 24, 2007 BIND p HRU TROY FAIN MSURANCE, !NC RZ•Zg03 AR-3873 NOTICE OF INTENT TO CONSIDER ORDINANCE a County Ordinance. The Meeting wail commence at 9:g0 A.M. The title of the proposed Ordinance Copies of the proposed Ordinance are on file with the Clerk to the Board _. av,fiablei asstednsi e� . Ali; [ are to attend mad be heard. NOTE: All persons wish - Ing to speak on any eti the �S regis- ter agenda Item CanO Ad- ministrator prior to pre- sentatlon of the agenda Item to be addressed. individual speakers w411, be limited to 5 minutes on any item. The selec- tion of an Individual to speak on behalf of an organization or proup Is encouraged. If recog- nized by the Chairman, a spokesperson for a my ope ted aabalorganization t 10min- utes to speak on an Item. 8 C Persons wishing to have written or graphic ma- terials Included in the Board agenda packets must submit said ma- terial a minimum of 3 waaks erior to the re- um of sev- or to the a. All ma- aerial used In presents• Lions before the Board will become a perma. nent part of the record. Any person who decides to appeal a decision of the Board will need a re- cord of the proceedings ppertaining thhere^ ova to ttterefl528; may ensure that a Verbatlm record of the proceed. Ings is made, which re- cord includes the testl- mony and evidence upon which the appeal BOARD OF C' COMMISSIONERS O U N T Y COLLIER COUNTY, FLORIDA MANNA FIALA, CHAIR - DWIOHT E. BROCK, CLERK By- /S/Ann lenneJohn, March 28__ No. 487422 Date: April 27, 2004 To: Kay Deselem, Planner From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Ordinance 2004 -23 Enclosed please find one copy of the document as referenced above , Agenda Item #8C, approved by the Board of County Commissioners on Tuesday, April 13, 2004. If you should have any questions, please contact me at 774 -8411 Thank you. Enclosures ORDINANCE NO. 04 — 2 3 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 91- 102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 06145 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 951) 1/4 MILE NORTH OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" RURAL AGRICULTURAL TO "C -3 "; PROVIDING FOR STIPULATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Terrance Kepple, of Kepple Engineering, Incorporated, representing Amerisite LLC, in Petition RZ- 2003 -AR -3973, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COLLIER COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A ", attached hereto and incorporated by reference herein, and located on the east side of Collier Boulevard (C.R. 951) 1/4± mile north of Rattlesnake Hammock Road (C.R. 864) in Section 14, Township 50 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "C -3" Commercial Intermediate District, and the Official Zoning Atlas Map numbered 0614S, as described in Ordinance 91 -102, as amended, the Collier County Land Development Code is hereby amended accordingly , including the following stipulation: Direct access from this site onto CR 951 is prohibited. Access to this tract must be provided via an interconnection with the parcel to the south. The herein described real property is the same for which the rezone is hereby approved. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. Page 1 of 2 8C PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _t3-V^ day of Apt-i , 2004. ATTEST: DWIGHT E. BROCK, CLERK Deputy tl$ - - o Attest i signature Approved as to Form and Legal Sufficiency: 1i � wm�� Patrick G. White Assistant County Attorney RZ- 2003 -AR -3 9 3 7/KD /sp Exhibit: A: Legal Description BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA i� -47 DONNA FIALA, CHAIRMAN Page 2 of 2 P1' Pig LEGAL DESCRIPTION SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORDIA LESS THE RIGHT OF WAY. RZ- 2003 -AR -3973 EXHIBIT A STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2004 -23 Which was adopted by the Board of County Commissioners on the 13rd day of April 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of April, 2004. DWIGHT E. BROCK,,•` "..' Clerk of Cour�S: "�5d•'� .• "", Ex- officio tc3.� Qx`"+P °f •.' County Comm By: Linda A. FI'mt.• u`�' Deputy Clerk " "'' "'��j1 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv., location, etc.) ❑ Other. • dh Originating Dept/ Div: Comm.Dev.Serv. /Comp. Planning Person: John -David Moss Date: March 5, 2004 Petition No. (If none, give brief description): N/A Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A Hearing before XXX BCC BZA Other Requested Hearing date: March 23, 2004 Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Proposed Text: (Include legal description & common location & Size: See Attached Companion petition(s), if any & proposed hearing date: N/A ❑ Legally Required Does Petition Fee incl a advertising cost? x Yes ❑ No If Yes, what account should be charged for advertising costs: 111- 138318 Revie bv: Approved by: 3, .;Z-- s y Comprehensive Planning Director Date County Manager Date List Attachments: Executive Summary, Ad Request and Map DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: N legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY- Date Received: Date of Public hearing: 3 -a 3 O�y Date Advertised: ,�"� 6q 8E ORDINANCE NO. 2004 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003 -61 AND NO. 2003 -62 TO CLARIFY THE EFFECTIVE DATE PROVISIONS OF THOSE ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 18, 2003, the Board of County Commissioners of 'Collier County, Florida adopted Ordinance No. 2003 -61, establishing a Fee Payment Assistance Program to mitigate the economic effects of increased impact fee rates; and Ordinance No. 2003 -62, establishing a Property Tax Stimulus Program available to eligible businesses to mitigate the economic effects of increased relocation and expansion costs, which provided for certain economic incentives; and WHEREAS, Chapter 125.01(1)(t), Florida Statutes, authorizes the Board to enact ordinances necessary for the exercise of its powers; and WHEREAS, enactment of the following amending ordinance will be in the public interest and serve a valid public purpose by clarifying the precise events required for the above - referenced economic incentive ordinances to become effective. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE. The "Effective Date" provisions of Ordinance Nos. 2003 -61 & 2003- 62, in Section Three of both Ordinances, are amended as follows: This Ordinance will immediately become effective upon the last date of occurrence of all three of the following events, regardless of the order in which they may occur: 3. the effective date of ordinances by the Board of County Commissioners adopting appropriate amendments to modify the Collier County Community Redevelopment Plan for Immokalee to allow for the use of TIF funds for the repayment of property taxes to eligible business located in a portion of the Immokalee Enterprise Zone and expanding the boundaries of the Immokalee Redevelopment Area to include a portion of the Immokalee Enterprise Zone, as that portion of the Immokalee Enterpise Zone is depicted in the attached Exhibit A. SECTION TWO. CONFLICT AND SEVERABILITY. Page 1 of 2 Words strUGk threug4 are deleted, words underlined are added In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion will be deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portions. SECTION THREE. EFFECTIVE DATE. This Ordinance will become effective upon filing of this Ordinance with the Department of State; PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and le al sufficie Patrick G. White Assistant County Attorney , 2004. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Donna Fiala, Chairman 8E .I March 23, 2004 Board of County Commissioners Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, March 12 2004 and furnish proof of publication to the Comprehensive Planning Department, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement should be a one quarter ('/4) page advertisement and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. 8E.,. 4j NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, March 23, 2004 in the County Commissioners Boardroom, 3`d Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida the Board of County Commissioners will hold a public hearing to consider the adoption of the following County Ordinance. The meeting will commence at 9 :00 A.M. The title of the proposed ordinance is as follows: ORDINANCE NO. 04- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003 -61 AND NO. 2003 -62 TO CLARIFY THE EFFECTIVE DATE PROVISIONS OF THOSE ORDINANCES; PROVIDING FOR CONFLICT AND SEVERBILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The purpose of the hearing is to consider the adoption of the proposed amendments to Ordinance No. 2003 -61 and Ordinance No. 2003 -62 according to the Procedures and Criteria outlined in Section 163.3191, Florida Statutes. All interested parties are invited to appear and be heard. Copies of the proposed ordinances are available for inspection at the Collier County Clerk's Office, 4th Floor, Administration Building, County Government Center, East Naples, Florida; and at the Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Department. Written comments filed with the Clerk to the Board's Office prior to March 23, 2004, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Maureen Kenyon Clerk (SEAL) W V 2 IW m M W 2 W C�7 W O Q IW CV 2 IW co N 2 I Ico N Q W W LO N 2 T 46 S I T 47 S I T 48 S I T 49 S I T 50 S ALNnOO ONVM0218 T 51 S I T 52 S T 53 S 8 00 3OVO Z Gulf N z J J zY J I F5 N J� �U S i� i� �z ?o � o �Z2 N °hN °z � V ^ c a wa O 1F J N m0o �o 0 ¢o< aoo 8E ;34 March 8, 2004 Attn: Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Ordinance Amending No. 2003 -61 & No. 2003 -62 Dear Pam: Please advertise the above referenced notice and map (which I have faxed to you) on Friday, March 12, 2004. This advertisement should be no less than one - quarter page and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. /Account # 111 - 138318 8 E NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on March 23, 2004 in the County Commissioners Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will hold a public hearing to consider the adoption of the following County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003 -61 AND NO. 2003 -62 TO CLARIFY THE EFFECTIVE DATE PROVISIONS OF THOSE ORDINANCES1 PROVIDING FOR CONFLICT AND SEVERABILITYy AND PROVIDING FOR AN EFFECTIVE DATE. The purpose of the hearing is to consider the adoption of the proposed amendments to Ordinance No. 2003 -61 and Ordinance No. 2003 -62 according to the Procedures and Criteria outlined in Section 163.3191, Florida Statutes. All interested parties are invited to appear and be heard. Copies of the proposed ordinances are available for inspection at the Collier County Clerk's Office, 4th Floor, Administration Building, County Government Center, East Naples, Florida; and at the Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Department. Written comments filed with the Clerk to the Board's Office prior to March 23, 2004, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Ann Jennejohn, Deputy Clerk (SEAL) Ann P. Jennejohn To: Subject: Hello Pam, Pam Perrell (E -mail) Ordinance Amending 2003 -61 & 2003 -62 GBE please advertise the attached on Friday, March 12, 2004. I have faxed the attached display map. Thank you Pam, UNI Minutes & Records ORD.AMEND 03 -61 & 2003 -62.dc 1 Ann P Jennejohn From: postmaster @clerk. coil ier.fl.us Sent: Monday, March 08, 2004 4:28 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) ATT146778.txt Ordinance lending 2003 -61 & This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. paperrell @naplesnews.com 1 Ann P. Jenneiohn i 8E if From: System Administrator [postmaster @naplesnews.com] Sent: Monday, March 08, 2004 4:43 PM To: Ann P. Jennejohn Subject: Delivered: Ordinance Amending 2003 -61 & 2003 -62 LI Ordinance pending 2003 -61 &: « Ordinance Amending 2003 -61 & 2003 -62>> Your message To: Pam Perrell (E -mail) Subject: Ordinance Amending 2003 -61 & 2003 -62 Sent: Mon, 8 Mar 2004 16:27:19 -0500 was delivered to the following recipient(s): Perrell, Pamela on Mon, 8 Mar 2004 16:42:44 -0500 1 Ordinance Amending 2003 -61 & 2003 -62 Ann P. Jennejohn From: Perrell, Pamela [paperrell @napiesnews.com] Sent: Monday, March 08, 2004 4:58 PM To: Ann P. Jennejohn Subject: RE: Ordinance Amending 2003 -61 & 2003 -62 OK - - - -- Original Message---- - From: Ann P. Jennejohn [mailto:Ann.Jennejohn @clerk.collier.fl.us] Sent: Monday, March 08, 2004 4:27 PM To: Pam Perrell (E -mail) Subject: Ordinance Amending 2003 -61 & 2003 -62 Hello Pam, Page 1 of 1 L018M please advertise the attached on Friday, March 12, 2004. I have faxed the attached display map. Thank you Pam, Ann Minutes & Records 3/9/2004 <<ORD.AMEND 2003 -61 & 2003- 62.doc>> Ordinance Amending 2003 -63 Linda A. Houtzer From: legals [legals @naplesnews.com] Sent: Tuesday, March 09, 2004 10:45 AM To: Linda A. Houtzer Subject: RE: Ordinance Amending 2003 -63 rcvd to run march 12 thanks georgia - - - -- Original Message---- - From: Linda A. Houtzer [mai Ito: Linda. Houtzer @clerk. col Iier.fl.us] Sent: Monday, March 08, 2004 4:23 PM To: Georgia (E -mail) Subject: Ordinance Amending 2003 -63 Page 1 of 1 8E , .4 l�l!''rlS'f' t7i7?'c?YtC.St? t /1.!' i7 /ftdC "fZ(?lt 7IO�Ii'L' 171 fYlL�, 1ild ?[i I ?£0.x. t <<ORD.AMEND. ORD. 03-63.doc>> <<ORD.AMEND.ORD.03- 63.doc>> / _VOH 1147're 11/1-1/ iJrhn_s Dim s; r7A «sV r: rl/ 77 t N 4 r . .�I1ZtI,i.7 . 3/9/2004 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Angela Bryant, who on oath says that they serve as the Administrative Assistant To The Publisher of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on March 12th, 2004. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor . promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. tAey. _4 c ( Signature of affiant) Sworn to and subscribed before me This 15th day of March, 2004 if 8 � Coflege honors 7ly MARO gUXff the company (Signature of notary public) .SAY IP�•., * Harriett Bushony MY COMMISSION # DD234689 EXPIRES <= '•;r •.- Tiny 24, 2007 i10NDED TH RU TROY FAIN INSURANCE, INC if 8 � Coflege honors 7ly MARO gUXff the company bmrell'iott®naplesnews.com recipients sine national Coll c It must have been the reading first anding t outstanding x .,lessons extraordinary In the Thomas household, the commlanit reading alone wasn't enough. It McMahan, had to be done aloud And with Jeanette Broc feeling. So you could see a pic- presented Th, ture of what you were reading in ture of a to your mind symbol, and - That's the way Peter A. 'Thom- in the seven- ts learned how to read, and it aMaid Humanitarian off. orary Doctor, The former radio announcer- turned- narrator, now 80, became tern. Thomas, w one of the leading voice -ovens in dreds of scrip the country. was almost sp "I am abs( —' Thomas said in earlier inter- views that he always researches ed, he told tl the projects he narrates so he can of a standing Carlton, Nap: put feeling into his work rather bled." than just "reading words -91 He gave th He used his voice for charitable to the people causes and philanthropy as well together as for his longtime profession, and award c and it was that use for which he ones who pai was honored Thursday by a fore his turn crowd of 410. Myra Janco International College of North and CEO of 1� Naples gave the silver- voiced monic Cente: narrator its highest honor. the William Mcl Humanitarian Award for 2004. the National l Cow President Terry McMa- Foundation. 0 4 praised Thomas for his work, He also i AUhan which incl es several projects friend and v for Inter* tiO:L Marcia Savell Mcbtahan said Thomas joined known for COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: 'flt -ti Originating Dept/ Div: Comm. Dev.Serv. /Comp. Planning Person: John -David Moss Date: March 29, 2004 Petition No. (If none, give brief description): N/A Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) NIA Hearing before XXX BCC BZA Other Requested Hearing date April 13.2004 Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Proposed Text: (Include legal description & common location & Size: See Attached Companion petition(s), if any & proposed hearing date: NIA ❑ Legally Required Does Petition Fee include advertising cost? x Yes ❑ No If Yes, what account should be charged for advertising costs: 111- 138318 Review bv: Approved by: _ • �g�ay Comprehensive Planning Director Date County Manager Date List Attachments: Executive Summary, Ad Request and Map DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager, The Manager's office will distribute copies: ., ❑ County Manager agenda file: to ❑ Requesting Division ❑ Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: q -(,4 Date of Public hearing: q -13 -86oaA Date Advertised: 4 eml !8E NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, April 13, 2004 in the County Commissioners Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida the Board of County Commissioners will hold a public hearing to consider the adoption of the following County Ordinance. The meeting will commence at 9 :00 A.M. The title of the proposed ordinance is as follows: ORDINANCE NO. 2004 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003 -61 AND NO. 2003 -62 TO CLARIFY THE EFFECTIVE DATE PROVISIONS OF THOSE ORDINANCES; AND AMENDING CHAPTER 49 OF THE CODE OF LAWS AND ORDINANCES, AS CREATED BY ORDINANCE NOS. 2003 -61 & 2003 -62, BY AMENDING SECTIONS 49 -25 AND 49 -45, RESPECTIVELY, PERTAINING TO PROGRAM ELIGIBILITY CRITERIA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. The purpose of the hearing is to consider the adoption of the proposed amendments to Ordinance No. 2003 -61 and Ordinance No. 2003 -62 according to the Procedures and Criteria outlined in Section 163.3191, Florida Statutes. All interested parties are invited to appear and be heard. Copies of the proposed ordinances are available for inspection at the Collier County Clerk's Office, 4th Floor, Administration Building, County Government Center, East Naples, Florida; and at the Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8 :00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Department. Written comments filed with the Clerk to the Board's Office prior to April 13, 2004, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 8E t BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Maureen Kenyon Clerk (SEAL) f ORDINANCE NO. 2004 - 1, - -;, AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003 -61 AND NO. 2003 -62 TO CLARIFY THE EFFECTIVE DATE PROVISIONS OF THOSE ORDINANCES; AND AMENDING CHAPTER 49 OF THE CODE OF LAWS AND ORDINANCES, AS CREATED BY ORDINANCE NOS. 2003 -61 & 2003 -62, BY AMENDING SECTIONS 49 -25 AND 49-45, RESPECTIVELY, PERTAINING TO PROGRAM ELIGIBILITY CRITERIA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 18, 2003, the Board of County Commissioners of Collier County, Florida adopted Ordinance No. 2003 -61, establishing a Fee Payment Assistance Program to mitigate the economic effects of increased impact fee rates; and Ordinance No. 2003 -62, establishing a Property Tax Stimulus Program available to eligible businesses to mitigate the economic effects of increased relocation and expansion costs, which provided for certain economic incentives; and WHEREAS, Chapter 125.01(1)(t), Florida Statutes, authorizes the Board to enact ordinances necessary for the exercise of its powers; and WHEREAS, the Program Eligibility Criteria in Code of Laws Section 49 -25, created by Ordinance No. 2003 -61, pertaining to a Fee Payment Assistance Program, and Section 49-45 created by Ordinance No. 2003 -62, pertaining to a Property Tax Stimulus Program, respectively are now intended to include one more criterion, and WHEREAS, enactment of the following amending ordinance will be in the public interest and serve a valid public purpose by adding a necessary criterion for eligibility to the aforementioned programs and clarifying the precise events required for the above- referenced economic incentive ordinances to become effective. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE. The "Effective Date" provisions of Ordinance Nos. 2003 -61 & 2003- 62, in Section Three of both Ordinances, are amended as follows: Dona 1 of Z ,'. 8E "J i, This Ordinance will immediately become effective upon the last date of occurrence of all three of the following events, regardless of the order in which they may occur: 3. the effective date of ordinances by the Board of County Commissioners adopting appropriate amendments to modify the Collier County Community Redevelopment Plan for Immokalee to allow for the use of TIF funds for the repayment of property taxes to eligible business located in a portion of the Immokalee Enterprise Zone and expanding the boundaries of the Immokalee Redevelopment Area to include a portion of the Immokalee Enterprise Zone, as that portion of the Immokalee Enterpise Zone is depicted in the attached Exhibit A. SECTION TWO. Section 49 -25. Article II, Section 49-25 of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Program Eligibility Criteria. 3. Be located within the boundary of the Immokalee Community Redevelopment Area and meet the following criteria: a. Create a minimum of five new job: and b. The newly created iobs pay an average wage equal to or -greater than 50% of the County's current private- sector average wage 4. Be a High Impact project and be located outside the Enterprise Community and Eastern Collier County and meet the following criteria: SECTION THREE. Article II, Section 49-45 of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 49-45. Program Eligibility Criteria. 3. Be located within the boundary of the Immokalee Community Redevelopment Area and meet the following criteria- a. Create a minimum of five new iob, and b. The newly created lobs pay an average wage equal to or greater than 50% of the County's current private - sector average wage Page 2 of 3 t 8E .1 4. Be a High Impact project and be located outside the Enterprise Community and Eastern Collier County and meet the following criteria: SECTION FOUR. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion will be deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portions. SECTION FIVE: INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article", or any other appropriate word. SECTION SIX. EFFECTIVE DATE. This Ordinance will become effective upon filing with the Department of State; PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 2004 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA In Deputy Clerk By: Approved as to form and I suffi ncy: Patrick G. White Assistant County Attorney DONNA FIALA, Chairman CID CD co 8E 44 Proposed CRA Boundary R 28 E R 29 E 0 Qn 20 2 1 Proposed 2F 24 q Existing CRA 2i 26 32 M V. Existing CRA T-_ o 4 3 Proposed CRA 7 8 12 is IT 2- ?3 21 19 20 21 L-9-W Collier County A C--,-*y RDAs CM commmAy Rm*vebm*.t Area Exhibit A + A.4kid P.-W C.M. C_t, pr.,",V,_ � 8E A# March 30, 2004 Attn: Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Ordinance Amending No. 2003 -61 & No. 2003 -62; to clarify provisions and eligibility Dear Pam: Please advertise the above referenced notice and map (which I have faxed to you) on Friday, April 2, 2004. This advertisement should be no less than one - quarter page and the headline in the advertisement should be in a type no smaller than IS point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. /Account # 111 - 138318 r BE NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, April 13, 2004 in the County Commissioners Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will hold a public hearing to consider the adoption of the following County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003 -61 AND NO. 2003 -62 TO CLARIFY THE EFFECTIVE DATE PROVISIONS OF THOSE ORDINANCES] AND AMENDING CHAPTER 49 OF THE CODE OF LAWS AND ORDINANCES, AS CREATED BY ORDINANCE NOS. 2003 -61 & 2003 -62, BY AMENDING SECTIONS 49 -25 AND 49 -45, RESPECTIVELY, PERTAINING TO PROGRAM ELIGIBILITY CRITERIAT PROVIDING FOR CONFLICT AND SEVERABILITYt PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCESt AND PROVIDING FOR AN EFFECTIVE DATE. The purpose of the hearing is to consider the adoption of the proposed amendments to Ordinance No. 2003 -61 and Ordinance No. 2003 -62 according to the Procedures and Criteria outlined in Section 163.3191, Florida Statutes. All interested parties are invited to appear and be heard. Copies of the proposed ordinances are available for inspection at the Collier County Clerk's Office, 4th Floor, Administration Building, County Government Center, East Naples, Florida; and at the Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Department. Written comments filed with the Clerk to the Board's Office prior to April 13, 2004, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Ann Jennejohn, Deputy Clerk (SEAL) �8E FAX TO: Pam Perrell Location: Naples Daily News FAX NO: (239) 263 -4703 COMM 4=cD0cD ... 000 NJ %c iA FROM: Board Minutes & Records LOCATION: MINUTES & RECORDS COLLIER COUNTY GOVERNMENT COMPLEX FAX NO: (239) 774 -8408 PHONE NO: (239) 774 -8406 DATE SENT: -;3 / � Q / 2004 SE # OF PAGES:. (INCLUDING COVER SHEET) P. I �-8E April 13, 2004 Board of County Commissioners Public Hearing J Advertising Requirements Please publish the following Advertisement and Map on Friday. April 2, 2004 and furnish proof of publication to the Comprehensive Planning Department, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement should be a one quarter ('/4) page advertisement and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. T 46 S T 47 S T 48 S T 49 S T 50 S T 51 S T 52 S T 53 S 8C uNnoo oavrnoae uNnO3JO W C.) 2 1J C " f n W O m m LV O Z O W } " W ■� o N C.) W Q N V — a �, W Z 0 C; 2 w ¢ kiNnoo AaoN3H W O m w 0 z O ¢ U 6Z 6Z -•8•5 u W C" } p 2 W N 2 w Q 6i m � m ti W i N " 4 �6 co N ; - p 2 v m I K N h4 W A1Nnoo 331 n N 9 cr p1 o m Jy 26 W L96 -'a-3 z co N z 0 0 = qWq a o 5 w S 196 —'a's 0 WFln 5 SL -I z Y 'ON aodair on W Lo U�3 Z �wy 2 ooh U a U W Nfexi co w U a of � Guff 0 z� o �zn a� aMKoa aoo 8E 'y Ann P. Jennejohn To: Pam Perrell (E -mail) Subject: Amends Ord. Nos. 2003 -61 & 2003 -62; To Clarify Eligibility Criteria Hi Pam, Please advertsie the attached on Friday, April 2, 2004. T will also fax a copy of the Map and Said Ordinance. LDIIIIIIII NEI Amends Ord. No. Thank you, 03 -61 & 03 -62... Ann Minutes & Records 732 -2646, ext. 7240 1 FBI ORD.AMEND 03 -61 & 2003 -62(2; 18E '? Ann P. Jenneiohn From: postmaster @clerk. col Iier.fl.us Sent: Tuesday, March 30, 2004 9:51 AM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) ATT631226.bct Amends Ord. Nos. 2003 -61 & 200... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. paperrell @naplesnews.com 1 Ann P_ - lannainhn f3 E w 0 From: System Administrator [postmaster @naplesnews.com] Sent: Tuesday, March 30, 2004 9:52 AM To: Ann P. Jennejohn Subject: Delivered: Amends Ord. Nos. 2003 -61 & 2003 -62; To Clarify Eligibility Criteria L J Amends Ord. Nos. 2003 -61 & 200... «Amends Ord. Nos. 2003 -61 & 2003 -62; To Clarify Eligibility Criteria>> Your message To: Pam Perrell (E -mail) Subject: Amends Ord. Nos. 2003 -61 & 2003 -62; To Clarify Eligibility Criteria Sent: Tue, 30 Mar 2004 09:50:39 -0500 was delivered to the following recipient(s): Perrell, Pamela on Tue, 30 Mar 2004 09:51:47 -0500 1 Amends Ord. Nos. 2003 -61 & 2003 -62; To Clarify Eligibility Criteria Page 1 of 1 Ann P. Jennejohn 2— From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Tuesday, March 30, 2004 10:05 AM To: Ann P. Jennejohn Subject: RE: Amends Ord. Nos. 2003 -61 & 2003 -62; To Clarify Eligibility Criteria RN - - - -- Original Message---- - From: Ann P. Jennejohn [mailto: Ann .Jennejohn @clerk.collier.fl.us] Sent: Tuesday, March 30, 2004 9:51 AM To: Pam Perrell (E -mail) Subject: Amends Ord. Nos. 2003 -61 & 2003 -62; To Clarify Eligibility Criteria Hi Pam, Please advertise the attached on Friday, April 2, 2004. I will also fax a copy of the Map and Said Ordinance. Thank you, 2003 -61 & 2003- 62(2).doc>> Ann Minutes & Records 732 -2646, ext. 7240 3/30/2004 <<Amends Ord. No. 03 -61 & 03- 62.(1)doc.doc>> <<ORD.AMEND NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper 1 time in the issue on April 1 st, 2004 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. /1-y S ( Signature of affiant) Sworn to and subscribed before me This 5th day of April 2004 �c L� (Signature of notary public) Harriett Bushong Ps MycoMMISSION# DD234689 EXPIRES ?<; July 24, 2007 BUNpED THRU TROY FAIN INSURANCE, INC r g I PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE Notice is hereby given that on 1LesdaZ AREIl 13 2o04 in the County .Commissioners Boardroom, 3rd Floor, Administration Building, Collier County Government Center,.3301 East. Tamlami Trail, Naples, Florida, the Board of County Commissioners will hold a public hearing to consider the adoption of the following County Ordinance. The meeting will commence at 9:00 A.M. The title of the.proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD 'OF COUNTY COMMISSIONERS OF -COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003 -61 AND NO. 2003 -62 TO CLARIFY THE EFFECTIVE DATE PROVISIONS OF THOSE ORDINANCES; AND AMENDING CHAPTER 49 OF THE CODE OF LAWS AND ORDINANCES, AS CREATED BY ORDINANCE NOS. 2003 -61 & 2003 -62, BY AMENDING SECTIONS 49 -25 AND 49-45, RESPECTIVELY, PERTAINING TO PROGRAM ELIGIBILITY CRITERIA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR _.IN!CLUSION IN CODE OF LAWS AND ORDINANCES;;AND PROVIDING FOR AN EFFECTIVE DATE. e purpose. of the hearing is to consider the adoption of the proposed amendments to Ordinance No. 2003.61 and Ordinance No. 2003 -62 according to the Procedures and Criteria outlined in Section 163.3191, Florida Statutes; >E All interested parties are invited to appear and be heard. Copies of the proposed ordinances are available for inspection at the Collier County Clerk's Office, 4th Floor, Administration Building, County Government Center, East Naples, Florida; and at the Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8 :00 A.M: and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Department. Wfftn comments filed with the Clerk to the Board's Office prior to April 18, 2004, will be read and considered at the public hearing: - - - -- - - -- If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the,appeal is to'be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN AWL DWIGHT E. B QR ROCK, CLERK By:. /s /Ann Jennejohn, Deputy Clerk 8E ORDINANCE NO. 2004 - — 2 4_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003 -61 AND NO. 2003 -62 TO CLARIFY THE EFFECTIVE DATE PROVISIONS OF THOSE ORDINANCES; AND AMENDING CHAPTER 49 OF THE CODE OF LAWS AND ORDINANCES, AS CREATED BY ORDINANCE NOS. 2003 -61 & 2003 -62, BY AMENDING SECTIONS 49 -25 AND 49 -45, RESPECTIVELY, PERTAINING TO PROGRAM ELIGIBILITY CRITERIA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 18, 2003, the Board of County Commissioners of Collier County, Florida adopted Ordinance No. 2003 -61, establishing a Fee Payment Assistance Program to mitigate the economic effects of increased impact fee rates; and Ordinance No. 2003 -62, establishing a Property Tax Stimulus Program available to eligible businesses to mitigate the economic effects of increased relocation and expansion costs, which provided for certain economic incentives; and WHEREAS, Chapter 125.01(1)(t), Florida Statutes, authorizes the Board to enact ordinances necessary for the exercise of its powers; and WHEREAS, the Program Eligibility Criteria in Code of Laws Section 49 -25, created by Ordinance No. 2003 -61, pertaining to a Fee Payment Assistance Program, and Section 49 -45 created by Ordinance No. 2003 -62, pertaining to a Property Tax Stimulus Program, respectively are now intended to include one more criterion; and WHEREAS, enactment of the following amending ordinance will be in the public interest and serve a valid public purpose by adding a necessary criterion for eligibility to the aforementioned programs and clarifying the precise events required for the above- referenced economic incentive ordinances to become effective. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE. The "Effective Date" provisions of Ordinance Nos. 2003 -61 & 2003- 62, in Section Three of both Ordinances, are amended as follows: Page 1 of 3 Words str-us4# are deleted, words underlined are added This Ordinance will immediately become effective upon the last date of occurrence of all three of the following events, regardless of the order in which they may occur: 3. the effective date of ordinances by the Board of County Commissioners adopting appropriate amendments to modify the Collier County Community Redevelopment Plan for Immokalee to allow for the use of TIF funds for the repayment of property taxes to eligible business located in a portion of the Immokalee Enterprise Zone and expanding the boundaries of the Immokalee Redevelopment Area to include a portion of the Immokalee Enterprise Zone as that portion of the Immokalee Enterpise Zone is depicted in the attached Exhibit A. SECTION TWO. Article II, Section 49 -25 of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 49 -25. Program Eligibility Criteria. 3. Be located within the boundary of the Immokalee Community Redevelopment Area and meet the following criteria: a Create a minimum of five new iob; and b The newly created jobs pay an average wage equal to or greater than 50% of the County's current private- sector average wage. 4. Be a High Impact project and be located outside the Enterprise Community and Eastern Collier County and meet the following criteria: SECTION THREE. Article II, Section 49 -45 of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 49 -45. Program Eligibility Criteria. 3. Be located within the boundary of the Immokalee Community Redevelopment Area and meet the following criteria: a. Create a minimum of five new iob: and b The newly created jobs pay an average wage equal to or greater than 50% of the County's current private- sector average wage. Page 2 of 3 Words struck througk► are deleted, words underlined are added 4. Be a High Impact project and be located outside the Enterprise Community and Eastern Collier County and meet the following criteria: SECTION FOUR. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion will be deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portions. SECTION FIVE: INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION SIX. EFFECTIVE DATE. This Ordinance will become effective upon filing with the Department of State; PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 134k day of _ pDri 12004. w -. B o • 'W BOARD OF COUNTY COMMISSIONERS Clerk OF COLLIER COUNTY, FLORIDA Approved as to form and I suffic'ency. A a,� A U 1, nth Patrick G. White Assistant County Attorney By,�nse•i DONNA FIALA, Chairman Page 3 of 3 Words stFUGk t#reug4 are deleted, words underlined are added E ll �^ U) (U x � =3 MMO W W (U (n LE 0 CZ5 m U 0 0 � U O C S O MO w W W W Q C o �N Co (u � E =3 (o m Cll Cll C M IA. LL W U -0 o -0 C: cn O Q ^O I..L r r N N (O r rN- r N N N M N r N N N N ca a c N n m M r N W M N N Cl) O oo � N v .Q 47 W N co r N N N r N o m n m T r V N r N N M - M lo N r r N N M N N co t2 N m N cq Co ui d' r N Nf7 ,(_., m.II- N - 1 N — N co N tf1 co r N N M'' i <c n co rn Lo 'to cm t i N r r N N M N r r N i I W Q co N M' r U N M M f N ' 01 X W M ol � N M m �R N Q U a Lo r N N lip c, 41 co r N O d O CL r r �2 c N S9t, 1 I SLtbl 8Ei c_N NC t I I t t I I 0 O W a i W a� y c 0 LL m y j C E ° H � W N N as N a N N Q o N R d O N O W y ¢ M o O C N a ,91 a W —° =N >o ° CO m E o y o m c o O Q N d U j N 7 ° E o N cL E '' 2 T d C) w ,000 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2004 -24 Which was adopted by the Board of County Commissioners on the 13rd day of April 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of April, 2004. o11*1aa DWIGHT E. BROL**k- Clerk of Cou s �d =yl�kr 4 Ex- officio topar af; County Commis'ar c s� D By: Linda A. Houtzer Deputy Clerk COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: Originating Dept/ Div: CDES/ Impact Fee Administration Person: Amy Patterson Date: 3/5/04 Petition No. (If none, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before: X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. March 23, 2003 Newspaper(s) to be used: (Complete only if important): X Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003 -63 TO CLARIFY THE EFFECTIVE DATE PROVISIONS OF THAT ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? ❑ Yes ❑ No If Yes, what account should be charged for advertising costs: 131- 138902 - 649100 Reviewed by Division Administrator or Designee y S'--o `i Date List Attachments: 1. Ordinance Amendment DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: &rio Date of Public hearing: .3 m 3 d Date Advertised: �z b � Ih; ORDINANCE NO. 2004 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003 -63 TO CLARIFY THE EFFECTIVE DATE PROVISIONS OF THAT ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 18, 2003, the Board of County Commissioners of Collier County, Florida adopted Ordinance No. 2003 -63, amending the Collier County Impact Fee regulations in Chapter 74 of the Code of Laws and Ordinances to allow for the deferral of certain impact fees for residential development; and WHEREAS, Chapter 125.01(1)(t), Florida Statutes, authorizes the Board to enact ordinances necessary for the exercise of its powers; and WHEREAS, enactment of the following amending ordinance will be in the public interest and serve a valid public purpose by clarifying the precise events required for the above - referenced economic incentive ordinances to become effective. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE. The "Effective Date" provisions of Ordinance No. 2003 -6 ?, in Section Three of that Ordinance, is amended as follows: This Ordinance will immediately become effective upon the last date of occurrence of all three of the following events, regardless of the order in which they may occur: 3. the effective date of ordinances by the Board of County Commissioners adopting appropriate amendments to modify the Collier County Community Redevelopment Plan for Immokalee to allow for the use of TIF funds for the repayment of property taxes to eligible business located in a portion of the Immokalee Enterprise Zone and expanding the boundaries of the Immokalee Redevelopment Area to include a portion of the Immokalee Enterprise Zone as that portion of the Immokalee Enterprise Zone is depicted in the attached Exhibit A. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, Page 1 of 2 Words stFuGk thmugh are deleted, words underlined are added 8 F such portion will be deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portions. SECTION THREE. EFFECTIVE DATE. This Ordinance will become effective upon filing of this Ordinance with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Donna Fiala, Chairman Approved as to form and T ff al sui ncy: rick G. hate Assistant County Attorney Page 2 of 2 Words 6tFLIGk through are deleted, words underlined are added y A1Nnoo cHvmoNm A1NnoD 30VO W m m �1 C< O ■Y w Z W zo m V •o W _ 0 m it Z D W lL j o ._ > M z W O • ui = m Z C F u N Q y z V O Z W J 0 W O w fA N o A1Nf103 ASON3H g W O m m C 1 sz a s sz •as - 1 1 1 z m sr . O 1 1 1E >- sz 'a"s C z Ld 1 1 1 1 < 2 1 1 r - -' 1 U Q6 AlNnoo 33,1 � W < v~ k n -6b y N 1 Q L96 WO za O Lss •a•s N Ld LLI d wmr no+.+ X � 19 W ti�0 N H s•n ry o� of Mex .fir � Gulf mss' 59V1 SLtil SOVI 56Y1 5051 5151 5 251 5E51 March 8, 2004 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORDINANCE AMENDING ORDINANCE 2003 -63 Dear Georgia: Please advertise the above referenced notice on Friday, March 12, 2004, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Linda A. Houtzer Deputy Clerk P.O. /Account 131 - 138902 - 649100 NOTICE OF INTENT TO CONSIDER ORDINANCE F Notice is hereby given that on March 23, 2004 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003 -63 TO CLARIFY THE EFFECTIVE DATE PROVISIONS OF THAT ORDINANCE' PROVIDING FOR CONFLICT AND SEVERABILITY1 AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Linda A. Houtzer, Deputy Clerk (SEAL) �q Linda _q. _9loUt_7er �70'.• C 7eorgia (T-maO sudjeCt • Ordnance AmendZng 2003-63 Jkli"), th - e alta, ,ll 0/7 f f It Lf, .,41,milh 12, 2oo-/. ORD.AMEND.ORD. ORD.AMEND.ORD. 03-63.doc 03-63.doc !/"I/oll A, I re-, an-v Aiallk- Vol," l�.i, and yeecal-cl,$- 1 �F ��0 Linda A. _)loUt_7er -T)-OM.* _postnzaster9c1e-r)6 colbie),:fbu sent.• -Wonela-y -March - 09 2004-4.23 1'M 0• Linda _)VOUt_7,-)- sudject• Delivery Status Votificatzon (qeay ATT146701.b(t Ordinance Amending 2003-63 A b, an lne ),S aw Aiai-A"'C"I Aill Ili,- Ilito &,-S'lillwlioll. h'. .,A71j ewln 1 4 8-F 142 Zinda- _4. _9VoUt_7er System administrator -Trom-, Wesnews com/ Sent- -31onda-y , -3faro6i 08, 2004 4.41 T-N Z,(nda- -4. -Afoutzer Delivered Ordinance AMendl-ng 2003 -63 Ll Ordinance Amending 2003-63 200�;- (�j�>,> ?Iour ni(, 200i'-(i51 -110/1, S- 11,Y)- -2004 -/"I 017 ,11011, S, M,1,1- 20t,14 16,:40.' --05-(,-)0 Naples Daily News Naples, FL 34102 NOTICE OF INTENT TO CONSIDER Affidavit of Publication DINAN- Naples Daily News Notice is herebyy� Blv -------------------------------------------- ------ +-------------- -- - - -- that t on rdroa,Z' __.l BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 131138902649 58821302 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared Angela Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 03/12 e proposed as follows• Copies of the proposed Ordinance are on file with the Clerk to the Board and on Available for parties are Invited to attend and be heard. All n.n ons wish- AD SPACE: 113.000 INCH FILED ON: 03/12/04 ----------------------------/----------------------------------------------- Signature of Affiant Sworn to and Subscribed before me this �- -day of ,� "?jam c c -�� 20 Personally known by me ?- Pr:'e�e., Harriett Bushong *� MY COMMISSION # DD234689 EV ES July 24, 2007 0ONDF.D THRU TROY FAIN INSURANCE, INrl n of Of es h1n a perma- record. the BOARD OF COUNTYI COt"SSIONERS COLLIER COUNTY, FLORIDA DDOON�NA FIALA, CHAIR - DWIGHT E. BROCK, WINK /s/Linda A NoutxK, MEMORANDUM Date: April 27, 2004 To: Amy Patterson Impact Fee Coordinator From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Ordinance 2004 -25 Enclosed please find one copy of the document as referenced above, (Agenda Item #8F), approved by the Board of County Commissioners on Tuesday, April 13, 2004.. If you should have any questions, please contact me at extension 8411. Thank you. Enclosure 8FORDINANCE NO. 2004 -_25 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003 -63 TO CLARIFY THE EFFECTIVE DATE PROVISIONS OF THAT ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 18, 2003, the Board of County Commissioners of Collier County, Florida adopted Ordinance No. 2003 -63, amending the Collier County Impact Fee regulations in Chapter 74 of the Code of Laws and Ordinances to allow for the deferral of certain impact fees for residential development; and WHEREAS, Chapter 125.01(1)(t), Florida Statutes, authorizes the Board to enact ordinances necessary for the exercise of its powers; and WHEREAS, enactment of the following amending ordinance will be in the public interest and serve a valid public purpose by clarifying the precise events required for the above - referenced economic incentive ordinances to become effective. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE. The "Effective Date" provisions of Ordinance No. 2003 -63, in Section Three of that Ordinance, is amended as follows: This Ordinance will immediately become effective upon the last date of occurrence of all three of the following events, regardless of the order in which they may occur: 3. the effective date of ordinances by the Board of County Commissioners adopting appropriate amendments to modify the Collier County Community Redevelopment Plan for Immokalee to allow for the use of TIF funds for the repayment of property taxes to eligible business located in a portion of the Immokalee Enterprise Zone and expanding the boundaries of the Immokalee Redevelopment Area to include a portion of the Immokalee Enterprise Zone as that portion of the Immokalee Enterprise Zone is depicted in the attached Exhibit A. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, Page 1 of 2 Words stFUsk- thmu914 are deleted, words underlined are added p7 r . Q i such portion will be deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portions. SECTION THREE. EFFECTIVE DATE. This Ordinance will become effective upon filing of this Ordinance with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 134-h day of Geri � , 2004. ATTES,;,,,,.,,,,,, DV1(,It�T1,bK, Clerk N. and Patrick G. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By. dL S a. , Do Ana Fiala, Chairman Page 2 of 2 Words StFUGk hFough are deleted, words underlined are added AINnoo c8vmo8s ,dNno3 30VO W v M m C 12 < m Oo Iz •� m U Z Mw 0 C. O. Z W EL J o ._ _ O ly O � W " o V y 00 W o W W U w m o N N o UNnoo QJCIN3H W O F__�61 BZ 'If6 W o a N U 'b'S � 6Z < Z w 1 1 < 1 i 1 4 W 1 J.1Nn83 331 n � W F � 1 9 N z y. lz� d. W � m a ass •as � � a b N o YS ci K W � a o lei iw+n QjQj gg °W, owy �/ jj W T x LCO N in is s'n r o�� a f Me $ w Gulf � >g 59b1 5L41 5OV 1 56b1 5OS1 5IS1 5251 5£51 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2004 -25 Which was adopted by the Board of County Commissioners on the 13rd day of April 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of April, 2004. DWIGHT E. BROCK Clerk of Courts,-1 Ex- officio to Sos�zd;-,gf County Commi s EfI6 '-s' ° By: Linda A. Hott�rs;'� -? Deputy Clerk ITEM #8H APRIL 13, 2004 BCC-REGULAR MEETING HAS NOT BEEN RECEIVED IN THE OFFICE OF MINUTES AND RECORDS AS OF MAY 1612005 9A '� RESOLUTION NO. 2004 -103 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT AND REAPPOINT MEMBERS TO THE AFFORDABLE HOUSING COMMISSION. WHEREAS, Collier County Ordinance No. 91 -65 created the Affordable Housing Commission and provides that the County Commission shall appoint five (5) members to the Affordable Housing Commission and the City of Naples shall appoint four (4) members to the Affordable Housing Commission; and WHEREAS, there are currently vacancies on this Commission; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Affordable Housing Commission has provided to the Board of County Commissioners its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Robert Guididas is hereby appointed to the Affordable Housing Commission for a 3 year term, said term to expire on October 1, 2006. 2. W. Jeffrey Cecil is hereby reappointed to the Affordable Housing Commission for a 3 year term, said term to expire on October 1, 2006. BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County hereby waives the provisions of Section Seven B. of Ordinance No. 2001 -55, relating to a limitation of two consecutive terms of office, for the purpose of reappointment of W. Jeffrey Cecil to this Committee. This Resolution adopted after motion, second and majority vote. DATED: April 13, 2004 ATTEST: DWIG#; 1=.::BQCK, Clerk At €p-�i as to '_ Approved as to form and legal sufficiency: David C. Weigel County Attorney DCW/k:;h; public; kay;adv. bds. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONiKFIKA, Chairman Item #� Agenda Data / D DatE Rec'd R RESOLUTION NO. 2004 -104 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT MATTHEW HUDSON TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE. WHEREAS, The County Government Productivity Committee was established by the Board of County Commissioners through the adoption of Collier County Ordinance No. 91 -10, as amended; and WHEREAS, Ordinance No. 91 -10, as amended, provides that the Committee shall consist of 13 members; and WHEREAS, there is currently a vacancy on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Committee has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Matthew Hudson is hereby appointed to the County Government Productivity Committee to fulfill the remainder of the vacant term, said term to expire on February 4, 2005. This Resolution adopted after motion, second and unanimous vote. DATED: April 13, 2004 ATTEST: DWIGHT E. BROCK, Clerk s ., L Deputy Cle -,.At test as' to,.C1+t4AetA's Approved as to form and legal sufficiency: d ( 7 David C. Weigel County Attorney DCW /kn: h; public; kay; advisoryboards BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By. DONNA FIALA, Chairman Item # Z -- Agenda Dare to 9 RESOLUTION NO. 2004 -105 1 ''i A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT MEMBERS TO THE ANIMAL SERVICES ADVISORY BOARD. WHEREAS, on January 27, 2004, the Board of County Commissioners adopted Collier County Ordinance No. 2004 -06, establishing the Animal Services Advisory Board; and WHEREAS, Ordinance No. 2004 -06 provides that the Animal Services Advisory Board shall consist of seven (7) members that include, but are not limited to a Collier County Humane Society representative, a veterinarian or veterinarian technician, a law enforcement representative, a citizen in the pet retail, boarding or grooming industry, a representative from an animal rights group based in Collier County, and two citizens at large; and WHEREAS, all seats are currently vacant on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the members listed below are hereby appointed to the Animal Services Advisory Board with their respective terms as follows: MEMBER Tom Kepp, Jr. David Estes Dr. Randall Eisel Susan D. Weiss Linda Kramer Karen Acquard Jennifer L. Hawke CATEGORY Humane Society of Collier County Law Enforcement Veterinarian Pet Retail Animal Activist Group At Large At Large This Resolution adopted after motion, second and majority vote. DATED: April 13, 2004 A TEST: f-0 _'dWIGHT E:��OCK, Clerk ttet"�`s Approved as to form and legal sufficiency: I"- - 6 Z L".- off David C. Weigel County Attorney DCW /kn: h; public; kay;advisoryboards TERM April 13, 2008 April 13, 2007 April 13, 2008 April 13, 2006 April 13, 2007 April 13, 2008 April 13, 2006 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DON A F ai RESOLUTION NO. 2004 -106 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO APPOINT ROBERT VIGLIOTTI TO THE COLLIER COUNTY PLANNING COMMISSION. WHEREAS, the Collier County Planning Commission was established by Collier County Ordinance No. 85 -51, as amended by Collier County Ordinance No. 86 -76; and WHEREAS, Collier County Ordinance No. 91 -102, as amended, repealed and replaced Ordinance No. 85 -51, as amended, re- establishing the Collier County Planning Commission; and WHEREAS, Ordinance No. 91 -102, as amended, provides that the Collier County Planning Commission shall be composed of nine (9) members representing the five commission districts; and WHEREAS, Ordinance No. 2003 -1, amending Ordinance No. 91 -102, as amended, provides that there shall be a representative of the school district appointed by the School Board; and WHEREAS, there is currently a vacancy in the Commission District 3 category; and WHEREAS, the School Board of Collier County has provided the Board of County Commissioners with its nominee for confirmation to the Collier County Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Robert Vigliotti is hereby appointed as a Commission District 3 representative to the Collier County Planning Commission to fulfill the remainder of the vacant term, said term to expire on October 1, 2007. This Resolution adopted after motion, second and majority vote. DATED: April 13, 2004 r ATTEST:` DWIGHT 11 K-Clerk A t St .l e Sign ator* Approved as to form and legal sufficiency: David C. Weigel County Attorney DCW/kn: h; public; kay; advisory boards BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: � DONNA FIALA, Chairman Item # -— Agenda % Date � Dc.te ry �IK . RESOLUTION NO. 2004 -107 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO APPOINT PETER HERARD TO THE BLACK AFFAIRS ADVISORY BOARD. WHEREAS, the Board of County Commissioners of Collier County adopted Ordinance No. 91 -38 creating the Black Affairs Advisory Board, and provides that the Advisory Board shall consist of seven (7) members; and WHEREAS, Collier County Ordinance No. 91 -77 amended Ordinance No. 91 -38 by increasing the membership of this Board to nine (9) members; and WHEREAS, there is currently a vacancy on this Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Peter Herard is hereby appointed to the Black Affairs Advisory Board to fulfill the remainder of the vacant term, said term to expire on June 25, 2006. This Resolution adopted after motion, second and majority vote. DATED: April 13, 2004 A7171!* BOARD OF COUNTY COMMISSIONERS IH'.ROCK, Clerk COLLIER COUNTY, FLORIDA s.w By: h3` DONNA , irman i '! save - Approved as to form and Item # �` legal sufficiency: Agenda Date �l�� Date Heed f `.[� David C. Weigel County Attorney Deputy ter DCW /kn: h; public; kay;advisoryboards 9 S f. RESOLUTION NO. 2004 -108 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO APPOINT MEMBERS TO THE ENVIRONMENTAL ADVISORY COUNCIL. WHEREAS, on January 27, 1999, the Board of County Commissioners of Collier County adopted Collier County Ordinance No. 99 -6 creating the Environmental Advisory Council; and WHEREAS, Collier County Ordinance No. 99 -6 provides that the Environment Advisory Council shall consist of 9 members; and WHEREAS, there are currently vacancies on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Michael R. Bauer is hereby appointed to the Environmental Advisory Council for a 4 year term, said term to expire on April 13, 2008. 2. Judith M. Hushon is hereby appointed to the Environmental Advisory Council for a 4 year term, said term to expire on April 13, 2008. This Resolution adopted after motion, second and majority vote. DATED: April 13, 2004 ATTEST: DWIGHT E..,•BR lri;Crlerk Ott uty Cfer i'►A' Si atwe Approved as to form and legal sufficiency: David C. Weigel County Attorney DCW /kn:h;public;kay;advisory boards BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONN FIALA, Chairman Item # ��- Agenda !,/ v Date / Date Recd De, ut, z _ RESOLUTION NO. 2004 -109 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO APPOINT MEMBERS TO THE TOURIST DEVELOPMENT COUNCIL. WHEREAS, Collier County Ordinance No. 92 -18, as amended, created the Tourist Development Council and provides that the Council shall be composed of nine (9) voting members pursuant to Section 125.0104(4)(e), Florida Statutes; and WHEREAS, the terms of two (2) members will expire creating vacancies in the categories of Owner /Operator, Non - Owner /Non- Operator, and Ad Hoc Advisor; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Tourist Development Council has provided the Board of County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Douglas House, representing the category of Owner /Operator, is hereby appointed to the Tourist Development Council for a 4 year term, said term to expire on April 21, 2008. 2. Murray H. Hendel, representing the category of Non - Owner /Non- Operator, is hereby appointed to the Tourist Development Council for a 4 year term, said term to expire on April 21, 2008. This Resolution adopted after motion, second and majority vote. DATED: April 13, 2004 ATTEST: DWIGHT E. BROCK, Clerk On ly. Appro as to f6:rm ,and legal sbfyr�ieq, cy -Z"' ' David C. Weigel County Attorney DCW /kn: H; public; kay;advisoryboards BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA • Item # Agenda Date Date F'e('u ° Deput;r !e* - ITEM #lOB APRIL 13, 2004 BCC - REGULAR MEETING HAS NOT BEEN RECEIVED IN THE OFFICE OF MINUTES AND RECORDS AS OF MAY 16, 2005 10C Hideaway Beach Renourishment Project Outline April 13 2004 1 Tourist Development Category "A" Funding Policy provides for TDT funds to be used for beach renourishment, beach maintenance, and beach park facilities including beach access acquisition. 2 An "eligible beach area" (a) has at least one public access point from a public street and (b) is no more than one -half mile from a beach park facility, public access point, hotel or motel or is a " vital tourism area subject to abnormal erosion". 3 Under the Policy, the CAC maintains a prioritized annual Spending Plan for Cat. Funds projected for ten years. 4 The Spending Plan is subject to approval by the BCC (Board of County Commissioners) 5 The CAC and the Parks and Recreation Advisory Board make recommendations to the BCC for the expenditure of Cat A funds through the TDC. 6 The BCC has the authority under the Funding Policy to approve requests for CAT A funding for "eligible beach areas" and to prioritize those requests. 7 The BCC must exercise its discretionary authority under the Funding Policy consistent with applicable laws and regulations and the intent of the Funding Policy itself and must not act in an arbitrary or capricious manner or abuse its discretion. S The beach area on the north shore of Marco Island abutting the south side of Big Marco Pass and adjacent to Hideaway Beach has been classified as a "critical beach erosion area" by DEP, Office of Beaches & Coastal Systems (April 2002 Report). 9 This beach area is one of five critical erosion areas in Collier County according to the DEP Report. 10 On January 9, 2001, The BCC awarded TDC Cat A funds for additional (temporary) T- Groins based on a finding the project served a public purpose. 10C 11 At that meeting, the County Attorney's Office rendered an opinion that there was public access to the Hideaway Beach area through Tigertail Beach Park. 12 Moreover, there have been at least four different County Attorney opinions issued over the last three years or so that the use of tourism tax money to fund beach renourishment and erosion control structures at Hideaway Beach is legal, 13 The BCC should be reminded here that following the 1996 Florida Supreme Court opinion in Lozier v col ier_ C_ ountv_upholding the use of tourist taxes to fund beach renourishment and erosion control on Marco Island inclusive of Hideaway Beach, the County Commission approved the Big Marco and Capri Pass Inlet Management Study. 14 The County has implemented only a part of the recommendation of this Study in approving the above mentioned temporary T- Groins. Among other recommendations, the County's Study recommended a longer term solution for the critical erosion problem at Hideaway Beach. 15 It also should be mentioned that erosion has occurred landward of the Erosion Control Line established on the previously renourished portions of Hideaway Beach in 1991. Section 161.211 Florida Statutes places an obligation on Collier County to maintain the beach at Hideaway Beach where an Erosion Control Line has been established. If the County fails to maintain the beach, property owners may go to the Governor and Cabinet to have them direct the County to restore the beach up to the point of the Erosion Control Line. 16 The current request before BCC for the renourishment of the beach area adjacent to Hideaway Beach is 1. Consistent with the intent of the current Funding Policy 2. Responds to the critical erosion issues identified in the above mentioned DEP Report and the County's own Inlet Management Study relating to Hideaway beach and 3. Helps satisfy the County's obligation relating to the erosion of certain portions of Hideaway Beach landward of the Erosion Control Line, 17 Furthermore, by an aggregate vote of 14 -2, the CAC and TDC have determined that the Hideaway project qualifies for funding under the Funding Policy in that the public beach access which the Hideaway Beach HOA has committed to grant satisfies the first eligibility criterion in the Funding Policy and with respect to the second criterion the Hideaway Beach area is a "vital tourism area subject to abnormal erosion ". 10C 18 With respect to the requirement of public beach access, the BCC should be reminded that in 1979, on the recommendation of the County's Parks Recreation Advisory Board, the County exchanged 200 feet wide beach access at Hideaway Beach for the construction and landscaping of the County's Caxambas boat ramp park which provided public access to the beaches and water by boat. For the County to say now that there is no current public street access to the Hideaway beach area not only ignores the commitment Hideaway has offered to grant a pathway from Spinnaker Drive and the previous County Attorney opinions that public access exists through Tigertail Park, it also unfairly and arbitrarily penalizes Hideaway property owners for exchanging one point of beach access for another. 19 In the light of the overwhelming support of the CAC and TDC and the City of Marco Island for this project, the criticality of the erosion problem as identified by the DEP and the County's Inlet Management Study, and the commitments offered by Hideaway Beach HOA to provide a pathway as a public beach access point and to provide a mechanism for sharing in the costs of the project, there is no valid reason not to approve this application. 20 Indeed, there are adequate funds in the budget to approve this application and accomplish all the other major beach work and meet the requirements of the Funding Policy as to reserves and allocations for beach access and facilities. 21 The development of Marco Island by the County has created the public access issues today. The master plan called for access points every 1,000 feet but the County wanted to have Tigertail Park dedicated to the County in lieu of these access points. The Hideaway Beach PUD required a 200 foot public access point but the County agreed to having Boat Ramps and Parking built at the Caxambas Boat Ramp instead at a cost of $300,000 to the Developer. The County still retains ownership of both of these parcels. 22 In recent years, while still in control of the County, projects along the beach in Marco were permitted without any requirement for beach access, parking or bathrooms. 23 Hideaway Beach participated in the cost of the 1990 Major Re- nourishment of Marco Island. The Association was part of the taxing district that was set up to finance the project. The MSTU for Marco Island was given up for the County's obligation to provide Beach Funding via the Bed Tax. This was proposed by the County and the voters approved a bed tax to pay for Beach Re- nourishment in 1992. 10C 24 Does the County have no obligations along the beaches? Is the County not responsible to protect property upon which they levy taxes? Does the County have the obligation to maintain the established Erosion Control Line? 25 In addition to paying off the original bond for beach re- nourishment on Marco Island the County has funded Beach Re- nourishment items such as Temporary T Groins on two different occasions, Sand Placement, Ongoing Monitoring and in 2003 some additional Sand placement at Royal Marco Way. The County has participated in previous Marco Island and Hideaway Beach re- nourishment 26 Reliance is based on the vote of the Bed Tax and how it was sold to the residents of Marco. Marco Island was able to take care of itself with their MSTU but when the TDC was established the Island gave up that independence. Don't worry about your beach issues. The new tax will allow the County to take care of re- nourishing your beaches. 27 The County Agencies have not maintained the Temporary T Groins on a regular basis. Lynda Charles from the Bureau of Beaches and Coastal Systems made a visit to the area and felt the condition of the Temporary Bags was significant to jeopardize the permit. 28 The establishment of the Erosion Control Line obligates the County to maintain a re- nourished beach under section 161.2111. Existing erosion is landward of that line and the safety of homes and condos is at stake. 29 The current policy from the County calls for a Beach Access from a public street. It does not call for bathrooms or parking lots. Some of the existing areas in Naples, Vanderbilt and Port Royal do not have any of these additional items. Hideaway Beach does not have the power to provide parking and bathrooms. No other PUD or HOA is being required to provide these items to have TDC funds appropriated. The County by the power of eminent domain has that power to provide these items but County staff does not recommend them at this time. 10C 30 Given Hideaway Beach's commitment and offer of Beach Access from Spinnaker Drive to the Beach in addition to the Water Access provide by the improvements at the Caxambas Boat Ramp in the 1980's ; the staff s position is a problematic one which places form over substance and smacks of disingenuous behavior. This disingenuousness is compounded by the fact that neither the City of Marco or Hideaway Beach have been able to sit down with the County Manager in discussions to offer this access point and easement as part of an inter - local agreement. ITEM #lOC APRIL 13, 2004 BCC - REGULAR MEETING HAS NOT BEEN RECENED IN THE OFFICE OF MINUTES AND RECORDS AS OF MAY 16, 2005 MEMORANDUM 100 Date: June 28, 2004 To: Maria Bernal Tourism Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: 2004/2005 Tourism Agreement w/ the City of Naples For Turtle Monitoring for the Gordon Pass Dredging Project. Enclosed please find three (3) originals of the document, as referenced above (Agenda Item #101)), approved by the Board of County Commissioners on Tuesday, April 13, 2004. An original of the document has been retained in Minutes and Records and a copy has been sent to Finance. If you should have any questions, please contact me at 774 -8411 Thank you. Enclosure 2004/2005 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES FOR TURTLES MONITORING FOR THE GORDON PASS DREDGING PROJECT. J T. THIS AGREEMENT, is made and entered into this 13"Iday of *a--, 2004 by and between The City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a Political subdivision of the State of Florida, hereinafter referred to as "COUNTY ". RECITALS: WHEREAS, CITY has submitted an application for Category "A" Tourist Development Tax Funds in the amount of $8000.00 for turtle monitoring for the Gordon Pass Dredging Project pursuant to permit condition (the 'Project "); and WHEREAS, the COUNTY desires to fund the Project. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1 • SCOPE OF WORK. GRANTEE prepared a detailed application and proposal outlining the pass management project to be accomplished, along with a project budget, as part of the grant application process, hereinafter referred to as 'Proposal ", attached as Exhibit "A ". GRANTEE shall provide the project activities outlined in the Proposal within the budgeted amounts provided in the Proposal. GRANTEE shall not be reimbursed for any expenditures not included in the Proposal nor be reimbursed for amounts in excess of those provided in the Proposal unless an amendment to this Agreement is entered into by GRANTEE and COUNTY. 2. PAYMENT AND REIMBURSEMENT. The maximum reimbursement under this Agreement shall be Eight Thousand Dollars and No /100 ($8000.00). GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY upon submittal of an invoice and upon r verification that the services described in the invoice are completed o r pleted or that goods�}�a e been received. GRANTEE shall determine that the goods and services have been properly provided and shall submit invoices to the County Administrator or his designee. The County Administrator, or his designee, shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre- audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "A ". 3. ELIGIBLE EXPENDITURES. Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY'S written request to repay said funds. COUNTY may request repayment of funds for a period of up to one (1) year after termination of this Agreement or any extension or renewal thereof. 4• INSURANCE. GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement and be issued 2 by a company licensed in the State of Florida and provide General Liability Insurance for no 0 D im less than the following amounts: Bodily Injury Liability - $300,000 each claim per person Property Damage Liability - $300,000 each claim per person Personal Injury Liability - $300,000 each claim per person Worker's Compensation and Employer's Liability — Statutory The Certificate of Insurance must be delivered to the County Administrator, or his designee, within ten (10) days of execution of this Agreement by COUNTY. GRANTEE shall not commence activities which are to be funded pursuant to this Agreement until COUNTY has received the Certificate of Insurance. 5. CHOICE OF VENDORS AND FAIR DEALING. GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and subcontractors and/or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of the expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 6. INDEMNIFICATION To the extent permitted by law, GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way 3 100 by the agreed upon Agreement price as shown in this Agreement or GRANTEE'S limit of, or lack Of, sufficient insurance protection. 7. NOTICES. All notices from COUNTY to GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to GRANTEE at the following address: Jon C. Staiger, Ph.D., Natural Resources Manager City of Naples 735 8th Street South. Naples, Florida 34102 All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to COUNTY at the following address: Jack Wert, Executive Director Naples, Marco Island, Everglades Convention & Visitors Bureau 3050 North Horseshoe Drive Naples, Florida 34104 GRANTEE and COUNTY may change their above mailing address at any time upon giving the other party written notification pursuant to this section. 8. NO PARTNERSHIP. Nothing herein contained shall be construed as creating a partnership between COUNTY and GRANTEE, or, its vendor or subcontractor, or to constitute GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. 9• TERMINATION. COUNTY or GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination pursuant to Section 7 and specifying the effective date of termination. If COUNTY terminates this Agreement, COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. M 10. GENERAL ACCOUNTING. GRANTEE is required to maintain complete a docRte accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the terms of this Agreement. 11. AVAILABILITY OF RECORDS. GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement. GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 12. PROHIBITION OF ASSIGNMENT. GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of COUNTY. 13. TERM. This Agreement shall become effective on May 1, 2004, and shall remain effective until sixty (60) days after completion of the project described in Exhibit "A ", but no later than April 30, 2006. 14. AMENDME NTS. This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 15. RECORDATION. This Agreement shall be recorded in the public records of Collier County, Florida. IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. 5 DATED: b' z'S - 0 `f ATTEST: DWIGHT E. BROCK, Clerk At e t' ` ' ty Clerk � to tixglr's Si Ofttorf on 1,1f ApOroved as ;tb- iorm'and legai'sig f4 qjr a` Heidi F. Ashton Assistant County Attorney ATTEST: TARA NORMAN, ity Clerk ROBERT D. PRITT, City Attorney (Corporate Seal) M DC�Agree:2004 /2005 Turtle Monitoring C RE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA IALA, Chairman GRANTEE CITY OF NAPLES BILL BARNETT, Mayor WITNESSES: (1) --- Sign u e Printed/Typed Name —� (2) ---_ ature ('�9 C �•`Ca - 6�i d r�eo Printed /Typed Name Item # 10L Agenda Date ` -13 •0q Date 6 z Recd Marine Turtle Monitoring EXHIBIT "A" BUDGET ',:111 11 100 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL 10D CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Permit - Compliance Marine Turtle Monitoring for the 2003 Gordon Pass Dredging Project 1. Name and Address of Project Sponsor Organization: The City of Naples, 735 Eighth Street South, Naples, Florida 34102 2. Contact Person, Title and Phone Number: Name: Dr. Jon C. Staiger, Natural Resources Manager Address: 735 Eighth Street South City Naples, Florida 34102 Phone: 213 -7120 Fax: 213 -7130 3. Organization's Chief Official and Title: Bill Barnett, Mayor 4. Details of Project- Description and Location: The most important part of the Gordon Pass Inlet Management Plan is periodic maintenance dredging of the Pass. Historically, the U.S. Army Corps of Engineers has been responsible for the dredging. The last dredging occurred early in 2003. The Department of Environmental res extensive daily monitoring for marine Protection permit for the project requires turtles from 01 May through 31 October for three years after project completion. The Conservancy of Southwest Florida already monitors the Key Island beach throughout nesting season, thus the most cost - effective means of complying with the permit conditions is to have their staff conduct the additional monitoring. 5. Estimated project start date: 01 May 2004 6. Estimated project duration: 20 months 7. Total TDC Tax Funds Requested: $8,000 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) Collier Coun ty Tourist 10D st Development Council Category "A" Grant Application Page 2 Permit - Compliance Marine Turtle Monitoring for the 2003 Gordon Pass Dredging Project PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested $ 8,000 TOTAL $ 8,000 PROJECT EXPENSES: (Contractor monitoring) Marine turtle monitoring, May -Oct 2004 $ 4,000 Marine turtle monitoring, May -Oct 2005 $ 4,000 TOTAL $ 8,000 I have read the Tourist Development Category "A" Beach Funding Policy covering beach r ourishment and pass maintenance and agree that my organization will com An i li es and cr' ria. Signature of 9p o or Organizati n's hief facial Date EXHIBIT A Vk LI v A 3 C+ 9 100 Attachments Attached are two letter proposals from the Conservancy of Southwest Florida that outline the cost entailed in complying with the monitoring requirements for the Gordon Pass maintenance dredging permit. The 2003 letter covers the work to be done this summer and the 2004 letter the work to be done the summer of 2005. �y h jb -v A ,�, Dk ? JOD � CONSERVANCY Of Southwest Florida 1450 Merribue Drive • Naples, Florida 34102 941.262.0304 • Fax 941.262.0672 www.conservancy.org September 17, 2003 Dr. Jon Staiger Natural Resource Director City of Naples 735 8ti' Street South Naples, Florida 34102 Dear Dr Staiger: Per our recent discussion, I have attached a budget for monitoring sea turtle activity on the northern portion of the Keewaydin Island beach during the 2004 reproductive season. The cost of this work reflects the monitoring requirements as stated in Permit No. 0176979 -JC, Gulf Intracoastal Waterway Maintenance Dredging, Naples to Gordon Pass, Collier County dated September 12, 2002. Monitoring is required for three years after this dredging project is completed. The figures here are for the 2004 nesting season. The cost for 2005 will mostly likely be the same. If you have any questions or need any additional information, don't hesitate to contact me. Sincerely, p 0----X-1 A-. David S. Addison Biologist SLeading the challenge to protect and sustain SOut hwest Florida's natural environment O 2004 Gordon Pass Maintenance Dredging Keewaydin Island Sea Turtle Activity Monitoring Personnel Supervisor Intern Equipment and Materials AN gas and oil ($10 /mo. for 7 mo.) Mileage (150 MUM. for 7 mo.) Report Preparation Total Ik (� (4- $1,700 1,915 35. 150 200 4,000 February 4, 2004 Dr. Jon- Staiger Natural Resource Director City of Naples 295 Riverside Circle Naples, Florida 34102 Dear Dr Staiger: WIN TBE CONSERVANCY Of Southwest Florida 1450 Merrihue Drive • Naples, Florida 34102 941.262.0304 • Fax 941.262.0672 www.conservancy.org Per our recent discussion, I have attached a budget for monitoring sea turtle activity on the northern portion of the Keewaydin Island beach during the 2005 reproductive season. The cost of this work reflects the monitoring requirements as stated in Permit No. 0176979 -JC, Gulf Intracoastal Waterway Maintenance Dredging, Naples to Gordon Pass, Collier County dated September 12, 2002. Monitoring is required for three years after this dredging project is completed. The figures here are for the third year of monitoring. The cost for monitoring in 2005 is the same as it was for 2004. If you have any questions or need any additional information, don't hesitate to contact me. Sincerely, David S. Addison Biologist iFYW)J A Leading the challenge to protect and sustain Southwest Florida's natural environment. 2005 Gordon Pass Maintenance Dredging Keewaydin Island Sea Turtle Activity Monitoring Personnel Supervisor Intem Equipment and Materials ATV gas and oil ($10 /mo. for 7 mo.) Mileage (150 mi. /mo. for 7 mo.) Report Preparation Total I �Yk lb I $1,700 1,915 35 150 200 4,000 100 .'' #4 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRIADD-L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPW LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE D OCCUR PKFL1011200203 -01 10/01/2003 10/01/NCE $ 2,000.000 NTED e person) $ 250, 000 $ 5 1 000 V INJURY $ Incl uded GENERAL AGGREGATE $ 6,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC PRODUCTS - COMP /OP AGG $ Included A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMP DED - $1,000 PKFL1011200203 -01 10/01/2003--10/01/2004 COMBINED SINGLE LIMIT (Ea accident) X $ 2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X lx PROPERTY DAMAGE (Per accident) $ COLL DED - $1,000 GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS /UMBRELLA LIABILITY OCCUR E� CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ Is Is A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? PROPRIETOR/PARTNERIEXECUTIVE If yes, describe under SPECIAL PROVISIONS below OTHER PKFL1011200203 -01 10/01 /2003 10/01/2004 X WC STATU- OTH- E.L. EACH ACCIDENT $ ] ,UUU, UUU E.L. DISEASE - EA EMPLOYE $ 11000,000 E.L. DISEASE - POLICY LIMIT $ 1, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS BOVE LIMITS ARE INCLUSIVE OF A $100,000 PERSON /$200,000 OCCURRENCE PER F.S.768.28. EXCESS OVERAGE APPLICABLE TO "CLAIMS BILLS ", OUT -OF -STATE AND FEDERAL JURISDICTION CLAIMS ONLY e: 2004/2005 Turtle Monitoring for the Gordon Pass Dredging Project as per agreement with Collier ounty Board of County Commissioners Naples, Marco Island, Everglades Conversation & Visitors Bureau Maria Bernal 3050 North Horseshoe Drive Naples, FL 34104 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSI AUTHORIZED REPRESENTATIVE ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001108) © ACORD CORPORATION 1988 IMPORTANT 10D If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ern�n �a ronn.ne 10 1 MEMORANDUM Date: July 21, 2004 To: Maria Bernal, Tourism Tourism Tax Coordinator From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Agenda Item #10D of the BCC Meeting of April 13, 2004: A 2004/2005 Tourism Agreement between Collier County and the City of Naples for Semi - Annual Monitoring of South Gordon Drive T- Groin Enclosed for your records, you will find a copy of the document above for your records, which was approved by the Board of County Commissioners on Tuesday, April 13, 2004. If you have any questions, contacting me at 774 -8406. Thank you. Enclosure please do not hesitate 108 1 j 2004/2005 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES FOR SEMI- ANNUAL MONITORING OF SOUTH GORDON DRIVE T- GROIN. Vv- THIS AGREEMENT, is made and entered into this.? day of _,2004 by and between The City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" RECITALS: WHEREAS, CITY has submitted an application for Category "A" Tourist Development Tax Funds in the amount of $51,964.00 for the semi- annual monitoring of South Gordon Drive T -Groin (the "Project "); and WHEREAS, the COUNTY desires to fund a portion of the Project. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK. GRANTEE prepared a detailed application and proposal outlining the pass management project to be accomplished, along with a project budget, as part of the grant application process, hereinafter referred to as "Proposal ", attached as Exhibit "A ". GRANTEE shall provide the project activities outlined in the Proposal within the budgeted amounts provided in the Proposal. GRANTEE shall not be reimbursed for any expenditures not included in the Proposal nor be reimbursed for amounts in excess of those provided in the Proposal unless an amendment to this Agreement is entered into by GRANTEE and COUNTY. 2. PAYMENT AND REIMBURSEMENT. The maximum reimbursement under this Agreement shall be Forty -One Thousand Nine Hundred Sixty -Four Dollars and No /100 ($41,964.00). GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY upon 100 submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided and shall submit invoices to the County Administrator or his designee. The County Administrator, or his designee, shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre- audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "A ". 3. ELIGIBLE EXPENDITURES. Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY'S written request to repay said funds. COUNTY may request repayment of funds for a period of up to one (1) year after termination of this Agreement or any extension or renewal thereof. 4. PAYMENT REQUESTS. Payment requests for interim draws and final payment must be submitted to the County in the form of the Request for Funds form attached to this Agreement as Exhibit "D ". All payments are on a reimbursement basis only after proof of paid invoices are 2 100 presented to the County. County may withhold any interim draw for failure to provide the interim status report, and County shall withhold final payment until receipt of the final status report or other final report acceptable to County. 5. INSURANCE. GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement and be issued by a company licensed in the State of Florida and provide General Liability Insurance for no less than the following amounts: Bodily Injury Liability - $300,000 each claim per person Property Damage Liability - $300,000 each claim per person Personal Injury Liability - $300,000 each claim per person Worker's Compensation and Employer's Liability — Statutory The Certificate of Insurance must be delivered to the County Administrator, or his designee, within ten (10) days of execution of this Agreement by COUNTY. GRANTEE shall not commence activities which are to be funded pursuant to this Agreement until COUNTY has received the Certificate of Insurance. 6. CHOICE OF VENDORS AND FAIR DEALING. GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and subcontractors and/or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of the expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 3 100 7. INDEMNIFICATION. To the extent permitted by law, GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or GRANTEE'S limit of, or lack of, sufficient insurance protection. 8. NOTICES. All notices from COUNTY to GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to GRANTEE at the following address: Jon C. Staiger, Ph.D., Natural Resources Manager City of Naples 7358 1h Street South Naples, Florida 34102 All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to COUNTY at the following address: Jack Wert, Executive Director Naples, Marco Island, Everglades Convention & Visitors Bureau 3050 North Horseshoe Drive, #218 Naples, Florida 34104 GRANTEE and COUNTY may change their above mailing address at any time upon giving the other party written notification pursuant to this section. 0 1 r f 9. NO PARTNERSHIP. Nothing herein contained shall be construed as creating a partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. 10. TERMINATION. COUNTY or GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If COUNTY terminates this Agreement, COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. 11. GENERAL ACCOUNTING. GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the terms of this Agreement. 12. AVAILABILITY OF RECORDS. GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement. GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT. GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of COUNTY. 14. TERM. This Agreement shall become effective on October 1, 2004, and shall remain effective until sixty (60) days after completion of the project described in Exhibit "A ", but no later than September 30, 2005. 4i 100 15. AMENDMENTS. This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 16. RECORDATION. This Agreement shall be recorded in the public records of Collier County, Florida. IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DATED: ATTEST: DWIGHT.E,., BROCK, Clerk I J-1 !Attest� u e�i Approved as to form and legal sufficiency: �dj / 1( Z-641-7-- Heidi F. Ashton Assistant County Attorney N. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By. D NNA FIALA, Chairman Item #AP—D— Agenda -13 Date Dat .r� M R C. ATTEST: u AA--1 TARA NORMA , City Clerk Approved as to form and legal sufficiency: ROBERT D. PRITT, City Attorney (Corporate Sea]) 7 100 GRANTEE CITY OF NAPLES BILL BARNETT, Mayor WITNESSES: (I) Signature / I C ce.� -e v/l I,-.. Printed /Typed Name (2) wm"'" mature Jessica. 4-sewgetb Printed /Typed Name 10p - 1114 EXHIBIT "A" BUDGET 54 -Month Monitoring $ 9,752.00 60 -Month Monitoring $ 29,712.00 Structure and Buoy Maintenance $ 2,000.00 Contingency for City /CAC Meetings $ 500.00 TOTAL $ 41,964.00 um COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Semiannual Monitoring of the South Gordon Drive T -Groin Project 1. Name and Address of Project Sponsor Organization: The City of Naples, 735 Eighth Street South, Naples, Florida 34102 2. Contact Person, Title and Phone Number: Name: Dr. Jon C. Staiger, Natural Resources Manager Address: 735 Eighth Street South City Naples, Florida 34102 Phone: 213 -7120 Fax: 213 -7130 3. Organization's Chief Official and Title: Bill Barnett, Mayor 4. Details of Project- Description and Location: The South Gordon Drive T -groin project was constructed in the spring of 2000. It consists of two sheet -pile and armor stone T- groins and two wood permeable or flow - though groins. The purposes of these structures are to retard sand movement off the south end of the Naples Beach into Gordon Pass and to stabilize the beach north of the Pass, an area of significant instability and erosion. The DEP permit for the project requires five years of semiannual monitoring to ensure that the structures do not adversely affect adjacent beaches. For the first three years after project completion we budgeted $39,000 annually for fill placement, in case adverse effects were identified. None were identified, so that requirement was satisfied at completion of the 36 -month survey. This request is for funds to complete the final year's monitoring, 54 and 60 month. 5. Estimated project start date: 01 October 2004 6. Estimated project duration: one year 7. Total TDC Tax Funds Requested: $51,964 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) h, 6, A Z 0� -T 100 . Attachments Attached are: 1) A letter proposal from Humiston & Moore Engineers. The second page includes Tasks C and D (The 54 and 60 -month monitoring events, including the final report) , Task G (Structure and buoy maintenance) , and the "Contingency for meetings..." , the four items covered by the project expenses requested; and 2), A 22 February 2001 memorandum which outlines the monitoring requirements for the entire project. HUMISTON & MOORE ENGINEERS COASTAL ENGINEERING DESIGN AND PERMITTING March 5, 2003 Dr. Jon Steiger, Natural Resources Manager City of Naples 735 Eighth Street South Naples, FL 34102 100 5679 9W"D COU91' NAPLES, FLORIDA 34110 FAX 239 594 2025 PHONE: 239 594 2021 Hand Delivered Re: Contract Amendment for Remaining Project Monitoring 2003 -2005 42 -Month and 4 8-Month Survey with 4 -Year Report (2003/2004), and 54 -Month and 60 -Month Survey with Final 5 -Year Report (2004/2005) HM Fife No. 9 -062, South Gordon Drive Beachfront T -Groin Project Dear Jon, In response to our meeting yesterday, we are providing you with this proposal to amend our contract for professional services to complete the final 0 and 5th year monitoring (42, 48, 54 and 60 -month surveys) and the fourth and fifth year reporting requirements associated with your State Department of Environmental Protection permit for the referenced project above. A description of the proposed monitoring services is provided below. We have provided an estimated cost for each category as well as a total not to exceed amount. We have structured this agreement in this manner at the direction of the City staff. Basic Services A. 42 -Month Monitoring (Lump Sum) 1. Beach and hydrographic survey, 37 wading depth profile ......................$3,120.00 2. Data reduction and analysis ............... ............................... ...................... $4,110.00 3. Coordination with adjacent property owners and their engineer ............... $2,522.00 Subtotal for Task A: ............................................................................................ $9,752.00 B. 48 -Month Monitoring (Lump Sum) 4. Beach and hydrographic survey, (23 offshore profiles, 14 wading depth) .................................................. ............................... $10,910.00 5. Data reduction and analysis ..................................... ............................... $4,71 0.00 6. Report .................................................. ............................... ......................$9,440.00 7. Compaction ................................... ............................... ........ . $2,130.00 8. Coordination with adjacent property owners and their engineer ............. $2,522.00 Subtotal for Task B: ............................................................................................ $29,712.00 �(ht6l� 1of3 .'W C 54 -Month Monitorina (Lump Sum) 9. Beach and hydrographic survey, 37 wading depth profile ......................$3,120.00 10. Data reduction and analysis ..................................... ............................... $4,110.00 11. Coordination with adjacent property owners and their engineer ............... $2,522.00 Subtotalfor Task C: ............................................................................................ $9,752.00 D. 60 -Month Monitorina (Lump Sum) 12. Beach and hydrographic survey, (23 offshore profiles, 14 wading depth) ............................... ..... $10,910.00 .............. ............................... 13. Data reduction and analysis ............... ............................... ...................... $4,710.00 14. Final Report .............................................................. ............................... $9,440.00 15. Compaction .............................................................. ............................... $2,130.00 16. Coordination with adjacent property owners and their engineer ............. $2,522.00 Subtotalfor Task D: ............................................................................................ $29,712.00 Total for Basic Services ....................................................... ............................... $ZLV= Additional Services E Continaencv Fill Placement (..,T &M) following 2004 analysis 17. Full Survey, if needed . ............................................ ............................... $10,910.00 18. Analysis and administration of fill placement, construction observation, wading depth surveys for post fill and payment review ....... $8,650.00 19. Fill placement of 1,000 cy at $15 /yd plus site restoration' ...................... $20,000.00 Subtotalfor Task E: ............................................................................................ $39,560.00 F. Continaencv Fill Placement (T &M) followina 2005 analysis 20. Full Survey, if needed . ............................................ ............................... $10,910.00 21. Analysis and administration of fill placement, construction observation, wading depth surveys for post fill and payment review....... $8,650.00 22. Fill placement of 1,000 cy at $15 /yd plus site restoration ....................... $20,000.00 Subtotalfor Task F: ............................................................................................ $39,560.00 G. Structure and buoy maintenance (T &M 23 Maintenance of structure through rock relocation and/or buoys ............. $,5,000.0 Total for Additional Services: .............................................................................. 584 Contingency for meetings with City, presentation to City or Beach Committee, and DEP (T &M) ($7,500 per year) ......... ............................... $15,000.00 Total for Basic, Additional Services and contingency: ........................................ SlZ8.048.0 ' A budget of $20,000 is recommended for contingency fill placement on the downdrift shoreline (1000 cy at $15 /yd, plus site access restoration) and within the structures, If deemed necessary by permit conditions and monitoring results. C � � 2 of 3 HUMISTON & MOORE ENGINEERS • NAPLES, FLORIDA 10D As you are aware, should the 36 -month monitoring survey to be collected in May 2003 indicate that no fill placement is required, then the contingency fill placement list under Tasks E and F will not be necessary per our DEP permit. We propose to provide services under Tasks A, B, C and D as lump sum and the remaining tasks as time and materials in accordance with the attached fee schedule dated January 1, 2003, included as part of this letter of agreement. Should services be requested which extend beyond the scope of services referenced above, such services will be provided as Additional Services in accordance with the our current fee schedule and general conditions in effect at the time of work. Should you have any questions regarding this agreement, please call. Sincerely yours, HUMIST & M E ENGINEERS Brett D. Moore, P.E. Attachments I� `�A,. 3of3 HUMISTON & MOORE ENGINEERS • NAPLES, FLORIDA HUMISTON & MOORE ENGINEERS COASTAL INGINEERING DCSI(,N AND PERMITTING February 22, 2001 MEMORANDUM To: Jon Smiger Fr: Brett D. Moore Re: Naples T -Groln Project Monitoring HM File No. 9-062 100 5679 STRM1p COURT, UNR• t 10 NAPIM, FLC=AA 3111 o FAX: "15" 2WS- PFIONE: !41 3" Za,:t Listed below are the requirements for the project monitoring associated with the T -groins at the south and of Gordon Drive. Year Timing from construction Survey Tvoe Report Required Contingency I survey Status Comments 2000 Pre- constr Full No I No Com leted I None 52000 Post- constr Full I No I No Completed None 112400 6 -month Full Yes No 50% Completed survey 2101 wool I 12 -month I Full I Yes I No N/A I N/A 112001 1 1B -month I Wedino I Yes i Yes N/A NIA 52002 1 24 -month I Frill I Yes I No i NIA WA 112002 I 30 -month I Wading No I Yes NIA I NIA 52003 1 313-month I Full I Yes I Na I N/A I N/A 112003 1 42- month I Wedino No I Yes N/A NIA 512004 48 -month Full Yes No NIA N/A 1112004 54 -month I Wading No i Yes N/A N/A 52005 80 -month Full Yes No NIA N/A The "Full' survey referenced above involves hydrographic surveying of 23 offshore profiles plus 14 wading depth surveys. The "Wading" survey is all .done from the uplands for 37 profiles to a wading depth of approximately —4 feet NGVD. The contingent survey is a full survey in case there are apparent impacts from the project to the downdrlft shoreline based on the wading depth survey. The reporting evaluates the ongoing performance and evaluation of the project and will determine if there is a need for sand placement on the downdrzft area. �hI�,i ' • 1 oft � 0� -� EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM REQUEST# ( ) INTERIM REPORT TOTAL CONTRACT AMOUNT S TO ( ) FINAL REPORT EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS �Il NOTE: Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE EXHIBIT "D" 18 FILE No . 041 07/15 '04 PM 02:28 I D :RISK MANAGEMENT FAX : 9547230941 0 PAGE 2 COVERAGES THE POLICIES OF INSURANCE LISTED FIELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, IN OD' TYPE INSURANCE POLICY NUMBER POLICY CTIVi POLICY N LIMIT® A Nan GENERAL LIABILITY X COMMERCIAL GENERAL. LIABILITY CLAIMS MADE D OCCUR PKFL1011200203 -01 10/01/2003 10/01/2004 EACHOCOURRENCG 0 2600010001 DAMA A RENTED EDD E 250,0001 ME EXP (Any cne person) E 5,0001 PERSONAL. & ADV INJURY 3 Included GENERAL AGGREGATE $ 61000,000 PRODUCTS - COMPIOP AGO 5 Included PtN'L AGGREGATE LIMIT APPI.IFS PER. POLICY J R8 LOC A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS 9LHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMP DED - $1,000 PKFL1011200203-01 10/012003 10/01/2004 COMBINED SINGLE LIMIT (Es accident) S 21000,000 BODILY INJURY IPer person) S BODILY INJURY (Per sooldenl) S PROPERTY DAMAGE (Per accKlen) b X X COLL DED - S1,000 GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT Z OTHER THAN EA ACC AUTO ONLY; AGO 8 II EXCSBS /UMBRELLA LIABILITY OCCUR D CLAIMS MADE DEDUCTIBLE RETENTION Z EACH OCCURRENCE S AGGREGATE lA S 3 S A WORKER& COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIF ..XFrl]TIVE OFPICERMIEMBER EXCLUDED? IfYyes, descrloe under 8PFCIAL PROVISIONS below PKFL1011200203 -01 10/01/2003 10/01/2004 X WC TA - rp E L. EACH ACCIDENT 1 1,000,00 E.L. D18FASE - CA EMPLOYEE O 11000,000 E.L. DISEASE - POLICY LIMIT 9 11000,000 OTHER D CRIPTiON OP OPORATI NB I LOC TIONS 1 VEHICLES r rr��XCLUSION D6D BY END II EN 1 SPECIAL PROVISIONS ��VE LIMITS ARE INCL�ISIVE OF A $100,0 6"PERSON /EI1- b00 OCCURRENCE PER F.S.768.28. EXCESS OVERAGE APPLICABLE TO "CLAIMS BILLS ", OUT -OF -STATE AND FEDERAL JURISDICTION CLAIMS ONLY Re; 2004/2005 Monitoring of South Gordon Drive T -Groin agreement With Collier County OHOULD ANY OF THE ABOVE DESORIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE IOSUINQ INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT. Collier County Board of County Commissioners BUT FAILURE TO MAIL OUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY 3 301 East Tami ami Trail OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, Naples , FL 34112 AUTHORIZED REPRESENTATIVE ACORD 28 (2001108) FAX; (239)403 -2404 OACORD CORPORATION 1888 lOH RESOLUTION NO. 2004--1-10 A RESOLUTION PURSUANT TO SECTION 112.061(14), FLORIDA STATUTES, ADOPTING THE FEDERAL TRAVEL RATES FOR SUBSISTENCE AND MILEAGE FOR COUNTY EMPLOYEES WHO ARE TRAVELLING ON COUNTY BUSINESS. WHEREAS, the subsistence rates, i.e., monetary allowances for breakfast, lunch and dinner, for county employees traveling on county business have remained the same since at least July 1, 1985; and WHEREAS, the mileage rates for the use of privately owned vehicles for official travel have remained the same since on or about Fiscal Year 1996; and WHEREAS, Section 112.061(14), Florida Statutes, now provides that rates exceeding the maximum travel reimbursement rates specified in that statute for subsistence and for mileage may be established by the governing body of a county by the enactment of an ordinance or resolution; and WHEREAS, the federal government has established travel rates for subsistence that appropriately reflect the cost of living for each city or locale and that are updated annually; and WHEREAS, the federal government has established mileage rates for the use of privately owned vehicles effective January 1, 2004; and WHEREAS, the Board of County Commissioners believes that adoption of these federal rates will allow for the reasonable reimbursement of subsistence costs and mileage to county employees traveling on county business in accordance with an objective standard that is in keeping with good stewardship of tax dollars; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The County shall adopt federal travel rates for per diem subsistence costs, i.e., meals, incurred by county employees traveling on county business. Further, the County shall and hereby does adopt these rates as they may change from year to year. In calculating per diem subsistence rates, the County shall not allow a flat rate for incidentals such as fees and tips. Reimbursement for parking and other expenses as set forth in Section 112.061, Florida Statutes, shall continue to be governed by that statute 1 10H and the dually approved Business Travel Procedure of the County Manager (CMA #5310), as it may be amended from time to time. 2. The County shall adopt the federal mileage rate of $0.37.5 per mile where a county employee is traveling on county business and has been authorized to use his or her personal vehicle, provided that such travel and such reimbursement shall be in accordance with CMA #5310, as it may be amended from time to time, and which currently requires that an effort be made to obtain a county vehicle before authorizing a county employee to use his or her private vehicle for county business travel. 3. The per diem allowance for lodging shall continue to be governed by Section 112.061(a) and CMA #5310, as it may be amended from time to time, provided that the allowed rates for meals shall be those set forth in the federal travel rates as stated in paragraph 1 above. 4. The Board of County Commissioners also hereby approves the amended County Manager Business Travel Procedure (CMA #5310), which is attached as Exhibit A to this Resolution. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of N ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E, ,Brock, CLERK COLLIER COUNTY, FLORIDA By. ; EPUTY CLERK �� By. Dona i AI Att#`s at, to Cht�t'�Mt''t sigrat "acct on3r' . Approved. as i6-form and legal sufficiency: Michael W. Pettit Chief Assistant County Attorney Item # —nda Y2_ /X D, f y�� OH Jj . 0 CMA# 5310 SUBJECT: Business Travel Effective Date: May 13, 1998 (Revised: October 1, 2001; Revised: October 1, 20037 Revised: April 2004 A. PURPOSE: The purpose of this Instruction is to provide for the implementation of a Business Travel procedure authorized by the County Manager. B. CONCEPT: It is the policy of the County to encourage business travel by paying applicable expenses of employees and candidates for executive and professional positions when the travel is necessary or beneficial to the County and the expenses are incurred in the pursuit of County business. County employees are often required to travel when conducting County business. The benefits of this travel fall in the areas of training, maintaining currency on government regulations, exchanging ideas, accomplishing a certain task and /or solving a particular problem on behalf of the County. Due to the necessity for travel, the following regulations (in accordance with Section 112.061, Florida Statutes) have been formulated to provide consistency in submitting and processing travel requests and to establish proper accounting procedures for travel. All such travel will be completed at the most economical and reasonable cost. An employee may request expenses (including meal and lodging costs) as business expenses if two conditions are satisfied: 1) travel is necessary or beneficial to the County, and 2) expenses are incurred in pursuit of County business. All travel must be pre- approved as outlined in 3. "Approval of Travel Expenses" 1. Definitions: a) Official Headquarters - The city or town in which the office of an employee is located except that: (1) An employee located in the field will be designated an official headquarters in the city or town nearest to the area where a majority of his /her work is performed or to one designated by the Department Director; provided that in all cases the determination is in the best interest of the County. (2) After being continuously stationed in any city or town for a period of over thirty (30) continuous workdays, such a location will be designated as the official headquarters and no per diem will be allocated without express approval by the County Manager. (3) A traveler may leave his /her assigned post to return home, but any time lost from regular duties shall be taken as vacation and authorized in the usual manner. Reimbursement for such travel will not be permitted in excess of the rate for per diem allowance had he /she remained at their post. However, such an employee who has been temporarily assigned away from his /her official headquarters for over thirty (30) days will be entitled to reimbursement at the established rate EXHIBIT iUH for one round trip per thirty (30) day period actually taken to his /her home in addition to pay and allowances otherwise provided. b) Designated Representatives - Approval to incur payment of Business Related Travel Expenses may be granted by the following Designated Representatives: County Manager Deputy County Manager County Attorney Division Administrators Chief Assistant County Attorney Department Directors Executive Director - Airport Authority and equivalent C) Travel Day - a period of 24 hours consisting of four (4) quarters of six (6) hours each. d) Travel Period - shall begin at the time of departure from employee's normal base of operation or residence whichever is later. Per diem reimbursement will be based on the basis of one -fourth (1 /4) of the authorized per diem for each quarter. (1) More than 24 hours - For travel involving periods in excess of 24 hours, quarters shall start at midnight, 6:00 a.m., Noon, or 6:00 p.m. whichever nearest precedes the actual time of departure. In the same manner, per diem will cease at whichever of the above times nearest follows the actual time of return. (2) Less than 24 hours — For travel of less than 24 hours but involving an overnight absence, the travel period begins at the actual time of departure and quarters shall be computed from that time. e) Travel Classifications - Travel shall be classified as follows. (1) Class "A" Travel - continuous travel of 24 hours or more away from the official headquarters. (2) Class "B" Travel - Continuous travel of less than 24 hours, which involves overnight absence from official headquarters. (3) Class "C" Travel - Travel for short or day trips where the traveler is not away from his /her official headquarters overnight. 2. Lodging and Meal Allowance: a) Lodging - Actual cost of lodging at a single occupancy rate or full cost for lodging at the designated seminar or conference designation. b) Meal Compensation Rate: The meal compensation rate (i.e., subsistence rate) shall be determined by finding the city or county on the prevailing Federal Travel Regulations listing which shall be provided to each Department or at the internet address below and applying the Domestic Per Diem Rates — Meals and Incidental Expense Breakdown in 10H AM. accordance with the criteria below. Per Diem is only allowed for meals; incidentals are not part of the allowable per diem. A copy of the appropriate schedule highlighting the city /county of destination and a copy of the Domestic Per Diem Rates — Meals and Incidental Expense Breakdown chart shall accompany all requests for reimbursement. To locate the amount of reimbursement on the internet for meals while you travel go to www.-gsa.gov and put your cursor on "Policy" on the menu bar across the top for a drop down menu. Scroll down and select "Travel." Once on the "Travel" page go to the right hand column and select "Per Diem Rates " When that page comes up, click on "Visit Now" in the center of the page You are now on a page that allows you to select the "NEW ! ! ! 2004 Domestic Per Diem Rates" in the middle of the page Click "OK" on the page that follows and then click on Florida on the map to the right of the page. (1) Breakfast - when travel begins before 6:00 a.m. and extends beyond 8:00 a.m. .............3 -9A Per prevailing federal rate for locale (2) Lunch - when travel begins before 12:00 noon and extends beyond 2:00 p.m. • • • • • • • $6 99 Per prevailing federal rate for locale (3) Dinner — when travel begins before 6:00 p.m. and extends beyond 8:00 p.m. or when travel occurs during nighttime hours due to special assignment. • • • • • • • • •.$ I I_iaa Per prevailing federal rate for locale (5 4) If meals are included in registration fees, standard allowances must be reduced using the above breakdown amounts. Meal functions sponsored by organizations such as professional associations will be paid based on support (receipt) documentation. (6 5 ) Actual meal costs will be reimbursed for any employee who must follow a medically prescribed diet. C) Per Diem Expenses for Class A and B Travel: (1) Travelers may elect either $50 per diem or, if expenses exceed $50, the actual cost of lodging at single room occupancy rate plus meal allowance as outlined in Section B.2 of this policy. (2) Travelers will not be reimbursed on a per diem basis for Class "C" travel, but will receive compensation as provided in Item 2 b) of this practice. 3. 10H a 11 Approval of Travel Expenses: a) All travel that is expected to result in reimbursement of eligible expenses must be pre- approved by the designated representative and authorized in writing on the appropriate travel request and/or voucher for reimbursement form. Requests From: Division Administrator Department Director Supervisors and lower levels Designated Representative County Manager Division Administrator Department Director b) This shall apply to out of County travel for both regular business and professional development. C) All travel must be approved in advance. In emergency situations, the designated representative may give verbal approval. (1) Any orally approved travel must be followed by proper authorization procedures upon return from that travel. (2) The designated representative's signature on "Voucher for Reimbursement of Travel Expenses" Form C676, shall constitute certification that the travel was properly authorized and approved by the designated representative. (3) Only original forms must be submitted to Finance. 4. Cash Advance Policy: a) Advances for anticipated travel expenses should be requested at least one week prior to the expected departure. To avoid unnecessary paperwork, it is suggested that advances not be obtained for less than $50. b) Cash advances for travel will be limited to advances for ground transportation, seminar registration (if not paid under a separate request for check), and allowances for food and lodging. Advances for airfare will be provided only in the case of an emergency trip when it is not possible to secure plane tickets in accordance with other sections of this policy. C) Cash advances will not be granted unless sufficient funds are available in the appropriate cost center or the Department Director submits a budget amendment in accordance with the County's financial procedures. d) Any unused advances must be repaid within ten (10) days and submitted with the final expense report. Direct payments to an organization, business or vendor for registration, meals, materials, travel, and the like will not be considered travel advances. 0` H7 5. Use of County Vehicles: A County owned vehicle, if available, may be used for travel if usage time is not prohibitive. 6. Use of Privately Owned Vehicles: a) The prevailing rate shall be the amount per mile authorized by Seetio begins the federal government mileage rates in effect for use of privately owned vehicles at the time of travel For the year beginning January 1, 2004, that rate is 37.5 cents In order to determine the mileage amount for privately owned vehicles in subsequent years, go to the www.gsa.gov web address. On the menu bar across the tom put your cursor or "Policy" and scroll down and select "Travel." This takes you to a new page and in the left hand column, the third selection from the bottom is "Privately Owned Vehicle Reimb Rates." Click on that selection In the center of the page that comes up you will find the privately owned vehicle reimbursement rates. A highlighted copy of the appropriate federal rate shall be attached to requests for reimbursement . Mileage between cities /counties will be allowed, based on the current Florida official road map and reasonable travel within cities /counties. b) For out -of -state travel, the mileage amount plus parking and toll fees may not exceed the amount charged for air transportation at rates not to exceed coach rates available at the time a travel authorization is processed. c) Employees who receive a vehicle allowance will not be eligible tc receive mileage reimbursement. Lodging and meal reimbursement will be allowed for the time that would have been required to make the trip by air carrier. d) Private vehicle owners will be responsible for all insurance on their vehicles. e) An effort to obtain a County -owned vehicle must be made prior to authorization of private vehicle use for County business. 7. Use of Commercial Airlines: a) Travel by commercial airlines may be authorized in cases where use of commercial airlines is of advantage to the County. Air travel will be scheduled at coach rates whenever possible. In the event of emergency travel, other than coach accommodations will be permitted only when coach is not available and no other travel arrangements are possible. Pre - planning should be used to take advantage of various airline discount special rates. Only tickets for authorized County travel requirements are allowed to be charged to Collier County. 8. Special Procedures: a) When driving to an approved business meeting, conference or seminar outside the Naples area, but within the State of Florida, meal allowances will be allowed for normal meals enroute as provided by this policy. 1Uh, b) When reimbursement for lodging and meals is to be provided by other agencies (government or non - government), employees may be paid at the reimbursed rate if it exceeds the County's rate. 9. Inclusions and Exclusions as to Authorized Expenses: In addition to meals and lodging, the following actual expenses incurred as a necessary part of approved travel may be claimed with submission of receipts or documentation: a) Registration fees b) Official telephone calls (indicate on hotel bill personal or business) C) Reasonable commercial transportation cost actually paid by the traveler to /from commercial d) Terminals and place of lodging and to /from places of business e) Parking fees f) Mileage for approved use of private vehicle g) Rental car cost, including tax if paid h) Fuel and emergency repairs for County -owned vehicles i) Road toll charges j) Air fare, if reimbursement is requested with receipt 10. Reporting Expenditure: a) After returning from the trip, an expenditure report and required receipts must be completed by the employee and submitted within ten (10) days to the Finance Department. 11. Administrative Hardship: a) If any of these provisions create undue administrative hardship on any of the departments involved, the County Manager may grant exceptions within the limitations contained in Section 112.061, Florida Statutes based on written requests. 12. Spouses: a) When the spouse accompanies the employee, the spouse's expenses will not be reimbursed. The employee will pay the difference between single and double accommodations and all other expenses including transportation, meals, etc. 10H It 13. Compensation: a) Any time during the business trip in which employees actually perform work related to their current position is considered work time. b) Employees traveling on business will be paid for time spent traveling (except for meal periods) during their normal working hours on their non - working days, such as Saturday, Sunday, and holidays, as well as on their regular working days. C. CURRENCY: The Human Resources Department is responsible for maintaining the currency of this Instruction. D. REFERENCE: Collier County Personnel Ordinance, Ordinance No. 2001 -50: Business Travel: It is the policy of the County to encourage business travel by paying applicable expenses when the travel is necessary or beneficial to the County and the expenses are incurred in the pursuit of County business. Arthur #/Rutcnbc:rg Humes December 5, 2002 Charles Healy, President Palm River HOA 633 Cypress Way East Naples, Florida 34110 RE. Little Palm Island Dear Mr. Healy: 101 The purpose of this letter is to transmit an original copy of the agreement signed today. Thank you for working with me to complete this task. I wish you and all of Palm River a very joyous holiday season. [ will be in contact with you when our engineers have finished the construction plans for Little Palm Island. I look forward to meeting with you again soon. Sincerely, KEYSTONE CUSTOM HOMES / �4 David H. Farmer Vice President Land Development Kt:01 rte CUSIUIII Humes inc • all IIIOCPClll)Cnt hdllLln6e .48UU Hwll1 Nuie erne • 8onda :po "pS. ~L 34134 • 239.498 -4560 • Fad .3y-4•1d 4!;o I CGCI 1504t95 •Licensed Neal Estate Broker • wwwartunes com 10% Agreement Between 1 Palm River Homeowners Association and Keystone Custom Homes This Agreement is entered into between the Palm River Homeowners Association, Inc. (PRHOA) and Keystone Custom Homes, Inc (Developer) as of this �_ day of December, 2002. In consideration of Ten Dollars in hand paid each to the other and mutual promises contained herein, the parties agree to the following: I ) The purpose of this Agreement is to set forth the rights and responsibilities of the Developer and PRHOA, with respect to the development of that certain real property known as Little Palm Island (as referenced by Collier County PSP 2000 -10 -AR -1902 and ST- 99 -02). All of the terms and conditions of this agreement will be incorporated into and made part of any Site Development Plan (SDP) and all development orders that allow or authorize the development of the property described on the attached Exhibit "A ". 2) The Developer will install speed humps, prior to site construction, at it's cost wherever the county directs to slow down the truck traffic. 3) The Developer will provide as much advance notice as possible to the PRHOA of development activities and changes in construction scheduling. The Developer will notify the PRHOA a minimum of two weeks prior to the start of site cleating and construction. The Developer will act in good faith to provide the PRHOA with project related information in a timely manner. 4) The Developer will include the following special conditions in bid packages for infrastructure improvements and contractually bind the selected bidder and associated sub - contractors to comply with them for the duration of the site improvement construction: i) The construction traffic making deliveries or removing materials from the site shall be limited to the hours between 9 AM and 3 PM Monday through Friday on school days and 8 AM and 5 PM on Saturday and non - school days. Examples of traffic limited to the above hours are flatbed trucks, dump trucks, cement trucks and other non - passenger vehicles wider than eight feet (8'). There shall be no construction traffic on Sundays. ii) The PRHOA understands certain phases of construction may need to deviate from the above time limitations. Specifically, when concrete curbing is being placed and when asphalt is being placed the contractors and material suppliers associated with these two phases have limited times of availability due to the nature of the work or the inherent qualities of the materials. The Developer 101 will provide as much notice as possible as to when a deviation will be necessary. The Developer's contractor(s) will provide flagmen along the construction traffic route if the deviation results in construction traffic when children are waiting for school busses. iii) The construction traffic bound by the hours stated above is limited to the following specific routes: (a) Loaded Vehicles shall use Palm River Boulevard Vikin Wa ' and Cypress Way West for entry purposes through the- Palm River Community (b) Empty Vehicles shall use Cypress Way East for exiting the Palm River Community. Only prearranged deviations from these routes will be acceptable. Deviations will be signed by both the Developer and PRHOA. iv) The Developer will limit staging and parking of materials and equipment to the Little Palm Island site. Hosing or washing down of vehicles and equipment will only occur at the project site. The only exception to the staging limitation is off -site areas to be improved by the Developer. Examples of off -site improvements are water main extensions, gravity sewer extensions, drainage improvements and other necessary improvements shown on the approved construction plans. Off -site staging shall be limited to the specific materials and equipment to be used within the following 24 -hour period. No parking on adjacent or neighborhood streets of vehicles or equipment associated with this project. 5) The Developer will place and maintain signs, in the public ri prior to the start of construction. The purpose of the signs will be to forewarn the community that construction traffic may be present during the specific hours and days stated above. Witn s 14t , Keystone Custom Homes, Inc., Corporation B c� _ Pri d Name Paula J. Davis, President Witness Printed Name Palm River Homeowner's Association, Inc. A Flo ' Corporation' By: t GL L Charles Healy, President 1° ""C:I ar Z ITEMS TO BE STIPULATED AND AGREED TO BY DEVELOPER /APPLICANT 101 AS PART OF PSP 2000-10-AR-1902 [see February 13, 2001 BCC Mi uesj ST -99 -OZ 1 The developer will provide as much advance notice as possible to the Palm River Homeowner's Association of development activities and changes in construction tio scheduling, with the first notice appearing a minimum to two weeks prior to the start f site clearing and construction. The developer will act in good faith to provide the P m River community with the project related information in a timely manner. a Palm ' 2• Prospective bidders for infrastructure improvements shall be notified in their packages of the following special conditions [which will be established in discussio bid between the residents and the developer prior to the preparation of the bid request ns documents] and shall be contractually bound to comply with them for the duration site improvement construction: on of A. project construction traffic shall be scheduled so as to minimize inconvenience and impact to the existing residents of Palm River. This may include limiting construction traffic to certain hours and days. B. construction traffic shall be limited to those specific routes agreed to b the County and the developer in consultation with the Palm River y Homeowner's Association. C. signs will be placed in the public right -of -way prior to the start of construction, at the developer's forewarning the community that construction traffic might be utilizing these roads during specific hours and days. D. the developer at its cost will install speed humps wherever the County directs to slow down the truck traffic. �' E. If Palm River establishes an MSTU /MSBU the developer will commit its property to participate in that MSTU /MSBU and stipulate to joining in any petition and being assessed . F. final plat approval will be a regular agenda item and not a consent agenda item. G. the project road, even though it's a private road to be maintained by the homeowners of the new development, is to be open to the public at all time. This requirement and condition will be part of any plat, on the face of and part of the plat, and cannot be modified or removed except with the consent of the County after a duly noticed public hearing and the approval of the Palm River Homeowners Association. 3 None of the foregoing will be modified or amended without the approval of the Board of County Commissioners considered as a regularly scheduled agenda item Id 1 L-, I 1310, g cc G 2 'AddItlUlldl 5tipUldtlUtlS rcyuC-5tad try LoUlIMILI llty 101 Parking and staging ut dll equipment 5tldll be url the 1.cvelvp t.-W ! q= aild no parking on the streets adjacent to neighborhood Streets. Z Any washing or hosing down of trucks and/or vehicles shall occur un the development site or off site, but not within the neighboring community and subdivison. 101 „ .. } CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS - (INFRASTRUCTURE) THIS AGREEMENT entered into this Z2 I!4 day of �W 2004 by Horse Creek Partners, LTD., a Florida limited partnership (hereinafter "Developer "), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter the "Board ") and Orion Bank, a Florida banking corporation (hereinafter "Lender "). ' RECITALS A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Horse Creek Estates. B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ( "Estimate ") prepared by Q. Grady Minor & Associates, P.A., a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Unified Land Development Code require the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated December 19, 2003 (the "Construction Loan ") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $1,332,815.00, and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1 • Developer will cause the water, sewer, roads, drainage, and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within 18 months from the date of approval of said subdivision plat. 2• Developer hereby authorizes Lender to hold $1,332,815.00 from the Construction Loan, in escrow, pursuant to the terms of this Agreement. The current Orion Bank account number for this account is 7506552 -3001. 3. Lender agrees to hold in escrow $1,332,815.00 from the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually 101 disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10 %); and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of $133,281.50 which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the Development Services Director to the effect that: (a) Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this agreement; (b) The County, or its authorized agent, will complete the work called for under the terms of the above- mentioned contract or will complete such portion of such work as the County, in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above - mentioned development work; and, (d) The County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Lender for release of the specified funds to the Developer. Payment by the Lender to the Developer of the amounts specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Regulations. 101 7. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, p'ither: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement. 10. The Developer shall maintain all Required Improvement for one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer and upon submission of a written request for inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this jjgpday of March, 2004. DEVELOPER: HORSE CREEK PARTNERS, LTD., a Florida limited partnership By: BBMP, LLC, a Florida limited liability company, as its general partner By: Ala chi fman, nagei ATTEST: DWIGHT B:1-SR0CXC;.CIerk b pC. Du a a nature, PO P. Approved as to form• u' d legal sufficiency: LENDER: Orion Bank, a Florida banking corporation By: Name: ti \L E Title: V t C !� �'�� .�� 16 �-- N-T BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Chairman %3 "X y' iA.LA ssistant 0yuntyAttorney, J6NNl Gb0. A. Ott Lp%L -O r o S: \Greg \Client Folders\Horse Creek Partners\Construction, Maintenance and Escrow Agreement for Subdivision lmprovements.doc Item n e. —tiff © _aa -oq ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS FOR SUBDIVISION IMPROVEMENTS AT HORSE CREEK ESTATES Prepared by: Q. Grady Minor & Associates, P.A. Civil Engineers # Land Surveyors # Planners 3800 Via Del Rey Bonita Springs, Florida 34134 (239) 947 -1144 (239) 947 -0375 (F) SEPT., 2003 rev. Oct., 2003 6G'l 101 SCHEDULE "A" CLEARING AND EARTHWORK A -1. Clearing, grubbing and preparation of berm areas, roadway rights -of -way, easements and building areas as designated by the Engineer in the field including chipping and grinding of all materials on the Owner's property and then disposal of all residue off the Owner's property, all as specified, per acre complete. A -2. Excavation of lakes, roadways and easement areas including placement and compaction of excavated material to construct roadways, lake banks, berms, home sites and other areas as designated in the field by the engineer. Compaction testing required in roadway areas. Per cubic yard of in place material excavated. Includes removal of ledge around existing lake. This item is handled by the excavation permit. A -3 Blasting of underlying rock lense in excavation area. This item is handled by the excavation permit. A -4 Construct silt fence prior to the start of construction and maintain in place until completion of construction per plan and details per lineal foot installed. UNIT QUANTITY UNIT PRICE TOTAL PRICE L.F. 1 15,000 $1.60 $24,000.00 Total Schedule "A" $ 110,400.00 F:UOB \LITTLE PALM ISLAND \LPIENG \Mjd \OPNCST.DOC 101 SCHEDULE "B" DRAINAGE IMPROVEMENTS Furnishing and handling of all required materials, dewatering, bedding material (if necessary), rock removal and disposal off -site (if necessary), installation, backfilling, compaction, compaction testing in roadway areas, final grading, coordinating with other contractors and utility companies, flushing, clean-up, seeding of all areas disturbed by construction, repair of any damage caused by construction and other items necessary to complete the system and provide the owner with a complete working drainage system as shown on the drawings and specified on these contract documents. Pipe measurement is to outside of structures. ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL PRICE B -1 12" PVC L.F. 396 $17.00 $ 6,700.00 B -2 15" RCP L.F. 389 $24.00 $ 9,300.00 B -3 18" RCP L.F. 509 $27.00 $13,700.00 B -4 24" RCP L.F. 1,383 $33.00 $45,600.00 B -5 30" RCP L.F. 1,765 $45.00 $79,400.00 B -6 36" RCP L.F. 618 $50.00 $30,900.00 B -8 Yard Drain EA. 5 $200.00 $ 1,000.00 B -8 Inlet Type 'C' & 'E' Modified EA. 12 $1,200.00 $14,400.00 B -9 Valle gutter inlets EA. 24 $1,500.00 $36,000.00 B -10 Junction Box EA. 6 $1,300.00 $ 7,800.00 B -11 18" Headwall EA. 1 $900.00 $ 900.00 B -12 30" Headwall EA. 4 $1,000.00 $ 4,000.00 B -13 36" Headwall EA. 2 $1,300.00 $ 2,600.00 B -14 Site grading L.S. 1 $6,000.00 $ 6,000.00 Total Schedule "B" $ 258,300.00 F:\JOB \LITTLE PALM ISLAND \LPIENG \Mjd \OPNCST.DOC 101 SCHEDULE 'C' SANITARY SEWAGE COLLECTION SYSTEM Includes furnishing and handling of all required materials, connection to other pipelines, all excavation (including rock and over- excavation if necessary), de- watering, bedding material (if necessary), pipeline installation, back filling (imported fill if necessary), compaction, compaction testing in roadway areas, televised tape, infiltration and exfiltration testing, flushing, grouting, clean-up including resodding areas previously sodded, seeding all areas disturbed by construction, providing complete as-built drawings and other items necessary to complete the system and provide Owner, DEP and Collier County with a complete working sewage collection system as shown on the drawings and specified in these contract documents. ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL PRICE C -1 8" Gravity Sewer L.F. 2,460 $19.00 $46,700.00 0' -6' Cut C -2 8" Gravity Sewer L.F. 1,800 $24.00 $43,200.00 6' -8' Cut C -3 8" Gravity Sewer L.F. 790 $27.00 $21,300.00 8' -10' Cut C -4 Manhole 0' -6' Cut EA. 9 $1,800.00 $16,200.00 C -5 Manhole 6' -8' Cut EA. 6 $2,000.00 $12,000.00 C -6 Manhole 8' -10' Cut EA. 3 $2,500.00 $7,500.00 C -7 Service laterals including main line wye, 6" service line, bends, fittings, double wyes (if required), plugs, clean-outs, locators, etc. per details Single Services EA. 4 $500.00 $2,000.00 Double Services EA. 56 $550.00 $30,800.00 C -8 Sanitary sewer EA. 1 $60,000.00 $60,000.00 Pump station Complete per pump station detail sheet and Collier County requirements C -9 4" C900, CL200 L.F. 30 $15.00 $450.00 PVC force main C -10 4" C900, CL 150 L.F. 1,050 $17.00 $17,900.00 PVC force main Total Schedule 'C' $ 258,050.00 F:UOBILITTLE PALM ISLANDILPIENG \Mjd \OPNCST.DOC 101 SCHEDULE 'D' WATER DISTRIBUTION SYSTEM Includes furnishing and handling of all required materials, joint restraint, thrust blocks, connection to other pipelines, all excavation (including rock and over - excavation if necessary), dewatering, bedding material (if necessary), pipeline installation, back filling (imported fill if necessary), compaction, compaction testing in roadway areas, pressure testing, disinfecting pipelines, flushing, clean-up including resodding areas previously sodded, seeding all areas disturbed by construction, providing complete as-built drawings and other items necessary to complete the system and provide the Owner and Collier County with a complete working water distribution system as shown on the drawings and specified in these contract documents. ITEM DESCRIPTION UNI QUANTITY UNIT PRICE TOTAL PRICE D -1 8" PVC water main L.F. 4,800 $20.00 $96,000.00 D -2 8" Gate valve EA. 7 $800.00 $5,600.00 D -3 Permanent sample point EA. 2 $1,500.00 $3,000.00 D -4 Fire hydrant assemblies EA. 12 $2,500.00 $30,000.00 D -5 Single service assemblies EA. 1 $300.00 $300.00 D -6 Double service assemblies EA. 54 $300.00 $16,200.00 Total Schedule ID' $ 151,100.00 F:\JOB \LITTLE PALM ISLAND \LPIENG \Mjd \OPNCST.DOC 10, Zia] 1, ROADWAY CONSTRUCTION Roadway construction complete per the plans and Collier County specifications including stabilized subgrade, stabilized shoulder, limerock base, tack coat, asphaltic concrete, required testing by an independent laboratory, roadside fill and grading for full width of right -of -way and easements, finish grading, seeding and mulch. ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL PRICE E -1 3/4 "Asphalt Type S -3 (1 lift only) S.Y. 14,000 $2.50 $35,000.00 E -IA 3/4 "Asphalt Type S -3 (1 lift only) S.Y. 14,000 $2.50 $35,000.00 E -2 6" Limerock Base S.Y. 14,000 $6.00 $84,000.00 E -3 12" Stabilized Sub grade S.Y. 14,600 $3.00 $43,800.00 E -4 2' Concrete valley gutter and H/C curb cuts L.F. 10,200 $5.00 $51,000.00 E -5 5' Wide concrete sidewalk L.F. 10,200 $7.00 $71,400.00 E -6 Stop sign w /street sign on top including 24" widestop bar EA. 1 $400.00 $400.00 E -7 Seed limit sign EA. 2 $400.00 $800.00 E -8 Regulatory signs EA. 2 $400.00 $800.00 E -9 2" PVC conduit (w /cap and locator typical) (70 LF EA. 20 $350.00 $7,000.00 E -10 2" PVC conduit (50 LF) EA. 60 $250.00 $15,000.00 E -11 4" PVC conduit (70 LF) EA. 20 $450.00 $9,000.00 E -12 4" PVC conduit (50 LF) EA. 60 $300.00 $18,000.00 E -13 Bahia Sod S.F. 15,000 $0.20 $9,600.00 E -14 Final grading L.S. 71 $7,500.00 $7,500.00 Total Schedule 'E' $ 388,300.00 F:VOB \LITTLE PALM ISLAND \LPIENG \Mjd \OPNCST.DOC 101 SCHEDULE 'F' STREET LIGHTING Provide street lighting at one fixture per 200 linear feet of roadway. ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL PRICE F -1 Street Lighting EA. 29 $1,500.00 $43,500.00 Total Schedule 'F' $ 43,500.00 F:UOB \LITTLE PALM ISLAND \LPIENG \Mjd \OPNCST.DOC 101 SCHEDULE 'G' PLAT MONUMENTATION Setting of permanent control points per plat. ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL PRICE G -1 Plat Monumentation L.S. 1 $2,000.00 $2,000.00 Total Schedule'G' $ 2.000.00 FAJOB\LITTLE PALM ISLAND \LPIENG \Mjd \OPNCST.DOC 101 BID SCHEDULE SUMMARY SCHEDULE 'A' Clearing and Earthwork $110,400.00 SCHEDULE.-* Drainage Improvements $258,300.00 SCHEDULE 'C' -Sanitary Sewage Collection System $258,050.00 SCHEDULE 'D' Water Distribution System $151,100.00 SCHEDULE 'E' Roadway Construction $388,300.00 SCHEDULE'F' Street Lighting $ 43,500.00 SCHEDULE 'G' Plat Monumentation $ 2,000.00 TOTAL $ 1,211,650.00 F:UOBILITTLE PALM ISLANDILPIENG\Mjd\OPNCST.DOC Retn: 3380259 OR: 3542 PG: 3253 CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL INTEROFFICE 4TH FLOOR 04/15/2004 at 08 :17AR DWIGHT B. BROCK, CLERK E %T 7240 RESOLUTION NO. 2004- 113 10i RBC FEE 19.50 COPIES 4.00 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVESMT2003- AR5088 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE UTILITY EASEMENT CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT AND RECORDED IN OFFICIAL RECORD BOOK 637, PAGE 857, AND IN ALL OF THE DRAINAGE EASEMENT CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT AND RECORDED IN OFFICIAL RECORD BOOK 2248, PAGES 1057 THROUGH 1058, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 125.01(t), Florida Statutes, Michael Delate, P.E., from Q. Grady Minor & Associates, P.A., as agent for the petitioner, Horse Creek Partners, Ltd., does hereby request the vacation of a portion of the Utility Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 637, Page 857, and all of the Drainage Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 2248, Pages 1057 through 1058, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the Utility Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 637, Page 857, and all of the Drainage Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 2248, Pages 1057 through 1058, Public Records of Collier County, Florida; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interests in the following described portion of the Utility Easement and in the following described Drainage Easement be and are disclaimed, renounced and hereby vacated, and this action is declared to be in the Public's interest and will provide a public benefit: See Exhibit "A" attached hereto and incorporated herein. Page 1 of 2 10J OR; 3542 PG: 3254 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida. This Resolution is adopted this day of after motion, second and majority vote favoring same. DATED: /131 -X ATTEST: DWIGHT E. BROCK, Clerk (' r eput lerk -. Attest &�' 'irlq: ti�'wIMA s signeturt'041J.• Approved as to form and legal sufficiency: �cj �� Jen ' er A. Belped' Assistant County At rney Item # Agenda Date O Date Recd M BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:� Donna Fiala, Chairman Page 2 of 2 0 a 00 C M 0 rn 0 P. 0. C. THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 23, 15r ��4q COLLER COUNTY, FLORIDA.GE 25 EAST, 2iG y T S 003155" E 1532.84 P. 0. B. N 8978'05" E 584.83' �-- = - -- — - i - w� N V a N I N i� i� i� i� i i� i i� i� 1 i 1 j i Iy i� I W i� FAW, P.D.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING 0. R. OFFICIAL RECORDS BOOK U. E. U77LI TY EASEMENT D.E. DRAINAGE EASEMENT i S 7535'11 " E o. oo � o' 100' zoo' s SCALE 1 " = 200' 86¢ PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECT70N 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PAR77CULARL Y DESCRIBED AS FOLLOWS.• PORTION TO i 863 rr BE VACATED $ `` 4Q q L _ 861 rr rrr Aq 41 r- UNPLATTED i 860` - r � sir o •� -.,' ly Z ` 8,59 I `1r It l 85,911 It cv, v r` r rl N 7535'11" W 60.00 r '-- 856 `!r i 85,5 ,rr� I �- O��i 8¢ N 753511 W 60.00 Q. CRADY MINOR AND ASSOCIATES, P. A. 'CIVIL ENGINEERS ■ LAND SURVEYORS ■ PLANNERS 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 COMMENCE AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SEC71ON 23, TOWNSHIP 48 SOUTH RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00 3155' EAST ALONG THE NEST LINE of THE NORTHWEST QUARTER OF SAID SEC77ON 23, FOR A DISTANCE OF 1,5J2.84 FEET- THENCE RUN NORTH 8928'05" EAST, FOR A DISTANCE OF 584.83 FEET TO NORTHWEST CORNER OF 774E LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 637, PAGE 857, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN SOUTH 7535'11 " EAST, ALONG THE NORTH LINE OF SAID LANDS, FOR A DISTANCE OF 60.00 FEET TO THE NORTHEAST CORNER OF SAID LANDS, THE SAME BEING THE NORTHWEST CORNER OF LOT 864 OF UNIT NO. 2, PALM RIVER ESTATES, AS RECORDED IN PLA T BOOK 3, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 14-24'49- WEST, ALONG THE EAST LINE OF SAID LANDS, THE SAME BEING THE NEST LINE OF SAID UNIT NO. 2, PALM RIVER ESTATES, FOR A DISTANCE OF 903.00 FEET, • THENCE RUN NORTH 75'35'11 " WEST, FOR A DISTANCE OF 60.00 FEET TO A POINT ON THE WEST LINE OF SAID LANDS; THENCE RUN NORTH 1424'49" EAST, ALONG THE WEST LINE OF SAID LANDS, FOR A DISTANCE OF 903.00 FEET TO THE POINT OF BEGINNING CONTAINING 54,180 SQUARE FEET, MORE OR LESS OR: 3542 PG: 3255 DATE• 1 • 1-7 , 0 3 P.S.M. 12904 MICHAEL L. HARMON STATE OF FLORIDA DRAWN BY KJG I JOB CODE • LPIPLT I SHEET 1 OF I LEGAL DESCRIPTION AND SKET9C'H HORSE CREEK ESTATES .4 PORTION OF SECTION .23, TOJYNSHIP 48 SOUTH, RANGE 26- EAST COLLIER COUNTY, FLOR10 4 PHONE : (239) 947 -1144 FAX: (239) 94 7 -03 75 1 DATE.• SEPTEMBER, 2003 CERTIFICATE OF AUTHORIZATION NUMBER LB 5151 DRA KNG: B -2676 o. A"i \A ,., \R_7774d.n IFGAL AND SKETCH, 11/13/2003 02:46:18 PM, \ \OGM- FS2 \RICOH_260 u \dwgs \proleccs \ _. _ ._ tV I Cr w IOJ y yx 11 O �� kn Ln Ida I ,OC p o I am �cz y VCS oaf° a N 4i 0 A Z c� m ti amzm U s 51 Lg " I I v a b I �� m o Z y 17 m �] O � � I a 0 o'er 6' U. E. x PER PLAT " p Vl °t�� O " ° N'� I �o�o oyz tic o s (3 � � a+ m2n o °i Z k �� W p z c n�W cz ogoc°,,,rom0000�� chi, �� •�. 2� oA� ZmmmoAanm�iR'+amN��Zpp.-"c�� Ll a ^ g � � p000�2 ��'Oi000m° �a�000 �Aa 2yOm tk' 0" 0, p ycn 00r^ to u, ::oZ'i mA��2�on�a� 0 00 m�OUAO b pamm�av�i2 mx��' 2 mmmm��?mmm�� AoOin�ai"�aA oam:":i t�t]�Jb'J oo �a �Tm2O2W�a22a� �^Omyo2�yz" aC'a ('� 2 cam., `.''�o Am"`7�mv''i `P�sm m''Z o Q) O�1ti 2m �2122o2'�ZO22pm A�I"'�aAO�mO nm° w �� cnomn� ZZOZO'�n o�i�m �vx yeti' O n p a� �OC2Cm� Aanp ml 2iS � wu ��nomU) Ago oaLO ^�i tit 2y�vo On -poronp AO�c��2mO7io v��o �:c') y n mm 2n�iea��cewAO W�22nmvnioAc�i, mnca 79 rn - 2iaov�n c"Z y '° Ln oCyo BOA o �E- W �7 N W N �1 r r �ncn�n�n22cnM�n m � o o r� O oowv000 b 0 �v 0 0 0 n y co � r CU.� N p W �E- W �7 N W N �1 Arthur # Rutcnbcrg Huinc:s December 5, 2002 Charles Healy, President Palm River HOA 633 Cypress Way East Naples, Florida 34110 RE: Little Palm Island Dear Mr. Healy: �i I 0jr The purpose of this letter is to transmit an original copy of the agreement signed today. Thank you for working with me to complete this task. I wish you and all of Palm River a very joyous holiday season. i will be in contact with you when our engineers have finished the construction plans for Little Palm Island. I look forward to meeting with you again soon. Sincerely, KEYSTONE CUSTOM HOMES / 1 David H. Farmer Vice President Land Development rxy,lune CUSnllII Hu(ues, 01L • 411 IIIOepCrldtnl FiauLnrst 24tiou Bw111 HIM! Curve • Bonita Spring;, FL 341:14 • 239 -498 -4560 • Fax 1)39 -448 4bW fXC1 104195 • Licensed Real Esldle Broker • www3rthumt�I.com Agreement Between Palm River Homeowners Association and Keystone Custom Homes This Agreement is entered into between the Palm River Homeowners Association, Inc. ( PRHOA) and Keystone Custom Homes, Inc (Developer) as of this day of December, 2002. In consideration of Ten Dollars in hand paid each to the other and mutual promises contained herein, the parties agree to the following: 1) The purpose of this Agreement is to set forth the rights and responsibilities of the Developer and PRHOA, with respect to the development of that certain real property known as Little Palm Island (as referenced by Collier County PSP 2000 -10 -AR -1902 and ST- 99 -02). All of the terms and conditions of this agreement will be incorporated into and made part of any Site Development Plan (SDP) and all development orders that allow or authorize the development of the property described on the attached Exhibit "A ". 2) The Developer will install speed humps, prior to site construction, at it's cost wherever the county directs to slow down the truck traffic. 3) The Developer will provide as much advance notice as possible to the PRHOA of development activities and changes in construction scheduling. The Developer will notify the PRHOA a minimum of two weeks prior to the start of site clearing and construction. The Developer will act in good faith to provide the PRHOA with project related information in a timely manner. 4) The Developer will include the following special conditions in bid packages for infrastructure improvements and contractually bind the selected bidder and associated sub- contractors to comply with them for the duration of the site improvement construction: i) The construction traffic making deliveries or removing materials from the site shall be limited to the hours between 9 AM and 3 PM Monday through Friday on school days and 8 AM and 5 PM on Saturday and non - school days. Examples of traffic limited to the above hours are flatbed trucks, dump trucks, cement trucks and other non - passenger vehicles wider than eight feet (8'). There shall be no construction traffic on Sundays. ii) The PRHOA understands certain phases of construction may need to deviate from the above time limitations. Specifically, when concrete curbing is being placed and when asphalt is being placed the contractors and material suppliers associated with these two phases have limited times of availability due to the nature of the work or the inherent qualities of the materials. The Developer 10J will provide as much notice as possible as to when a deviation will be necessary. The Developer's contractor(s) will provide flagmen along the construction traffic route if the deviation results in construction traffic when children are waiting for school busses. iii) The construction traffic bound by the hours stated above is limited to the following specific routes: (a) Loaded Vehicles shall use Palm River Boulevard Viking_ Way and Cypress Way West for entry purposes through the Palm River Community (b) Empty Vehicles shall use Cypress Way East for exiting the Palm River Community. Only prearranged deviations from these routes will be acceptable. Deviations will be signed by both the Developer and PRHOA. iv) The Developer will limit staging and parking of materials and equipment to the Little Palm Island site. Hosing or washing down of vehicles and equipment will only occur at the project site. The only exception to the staging limitation is off -site areas to be improved by the Developer. Examples of off -site improvements are water main extensions, gravity sewer extensions, drainage improvements and other necessary improvements shown on the approved construction plans. Off -site staging shall be limited to the specific materials and equipment to be used within the following 24 -hour period. No parking on adjacent or neighborhood streets of vehicles or equipment associated with this project. 5) The Developer will place and maintain signs, at it's cost, in the public right -of -way prior to the start of construction. The purpose of the signs will be to forewarn the community that construction traffic may be present during the specific hours and days stated above. Witn s ff Keystone Custom Homes, Inc., G A o ' Corporation Pri d Name Paula J. Davis, President Witness �� v, t � � • f rl k rr c i� Printed Name Palm River Homeowner's Association, Inc. A Flo ' Corporation By: L LZ %{ Charles Healy, President I° ["� I ai- �-- ITEMS TO BE STIPULATED AND AGREED TO BY DEVELOPER/APPLICANT I cl AS PART OF PSP 2000 -10 -AR -1902 AND ST -99 -02 [see February 13, 2001 BCC Minutes] 1. The developer will provide as much advance notice as possible to the Palm River Homeowner's Association of development activities and changes in construction scheduliNg, with the first notice appearing a minimum to two weeks prior to the start of site clearing and construction. The developer will act in good faith to provide the Palm River community with the project related information in a timely manner. 2. Prospective bidders for infrastructure improvements shall be notified in their bid packages of the following special conditions [which will be established in discussions between the residents and the developer prior to the preparation of the bid request documents] and shall be contractually bound to comply with them for the duration of site improvement construction: A. project construction traffic shall be scheduled so as to minimize inconvenience and impact to the existing residents of Palm River. This may include limiting construction traffic to certain hours and days. B. construction traffic shall be limited to those specific routes agreed to by the County and the developer in consultation with the Palm River Homeowner's Association. C. signs will be placed in the public right -of -way prior to the start of construction, at the developer's forewarning the Community that construction traffic might be utilizing these roads during specific hours and days. D. the developer at its cost will install speed humps wherever the County directs to slow down the truck traffic. E. If Palm River establishes an MSTU /MSBU the developer will commit its property to participate in that MSTU /MSBU and stipulate to joining in any petition and being assessed . F. final plat approval will be a regular agenda item and not a consent agenda item. G. the project road, even though it's a private road to be maintained by the homeowners of the new development, is to be open to the public at all time. This requirement and condition will be part of any plat, on the face of and part of the plat, and cannot be modified or removed except with the consent of the County after a duly noticed public hearing and the approval of the Palm River Homeowners Association. 3 None of the foregoing will be modified or amended without the approval of the Board of County Commissioners considered as a regularly scheduled agenda item 101 131o1 PJ CC, r�dtlltlUlldl btIPuldtlUna ttlquCSlt:d L)Y ('UM;; LJt,tlY j OtT ' t Packing wid stayM9 ut all eq�pment 5Shdll btr Uti Ott: 51tt: ar,�i �i no parking on the streets adjacent to neighbo,hood Streets. 2 Any washing or hosing down of trucks and/or vehicles shall occur uit the development site or off site, but not within the neighboring community and subdivison. 10M MEMORANDUM Date: April 14, 2004 To: Bleu Wallace, CDES From: Maureen Kenyon, Deputy Clerk Minutes & Records Department Re: Resolution 2004 -114 Enclosed please find one certified copy of the document as referenced above (Agenda Item #10M), approved by the Board of County Commissioners on April 13, 2004. Please forward copies to the Florida Association of Counties and to each member of Collier County's local Legislative Delegation. The original agreement is being retained for the record. If you should have any questions, please contact me at: 774 -8406 Thank you. Enclosure 10M RESOLUTION NO. 2004- 114 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, OPPOSING ENACTMENT INTO LAW PROPOSED FLORIDA HOUSE BILL 1237, AND ITS COMPANION BILL, FLORIDA SENATE BILL 2322, RELATING TO UNJUSTIFIED AND UNNECESSARY ELIMINATION OF ALL AUTHORITY OF ALL FLORIDA LOCAL GOVERNMENTS TO CHARGE APPLICATION FEES, TRANSFER FEES, SITING FEES, RENEWAL FEES AND CLAIMS FOR REIMBURSEMENT OF THE LOCAL GOVERNMENT'S OUT -OF- POCKET EXPENSES AGAINST DEALERS OF COMMUNICATIONS SERVICES, INCLUDING CABLE TELEVISION COMPANIES. WHEREAS, proposed Florida House Bill 1237 and proposed Senate Bill 2322 prevents all local governments, including Collier County, from charging all of the following against all dealers of communications services and purchasers of such services, including cable television companies and applicants for communications towers, including cell towers: Application Fees, transfer fees, siting fees, renewal fees, and claims for related costs; and WHEREAS, Collier County expends substantial staff labor hours to review and analyze, and not limited to, applications for new cable TV franchises, applications for renewal of existing cable TV franchises, applications for authority to transfer an existing franchise, applications for authorization to construct new communications towers and related facilities, applications to modify existing towers and related facilities, and from time -to -time deems it necessary to expend substantial sums of money to retain consultants with regard to such applications; and WHEREAS, the subject proposed amendments to Sections 202.19 and 202.24, Florida Statutes, will require Collier County (and all other local governments) to subsidize all dealers and purchasers of communications services with regard to all staff labor and all out -of- pocket costs incurred with regard to all such actions taken; and WHEREAS, the subject proposed amendments mandate that neither Collier County, nor any other Florida local government, shall charge any fee or other consideration for the presence of towers are other related facilities in public roads and other public rights -of -way; and WHEREAS, Federal Law (47 United States Code Section 542), Collier County Ordinance, and existing Cable TV franchises, expressly authorize Collier County to impose reasonable charges incidental to the awarding or enforcing franchises, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages, and WHEREAS, by way of one example, if Collier County deems it necessary to retain an outside consultant to review any such application, Collier County may incur several thousands of dollars of out -of- pocket costs, none of which can be charged back to the applicant if the subject Bill becomes law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners of Collier County, Florida opposes enactment into law of proposed Florida House Bill 1237 and its counterpart, Florida Senate Bill 2322, because these proposed amendments to the Florida Statutes are unjustified and unwarranted, and will require that Collier County and all other local governments to subsidize dealers and purchasers of communications services. 2. The Board of County Commissioners of Collier County, Florida, requests that its Local Legislative Delegation advocate that the proposed amendments to the Florida Statutes not be enacted into law. THIS RESOLUTION ADOPTED after motion, second and majority vote in favor of adoption this day of , 2004. ATTESTS ? `�n . , .DWIC`T B. BROC, CLERK B. Deputy Clem At esf I A9 pa, • si rl APPro d as lotrm', and legal su tc e ey Tho s C. Pa er, Assistant County Attorney Item # 1__om-, Agenda Lf /J� Date 0 Date �/ O Recd / n — BOARD OF CO TY COMMISSIONERS COLLIER C TY, FLORIDA DONNA FIALA, CHAIRMAN 16A1 �4 COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this /0 day of l�l(lrCi7 , 2004 between U.S. Home Corporation hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board." RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval of the Board of a certain plat of a subdivision to be known as: Bradford Lakes B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: Subdivision improvements to serve Bradford Lakes at Cypress Woods. These improvements will include water, sewer, roadway, and storm drainage and will be completed within 24 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $681,910.90 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. S:V obs \14xx \1494\Documents\Bradford Lakes \County \Construction Plans & Plat \1 494_ Const& MaintAgeement- BradfordLakes.doc 16A1 4 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one -year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligation under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants, and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the developer. S:Vobs \14xx \1494Tocuments \Bradford Lakes \County\Construction Plans & Plat\ 1494_ Const& MaintAgreement- BradfordLakes.doc d IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement b 6xecu by their duly authorized representatives this / 0 day of A /la,. 64h 2004. Witnesses to ei�n.fe' t- �fil- .Srrc�pa ATTEST: DWIGIT q1 qCK, CL I App ve rUtm` "ar l"I�eg ufficiency: 1_tiN k P-6,A AC . T3EL_P .u1 AS* County Attorney By: U.S. Home Corporation Corporation By:_46 74, Michael H. Hueniken - Vice President - Project Manager - Land BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By : %% DcOM FI Nt-A , CH Al (6TA-ti (Ord. No. 92-73'2; Ord. No. 94-58,'3, 10- 21 -94; Ord. No. 96-21,'3) 141r-41 S:Vobs\14xx \1494\Documents \Bradford Lakes \County\Construction Plans & Plat \1 494_ Const& MaintAgreement- BradfordLakes.doc FIDELITY GUARANTY AND ACCEPTANCE CORP. 16A1 31 1 Park Place Boulevard, Suite 600 Clearwater, Florida 33759 (727) 796 -0911 IRREVOCABLE STANDBY LETTER OF CREDIT NO. FGAC -04103 FIDELITY GUARANTY AND ACCEPTANCE CORP., ATTN: LETTER OF CREDIT DEPARTMENT, 10707 CLAY ROAD, HOUSTON, TEXAS 77041, (713) 599 -2575, HEREINAFTER "ISSUER ". BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA (HEREINAFTER "BENEFICIARY ") CIO ENGINEERING REVIEW SECTION, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA 34104 DATE OF ISSUE: MARCH 31, 2004 PLACE OF EXPIRY: AT ISSUER'S COUNTERS DATE OF EXPIRY: THIS CREDIT SHALL BE VALID UNTIL JANUARY 8, 2005 AND SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE -YEAR PERIODS ON THE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, THE ISSUER NOTIFIES THE BENEFICIARY IN WRITING BY REGISTERED MAIL THAT THE ISSUER ELECTS NOT TO RENEW THIS CREDIT. APPLICANT: U.S. HOME CORPORATION, A DELAWARE CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA (HEREINAFTER "APPLICANT'') 10481 SIX MILE CYPRESS PARKWAY, FORT MYERS, FL 33912 AMOUNT: $681,910.90 (U.S.) UP TO AN AGGREGATE THEREOF CREDIT AVAILABLE ISSUER WITH: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BY: BENEFICIARY'S DRAFTS AT SIGHT DRAWN ON THE ISSUER. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY ADMINISTRATOR CERTIFYING THAT: "U.S. HOME CORPORATION HAS FAILED'TO CONSTRUCT AND /OR MAINTAIN THE IMPROVEMENTS ASSOCIATED WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS BRADFORD LAKES I OR A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY HAS BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY AND SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY THE BENEFICIARY." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "DRAWN UNDER FIDELITY GUARANTY AND ACCEPTANCE CORP. CREDIT NO. 04103 DATED MARCH 31, 2004." THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY, MUST BE PRESENTED FOR PROPER ENDORSEMENT. OUR REFERENCE NO. FGAC -04103 PAGE 2 THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENTS, INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT. ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER IF PRESENTED WITHIN THE VALIDITY OF THIS CREDIT. THIS CREDIT 1S SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. FIDELITY GUARANTY AND ACCEPTANCE WILLIAM D. GUNTRUM, VICE PRESIDENT IRREVOCABLE LETTER OF CREDIT EVIDENCE OF AUTHORITY DATED: MARCH 11. 2004 THIS DOCUMENT IS TO CERTIFY THAT WILLIAM D. GUNTRUM, VICE PRESIDENT, HAS THE NECESSARY AUTHORITY TO EXECUTE THE $681,910.90 IRREVOCABLE BANK LETTER OF CREDIT NUMBER FGAC- 04103, ISSUED MARCH 31, 2004, ON BEHALF OF LEE COUNTY, STATE OF FLORIDA, AND FOR THE ACCOUNT OF THE BRADFORD LAKES SUBDIVISION, FOR FIDELITY GUARANTY AND ACCEPTANCE CORP. FIDELITY GUARANTY AND ACCEPTANCE CORP. BY: STEVEN E. LA ICE PRESIDENT CORPORATE SEAL *t - Preliminary Cost Opinion of Subdivision Improvements For qqq CYPRESS WOODS GOLF & COUNTRY CLUB BRADFORD LAKES 6 A DECEMBER 200 3 ITEM NO. DESCRIPTION QUAN/UNIT UNIT PRICE TOTAL PRICE A. EARTHWORK & ROADWAY CONSTRUCTION Al Clearing & Grubbing A2 12" Stabilized Subgrade 1 LS $10,000.00 $10,000.00 A3 Limerock Base (6") 11'180 SY $2.25 $25,155.00 A4 314" Type S -III Asphalt (Ist Lift) 8,600 SY $5.00 $43,000.00 A5 3/4" Type S -III Asphalt (2nd Lift) 8,600 SY $4.75 $40,850.00 A6 12" PVC 8,600 SY $4.75 $40,850.00 A7 15" RCP 1,293 LF $12.00 $15,516.00 All 18" RCP 192 LF $22.00 $4,224.00 A9 24" RCP 664 LF $25.00 $16,600.00 A10 19" x 30" ERCP 108 LF $30.00 $3,240.00 All Type 'C' Valley Gutter Inlet 52 LF $1,820.00 Al2 18" Flared End 4 EA $1,000.00 $4,000.00 A13 Valley Gutter 2 EA $1,000.00 $2,000.00 A14 Type "A" Curb 5,850 LF $6.00 $35,100.00 A I S Type "D" Curb 144 LF $6.00 $864.00 A16 5' Concrete Sidewalk (With Houses) 241 LF $6.00 $1,446.00 A17 Sod 5,830 LF $8.00 $46,640.00 A18 ADS Yard Drains 5,200 SY $1.35 $7,020.00 A19 Striping & Signage 12 EA $100.00 $1,200.00 A20 Staked Silt Fence 1 LS $2,500.00 $2,500.00 A21 Remove &Relocate Exist Drainage Pipe 6,500 LF $1.10 $7,150.00 1 LS $10,000.00 $10,000.00 SUBTOTAL $319,17500 B. POTABLE WATER CONSTRUCTION BI 10" PVC Watermain B2 Fire Hydrant Assembly 1,817 LF �� $22 00 $61,974.00 B3 Gate Valve (10 ") 9 EA $2,500.00 $22,500.00 B4 Permanent Bacterial Sample Point 3 EA $1,200.00 $3,600.00 B5 Single Water Service 1 EA $900.00 5900.00 B6 Double Water Service 22 EA $350.00 $7,700.00 B7 12" x 10" Hot Tap 22 EA $480.00 $10,560.00 B8 Jack and Bore 1 EA $3,500.00 $3,500.00 B9 Air Release Valve 53 LF $200.00 $10,600.00 3 EA $1,200.00 $3,600.00 SUBTOTAL $124,934.00 C. SANITARY SEWER CONSTRUCTION Cl 8" PVC Gravity Sewer C2 6" Single Sewer Service 2,760 LF $25.00 $69,000.00 C3 Sanitary Manholes 37 EA $300.00 $11, 100.00 C4 6" Double Sewer Service 9 EA $3, 000.00 $27,000.00 C5 4" Forcemain 29 EA $450.00 $13,050.00 C6 10" x 4" Hot Tap 1,080 LF $12.00 $12,960.00 C7 Air Release Valve 1 EA $1,500.00 $1,500.00 I EA $1,200.00 $1,200.00 SUBTOTAL $135,810.00 D. MISCELLANEOUS D1 Street Lighting D2 Plat Monumentation 1 LS $15,000.00 $15,000.00 D3 Turn Lane from Northbrooke Drive ] LS $5,000.00 $5,000.00 1 LS $20,000.00 $20,000.00 SUBTOTAL $40,000,00 TOTAL $619,919.00 110% BOND AMOUNT $681,910.90 Prepared By: Banks Engineering, Inc. Davl R. nderhill, Jr., P.E. P.E. #47029 S: Uobs114 )oc114941Documents%Bradford LakeslCounty%Construction Plans 8 Platll494 Cost Estimate - Revised- BrattfordLakes.xls RESOLUTION NO. 04- 9 6 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN NAPLES LAKES COUNTRY CLUB, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE NAPLES LAKES COUNTRY CLUB HOMEOWNERS ASSOCIATION. 16A3 WHEREAS, the Board of County Commissioners of Collor County, Florida, on May 25, 2999, approved the plat of Naples Lakes Country Club for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91 -102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 01 -57); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Community Development Services has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Naples Lakes Country Club , and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Naples Lakes Country Club Homeowners Association. This Resolution adopted after motion, second and majority vote favoring same, this day of , 2004. DATE:. S/�� BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK,`e—LERK DO A FIALA, CHAIRMAN Attes as ua - ohko'mes signatuw � --- Approve a rm and legal sufficiency: Item # �\rl P R, - Je i er A. Belped Assistant Collier C n y Attorney Agenda r Date ° Date RReo'd �y 0 Deputy !� C;lei 16A4 MEMORANDUM Date: April 14, 2004 To: Sherry Eaton, Engineer Tech Planning Services Department From: Maureen Kenyon, Deputy Clerk Minutes & Records Department Re: Assignment Agreement Between the Fiddler's Creek Community Development District 1 and Fiddler's Creek Community Development District 2 and The Board of County Commissioners of Collier County as The Governing Body of Collier County and Ex- Officio Board the Governing Board of the Collier County Water -Sewer District Enclosed please find one (1) original agreement, as referenced above, as approved by the Board of County Commissioners on April 13, 2004 (Agenda Item #16A4). Upon recording of the above referenced document, please provide us with the original packet. If you should have any questions, please contact me at 774 -8406. Thank you. Enclosures 16 A440 ORIGINAL ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT made and entered into this / r/ V/, day of &, Zm LLA-, , 2003, by and between the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 1, and the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 2, both of which are political subdivisions of the State of Florida (hereinafter collectively referred to as "Assignor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AS THE GOVERNING BODY OF COLLIER COUNTY AND EX- OFFICIO BOARD THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Assignee "). WHEREAS, Assignor is the Grantee under that certain Utility Easement ( "Utility Easement ") from 951 Land Holdings, Ltd., a Florida limited partnership ( "951 Land Holdings "), to Assignor concerning certain water facilities located within the real property referenced in said Utility Easement, a copy of said Utility Easement being attached hereto and made a part hereof as Exhibit "A "; and WHEREAS, certain water facilities located within the aforedescribed Utility Easement have been conveyed to Assignor from 951 Land Holdings by Utility Facilities Warranty Deed and Bill of Sale, which water facilities are simultaneously herewith being conveyed to Assignee from Assignor; and WHEREAS, it is necessary that Assignee obtain the rights of Assignor as the Grantee in said Utility Easement as to said water utility facilities. NOW THEREFORE WITNESSETH that forand in consideration of the premises and in consideration of the sum of Ten and 00/100 Dollars ($10.00), receipt of which is acknowledged by Assignor from Assignee, and other good and valuable consideration, the parties hereto agree as follows: 1) Assignor hereby conveys, grants, transfers, demises, releases and assigns unto Assignee, its successors and assigns, all of the rights of Assignor as Grantee under the Utility Easement referenced hereto and made a part hereof as Exhibit "A" as to the aforesaid water utility facilities. Assignee aforesaid hereby accepts said assignment. 2) Governing Law. This Assignment shall be construed and enforced in accordance with and governed by the laws of the State of Florida. Page 1 of 4 :�A4 3) Modification: Additional Assurances. No change, amendment, modification or cancellation of any part of this Assignment Agreement shall be valid unless in writing and signed by Assignor and Assignee. 4) Binding Effect. The terms, covenants and conditions contained herein shall inure to the benefit and be binding upon Assignee and Assignor and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written. STATE OF FLORIDA COUNTY OF COLLIER ASSIGNOR: FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 1 By: Clifford on, Vice Chairman The foregoing Assignment Agreement was sworn to and subscribed before me by Clifford A. Olson, as Vice Chairman of the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 1, on behalf of the Fiddler's Creek Community Development District 1, who is personally known to me. WITNESS my hand and official seal this / %fit day of O� %N /Yi ' E' — ;2003. C. L�i 1 Notary Public Print Name: My Commission Expires: (SEAL) "r ... CARRIE E. LADEMAN '$ a MY COMMISSION # oD 039891 :P EXPIRES: October 22, 2005 $� Bonded Thru Notary PuGlic Underw�lers Page 2 of 4 STATE OF FLORIDA COUNTY OF COLLIER 16A4 I ASSIGNOR: FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 2 By: -- Clifford A. , Chairman The foregoing Assignment Agreement was sworn to and subscribed before me by Clifford A. Olson, as Chairman of the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 2, on behalf of the Fiddler's Creek Community Development District 2, who is personally known to me. WITNESS my hand and official seal this day, of MbA 2003. Notary Pubfic Print Name: My Commission Expires: (SEAL) CARRIE E. LADEMAN :., MY COMMISSION 8 DD 039891 EXPIRES: October 22, 2005 Bonded Thru Notary PubAc Undemi tm Page 3 of 4 1 ATTEST: ` DWIGHT E. BROQK, Clerk B� - Eputy Ole; A twit as wthain=, s si,�;bn1Y. Approved as to from and legal sufficiency 2..2s,oy Assisi nt County Attorney STATE OF FLORIDA COUNTY OF COLLIER 16A4 ASSIGNEE: BOARD OF COUNTY CO;MMlS"SI...M MS OF COLLIER COUNTY\FL'ORIDA'.A-S.'"/,,, - THE GOVERNING BODY OF COLLIER. COUNTY AND AS EX- OFFICIO THE GOVERNING BOAR- OFTHE COLLIER, . COUNTY W TER -SOWER DISTRICT,_'-_ BY: Donna Fiala, Chairman r I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and_ County aforesaid to take acknowledgments, personally appeared OLOVt. FraIC , well known to me to be the Chairman of the Board of County Commissioners, Collier County, Florida, As The Governing Body of Collier County and as Ex- Officio the Governing Board of The Collier County Water -Sewer District, being authorized so to do, executed the foregoing Assignment Agreement for the purpose therein contained under authority duly invested by the Board of County Commissioners, and that the seal affixed thereto is the true seal of said Board. WITNESS m hand and official seal in the County and State last aforesaid this 13th day of i1 200$( (Notarial Seal) This instrument prepared by: Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A 3200 Tamiami Trail North, Suite 20 Naples, Florida 34103 (239) 649 -6555 Notary Public Print Name: Paue 4 of 4 19m HOLE MONTES ENGINEERS • PLANNERS - SLIR0(lRS 16A4 ' 950 Encore Way - Naples, Florida 34110 - Phone: 239.254.2000 • Fax: 239.254.2075 Exhibit "A" HM PROJECT #1998070 Page 1 of 2 1115/2003 REF. DWG. #B -4441 Page 1 of 2 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION OF TRACT F -25, FIDDLER'S CREEK PHASE 2A, UNIT THREE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 35, AT PAGES 98 THROUGH 102 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND A PORTION OF SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT B2, FIDDLER'S CREEK PHASE 2A, UNIT THREE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 35, AT PAGES 98 THROUGH 102 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.37 000'20 "W., ALONG THE EAST LINE OF SAID TRACT B2, FOR A DISTANCE OF 91.95 FEET TO A POINT ON THE BOUNDARY OF TRACT R OF SAID FIDDLER'S CREEK PHASE 2A, UNIT THREE; THENCE RUN S.52 059'40 "E., ALONG THE BOUNDARY OF SAID TRACT R, FOR A DISTANCE OF 87.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.37 000'20 0E., FOR A DISTANCE OF 137.93 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 587.50 FEET, THROUGH A CENTRAL ANGLE OF 07 025'55 ", SUBTENDED BY A CHORD OF 76.15 FEET AT A BEARING OF N.33 017'23 "E., FOR A DISTANCE OF 76.21 FEET TO THE END OF SAID CURVE; THENCE RUN S.60 025'35 "E., FOR A DISTANCE OF 15.00 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N.60025'35"W., A DISTANCE OF 602.50 FEET THEREFROM; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 602.50 FEET, THROUGH A CENTRAL ANGLE OF 01 009'42 ", SUBTENDED BY A CHORD OF 12.22 FEET AT A BEARING OF S.30 009'16 "W., FOR A DISTANCE OF 12.22 FEET TO THE END OF SAID CURVE; THENCE RUN S.88 024'00 "E., FOR A DISTANCE OF 21.24 FEET; THENCE RUN S.01 °36'00"W., FOR A DISTANCE OF 15.00 FEET; THENCE RUN N.88 024'00 "W., FOR A DISTANCE OF 29.89 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N.57 °37'05"W., A DISTANCE OF 602.50 FEET THEREFROM; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 602.50 FEET, THROUGH A CENTRAL ANGLE OF 01 000'12 ", SUBTENDED BY A CHORD OF 10.55 FEET AT A BEARING OF S.32 °53'01 "W., FOR A DISTANCE OF 10.55 FEET TO THE END OF SAID CURVE; THENCE RUN S.88 °21'13 "E., FOR A DISTANCE OF 11.74 FEET; THENCE RUN S.01 °38'47 "W., FOR A DISTANCE OF 15.00 FEET; THENCE RUN N.88 021'13 "W., FOR A DISTANCE OF 21.32 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N.54 °55'18"W., A DISTANCE OF 602.50 FEET THEREFROM; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 602.50 FEET, THROUGH A CENTRAL ANGLE OF 01"55'38', SUBTENDED BY A CHORD OF 20.27 FEET AT A BEARING OF S.36 °02'31 "W., FOR A DISTANCE OF 20.27 FEET TO THE END OF SAID CURVE; THENCE RUN S.37 000'20 "W., FOR A DISTANCE OF 137.93 FEET; THENCE RUN N.52059'40"W., FOR A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING; CONTAINING 0.089 ACRE, MORE OR LESS. WA 199811998070\ W M -E ASE.doc Exhibit "A" Page 2 pf 2 1hA4.� HM PROJECT #1998070 - 11/5/2003 REF. DWG. #B -4441 Page 2 of 2 THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF TRACT B2, FIDDLER'S CREEK PHASE 2A, UNIT THREE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 35, AT PAGES 98 THROUGH 102 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AS BEING S.37 °00'20 "W . HOLE MONTCS, INC. CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 �, BY Ard P.S.M. #5628 THOMAS M. MURPHY STATE OF FLORIDA WA 1998119980701WNl- EASE.dm 16A6 RESOLUTION NO. 2004- 9 7 A RESOLUTION ESTABLISHING A FEE SCHEDULE OF DEVELOPMENT RELATED REVIEW AND PROCESSING FEES INCLUDING: PROVIDING FOR NEW AND REVISED BUILDING PERMIT, INSPECTION, AND LAND USE PETITION FEES; AS PROVIDED FOR IN DIVISION 1.10 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE; SUPERSEDING RESOLUTION NO. 2004 -17, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Land Development Code, Section 1.10.1 provides that the Board of County Commissioners shall establish and adopt by resolution a schedule of fees and charges for application and document processing, public meetings, public hearings, other meetings and hearings, transcripts, approvals, denials, development permits, development orders, development, construction, interpretations, enforcement inspection services, sales of documents review, resubmission, and any other zoning or development related services and any other services provided or costs incurred by or on behalf of the County; and WHEREAS, the Board of County Commissioners approved Resolution No. 2004 -17, establishing a fee schedule of development related review and processing fees on January 27, 2004; and WHEREAS, many operations within the Community Development and Environmental Services Division are supported by user fee revenues; and WHEREAS, it is staff's intent to continue to conduct annual cost/fee studies in an attempt to balance Fund 113 and Fund 131 operating costs with revenues; and WHEREAS, the revisions and clarifications in the fee schedule for certain development or building review related activities or petition types, including but not limited to, site development plans, rezones, conditional uses, building permit applications and related inspections are reflective of the actual cost of processing and reviewing such petitions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby declares that the fees set forth as attached hereto and incorporated by reference herein as "Exhibit A," along with their associated building valuation data table set forth as attached hereto and incorporated by reference herein as "Exhibit B," are all fair and reasonable sums to be assessed to those who receive the benefits of the 1 iA Ab 'A services, reviews, and inspections required pursuant to the Land Development Code and the County's corresponding development review and permitting processes. BE IT FURTHER RESOLVED that this Resolution, relating to fees in the Land Development Code be recorded in the minutes of this Board with an effective date of April 13, 2004, and that Resolution numbered 2004 -17 is hereby superseded by the adoption of this Resolution. This Resolution adopted after motion, second and majority vote. Done this ATTEST: DWIGHTEE.. $ROCK, CLERK epy. , Att st as 10 Clr W M`S signature 0111,x. Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney day of 2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DO AA FIALA, CHAIRMAN Item A.gencla d Date Date Recd 2 16P,6 C e r C o u n y EXHIBIT A COLLIER COUNTY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES FEE SCHEDULE BCC Approved Version, April 13 2004 Contents: A) ADMINISTRATION ............................................................................................................................................................................... ..............................2 B) BLASTING PERMITS & INSPECTION ............................................................................................................................................. ............................... 2 C) ENVIRONMENTAUL.ANDSCAPING ............................................................................................................................................... ............................... 2 D) EXCAVATION PERMITS .................................................................................................................................................................... ............................... 3 E) FIRE CODE REVIEW FEES ................................................................................................................................................................. ............................... 3 F) SITE DEVELOPMENT PLANS ............................................................................................................................................................ ............................... 4 G) SUBDIVISION ....................................................................................................................................................................................... ............................... 5 H) Engineering Inspection Fees .................................................................................................................................................................. ............................... 6 1) TEMPORARY USE PERMITS .............................................................................................................................................................. ............................... 6 J) WELL PERMITS /INSPECrIONS ......................................................................................................................................................... ............................... 6 K) ZONING/LAND USE PETITIONS ...................................................................................................................................................... ............................... 7 L) MISCELLANEOUS ................................................................................................................................................................................ ............................... 8 M) BUILDING PERMIT APPLICA'T'ION FEE ........................................................................................................................................ .............................10 N) BUILDING; PERMIT' FEES ................................................................................................................................................................... .............................10 O) ELECTRICAL PERMIT FEES ............................................................................................................................................................. .............................10 P) PLUMBING PERMIT FEES .................................................................................................................................................................. .............................11 Q) MECHANICAL PERMIT FEES ......................................................................................................................................................... ............................... 11 R) FIRE PREVENTION AND CONTROL PERMIT FEES .................................................................................................................... .............................12 S) MOBILE HOME/OFFICE TRAILER AND OTHER TRAILER PERMIT FEES ............................................................................ .............................12 T) CHICKEES AND SIMILAR STRUCTURES ...................................................................................................................................... .............................12 U) POOL OR SPA PERMIT FEES ............................................................................................................................................................ .............................12 V) SCREEN ENCLOSURE PERMrr & PAN ROOF FEES ................................................................................................................... .............................13 W) SIGN PERMIT FEES ............................................................................................................................................................................ .............................13 X) CONVENIENCE PERMIT FEES ........................................................................................................................................................ .............................13 Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS ..................................................................... .............................13 Z) PERMIT EXTENSION ........................................................................................................................................................................... .............................13 AA) DEMOLITION OF BUILDING OR STRUCTURE PERMPI FEES .............................................................................................. .............................14 BB) PRE -MOVING INSPECTION FEES ................................................................................................................................................. .............................14 CC) INSPECTION FEES ............................................................................................................................................................................ .............................14 DD) REINSPECTION FEES ....................................................................................................................................................................... .............................14 EE) FAILURE TO OBTAIN A PERMIT .................................................................................................................................................. .............................14 FF) LICENSING .......................................................................................................................................................................................... .............................14 GG) DUPLICATE PERMIT CARDS ......................................................................................................................................................... .............................14 HH) CHANGE OF CONTRACTOR OR SUBCONTRACTORS ........................................................................................................... .............................15 II) PERMIT FEE REFUNDS ...................................................................................................................................................................... .............................15 JJ }RECORD RETRIEVAL ......................................................................................................................................................................... .............................15 KK) COPY FEES ......................................................................................................................................................................................... .............................15 LL) RESEARCH .......................................................................................................................................................................................... .............................15 MM) SUBSCRIPTION SERVICE ............................................................................................................................................................. .............................15 NN) ELECTRONIC DATA CONVERSION SURCHARGE .................................................................................................................. .............................15 00) REGISTRATION OF RENTAL DWELLINGS ............................................................................................................................... .............................16 PP) FEE WAIVER PROCF,DURES ......................................................................................................................................................... ............................... 16 QQ) ADDITIONAL FEE REFUND PROVISIONS ................................................................................................................................. .............................16 CDES Financial Administration, rev 04 /13/04 page 1 0 FEES ARE ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS RESOLUTION, AND CANNOT BE WAIVED OR SUSPENDED WITHOUT AN ACTION BY THE BOARD OF COUNTY COMMISSIONERS. ANY QUESTIONS CONCERNING THE APPLICABILITY OF FEES SHALL BE CONCLUSIVELY DETERMINED BY THE DIRECTOR OF THE APPROPIATE DEPARTMENT, AS APPLICABLE. A) ADMINISTRATION 1) Official Interpretation Request of Land Development Code (LDC), Growth Management Plan (GMP), or Building Construction Administrative Code (Administrative Code). Based on staff hours: Less than 20 hours $1,500.00, 20 to 40 hours $3,000.00, more than 40 hours $5,000.00 2) Interpretation request submitted in conjunction with a land use petition or requested during an application review process. $250.00 3) Determination of Vested Rights. $100.00 (plus the County's out -of- pocket expenses associated with hearing officer and hearings) 4) Appeal of Vested Rights Determination. $100.00 5) Amendment to Land Development Code. $3,000.00 6) Appeal of an Administrative Decision (as may be provided for in the Collier County Administrative Code or the LDC). $1000.00 (non - refundable) 7) Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals (as may be provided for in the Collier County Administrative Code or the LDC). $500.00 (non - refundable) B) BLASTING PERMITS & INSPECTION 1) 30 day permit fee, non - refundable payable upon application. $250.00 2) 90 day permit fee, non - refundable payable upon application. $600.00 3) Yearly permit fee, non- refundable payable upon application. $1,500.00 4) Renewal permit fee, non - refundable payable upon application. $200.00 5) After- the -fact fee, due to blasting without a permit. $10,000.00 6) Fine fee, per detonated shot with after -the -fact permit. $200.00 7) Handler fee, for handler who assists the user or blaster in the use of explosives. $100.00 8) Blasting Inspection Fee. $200.00 (per inspection) 9) Inspection fees shall be paid upon issuance of a blasting permit based on the estimated number of blasts. Upon completion, fees will be adjusted to reflect actual number of blasts. C) ENVIRONMENTAL/LANDSCAPING 1) Site Clearing Permit, first acre or fraction of an acre. $250.00 Each additional acre or fraction of an acre. 550.00 ($3,000.00 maximum) 2) Agricultural Land Clearing a. Land Clearing Notification $250.00 b. Land Clearing Permit $250.00 Each additional acre or fraction of an acre. $50.00 ($3,000.00 maximum) CDES Financial Administration, rev 04/13/04 page 2 t• 3) Landscape Tree Removal Fee $250 4) Environmental Impact Statement (EIS) $1600.00 5) Landscape Re- inspection 15L $50.00, 2 "d 75.00, every inspection afterward $100.00 6) Vehicle on the Beach Permit Application. $250.0 0 (Permit fee shall be waived for public and non- profit organizations engaging in environmental activities for scientific, conservation or educational purposes). 7) Reserved 8) Special Treatment Review a. First five acres or less. $400.00 b. Each additional acre, or fraction thereof. $50.00 ($5,000.00 Maximum) 9) Coastal Construction Setback Line (CCSL): a. Permit - Dune Walkover. $150.00 b. Permit - Dune Restoration. $200.00 c. Variance - Petition. $1000.00 10) Sea Turtle Permit - a. Sea Turtle Handling Permits. $25.00 b. Sea Turtle Nesting Area Construction Permit. $200.00 c. Sea Turtle Nest Relocation. $100.00 11) Vegetation Removal Permit a. First acre or fraction of an acre less. $250.00 b. Each additional acre, or fraction thereof. $50.00 ($3,000.00 Maximum) 12) After -the -fact Environmental or Landscape Permits a. CCSL Variance Petition. 2x normal fee b. All other Environmental or Landscape Permits. 4x normal fee D) EXCAVATION PERMITS 1) Annual Renewal. $300.00 2) Application (Private). $400.00 3) Application (Commercial). $2,000.00 4) Application (Development). $400.00 5) Monthly inspection fee (commercial, development & private) $200.00 per month 6) Reapplication: $300.00 plus $200.00 per month inspection fee 7) Cubic Yardage Review Fee: $200.00 first 5000 cy, plus $10.00 per additional 1000 cy with a maximum of $20,000.00 8) Time Extension. $150.00 plus $100.00 per month inspection fee 9) After -the -fact Excavation Permit. 4x application fee E) FIRE CODE REVIEW FEES 1) Fire Code Review fees associated with each of the following processes: a. SDP - Site Development Plan $200.00 b. SDPA - Site Development Plan, Amendment S150,00 CDES Financial Administration, rev 04 /13104 page 3 16A6 �" " 01 c. SDPI - Site Development Plan, Insubstantial $100.00 d. SIP - Site Improvement Plan $150.00 e. SIPI - Site Improvement Plan, Insubstantial $100.00 f. PSP - Preliminary Subdivision Plans $150.00 g. PSPA - Preliminary Subdivision Plans, Amendment $100.00 h. PPL - Plans & Plat, Subdivision 5100.00 i. FP - Final Plat 5100.00 j. CONSTR - Construction Plans, Subdivision/Utilities 5100.00 k. ICP - Construction Plans, Insubstantial $100.00 1. DRI - Development of Regional Impact $200.00 m. DOA - Development Order, Amendment $150.00 n. PUDZ - Planned Unit Development, Rezone $150.00 o. PUDA - Planned Unit Development, Amendment $150.00 p. PDI - Planned Unit Development, Insubstantial $100.00 q. RZ - Rezone, Regular Zoning 100.00 r. CU - Conditional Use $150.00 F) SITE DEVELOPMENT PLANS 1) Site Development Plan Review (SDP). 5000.00 a. plus $40.00 per D/U b. plus $100.00 per residential building structure; c. plus .10 per square foot for non - residential d. plus $200.00 per building for non - residential. e. Additional fees for 3rd review 1 0$ . 00.00. 4"' review $1, 500.00,5 th review $2,000.00,6 th and subsequent reviews $2,500.00 2) Pre - application fee. $500.00 (to be credited toward application fee upon submittal.) a. Second and subsequent pre -app meetings at the applicant's request shall not be credited towards application fees. b. Second and subsequent pre -app meetings at staffs request will be held at no charge to the applicant. c. Applications submitted 4 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new pre - application meeting will be required. 3) Simultaneous Review Fee (planning review of simultaneous building permit applications) $100.00 per building permit application 4) Site Development Plan Insubstantial Change a. Site Development Plan Insubstantial Change. $400.00 for first sheet, $100.00 for each and every additional sheet submitted. b. Additional fees for 3`d review $1,000.00,4"' Review $1, 500.00, 5`h and subsequent review $2,000.00 5) Site Development Plan Conceptual Review $750.00 6) Site Improvement Plan Review (SIP). $1000.00 (plus Engineering review fees) 7) Utility Plan Review & Inspection Fees - a. Construction Document Review. 0.75% of probable water and/or sewer construction costs b. Construction Inspection. 2.25% of probable water and/or sewer construction costs c. Construction Document Resubmission or Document Modification, submit as insubstantial change. 150.00 for first sheet, $75.00 for each additional sheet 8) Engineering Site Plan Review Fee CDES Financial Administration, rev 04 /13/04 page 4 I , b a. Construction Documents Review 0.75% of probable cost of construction of roadways, drainage & stormwater management system b. Construction Inspection 2.25% of probable cost of construction of roadway, drainage & stormwater management system 9) Site Development Plan Amendment $2,500.00, a. Plus $40.00 per DIU plus $100.00 per residential building structure b. plus .10 per square foot c. plus $200.0 0 per building for non - residential d. Additional fees for 3rd review $1,000.00, 4th Revic;w $1,500.00, 5th and subsequent review $2,000.00 10) SBR Fees a) Pre- Acquisition Meeting $500.00 (no refunds or credits) b) Pre - application fee. $500.00 (to be credited toward application fee upon submittal.) (all normal pre - application provisions apply) c) SBR Fee $5000.00 with hourly reconciliation at project completion for hourly variation greater than 10 %, final project charges at $100.00 per hour for all associated staff hours 11) Violation of the conditions of approval of the SDP /SIP or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved SDP /SIP. 4x the SIP /SDP application fee G) SUBDIVISION 1) Lot Line Adjustment $250.00 2) Subdivision Review Fees- a. Construction Document $0.75% of probable cost of construction b. Construction Document Resubmission or Document Modification - Submit as Insubstantial Change 150.00 for first sheet, $75.00 for each additional sheet c. Subdivisions - 3rd and subsequent additional reviews and substantial deviations from approval construction documents $500.00 d. Subdivision Inspection Fee 2.25% of probable cost of construction for construction inspection. 3) Subdivision, Preliminary Plat (PSP)- a. Petition Application 10$ 00.00 plus $5.00 per acre (or fraction thereof) for residential, plus $10.00 per acre (or fraction thereof) for non - residential; (mixed use is residential) 4) Subdivision Final Plat $1000.00 plus $5.00 per acre (or fraction thereof) for residential, 1000.00 plus 10.00 per acre (or fraction thereof) for nonresidential; (mixed use is residential) 5) Additional review of construction plans for phased construction of subdivision improvements. $1000.00 per phase 6) Two -year Extension $150.00 7) Water and Sewer Facilities Construction Document Review 0.75 % of probable water and/or sewer construction costs 8) Construction Document Resubmission or Document Modification 0.25% of probable water and/or sewer construction costs - 3rd and subsequent resubmittals 500.00 9) Construction Inspection 2.25% of probable water and/or sewer construction costs CDES Financial Administration, rev 04 /13/04 page 5 10) Violation of the conditions of approval of approved construction plans or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved construction plans or permit. 4x the PSP or Final Plat Review Fee. 11) Administrative Amendment $250.00 H) ENGINEERING INSPECTION FEES 1) Engineering Inspection Fee $150.00 per residential dwelling unit (single or duplex only), charged at time of building permit issuance. 2) Re- inspection Fees: ls` re- inspection $75.00, 2 ❑d re- inspection $100.00, 3`d and thereafter re- inspection $125.00 I) TEMPORARY USE PERMITS 1) Beach Events Permits - a. Individual Permit $100.00 b. Block of 25 calendar days $2,250.00 C. Block of 50 calendar days S4,500.00 d. Block of 75 calendar days $6,750.00 e. Block of 100 calendar days 12 000.00 f. Block of 125 calendar days $11,250.00 g. Block of 150 calendar days $13,500.00 2) Temporary Use Permit Special Sales & Events. $200.00 3) Model Homes and Sales Centers $500.00 4) Construction and Development $125.00 5) Residential and Non - Profit Garage and Yard Sale Permits No Charge 6) Temporary Use Amendment. $100.00 7) Renewals or extensions requested after the expiration date $2200.00 8) Temporary Use Permit for Special Events requiring BCC approval. including Circus and Carnival Permits. $275.00 9) Political Signs (Bulk Temporary Permit) $5.00 a. A deposit of $500.00 will be posted by political campaigns at the time of securing a Political Sign permit. Forfeiture from this deposit will be in the amount of $100.00 per written notice of violation of applicable sign ordinance requirements for the 3`d and following such notices of violation. Such forfeiture shall be based on notices of violation per campaign, and not per individual sign. Deposit, or remaining balance of deposit, will be refunded upon completion of campaign and certification by Code Enforcement staff that the campaign is in compliance with all provisions of applicable code requirements. 10) Fees for Temporary Use permits issued After the Fact, ATF: 2x normal fee J) WELL PERMITSANSPECTIONS 1) Hydraulic elevator shaft permit $300.00 CDES Financial Administration, rev 04 /13/04 page 6 16A b 2) Test hole permit (including 1st six holes) $300.00, each additional hole $20.00 3) Well permit (abandonment) $50.00 4) Well permit (construction, repair, or combined construction and abandonment at one site) $300.00 5) Well permit (monitoring) $150.00 6) Well Permit (modification of monitor /test well to a production well) $75.00 7) Well Reinspections a. First Reinspection $75.00 b. Second Reinspection $100.00 c. Third Reinspection $150.00 8) After the fact well permits 4x normal fee per violation. NOTE: Multiple wells may be allowed on one permit, but each well must be accounted for and the appropriate fee shall be charged for each well in accordance with the above listed schedule. K) ZONINGILAND USE PETITIONS 1) Pre - application fee $500.00 (to be credited toward application fee upon submittal.) a. Second and subsequent pre -app meetings at the applicant's request shall not be credited towards application fees. b. Second and subsequent pre -app meetings at staffs request will be held at no charge to the applicant. c. Applications submitted 9 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new pre- application meeting will be required. 2) Alcoholic Beverage or Service Station Separation Requirement Waiver $1000.00 3) Boat Dock Extension Petition $1,500.00 4) Conditional Use Permit 0$4, 00.00 (IL5DO.00 j when filled with Rezone Petition) 5) Conditional Use Monitoring Review: $750.00 6) Conditional Use Extension $3,000.00 7) DRI Review (In addition to cost of rezone) $10.000.00 plus $25.00 an acre (or fraction thereof) 8) DRY DO Amendment 6 000.00 plus $25.00 per acre (or fraction thereof) 9) DRIABN — DRI Abandonment $1,500.00 10) Flood Variance Petition $1000.00 11) Interim Agriculture Use Petition $350.00 12) Non - Conforming Use Change/Alteration $1500.00 13) Parking Exemption $1500.00 14) PUD Amendments (PUD to PUD): $8,000.00 plus $25.00 an acre (or fraction thereof) 15) Property owner notifications: $1.00 non - certified mail, $3.00 certified return receipt mail (Petitioner to pay this amount prior to advertisement of petition) 16) Planned Unit Development Amendment (Insubstantial) $1500.00 ODES Financial Administration, rev 04/13/04 page 7 16A6 17) Rezone Petition (Regular) $6,000.00 plus $25.00 an acre (or fraction thereof) 18) Rezone Petition (to PUD) $10.000.00 plus $25.00 an acre (or fraction thereof) 19) Street Name Change (Platted) $500.00 plus 1.00 for each property owner requiring notification of proposed street name change. 20) Street Name (unplatted) or Project Name Change $500.00 21) Variance petition: $2,000.00 residential, $5,000.00 non- residential 22) Variance (Administrative) $1,000.00 23) Zoning Certificate: Residential: $50.00, Commercial: $125.00 24) PUD Extension — Sun Setting: $1000.00 25) Sign Variance Petition: $2000.00 26) Stewardship Receiving Area Petition (SRA): $7000.00 per SRA plus $25.00 per acre for. Stewardship Sending Area Petition (SSA): $7000.00 per SSA plus $25.00 per acre. 27) After -the -Fact Zoning/Land Use Petitions 2x the normal petition fee 28) Land Use Petition Continuances a. Two days or less prior to meeting $500.00 b. Requested at the meeting $750.00 c. Resultant additional required advertising charged in addition to continuance fees. L) MISCELLANEOUS 1) Reserved 2) Reserved 3) Official Zoning Atlas Map Sheet Publications, maps, and reports. 50 as set forth in Resolution 98 -498, as amended. 4) Reserved 5) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour. 6) The fee for creating and designing special computer generated reports that are not a part of regular standard reports shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour. 7)CD Burning: 1.00 floppy disk: .50 8)Complete sets of Official Zoning Atlas Map Sheets $100.00 per set. 9)Photocopies of documents less than 11x17 inches: $0.15 one sided, $0.20 two sided, other sizes at cost of production a. Certified copy of public record $1.00 each. CDES Financial Administration, rev 04/13/04 page 8 I 10) Property Notification Address Listing: a. MS Excel spreadsheet on Disc 7$ 0.00 b. Print out on Paper $75.00 +0.05 for every record over 1500 c. Mailing Labels $80.00 + 0.06 for every record over 1500 d. Print out on Paper + Mailing Labels $85.00 + 0.11 for every record over 1500 11) Comprehensive Plan Consistency Review a. CU's $300.00 b. Rezonings $750.00 c. Pud's or PUD Amendments: $2250.00 d. Letter of GMP consistency to outside agencies: $250 12) Plan Review Fee (for planning review of all building permit applications) a) Long forms: $75.00 per building permit application b) Express permits: $15.00 per building permit application 13) Project Meetings a. Meetings with Departmental Project Approval Staff member per applicant request, reviews and petitions in progress, $150.00 per one hour minimum, $75.00 per 1/2 hour thereafter. Additional Department staff attending meeting per applicant request $75.00 per th hour per staff member. b. Inter - Departmental Project Meeting per applicant request, site plan reviews and land use petitions in progress, $500.00 per one hour minimum, $250.00 per th hour thereafter. 14) Adequate Public Facilities a. Planning Applications requiring COA process review (such as FP's, PPL's & SIP's, SDPs) $200.00 + 25.00 per residential dwelling unit or + 25.00 per 1000 sq ft commercial ($5000.00 maximum) b. Building permit applications requiring COA process review not covered under 12.a above 100.00 per building permit application. 15) Zoning Confirmation Letters a. Standard Response $100.00 (includes up to 1 hour research) b. Extended Research $100.00 per hour (any response with research in excess of 1 hour) 16) Zoning Letter Appeal $250.00 17) CDD a. Community Development District $15,000.00 b. Chapter 189 Special District, Independent or Dependent, $15,000.00 18) GMP Amendment a. Small Scale $9000.00 b. General $16,700.00 c. Legal advertising in addition to sub - sections a and b fees, and subject to applicable fee schedule provisions. d. Pre - application meetings for GMP consistency for development orders and zoning /land use petitions: $250 e. Pre - application meetings for GMP amendment petitions: $250 (to be credited toward application fee upon submittal) 19) Application for issuance TDR, $250 (non- refundable);plus $25 per TDR issued and recorded (total fees not to exceed $2750) CDES Financial Administration, rev 04 /13/04 page 9 M) BUILDING PERMIT APPLICATION FEE 1) A permit application fee shall be collected at time of applying for a building permit. The permit application fee shall be collected when the plans are submitted for review. The fee shall be applied toward the total permit fee. The applicant shall forfeit the application fee if the application is denied or if the application is approved and the permit is not issued within the time limitation as stated in Section 103.6.1.1 of the Collier County Ordinance No. 91 -56, as amended. 2) Application fee will be computed as follows: a. Single family and duplex .05 per sq ft with minimum of $100.00 b. Multi- Family & Commercial SOS per sq ft up to 10,000 sq ft, .025 for over 10,000 sq. ft. 3) Maximum application fee shall NOT exceed $5,000.00. 4) Minimum fee of $50.00 for each of the following: plumbing; mechanical (A/C); electrical; fire; and building, when applying for additions /alterations. Minimum fee for all other applications = 50.00. 5) The balance of the total permit fee will be collected at the time of issuance of the permit and will include any fee adjustments necessary. N) BUILDING PERMIT FEES 1) The fee for a building permit shall be computed as follows: Such fees shall be either based on the contractor's valuations of construction cost or based on calculated cost of construction as set forth on the attached Building Valuation Data Table *(Exhibit B), whichever is greater. Valuation of construction costs of less than $750.00 - No permit or fee is required, but construction must comply with all County Codes and Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. *SBCCI Building Valuation Data Table, produced March 31,2002 EXCEPTION: All work involving structural components and/or fire rated assemblies requires permits and inspections regardless of construction cost, signs must secure permits as stated in Collier County Ordinance No. 2002 -01, as amended. a. Valuation of construction costs of $75u.00 through $4,999.99 — With one or no inspections $50.00, With multiple inspections 1$ 00.00 b. Valuation of construction costs of $5000.00 through $49,999.99 — With one or no inspections - $30.00 plus $6.00 per thousand dollars, or fraction thereof, of building valuation in excess of $2,000.00. With multiple inspections - $80.00 plus $5.50 per thousand dollars, or fraction thereof, of building valuation in excess of $2000.00. c. Valuation of construction costs of $50,000.00 through $1,000,000.00— $250.00 plus $2.40 per thousand dollars, or fraction thereof, of building valuation in excess of $50,000.00. d. Valuation of construction costs over $1,000,000.00 - $2800.00 plus $2.40 per thousand dollars, or fraction thereof, of building valuation in excess of $1,000,000.00. O) ELECTRICAL PERMIT FEES 1) The fees for electrical permits for new structures or placement or relocation ODES Financial Administration, rev 04/13/04 page 10 of structures shall be computed as follows: a. $0.40 per ampere rating of all single -phase panel boards. b. $0.15 per ampere rating for switch or circuit whichever is greater, if item #1 above does not apply. c. When not a complete installation, all switch and circuit breakers ahead of panel boards shall be computed at $0.15 per ampere. d. Permit fees for any change in electrical installation shall be computed at the above rates for that portion of new and/or increased fees in existing electrical facilities. e. The minimum for any electrical permit shall be 5$ 0.00 per unit or tenant space. f. Fifty percent 50% in additional fee costs shall be added to all above fees for three phase installations. EXCEPTION: Ordinary repairs limited to a $200 value or less may be made without a permit. Repairs must comply with all County Codes and Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. P) PLUMBING PERMIT FEES 1) The following fee calculations shall be applied separately when the permit involves mixed occupancies. a) Residential occupancies: The fee for a plumbing permit shall be computed at the rate of $50.00 to be charged for each living unit with one to three bathrooms. An additional fee of $10.00 will be assessed for each additional bathroom. b) Nonresidential occupancies: The fee for a plumbing permit shall be computed by the following methods, whichever is calculated to be the greatest fee: a) The rate of $3.00 per 425 square feet of floor area, or fraction thereof; or b) Institutional facilities, hospitals, schools, restaurants and repairs in any occupancy b) classification shall be charged at the rate of $1.00 per fixture unit or c) Minimum of $50.00 for each occupancy or tenant space. 2) Grease traps: An additional fee of $50.00 shall be assessed for each grease trap. 3) The cost for retrofit piping shall be computed at the minimum fee of 50.00 per floor for each main riser. 4) The cost of a permit for lawn sprinkler systems shall be computed using the dollar valuation as shown under Section M of this Resolution. 5) The minimum plumbing permit fee shall be $50.00. Q) MECHANICAL PERMIT FEES 1) The following fee calculations shall be applied separately when the permit involves mixed occupancies. a. Residential occupancies: The mechanical permit fees shall be computed at the ODES Financial Administration, rev 04 /13/04 page 11 rate of $50.00 for each living unit up to three tons of air conditioning. Each additional ton or part thereof shall be $3.00 per ton. b. Nonresidential occupancies: The mechanical permit fees shall be computed by one of the following methods, whichever is calculated to be the greatest fee: The rate of 5$ 0.00 for the first three tons or three horsepower of air conditioning or other mechanical systems per tenant space, each additional ton of air conditioning or horsepower shall be 3.00; or The rate of $3.00 per 425 square feet of floor area, or fraction thereof. 2) The cost of retrofit piping shall be computed at the minimum fee of 5S 0.00 per floor for each cooling tower, or $50.00 for the first 3 horsepower and $3.00 for each additional horsepower, whichever is greater. 3) The minimum mechanical permit fee shall be $50.00. 4) A permit for the change out of components shall be calculated at the above mechanical permit fee rate or the minimum fee whichever is greater. R) FIRE PREVENTION AND CONTROL PERMIT FEES 1) The fees and exemptions set forth in the "Exhibit B" affixed hereto and made a part of this Schedule of Development Review and Building Permit Fees shall apply to Fire Prevention and Control Permits for both the independent and dependent fire districts. S) MOBILE HOME/OFFICE TRAILER AND OTHER TRAILER PERMIT FEES 1) The permit fee shall be $50.00 to set -up a single -wide trailer or mobile home on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable. 2) The permit fee shall be $75.00 to set -up a double wide or larger mobile homes on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable. T) CHICKEES AND SIMILAR STRUCTURES 1) The permit fee will be based upon a calculated cost of construction of $4.00 per square foot under roof or the contractor's estimated cost of construction, whichever is greater. The fee will then be calculated in accordance with Section N of this Resolution. Additional permit fees for electric, plumbing, mechanical, fire, etc., will be charged when applicable. U) POOL OR SPA PERMIT FEES 1) For construction of each public pool or spa the fee shall be — a. Valuation of construction costs of up to $4,999.99. $100.00 b. Valuation of construction costs of $5000.00 through $49,999.99: $80.00 plus $7.00 per thousand dollars, or fraction thereof, of building valuation in excess of $2,000.00. c. Valuation of construction costs of $50,000.00 through $1,000,000.00: $333.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $50,000.00. d. Valuation of construction costs over $1,000,000.00: $3474.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $1,000,000.00. 2) For construction of each private pool or spathe fee shall be: $100.00 CDES Financial Administration, rev 04 /13/04 page t2 V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES 1) Construction costs shall be calculated as follows: a. Screen Roof. $2.00 per sq. ft. of floor area. (Screen Walls Only) b. Pan Roof. $3.00 per sq. ft. of floor area. (Screen Walls Only) c. Existing Roof. $2.00 per sq. ft. of floor area. (Screen Walls Only) 2) The screen enclosure or roof fee will then be calculated in accordance with Section N of this Resolution. W) SIGN PERMIT FEES 1) Sign permit fees will be calculated in accordance with all applicable Building Permit Fees and Electrical Permit Fees outlined in this document, the Collier County Development Fee Schedule The minimum building permit fee for sign shall be $75.00. 2) Multiple signs of the same type (i.e., wall signs) and for a single project may be allowed per one permit, however an appropriate fee shall be charged for each sign in accordance with the schedule set forth in the above subsection 1 of Sign Permit Fees. X) CONVENIENCE PERMIT FEES 1) Convenience permits are issued in blocks of 10 each. Only licensed contractors are eligible to purchase convenience permits. Convenience permits are limited to the use specified on the permit. The fee for a book of 10 convenience permits is $400.00. Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS 1) PERMIT AND PLAN REVISIONS The fee for each permit revision submitted after permit issuance shall be calculated using fee schedules outlined in Sections N through R above. The minimum permit fee for revisions to permitted projects shall be $50.00. 2) AS BUILT PLANS The fee for "As Built" plan review shall be ten 1( 0 %n) percent of the original building permit fee or $150.00, whichever is greater, but shall not exceed $500.00. The fee is intended to cover the cost of reviewing amended building plans in the office to determine that change orders and various field changes are in compliance with the minimum construction and fire codes of Collier County. The following are required for as -built drawings review: a. An itemized list of all changes made after permit plan approval. b. As -built plans that have all changes made after permit plan approval "clouded ". c. As -built plans and changes shall be signed and sealed by the engineer and/or architect of record. 3) CORRECTIONS TO PLANS a. First Correction to Plans. No charee b. Second Correction to Plans. $75.00 c. Third & subsequent correction to plans. $100.00 Z) PERMIT EXTENSION 1) The filing fee for each permit extension shall be equal to 10% of the original building permit fee or $100.00, whichever is greater, but shall not exceed CDES Financial Administration, rev 04/13/04 page 13 500.0 0. The filing fee is intended to cover the cost of reviewing existing or amended building plans to determine and verify code compliance AA) DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES 1) The permit fee shall be 5$ 0.00 for the demolition of any building or structure. BB) PRE - MOVING INSPECTION FEES 1) The fee shall be $150.00 for the pre - moving inspection of any building or structure. CC) INSPECTION FEES 1) A charge of $20.00 per inspection shall be assessed for inspections for which a permit is not necessary. 2) A user fee of $40.00 per inspection shall be assessed for inspections on a time specified basis. 3) A user fee of $120.00 per inspection shall be assessed for inspections requested after normal working hours. (Normal working hours for inspections are Monday through Friday, 8:00 AM to 3:00 PM, excluding holidays.) 4) First Partial inspection for single - family & tenant buildout. No charge 5) Second & subsequent partial inspections for single- family & tenant buildout. $25.00 DD) REINSPECTION FEES 1) Re- inspections for any type of building permit, or required Engineering re- inspections, shall result in an additional fee of $75.00 per inspection for the first re- inspection, $100.00 for the second re- inspection and $125.00 for the third and each successive re- inspection. EE) FAILURE TO OBTAIN A PERMIT 1) Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be four times the regular fee not to exceed $1000.00 for permits costing $250.00 and less. The penalty for failure to obtain a permit when one is required having a cost greater than $250.00 shall be two times the regular amount. The payment of such fee shall not relieve any person from fully complying with the requirements of any applicable construction code or ordinance in the execution of the work, or from any penalty prescribed within any construction code, law or ordinance of Collier County. FF) LICENSING 1) The fee for licensing items is as follows: a. Letters of Reciprocity. $3.00 b. Contractors Change of Status. $10.00 c. Voluntary Registration of State Certified Contractors. $10.00 d. Pictures. $2.00 e. Laminating $1.00 (per license) GG) DUPLICATE PERMIT CARDS 1) The fee shall be $5.00 for the issuance of a duplicate permit card for whatever reason. CDES Financial Administration, rev 04/13/04 page 14 �E HH) CHANGE OF CONTRACTOR OR SUBCONTRACTORS 1) To record a change of contractor or subcontractor, on a permit that has been issued, the fee shall be $50.00. This fee includes the issuance of a new permit card. II) PERMIT FEE REFUNDS 1) If requested, in writing by the owner or his authorized agent, 50% of the fees charged, other than the application fee, may be refunded provided that a permit has been issued, construction has not commenced, and the refund is applied for prior to the cancellation of the permit. JJ }RECORD RETRIEVAL 1) No charge for retrieving records from inactive or remote storage including microfilmed documents KK) COPY FEES 1) The fee for blueprint and miscellaneous copying shall be as follows: a. Microfilm copies, of documents less than 11x17 inches: $0.15 other sizes at cost of production. f. Microfilm or Blueprint copies: 18 X 24 $1.25 per page 30 X 36 $2.50 per page 30 X 42 S3.25 per page 34 X 44 $5.00 per page g. Community Development self - service copier, public access and not related to public record retrieval or public record copies: documents less than 14x8.5 inches $0.15 per page inclusive of sales tax. LL) RESEARCH 1) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour 2) The fee for creating and designing special computer generated reports that are not part of the regular standard reports shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour. MM) SUBSCRIPTION SERVICE The fee for one -year subscription service to be mailed quarterly shall be 15.00 per year. The subscription year is from Oct. 1 through Sept. 30. NN) ELECTRONIC DATA CONVERSION SURCHARGE 1) A surcharge in the amount of 3% of the building permit application fee, with the minimum surcharge being $3.00 and the maximum being $150.00, will be applied to every building permit application submitted. A flat fee of $3.00 per permit will be charged for those permits for which an application fee is not required per item (M) of this Schedule. CDES Financial Administration, rev 04/13/04 page 15 00) REGISTRATION OF RENTAL DWELLINGS 1) The fee for registration of rental dwellings is as follows: a. Initial Registration Fee - $30.00 b. Annual Renewal - $20.00 c. Late Fee - $10.00 PP) FEE WAIVER PROCEDURES 1) Requests for fee waivers may only be approved by the Board of County Commissioners. Waiver requests for development review and building permit fees ,hall be submitted in writing directly to the appropriate Community Development & Environmental Services Division Staff, who will prepare an executive summary for consideration by the Board. Such requests ,hall include a statement indicating the reason for the fee waiver request and, if applicable, the nature of the organization requesting the fee waiver. QQ) ADDITIONAL FEE REFUND PROVISIONS 1) PAYMENT OF FEES: Full payment of fees is required for a complete application. Department policy requires full payment of fees at the time of application submittal. No work will begin on staff review of the application until all fees are paid in full. If full payment of fees is not received within 14 calendar days of application submittal, the application will be considered void. At this point, a new application and full payment of fees will be required to proceed with a project. 2) There will be no refund of Planning, Environmental, or Engineering related fees, except those applications which have been deemed not sufficient for staff review and are withdrawn within 30 days of notification will be entitled to a 50% refund. After 30 days from such notification, there will be no refund of submitted fees. 3) In no cases will there be refunds for pre - application fees, data conversion fees, appeals of administrative decisions, or appeals to the Board of Zoning Appeals or Building Board of Adjustment. 4) If staff error causes the inappropriate or unnecessary filing of an application and payment of fees, 100 percent of all inappropriate fees, shall be refunded upon written request and with the concurrence of Department management. 5) In those cases where alternative methods or timing of payments for CDES services and / or fees listed in this schedule associated with SBR reviews are deemed to best serve the public good, the Community Development and Environmental Services Administrator will have the authority to approve such alternatives. Such alternative must be in writing and signed by all principals involved. In no case shall final C.O. or such certifications of project completeness be issued until payments due CDES are received in full. 6) All hourly fees are computed and charged from actual Divisional time tracking records. 7) All acreage totals used in fee calculations will be rounded up to the nearest whole acre. 8) Any legal advertising required during any CDES activity or approval process will be charged in addition to stated fees, at actual costs. CDES reserves the right to charge an estimated amount with the initially required project fees, and will reconcile and adjust such charges against actual legal advertising billings at the completion of the project. 9) When deemed essential for project review or approval, there will be no additional charge for any meetings requested by CDES staff. CDES Financial Administration, rev 04 /13/04 page 16 16A6 4 j BUILDING VALUATION DATA As a service to our members, SBCCI offers the following building valuation data for the Standard Building Code© and the International Building Code®. The building valuation data represents the current average construction costs per sq. ft. The average costs include structural, electrical, plumbing, mechanical, interior finish, normal site preparation (excavation and backfill for building), architectural and design fees, overhead and profit. When using this data, it should be noted that these are "average" costs based on typical construction methods for each occupancy group and type of construction. These figures should be adjusted as appropriate. Occupancies are divided into two categories: "good"' and "average, "' to reflect the broad range of construction values. This data was compiled by SBCCI using the Marshall Valuation Service as published by the Marshall and Swift Publication Company, Los Angeles, California. Note: Alabama is the base state for this table. Building Valuation Data produced March 31,2002. Data in the tables must be multiplied by the appropriate regional modifier. STANDARD BUILDING CODE© Type of Construction Occupancy 1 II III I IV, 1 V5 VI5 1 -HR I UNP 1 1 -HR 1 UNP 1 1 -HR I UNP Assembly Auditorium — Good 131 126 101 64 62 100 96 66 62 — Average 96 93 73 45 42 72 68 46 42 Church — Good 127 122 103 89 87 102 98 81 92 — Average 93 90 75 65 63 74 70 70 66 Gymnasium — Good 104 104 83 76 73 82 78 79 75 — Average 77 77 61 54 52 60 56 57 53 Restaurant — Good 108 108 89 82 80 88 85 85 81 — Average 81 81 70 62 59 69 65 66 62 Theater — Good 123 119 86 78 76 85 81 81 77 — Average 92 90 62 55 53 61 57 58 54 Business Office — Good 113 109 89 80 77 88 84 85 81 — Average 86 82 65 56 53 64 60 62 58 Research /Engineering — Good 72 69 63 57 55 62 58 59 55 — Average 53 51 45 39 37 44 40 41 37 Service Station — Good 108 104 87 85 82 86 82 72 68 — Average 98 94 73 70 68 72 68 61 57 Educational School — Good 104 104 87 80 77 86 82 83 79 1 — Average 81 81 68 61 58 67 63 64 60 Factory4ndustrial Factory (light MGF) — Good 44 42 44 38 36 43 39 41 37 — Average 30 29 33 27 25 32 28 30 26 Hazardous (Sprinkler System Included)` Hazardous — Good 46 43 46 40 38 45 41 42 38 — Average 32 30 35 29 27 34 30 32 28 16A6 . Type of Construction` Occupancy i ii iVs V5 V15 1 -HR UNP 1 -HR UNP 1 -HR I UNP Convalescent Hospital — Good 139 135 106 89 87 105 N /P' 101 N /P' — Average 114 111 87 68 66 81 N /P' 78 N /P' Hospital — Good 199 195 159 89 87 158 N /P' 151 N /P' — Average 151 149 119 68 66 119 N /P' 114 N /P' Department Stores 84 80 70 63 61 69 65 65 61 — Good 89 87 76 56 54 75 71 59 55 — Average 68 67 62 43 40 61 57 46 42 Mall Stores 77 75 65 58 56 64 60 61 57 — Good 102 102 74 67 64 73 69 70 66 — Average 83 83 61 54 52 60 56 57 53 Mall- Concourse 79 77 68 62 60 67 63 65 61 — Good 80 80 59 56 54 58 54 58 54 — Average 63 63 46 43 41 45 41 45 41 Retail Store 82 80 76 50 48 75 71 71 67 — Good 70 69 62 56 54 61 57 59 55 — Average 56 54 48 43 40 48 44 46 42 0— irinnfiai Apartments — Good 84 80 70 63 61 69 65 65 61 — Average 66 63 55 48 46 54 50 51 47 Dormitories — Good 99 97 84 77 74 83 79 78 74 — Average 77 75 65 58 56 64 60 61 57 Homes for Elderly 30 29 36 29 27 35 31 32 28 — Good 100 98 88 82 80 87 83 85 81 — Average 79 77 68 62 60 67 63 65 61 Hotel 35 33 36 28 26 35 31 32 28 — Good 105 102 89 68 66 89 85 84 80 — Average 82 80 76 50 48 75 71 71 67 Motel 36 34 29 23 21 28 24 26 22 — Good 105 102 73 68 66 73 69 71 67 — Average 82 80 55 50 48 54 50 53 49 Single Family Residence — Good 90 87 77 70 68 76 72 70 66 — Average 68 65 57 51 49 56 52 52 48 CTnrano Auto Parking Structure — Good 39 37 N /D2 N /D2 N /D2 NIDZ N /DZ N /DZ N /Dz — Average 30 29 N /D2 24 21 N /D2 N /D2 N /D2 N /D2 Private Garage — Good 39 37 45 37 35 44 40 41 37 — Average 30 29 36 29 27 35 31 32 28 Repair Garage — Good 48 45 48 38 36 47 43 42 38 — Average 35 33 36 28 26 35 31 32 28 Warehouse — Good 49 47 39 33 31 38 34 35 31 — Average 36 34 29 23 21 28 24 26 22 16A6 A i�, Notes: 1. N/P -Not permitted by code. minimum code required plumbing fixtures, and lighting and 2. N /D- Insufficient data to determine average cost. electric outlets, with good quality fixtures, interior and exterior 3. Unfinished basements $11.81/sq. ft. finishes, and carpets. 4. For sprinklered buildings in other than hazardous 7. An average building has minimum model energy code occupancies add $1.75 /sq. ft. insulation levels, with a forced air system, contains the minimum 5. In Type IV, V, and VI, add $41,000 per elevator code required plumbing fixtures, lighting, electric outlets; and has 6. A good building will normally have some components which average quality interior and exterior finish and minimum carpet. are only average, but many will be better than average. A good building is well insulated to utility standards, with packaged or zoned air conditioning; and has more than the INTERNATIONAL BUILDING CODE® Type of Construction" Occupancy I II III IV V A S A I B I A I B I A I B Assembly Auditorium — Good 131 126 64 62 100 96 101 66 62 — Average 96 93 45 42 72 68 73 46 42 Church — Good 127 122 89 87 102 98 103 81 92 — Average 93 90 65 63 74 70 75 70 66 Gymnasium — Good 104 104 76 73 82 78 83 79 75 — Average 77 77 54 52 60 56 61 57 53 Restaurant — Good 108 108 82 80 88 85 89 85 81 — Average 81 81 62 59 69 65 70 66 62 Theater — Good 123 119 78 76 85 81 86 81 77 — Average 92 90 55 53 61 57 62 58 54 Business Office — Good 113 109 80 77 88 84 89 85 81 — Average 86 82 56 53 64 60 65 62 58 Research /Engineering — Good 72 69 57 55 62 58 63 59 55 — Average 53 51 39 37 44 40 45 41 37 Service Station — Good 108 104 85 82 86 82 87 72 68 — Average 98 94 70 68 72 68 73 61 57 Educational School — Good 104 104 80 77 86 82 87 83 79 — Average 81 81 61 58 67 63 68 64 60 Factory- Industrial Factory (light MGF) — Good 44 42 38 36 43 39 44 41 37 — Average 30 29 27 25 32 28 33 30 26 Hazardous (Sprinkler System Included)` Hazardous — Good 46 43 40 38 45 41 46 42 38 — Average 32 30 29 27 34 30 35 32 28 Type of Construction Occupancy I 11 III IV V A B A B A B A B Convalescent Hospital — Good 139 135 89 87 105 N /P' 106 101 N /P' — Average 114 111 68 66 81 N /P' 82 78 N /P' Hospital — Good 199 195 89 87 158 N /P' 159 151 N /P' — Average 151 149 68 66 119 N /P' 119 114 N /P' ul--4nn Department Stores 84 80 63 61 69 65 70 65 61 — Good 89 87 56 54 75 71 76 59 55 — Average 68 67 43 40 61 57 62 46 42 Mall Stores — Good 102 102 67 64 73 69 74 70 66 — Average 83 83 54 52 60 56 61 57 53 Mall-Concourse 100 98 82 80 87 83 88 85 81 — Good 80 80 56 54 58 54 59 58 54 — Average 63 63 43 41 45 41 46 45 41 Retail Store 105 102 68 66 89 85 89 84 80 — Good 70 69 56 54 61 57 62 59 55 — Average 56 54 43 40 48 44 48 46 42 Apartments — Good 84 80 63 61 69 65 70 65 61 — Average 66 63 48 46 54 50 55 51 47 Dormitories — Good 99 97 77 74 83 79 84 78 74 — Average 77 75 58 56 64 60 65 61 57 Homes for Elderly 35 33 28 26 35 31 36 32 28 — Good 100 98 82 80 87 83 88 85 81 — Average 79 77 62 60 67 63 68 65 61 Hotel 36 34 23 21 28 24 29 26 22 — Good 105 102 68 66 89 85 89 84 80 — Average 82 80 50 48 75 71 76 71 67 Motel — Good 105 102 68 66 73 69 73 71 67 — Average 82 80 50 48 54 50 55 53 49 Single Family Residence — Good 90 87 70 68 76 72 77 70 66 — Average 68 65 51 49 56 52 57 52 48 gfnran44 Auto Parking Structure — Good 39 37 N /DZ N /DZ NlD2 N /DZ NlD2 N /Dz N /DZ — Average 30 29 24 21 N /D2 N /D2 N /D2 N /D2 N /D2 Repair Garage — Good 48 45 38 36 47 43 48 42 38 — Average 35 33 28 26 35 31 36 32 28 Warehouse — Good 49 47 33 31 38 34 39 35 31 — Average 36 34 23 21 28 24 29 26 22 Occupancy Utilitv and Miscellaneous Type of Construction I II III A I B I A I B I A I B IV 1 V A 1 Private Garage 1.03 Knoxville REGIONAL MODIFIERS Memphis 1.05 Nashville 1.07 (For use with SBC and IBC) 0.99 - Good 39 37 37 35 44 40 45 41 37 - Average 30 29 29 27 35 31 36 32 28 Greenhouse INDIANA 1.15 NEW HAMPSHIRE 1.09 - Good N /D2 N /D2 11.90 N /D2 N /D2 N /D2 N /D2 N /D2 5.70 - Average N /D2 N /D2 5.53 N /D2 N /D2 N /D2 N /D2 N /D2 3.71 Notes: 1. N/P -Not permitted by code. minimum code required plumbing fixtures, and lighting and 2. N /D- Insufficient data to determine average cost. electric outlets, with good quality fixtures, interior and exterior 3. Unfinished basements $11.81/sq. ft. i,iishes, and carpets. 4. For sprinklered buildings in other than hazardous 7. An average building has minimum model energy code occupancies add $1.75 /sq. ft. insulation levels, with a forced air system, contains the minimum 5. In Type 11, 111, and V, add $41,000 per elevator code required plumbing fixtures, lighting, electric outlets; and has 6. A good building will normally have some components which average quality interior and exterior finish and minimum carpet. are only average, but many will be better than average. A good building is well insulated to utility standards, with packaged or zoned air conditioning; and has more than the TENNESSEE 1.03 Knoxville REGIONAL MODIFIERS Memphis 1.05 Nashville 1.07 (For use with SBC and IBC) 0.99 ALABAMA 1.00 IDAHO 1.11 NEBRASKA 1.09 Birmingham 1.05 Houston 1.03 Victoria 0.95 Mobile 1.04 ILLINOIS 1.22 NEVADA 1.19 Opelika 0.95 INDIANA 1.15 NEW HAMPSHIRE 1.09 ALASKA 1.67 IOWA 1.16 NEW JERSEY 1.30 ARIZONA 1.09 KANSAS 1.06 NEW MEXICO 1.03 ARKANSAS 0.97 Gallup 1.17 Little Rock 1.03 KENTUCKY 1.11 Taos 1.21 West Memphis 1.04 Covington 1.14 New Port 1.14 NEW YORK 1.20 CALIFORNIA 1.27 LOUISIANA 1.02 NORTH CAROLINA 1.03 COLORADO 1.13 Baton Rouge 1.02 Charlotte 1.05 Aspen 1.49 New Orleans 1.04 Raleigh 1.06 Shreveport 1.02 CONNECTICUT 1.25 NORTH DAKOTA 1.13 MAINE 1.11 DELAWARE 1.23 OHIO 1.14 MARYLAND 1.13 DISTRICT OF Baltimore 1.21 OKLAHOMA 0.99 COLUMBIA 1.19 Oklahoma City 1.08 MASSACHUSETTS 1.24 FLORIDA 1.03 OREGON 1.21 Jacksonville 1.03 MICHIGAN 1.16 Miami 1.00 PENNSYLVANIA 1.17 Orlando 1.09 MINNESOTA 1.20 Tampa 1.08 RHODE ISLAND 1.23 MISSISSIPPI 0.98 GEORGIA 1.02 Jackson 1.00 SOUTH CAROLINA 1.02 Atlanta 1.11 Columbia 1.03 Columbus 1.01 MISSOURI 1.09 Myrtle Beach 1.05 HAWAII 1.61 MONTANA 1.09 SOUTH DAKOTA 1.10 TENNESSEE 1.03 Knoxville 1.08 Memphis 1.05 Nashville 1.07 TEXAS 0.99 Amarillo 1.02 Corpus Christi 0.95 Dallas /Ft. Worth 1.05 El Paso 0.99 Houston 1.03 Victoria 0.95 Waco 1.00 Wichita Falls 1.02 UTAH 1.06 VERMONT 1.14 VIRGINIA 1.02 Alexandria 1.18 Fredericksburg 1.15 Richmond 1.05 WASHINGTON 1.24 WEST VIRGINIA 1.17 WISCONSIN 1.19 WYOMING 1.08 N m c Lo t V 3 a m Z N LL 0 J �a m, t x L LI 16,6 c Gb '� o 0 0 u 2 U o c U 0 N a� O. 7 In 8 � N -a Q O d c. a 0 L W o QO 8 p LL O U'1 III CD L � N 6g O a U W c 0 O o c o � N U O �N O O h N O � ,7D �! U G L � O O °o LL ro a� p 0 0O ^O a z VJ W c O L o O d � V Q R 4n ctl n 0 CO) ca cts 3 b CD R V 8 U � 3 � m x L .F+ C A RT 0 A? 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C Lp oo n F a P6 U v p ci v� ^o = ai ro 16A8 " -1 MEMORANDUM Date: April 14, 2004 To: Sherry Eaton, Engineer Tech Planning Services Department From: Maureen Kenyon, Deputy Clerk Minutes & Records Department Re: Assignment Agreement Between the Fiddler's Creek Community Development District 1 and The Board of County Commissioners of Collier County as The Governing Body of Collier County and Ex- Officio Board the Governing Board of the Collier County Water -Sewer District Enclosed please find one (1) original agreement, as referenced above, as approved by the Board of County Commissioners on April 13, 2004 (Agenda Item #16A8). Upon recording of the above referenced document, please provide us with the original packet. If you should have any questions, please contact me at 774 -8406. Thank you. Enclosures ORIGINAL 16A8 ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT made and entered into this IPL day of a , 2003, by and between the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 1, a political subdivision of the State of Florida, (hereinafter referred to as "Assignor "), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER 'COUNTY AS THE GOVERNING BODY OF COLLIER COUNTY AND EX- OFFICIO BOARD THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Assignee "). WHEREAS, Assignor is the Grantee underthat certain Assignment of Reservations and that certain Utility Easement ( "Utility Easement ") from 951 Land Holdings, Ltd., a Florida limited partnership ( "951 Land Holdings "), to Assignor concerning certain waterand sewer facilities located within the real property referenced in said Utility Easement, a copy of said Utility Easement being attached hereto and made a part hereof as Exhibit "A "; and WHEREAS, certain water and sewer facilities located within the aforedescribed Utility Easement have been conveyed to Assignor from 951 Land Holdings by Utility Facilities Warranty Deed and Bill of Sale, which water and sewer facilities are simultaneously herewith being conveyed to Assignee from Assignor; and WHEREAS, it is necessary that Assignee obtain the rights of Assignor as the Grantee in said Utility Easements as to said water and sewer utility facilities. NOW THEREFORE WITNESSETH that for and in consideration of the premises and in consideration of the sum of Ten and 00/100 Dollars ($10.00), receipt of which is acknowledged by Assignor from Assignee, and other good and valuable consideration, the parties hereto agree as follows: 1) Assignor hereby conveys, grants, transfers, demises, releases and assigns unto Assignee, its successors and assigns, all of the rights of Assignor as Grantee under the Utility Easements referenced hereto and made a part hereof as Exhibit "A" as to the aforesaid water and sewer utility facilities. Assignee aforesaid hereby accepts said assignment. 2) Govenii_ng LaW. This Assignment shall be construed and enforced in accordance with and governed by the laws of the State of Florida. Page I of 3 3) Modification, Additional Assurances. No change, amendment, modification or cancellation of any part of this Assignment Agreement shall be valid unless in writing and signed by Assignor and Assignee. 4) Binding Effect. The terms, covenants and conditions contained herein shall inure to the benefit and be binding upon Assignee and Assignor and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written. Attest: Art odward, Assistant Secretary STATE OF FLORIDA COUNTY OF COLLIER ASSIGNOR: FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 1 By: Clifford son, Vice Chairman The foregoing Assignment Agreement was sworn to and subscribed before me by Clifford A. Olson, as Vice Chairman of the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 1, on behalf of the Fiddler's Creek Community Development District who is personally known to me. WITNESS my hand and official seal this 11PL day of ALYM U-4 , 2003. Notary Public Print Name: My Commission Expires: (SEAL) y ; CARRIE E. LADEW A. MY COMMISSION N DD 039891 EXPIRES: October 22 2005 Bonded Thor "Ary Public U„ de�wrders I'agc 2 of 3 ATTEST: . DWIGHT E. BROCK, Clerk B Deputy Cle k.•- attest as; Signature qtly. Approved as to from and legal sufficiency Assistant County Attorney STATE OF FLORIDA COUNTY OF COLLIER 16A8 ASSIGNEE: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLO- RIO "AS,;, THE GOVERNING BOD "OF COLLIER, COUNTY AND AS EX- QrFICIO THE GOVERNING BOARD OFTHE COLLIER COUNTY VATER- SEINER DISTRICT �LQ�G Donna Fiala, Cliairr?1,a,n Item # Agenda Date !% .'� e /!: i;Utv HEREBY CERTIFY that on this day, before rne, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared _iJ'�rh " FWe- , well (mown to me to be the Chairman of the Board of County Commissioners, Collier County, Florida, As The Governing Body of Collier County and as Ex- Officio the Governing Board of The Collier County Water -Sewer District, being authorized so to do, executed the foregoing Assignment Agreement for the purpose therein contained under authority duly invested by the Board of County Commissioners, and that the seal affixed thereto is the true seal of said Board. WITNESS my hand and official seal in the County and State last aforesaid this 131-t-i day of _J9 ter( L —,20o,-( (Notarial Seal) This instrument prepared by: Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 Tarniami Trail North, Suite 200 Naples, Florida 34103 (239) 649 -6555 Page 3 of 3 Notary ublic Print Narrle: My Commission Expires: :�A�q0 YL EN SU �I� 0 ~'� ''= ► MY COMMISSION # C EXPI C 898299 PF aunc!ed 17 ru�NSeApril28 2004 PuWis Underwriters Exhibit "A" IRM 8 HOLE MONTES BIGi� FiAMERS SURVEYORS 95) &an My • Naples, Florida 34110 • Phm 239.254.2000 • Fu: 239.2542075 HM PROJECT #1998070 8/28/2003 REF. DWG. #B-4352 PAGE 1 of 1 LEGAL DESCRIPTION: A I->ARCEL OF LAND LOCATED IN A PORTION OF SECTION 14, TOWNSHIP 51 SOUTH, RAIJGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS- COMMENCt. AT THE NORTHEAST CORNER OF TRACT F -25, FIDDLER'S CREEK PHASE 2A, UNIT THREE ACCORDING TO THE PLAT T]iEREOF AS RECORDED IN PLAT BOOK 35 AT PAGES 98 THROUGH 102 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.00°2V31'E. ALONG THE L=AST LINE OF SAID TRACT F -25, FOR A DIS" ANCE OF 43328 FEET TO THE EINT OF IgGINN}NG OF THE PARCEL OF LAND HEREIN DESCRIBED THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N.05- 18'02"W., A DISTANCE OF 700.00 FEET THEREFROM; THENCE RIJN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 700.00 FEET, THROUGH A CENTRAL. ANGLE OF 06 °12'06 ", SUBTENDED BY A CHORD OF 75.73 FEET AT A BEARING OF N.81- mi'55'E., FOR A DIZESTANCE OF 75.77 FEET TO THE END OF SAID CURVE; THENCE RUN S.00'2931'E., FOR A DISTANCE OF 101.65 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N.10°06'19'W., A DISTANCE OF 800.00 FEET THEREFROM; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 800.00 FEET, THROUGH A CENTRAL ANGLE OF 04 °51'33', SUBTENDED BY A CHORD OF 67.82 FEET AT A BEARING OF 8.82 °1927'W., FOR A DISTANCE OF 67.85 FEET TO THE END OF SAID CURVE.; THENCE RUN S.4101729'W., FOR A DISTANCE OF 19.10 FEET; THENCE RUN S.00- 26- 31 -E., FOR A DISTANCE OF 20.63 FEET; THENCE RUN S.BV3329'W., FOR A DISTANCE OF 65.00 FEET; THENCE RUN N.00°26'31 -W., FDR A DISTANCE OF 32.15 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N.00°19'31'E., A DISTANCE OF 800.00 FEET THEREFROM; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 800.00 FEET, THROUGH A CENTRAL ANGLE OF 38°40'49', SUBTENDED BY A CHORD OF 503.45 FEET AT A BEARING OF N.71 °20'04'W., FOR A DISTANCE OF 512.15 FEET TO A POINT ON THE NORTHERLY LINE OF TRACT L -21 OF SAID FIDDLER'S CREEK PHASE 2A, UNIT THREE AND THE END OF SAID CURVE; THENCE RUN N.52059'40'W. ALONG THE NORTHERLY LINE OF SAID TRACT L -21, FORA DISTANCE OF 33826 FEET TO A POINT ON THE EASTERLY LINE OF TRACT R OF SAID FIDDLER'S CREEK PHASE 2A, UNIT THREE; THENCE RUN N.37 °0020'E. ALONG SAID TRACT R. FOR A DISTANCE OF 100.00 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID TRACT F -25; THENCE RUN S.52 °59'40'E. ALONG THE SOUTHERLY LINE OF SAID TRACT F -25, FOR A DISTANCE OF 338.26 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE SOUTHERLY LINE OF SAID TRACT F -25 AND ALONG THE ARC: OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 700.00 FEET, THROUGH A CENTRAL ANGLE OF 42 01822', S !BTENDED BY A CHORD OF 50520 FEET AT A BEARING OF S.74 008'51'1'.. FOR A DISTANCE OF 516..87 FEET TO THE PQINT OF' BEGINNING: CONTAINING 2262 ACRES, MORE OR LESS. THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF TRACT F -25, FIDDLER'S CREEK PHASE 2A, UNIT THREE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 35 AT PAGES 98 THROUGH 102 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AS BEING S.00°26'31 "E. HOLE MONTES, INC. CERTIFICATE OF AUTHORI A11ON NUMBER LB 1772 A. Alroo P.S.M. #5628 THORNS M. muW-v STATE OF FLORIDA WA1991%1999070VZMS,bc 16P,9 MEMORANDUM Date: May 28, 2004 To: John Houldsworth, Senior Engineer Planning Services From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Construction and Maintenance Agreement Independence Phase One Enclosed please find one copy of the document as referenced above (Agenda Item #16A9) approved by the Board of County Commissioners on April 13, 2003. The original agreement is being retained for the record. If you should have any questions, please contact me at: 774 -8411. Thank you. Enclosure 16A9 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS 4 �_T_:h- THIS CONSTRUCTION AND ENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ay of Asti, , 2004- between Habitat for Humanity of Collier County Inc. , hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the 'Board." RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: INDEPENDENCE PHASE ONE B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: Developer will cause to be constructed: Surface Water Management Lakes and Detention Areas, Roadways and Appurtenances; Potable Water Distribution System (with Fire Hydrants); Sanitary Sewer Collection System; Electrical Distribution; and Communication Network within 12 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $ 1,045,047.11 which amount represents 15% of the total contract cost to complete construction plus 100% of the estimate cost to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of R: \Users\Land Development \lndependenmNContractor\CMA (04- 09 -04)Am 16A9 substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one (1) year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of R: \Users\Land DevelopmeMUndependewe \Contractor \CMA (04- 09- 04).dm 16p such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are an shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of , 20_. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Print Name Kara I oul heras 1 Print Name Paul Uia ATTEST: DWIGHT E. BROCK, CLERK LIZA sufficiency: a '� � mewuw• fifer A. elpedio Assistant County Attorney R:Wsers\Land Development %lndependencekContractor\CMA (04 -09- 04).doc Habitat for Hum ty f Collier County, Inc. Sam Durso, M.D., President BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: S 4Z Donna Itiala, Chairperson Item # % A q Agenda Date y 13 1 O� Date Recd 5 ZS 0q eputy Clerk Proposal 2/9/2004 Submitted To: Wilson Miller Address: 3200 Bailey Lane, Suite 200 Naples, FL. 34105 Contact: Phone: (239) 6494040 Fax: (239) 643 -5716 HESS INC. Paving and Sitework Contractor` 1990 Seward Avenue Naples, Florida 34109 (239) 597 -6221 (239) 597 -7416 Fax email: info @bonnessine.com Bid Title: Project Location: 16A5 Independence Subdivision - Phase I Immokalee Project City, State: Immokalee, FL Engineer/Architect: Wilson Miller, Inc Item No. Item Description Estimated Quantitv Unit Unit Price Total Price 01 - Sanitary Collection Svstem 01 TV Sewer (Preliminary) 2,075.00 LF $1.87 02 TV Testing (Final) 2,075.00 LF $1.87 03 Connect to Exist. Manhole 1.00 EACH $10,666.24 04 8" PVC Gravity Main 0 -6 1,170.00 LF $26.67 05 8" PVC Gravity Main 6 -8 713.00 LF $35.20 06 8" PVC Gravity Main 8 -10 123.00 LF $50.13 07 8" PVC Gravity Main 10 -12 69.00 LF $59.73 08 Manholes 4' Diameter 0 -6 1.00 EACH $2,666,56 09 Manholes 4' Diameter 6 -8 2.00 EACH $2,986.55 10 Manholes 4' Diameter 8 -10 4.00 EACH $3,999.84 11 Manholes 4' Diameter 10 -12 1.00 EACH $4,906.47 12 Single Sanitary Sewer Services 12.00 EACH $373.32 13 Double Sanitary Sewer Services 18.00 EACH $421.32 14 Open Cut And Restore Little League Road 1.00 LS $2,202.74 $2,202.74 Total Price for the above 01 - Sanitary Collection System items: 02 - Potable Water $3,880.25 $3,880.25 $10,666.24 $31,203.90 $25,097.60 $6,165.99 $4,121.37 $2,666.56 $5,973.10 $15,999.36 $4,906.47 $4,479.84 $7,583.76 $2,202.74 $128,827.43 15 1" PVC Double Service 21.00 EACH $373.32 $7,839.72 16 3/4" PVC Water Service Complete 6.00 EACH $346.65 $2,079.90 17 Connect To Exist. Water W/ Gap 1.00 EACH $2,346.57 $2,346.57 Configuration 18 8" PVC Water Main CL200 2,212.00 LF $21.07 $46,606.84 19 8" PVC Water Main CL150 92.00 LF $26.67 $2,453.64 20 3" PVC Casing Water Services 258.00 LF $6.40 $1,651.20 21 Fire Hydrant Assembly 5.00 EACH $2,453.24 $12,266.20 22 8" Gate Valve W /Box 5.00 EACH $906.63 $4,533.15 23 Temp. Bacterial Sample Points 3.00 EACH $373.32 $1,119.96 24 Perm. Bacterial Sample Points 1.00 EACH $506.65 $506.65 25 Open Cut And Restore Little League Road 1.00 LS $2,202.74 $2,202.74 Total Price for the above 02 - Potable Water items: $83,606.57 03 - Drainage 26 Valley Gutter Inlet (Top & Bottom) 7.00 EACH $1,919.92 $13,439.44 27 Type X Grate Inlet 3.00 EACH $1,333.28 $3,999.84 28 Type C Grate Inlet 1.00 EACH $1,599.94 $1,599.94 29 Type D Grate Inlet 3.00 EACH $1,919.92 $5,759.76 30 Type H Grate Inlet 1.00 EACH $2,399.90 $2,399.90 Paae 1 of 3 Paving and 5ltewc,6 Contractors 1990 Seward Avenue Naples, Plorida 34109 (239) 597 -6221 (239) $97 -7416 Pax email: Info @bonnessinc.com 16A9 31 10" Yard Drain 1.00 EACH $479.98 $479.98 32 10" PVC 104.00 LF $18.13 $1,885.52 33 15" RCP 701.00 LF $22.40 $15,702.40 34 18" RCP 454.00 LF $26.67 $12,108.18 35 30" RCP 1,446.00 LF $48.00 $69,408.00 36 36" RCP 921.00 LF $61.86 $56,973.06 37 14 X 23 ERCP 40.00 LF $37.33 $1,493.20 38 13 X 17 ERCP 100.00 LF $26.67 $2,667.00 39 30" FES 3.00 EACH $1,039.96 $3,119.88 40 Junction Box X X 3' 1.00 EACH $1,599.94 $1,599.94 41 Junction Box 4' X 4' 4.00 EACH $1,813.26 $7,253.04 42 Junction Box 4.5' X 4.5' 1.00 EACH $2,453.24 $2,453.24 43 Control Structure 1.00 EACH $2,346.57 $2,346.57 44 15" MES 1.00 EACH $479.98 $479.98 45 13" X 17" MES 2.00 EACH $373.32 $746.64 46 36" MES 1.00 EACH $906.63 $906.63 Total Price for the above 03 - Drainage items: $206,822.14 04 - Paving 47 3/4" Asphalt (1St Lift) 5,103.00 SY $2.47 $12,604.41 48 3/4" Asphalt (2ND Lift) 5,103.00 SY $2.60 $13,267.80 49 12" Stabilized Subgrade 7,546.00 SY $3.04 $22,939.84 50 8" Limerock Base 5,103.00 SY $7.07 $36,078.21 51 1 -1/2" Asphalt (1St Lift) 921.00 SY $5.86 $5,397.06 52 1 -1/2" Asphalt (2Nd Lift) 921.00 SY $6.57 $6,050.97 53 8" ABC -3 Asphalt 1,112.00 SY $23.58 $26,220.96 54 Sod (Bahia) 1' At BOC 532.00 SY $1.84 $978.88 55 2' Valley Gutter 4,169.00 LF $4.98 $20,761.62 56 Type "D" Curb 261.00 LF $9.22 $2,406.42 57 Type "E" Curb 134.00 LF $9.50 $1,273.00 58 4" Concrete Sidewalk 3,371.00 SY $16.59 $55,924.89 59 6" Solid Stripe Double Yellow 570.00 LF $0.34 $193.80 60 6" Skip Stripe White 1,226.00 LF $0.12 $147.12 61 6" Solid Stripe White 1,552.00 LF $0.17 $263.84 62 Stop Bar 24" (Thermo) 54.00 LF $8.38 $452.52 63 12" Wide X 6' Long White Solid Crosswalk 155.00 LF $0.84 $130.20 64 Directional Arrows /Markers 10.00 EACH $27.93 $279.30 65 Reflective Pavement Marker: Bi Directional 29.00 EACH $4.47 $129.63 Amber 66 Reflective Pavement Marker: Blue 5.00 EACH $11.18 $55.90 67 Reflective Signs 3.00 EACH $128.48 $385.44 68 Right & Left Turn Signs 4.00 EACH $139.65 $558.60 69 Littoral Designation Signs 3.00 LS $139.65 $418.95 70 Stop Signs 4.00 EACH $139.65 $558.60 71 Speed Limit Signs 5.00 EACH $139.65 $698.25 72 Street Signs 1.00 EACH $173.17 $173.17 73 Maintenance Of Traffic 1.00 LS $8,233.89 $8,233.89 Total Price for the above 04 - Paving items: $216,583.27 05 - Earthwork 74 Clear & Grub (ROW & Easements) 7.74 ACRE $1,115.75 $8,635.91 75 Clear & Grub (Lots) 7.28 ACRE $1,115.75 $8,122.66 76 Import Fill (ROW & Easements) 21,925.00 CY $7.11 $155,886.75 Paae 2 of 3 O NNES S INC. Paving and Sitework Contractors 1990 Seward Avenue Naples, Florida 34109 (239) 597 -6221 (239) 597 -7416 Fax email: info @bonnessinc.com 16A9 77 78 Import Fill (Lots) Perimeter Berm Construction 29,657.00 CY $0.00 $0.00 79 Sod Lake Bank 2,941.00 1,233.00 CY SY $2.13 $1.84 $6,264.33 $2,268.72 80 81 Littoral plantings Lake Excavation 1.00 LS $252.77 $252.77 29,126.00 CY $2.45 $71,358.70 Total Price for the above 05 - Earthwork items: $252,789.84 06 - Miscellaneous Items Not Included In Bid Form 82 83 Silt Fence Strip site 4,260.00 LF $1.00 $4,260.00 84 Mobilization 1.00 LS $9,504.40 $9,504.40 85 Final Grade R.O.W./ Turn Lanes 1.00 1.00 LS $2,877.15 $2,877.15 LS $3,465.82 $3,465.82 Total Price for the above 06 - Miscellaneous Items Not Included In Bid Form items: $20,107.37 Total Bid Price: $908,736.62 Notes: ' THIS IS A UNIT PRICE PROPOSAL. PROPOSAL BASED ON QUANTITIES GIVEN BY WILSON MILLER. Subject to prompt acceptance within 30 days and to all conditions stipulated on the reverse side, we agree to furnish materials and labor at the price(s) set forth above. ' A ONE TIME final grade has been included. Final grade does not include the raking or removal of other trades debris or regrading after trenching by others has been performed; I.E. UTS, FPL, cable or irrigation. Permits, fees, layout, survey, asbuilts and testing by others. Removal and /or replacement of unsuitable materials (Le. rock and /or muck) below grade is not included. ' Proposal based on the plans by Wilson Miller, sheet 1 /cover dated July 2003, sheets 2 -19 dated June 2003, last revision 10/03. ' No blank utility casings. ' Irrigation system by others. Landscaping, sod and seed by others. All signs will be mounted on galvanized posts. ' No building demolition included. ' Meters not included. ' Dewatering permit by others. ' Strip material to be used on site in green /landscape /berm areas. Payment Terms: Payment due within 30 days of date of invoice, regardless of when payment is made by Owner ACCEPTED: The above prices, specifications and conditions are satisfactory and are ,hereby�,c.�er ed� Buyer 6Q.Zt' Ye � Signature Date of Acceptance Pnae 3 of 3 CONFIRMED: Bonness Inc. <Signature: _ John Je(nki CONDITIONS PROPOSAL 6A 9 1. Acceptance of this proposal by the party to whom it is submitted. ("Owner), shall be acceptance of all terms and conditions recited herein or incorporated by reference. Allowing BONNESS INC. to commence work or preparation for work will constitute accep- tance by Owner of this Proposal and all its terms and conditions. Quotations herein, unless otherwise stated, are for immediate acceptance and subject to change. 2. Contractor shall be paid monthly progress payments on or before the tenth (10th) of each month for the value of work completed plus the amount of materials and equipment suitable stored applied to the contract sum less the aggregate of previous payments to contractor. Final payment shall be due when the work described in this Proposal is substantially completed. Sales of materials are payable in cash on delivery of the goods. 3. No back charges or claim of the Owner for services shall be valid except by the agreement in writing by Contractor before work is performed. 4. Ail sums not paid when due shall bear interest at the rate of 11,12% per month from due date until paid or the maximum legal rate permitted by law whichever is less; and all costs of collection, including a reasonable attorney's fee, shall be paid by Owner. 5. If the Owner fails to make payment to Contractor as herein provided, then Contractor may stop work without prejudice to any other remedy it may have. S. Owner is to prepare all work areas so they are acceptable for Contractor's work under the contract. Contractor will not be called upon to start work until sufficient areas are ready to insure continued work until job completion. The Owner represents and warrants that it shall coordinate the work and performance of its own forces and any other contract on the site or related to Contractor's work so as not to delay, hinder or interfere with Contractor's performance thereof, and so as not to create additional costs to Contractor. If the work of Contractor is delayed, interfered, suspended or otherwise interrupted by Owner, Owner's architect or by any person or act within the power of Owner to control, then Owner shall be liable to Contractor for any increased or extended costs. 7. After acceptance of this Proposal as provided, Contractor shall be given a reasonable time in which to make delivery of materials and /or labor to commence and complete the performance of the contract. Contractor shall not be responsible for delays or defaults where occasioned by any causes of any kind and extent beyond its control, including but not limited to: delays caused by the owner, architect, or engineers; armed conflict or economic dislocation resulting therefrom; embargoes, shortages of iabot, equipment or materials production facilities or transportation; labor difficulties, civil disorders of any kind; action of civil or military authorities; vendor priorities and allocations, fires, floods, accidents and acts of God. 8. All workmanship and materials are guaranteed against defects for a period of one year from the date of installation, except those items carrying a manufacturer's warranty which are warranted to the extent of the manufacturer's warranty. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Contractor will not be responsible for special, incidental, or consequential damages. Contractor shall not be responsible for damage to its work by other parties. Any repair work necessitated by caused damage will be considered as an order for extra work. 9. Owner or Owner's architect shall advise Contractor in writing of any defect or deficiency in the work at the time same are observed. After completion of the work called for by this contract, Owner shall provide a written list of any construction defects or deficiencies to Contractor within fifteen (15) days of receipt of notice of completion from Contractor. Contractor shall remedy those deficiencies within fifteen (15) days unless a longer time is reasonably necessary. 10. Work called for herein is to be performed during Contractor's regular working hours. Overtime rates will be charged for all work performed outside such hours at extra costs when requested or required by Owner. 11. All materials shall be furnished in accordance with the respective industry tolerance of color variation, thickness, size, finish, texture and performance standards. 12. Notwithstanding any provision contained in this Proposal or any of the contract documents for this construction project, Contractor may file a lien or claim on its behalf in the event that any payment to contractor is not made as and when provided for by the agreement. 13. The Owner shall make no demand for liquidated damages for delays or actual damages for delays in any sum in excess of such amount as may be specifically named in this Proposal and no liquidated damages may be assessed against Contractor for delays or causes attributed to other contractors or arising outside of the scope of this Proposal. 16A9 SUNTRUST L 17 T F .-, 0E i A "' U A R Y 2 e , 2224 ID BF !'I F 1 C I A RY C, 0 L L 1 e3OxTY ES3y1DA CGZLIE2 23 L (2U. m P L I., x NAPLES, FL TTN P P i E C T ALAN RE2IEW P L 17. A -" E F 1 1"'E, i-. '-- T A Cl i -;' 1) I H L' C) z I G I NA L '" L-l' T F R 0E 2REaiT. IN Y 0' R, F, V C, i-, 7 ' E -- E- j: a C) , 4 L I Z LT :E£ KAY EE zAEE 2G 13 A 1, E AT &o& E z: CJ:f i2cxESiz3 c22 LE,.,,TEk of ANY .LEASE A L, D I- -H --- s x -1 1, 1 . - I -- ;- -, E 1- :3 £ "--) -1 ; D E 2E PAPE PEASE, 1- 6TF FLOOR T A LETTERS F CF E , 1 - L E p? AT T , .4 1.; A C; A 313 ,_ate ; 16A9 SUNTRUST IRREVOCABLE LETTER OF CREDIT P001040 PAGE 1 LETTER OF CREDIT NUMBER: P001040 ISSUANCE DATE: JANUARY 28, 2004 APPLICANT: HABITAT FOR IIUMA14I TY OF COLLIER COUNTY, INC. IISSO TAMIAMT TRAIL EAST NAPLES, FL 34113 BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA COLLIER COUNTY COURTHOUSE COMPLEX NAPLES, FL 34112 FOR USD 100,000.00 CONE HUNDRED THOUSAND 00f100 U.S. DOLLARS) DATE OF EXPIRATION: JANUARY 28, 2005 PLACE OF EXPIRATION: AT OUR COUNTERS WE HEREBY ESTABLISH OUR IRREVOCABLE LETTER OF CREDIT NO. P1001040 IN YOUR FAVOR FOR' ACCOUNT OF THE ABOVE-Rc:r'r:kLNCEL: APPLICANT AVAILABLE BY YOUR DRAFTS DRAWN ON US PAYABi,E AT L, SIGHT FOR ANY SUM OF MONEY NOT TO EXCEED A TOTAL OF THE AM0',jN r::., L- :;F':i,iC;Ei; ABOVE WHEN ACCOMP'ANIEL- BY THIS LETTER OF .:RELIT ANLl THE FOLLO "v; i IJG DOCUMENT : BEITEFI C I AR i'' S DATED CERTIFICATE PURPOF:TELLY S I GIJED BY ONE OF ITS OFFICIALS STATING: "HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. , HAS FAILED. TO L +OIJS R_7C ' A3ri oik MAINTAIN THE IIriPROVEMENTS ASSOCIATED WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS CHARLEE ESTATES OF:' A FII AI. INSPECTION SATISFACTORY TO COLLIER COUP, -r HAS NOT BEEN PERFORMED PRIOR TO THE DATE: OF EXPIRY, AiIL �iii'i r'ACTO??Y ALTERNATE PERFORMANCE SECUR i TY HAS NOT BEL➢' Pi V I DFL TC' ANL F- -IRMALLY ACCEPTED BY THE B- .Ilr:r'I _:I A'% " r. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT i1AL B DEEMED AUTOMATICALLY EXTEIx'DE:D Wi THOUT AI'IE'rvi?ItF:P:T F-1 FROM THE EXPIRATION DATE HFi EOF, OF Al"! COi.TIl:ya�� NEXT PAGE 16A9 SUNT)RUST 1RREVO;,'t;B1 –E IT POOL 1044) PAG't i' W F: S t. N u I: O',...OE YC�:. BY E G 1 _"EREI' MAIL 0P CVEi?i':_,;:., CIiT _ u :R T 'A'T WE ELE' _ I10:' TO CO2� S Iri R iilL 7 '177 Eh' "r' RLE,I I j FE1,'r.'W'r:I) I''OR ANY SUCH ADDITIONAL FERIDE ALL DRAFTS MUST REFERENCE THE NUMI?EP ANI) ISESUE DATE OF TFi? CREDIT. THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM C.UL'TOMS A14D PRACTICE FOR DOCUMENTARY CREDITS 1199-H REVi'~ ION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION 500. WE HEREBY AGREE WITH YOU THAT ALL DRAFTS DRAWN IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONOPED UPON PRESENTATION AND PFI —IVERY OF THE DOCUMENTS ZFECI.FIED' ABOVE TO THE BELOW A47-7;P SS ON OR BEFORE JANUARY 28, 200S. ALL DOCUMENTS ARE TO BE REMITTED TO: SUNTRUST BANK, INTERNATIONAL DIVISIO14 ATTN: LETTER OF CREDIT DEPARTMENT 25 PARK PLACE, 16TH FLOOR, MC s ?06 ATLANTA, GEORGIA 003 Si13CERELY, S*-_,NT RIO : T , A N K —TER-, 0;- C'r:I:i iT 109928 (6/01) 16A9 SUNTkUST LETTER OF CREDIT NUMBER: P001040 MARCH 04, 2001 THE BOARD OF COUNTY COMMISSIONERS, DEVELOPMENT REVIEW SERVICES 280 0 HORSEHOE DRIVE NORTH NAPLES, FL 34104 AT7N: MR. JOHN HOULDSWORTH PLEASE FIND ATTACHED AMENDMENT NO. 1 TO OUR LETTER OF CREDIT. TELEPHONE ZNQUIRIES MAY BE MADE wO NITA MCMILLQ� AT 404-230-5256 REGARDING OUR LETTER OF CREDIT OR ANY AMENDMENTS THERETO. zLEASE ADDRESS ALL CORRESPONDENCE 70 SUNTRUST RANK E5 PA9K PLACE, �67H FLOOR 5TANDBY LETTERS OF CREDIT DEPT. - 370� ATLANTA, GA 3O3D3 109928 (M) SunTrust Bank Mail Code 3706 16th Floor 25 Park Place Atlanta, GA 30303 Tel 404 -588 -8125 Fax 404- 588-8129 May 11, 2004 Rebecca Paratore The Board of County Commissioner 280 North Horseshoe Drive Suite 300 Naples, FL 34104 Dear Ms. Paratore: Jonathan J. Conley Manager, Vice President 16A9 Enclosed please find corrected amendments number 1 and 5; please return the amendments currently in your possession for our destruction. I have enclosed a self addressed envelope for your convenience. If you have any questions, please contact me at 404 -588 -8125. SinreaLy, -_ r J0'u -Co Manager, VP SUNTRUST AMENDMENT DATE: MARCH 04, 2004 LETTER OF CREDIT NUMBER: POO1O4O APPLICANT: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. 11550 TAMIAMI TRAIL EAST NAPLES, FL 34113 BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS DEVELOPMENT REVIEW SERVICES 2800 HORSESHOE DRIVE NORTH NAPLES, FL 34104 ATTN: MR. JOHN HOULDSWORTH THIS AMENDMENT IS TO BE CONSIDERED AS PART OF THE ABOVE MENTIONED CREDIT AND MUST BE ATTACHED THERETO. AMENDMENT NO. 001 BENEFICIARY'S ADDRESS IS AMENDED TO READ AS STATED ABOVE. DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "DRAWN UNDER SUNTRUST BANK LETTER OF CREDIT NO. POO104O DATED JANUARY 28, 2004." THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY, MUST BE PRESENTED FOR PROPER ENDORSEMENT. THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCED TO ANY DOCUMENTS, INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT. ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER IF PRESENTED WITHIN THE VALIDITY OF THIS CREDIT. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. AUTPOkf MA T 109928 (6/01) :1 ^ - ` 16 A 9 SUNTRUST _-_ -' - ' 109928 (6/0) 16A9 SUNTRUST ��ER JF CREDIT NUMBER: P00 1O4O M4�C� 29' 2O�4 �ENEFICIARY: BOARD OF COUNTY COMMISSIONER DEVELOPMENT REVIEW SERVICES 28OO HORSESHOE DRIVE NORTH NAPLES, FL 341O4 ATTN: MR. JOHN HOULDSWORTH DEAR SIR OR MADAM: PLEASE FIND ATTACHED THE AMENDMENT TO OUR LETTER OF CREDIT. TE�EPHONE INQUZRIES MAY BE MADE TO DALE TOOTHILL AT 4O4 532 O925 REGARDING OUR LETTER OF CREDIT OR ANY AMENDMENTS THERETO. PLEASE ADDRESS ALL CORRESPONDENCE TO: SUNTRUST BANK 25 PARK PLACE, 16T� FLOOR STANDBY LETT�RS OF CREDIT DEPT. - 37O6 ATLANTA, GA 30 30 3 109928 (6/01) SUNT)RUST �MENDMENT DATE: ' MA9C� 29, 2U0� LETTER OF CREDIT NUMEER: P001040 BITAT FOR HUMANITY UF COLLIER COUNTY, INC. 1155O TAMIAMI TRAI� EAST BENEFICIARY: — YF BOARD 3F C1300/ COMM�SST3�E� UEV[LDPNENT REVIEW PERVICES 250� HC�SESHOE D�IV� NAPLES, FL 34104 ATTW: MR. JOH|A HO��SWORT6 THIS AKENDMENT IS TO BE CONSIDERED AS PART OF THE ABOVE MENTIONED CREDIT AND MUST BE ATTACHED THERETO. AhENDMENT UO. OO2 THERE IS AN INCREASE IN LETTER OF CRECIT AMCUNT OF 945,047.1:� U.S. DOLLARS FOR A NEW T3TAL OF 1,045,047.11 U.S. DOLLARS,, ALL OTHER TERMS ANC CCNDITZONS REMAIN UNCHANGED. `oax mm) 16A9 16 SUNT)RUST LETTER OF CREDIT NUMBER: 9001040 APRIL 01, 2004 BEYEEIEIARY: THE BOARD OF COUNTY COMMISSIONER DEVELOPMENT REVIEW SERVICES 2800 HORSESHOE DRIVE NORTH NAFLES. FL 34104 AEIN: M&: jOHN EOULDSWORTH DEAR SIR OR MADAM: PLEASE FIND ATTACHED THE AMENDMENT TO OUR LETTER OF CREDIT, TELEPHONE INQUIRIES MAY HE MADE TO DALE TOOTHILL AT 404 552 0525 REGARDING OUR LETTER OF CREDIT OR ANY AMENDMENTS THERETO. PLEASE ADDRESS ALL COER£3FONDENCE TO: SUNTRUST BANK 25 FARK PLACE, 16TH FLOOR STANDBY LETTERS OF CREDIT DEPT. - 3705 ATLANTA, GA 30303 109928 te , SUNTRUST AMENDMENT DATE :' AFRI: 01, 2224 SETTER OF CREDIT NUMEER; .3.1040 APPLICANT: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. 113&0 T MIAMI TRAIL EAST NAPLES. FL 3 4115 EENEFICIARY: THE [CARD OF COUNTY COMMISSIONER DEVELOPMENT REVIEW SERVICES 2800 HORSESHOE DRIVE NORTH NAPLES. FL 34104 ATTN: MR. JOHN HOULDSWORTH THIS AMENDMENT 18 TO BE CONSIDERED AS PART OF THE AEOVE MENTIONED CREDIT AND MUST BE ATTACHES THEREIS, AMENDMENT NO. 005 THAT FART READING `CHARLES ESTATES" MUST NOW FEA: "INDEFENDENCE ", ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. SINCERELYI SUNTRUST BANE A27` "I oIGNATORE JON CONLEY, VF MANAGE&, STANDBY LETTERS OF CREDIT ,_ate , 16A9 im SUNTRUST LETTER OF CREDIT NUMBER: P001040 APRIL 08, 2004 THE BOARD OF COUNTY COMMISSIONER DEVELOPMENT REVIEW SERVICES 2800 HORSESHOE DRIVE NORTH NAPLES, FL 34104 ATTN: MR. JOHN HOULDSWORTH PLEASE FIND ATTACHED AMENDMENT NO. 4 TO OUR LETTER OF CREDIT. TELEPHONE INQUIRIES MAY BE MADE TO NITA MCMILLAN AT 404 -230 -5256 REGARDING OUR LETTER OF CREDIT OR ANY AMENDMENTS THERETO. PLEASE ADDRESS ALL CORRESPONDENCE TO: SUNTRUST BA14K 25 PARK PLACE, 16TH FLOOR STANDBY LETTERS OF CREDIT DEPT. - 3706 ATLANTA, GA 30303 109928 (6101) 16A9 SUNTRUST AMENDMENT DATE:' APRIL 08, 2004 LETTER OF CREDIT NUMBER: P001040 APPLICANT: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. 11550 TAMIAMI TRAIL EAST NAPLES, FL 34113 BENEFICIARY: THE BOARD OF COUNTY COMMISSIONER DEVELOPMENT REVIEW SERVICES 2800 HORSESHOE DRIVE NORTH NAPLES, FL 34104 ATTN: MR. JOHN HOULDSWORTH THIS AMENDMENT IS TO BE CONSIDERED AS PART OF THE ABOVE MENTIONED CREDIT AND MUST BE ATTACHED THERETO. AMENDMENT NO. 004 THAT PART IN LETTER OF CREDIT READING "IT IS A CONDITION OF THIS LETTER OF CREDIT ..." IS HEREBY DELETED IN ITS ENTIRETY AND REPLACED WITH: "THIS CREDIT SHALL BE VALID U21TIL JANUARY 28, 2005 AND SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE -YEAR PERIODS ON THE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, THE ISSUER NOTIFIES THE BENEFICIARY IN WRITING BY REGISTERED MAIL THAT THE ISSUER ELECTS NOT TO SO RENEW THIS CREDIT." ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. SINCERELY, ,,, ;;TRUST BANK AUTHORIZED SIGNATURE JON- CONLEY, VP MANAGER, STANDBY LETTERS OF' CREDIT 109928 (6/01) 16A9 SUNTRUST LETTE� OF CREDZ[ NJMHER; PCJ!3+O APRIL l6, 2004 BENEFICIARY: THE BEARD OF CEUNT\ COMMISSI3NER DEVELOPKENT REVIEW SERVICES 280C HORSESHM DRIVE NDRNH oAPLES, FL 3+1O4 J�AR nX ]R HK/.'AM: PlEASP FiN[/ ATTACHED THE AMENDKENT TO 3Jn U0 C3TETT. rELEPH0NA INQ0IKIES MAY 3E MADE 70 4 R4^�no w^`L'.�� AT 40n-827-690Z REGARCING CUR LET�EF OF CARL!! �R ANY AMEN[MENTS T�ERETC. PLTASE ADDRESS ALL MRRESPONDENCE TO, ��NTRUS� BAN� 25 ��Rr FLACE, ^6T� Fi�J6 !ET'.'ERS CF CREDIT DEFT. �TLA��TA, Gf C3 CC: SA��OR� |1ILLE� 109928 o6101> SunTrust Sank Mail Code 3706 16th Floor 25 Park Place Atlanta, GA 30303 Tel 404- 588 -8125 Fax 404 -588 -8129 May 11, 2004 Rebecca Paratore The Board of County Commissioner 280 North Horseshoe Drive Suite 300 Naples, FL 34104 Dear Ms. Paratore: Jonathan J. Conley Manager, Vice Presider 6 A 9 Enclosed please find corrected amendments number 1 and 5; please return the amendments currently in your possession for our destruction. I have enclosed a self addressed envelope for your convenience. If you have any questions, please contact me at 404 -588 -8125. Lam- - n- o Manager, VP 16A9 SUNTRUST AMENDMENT DATE: APRIL 16, 2004 LETTER OF CREDIT NUMBER: P001040 APPLICANT: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. 11550 TAMIAMI TRAIL EAST NAPLES, FL 34113 BENEFICIARY: THE BOARD OF COUNTY COMMISSIONER DEVELOPMENT REVIEW SERVICES 2800 HORSESHOE DRIVE NORTH NAPLES, FL 34104 ATTN. MR. JOHN HOULDSWORTH THIS AMENDMENT IS TO BE CONSIDERED AS PART OF THE ABOVE MENTIONED CREDIT AND MUST BE ATTACHED THERETO. AMENDMENT NO. 005 1. FIRST PARAGRAPH NOW READS AS FOLLOWS: WE HEREBY ESTABLISH OUR IRREVOCABLE LETTER OF CREDIT NO. P001040 IN FAVOR OF BENEFICIARY FOR ACCOUNT OF THE ABOVE-REFERENCED APPLICANT AVAILABLE BY BENEFICIARY'S DRAFTS DRAWN ON US PAYABLE AT SIGHT FOR ANY SUM OF MONEY NOT TO EXCEED A TOTAL OF THE AMOUNT REFERENCED ABOVE WHEN ACCOMPANIED BY THIS LETTER OF CREDIT AND THE FOLLOWING DOCUMENT: 2. PROJECT NAME CHANGED TO READ INDEPENDENCE PHASE ONE. 3. THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS IF ANY, MUST BE PRESENTED FOR PROPER ENDORSEMENT. 4. LAST PARAGRAGH WHERE IT READS "YOU" SHOULD READ BENEFICIARY. 5. DELETE "ON OR BEFORE MARCH 24, 2005 OR ANY EXTENDED DATE" FROM LAST PARAGRAPH. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. SIN LY, JON CumLc,, vr MANAGER, STANDBY LETTERS OF CREDIT 109928 (6/01) 109928 (6101) SunTrust Bank, Atlanta Post Office Box 4418 Atlanta. GA 30302 -4418 SuNTRusT BANK CERTIFICATE REGARDING ISSUANCE OF LETTER OF CREDIT The undersigned officer of SunTrust Bank (the Bank) hereby certifies that: 16A9 1. The Bank is a banking corporation duly organized and validly existing under the laws of the State of Georgia. 2. Irrevocable Letter of Credit Number P001040 (the Letter of Credit), dated January 28, 2004, has been duly authorized, executed and delivered on behalf of the Bank by Jon Conley, a Vice President of the Bank, whose signature appears below: Name Signature Jon Conley r- 3. The issuance by the Bank of the Letter of Credit andthe performance by the Bank of its obligations thereunder are within the Bank's power, require no consent or approval of filing, other than filings in the ordinary course of the Bank's business, with any governmental or other regulatory agency, and do not conflict with or constitute a breach of or default under, and indenture, commitment, agreement or other instrument to which the Bank is a party or by which it is bound or under any existing law, rule, regulation, ordinance, judgment, order or decree to which the Bank is subject. 4. There is no action, suit, proceeding, inquiry or investigation at law or in equity, or before or by any court, public board or bond pending or, to the best knowledge of the Bank, threatened against the Bank which in any way could adversely affect the validity or enforceability of the Letter of Credit. Dated: May 06, 2004 SUNTI; By: Name: Title: 33411.019248 FAIRFAX I901830 '�l 16A10 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this �?/ day of ,2005 between GB Peninsula, Ltd. hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board." RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Fiddler's Creek Phase Four Unit One B. Section 10.02.04 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: Earthwork, drainage facilities, water distribution system, sanitary sewage collection and transmission system and roadways within 24 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $ 2,105,828.58, which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such i- mprovements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 16A10 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance ofthe required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are an shall be binding upon the Developer and the respective successors and assigns of the Developer. 16A10 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this-2_L—day of j?jm(P, 2005. SIGNED, SIJALED, AND [Developer Name] GB Peninsula, Ltd., a Florida DELIVER IN THE PRESENCE Limited Partnership OF: By. , Mark Strain Printed r TvDed Name Printed or Type Name Attorney -in -fact - Title Printed C� C orT�e Fn e e j;i Iry L °I ^) BOARD OF COUNTY C MISSIONERS OF COLLIER COUNTY, ATTI; '.. �+ ��pp� ,BROOK, FLORIDA ERic ^C Ic.J By. R w `Y CbA i P1un s Chairman Ap roved as to F6' and legal sufficiency: Jenrafe, A. Bel edi County Attorney Item # I�� Agenda Date Dat o R ecl C� 1 6AI 0 FIDDLER'S CREEK UNIT FOUR PHASE ONE ENGINEER'S OPINION OF PROBABLE COST UPDATED: 2/19/2003, 11/29/04 SCHEDULE SUMMARY SCHEDULE DESCRIPTION TOTAL PRICE COST TO COMPLETE A Earthwork $185,400.00 $18,540.00 B Paving $972,280.50 $875,052.45 C Wastewater Collection $769,391.60 $384,695.80 D Potable Water Distribution $498,205.80 $249,102.90 E Irrigation $277,875.30 $138,937.65 F Storm Drainage $281,964.10 $140,982.05 TOTAL $2,985,117.30 $1,807,310.85 SUMMARY FOR BONDING PURPOSES Total Price x 10% = $2,985,177.30 x 10% = $298,517.73 Cost to complete x 100% = $1,807,310.85 x 100% = $1,807,310.85 Bond Amount-- $2�"6,e28.58 ` 16Aj0 COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND Bond No. 5015044 KNOW ALL PERSONS BY THESE PRESENTS: that GB Peninsula Ltd. 3470 Club Center Drive Naples, FL 34114 (hereinafter referred to as "Owner" and Bond Safeguard Insurance Company 1919 S. Highland Ave., Bldg. A, Ste. 300 Lombard, IL 60148 (hereinafter referred to as "Surety") are held firmly bound unto Collier County, Florida (hereinafter referred to as "County") in the total aggregate sum of Two Million One Hundred Five Thousand Eight Hundred Twenty Eight and 58 /100 Dollars ($2,105,828.58) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Veneta — Construction & Maintenance — Fiddler's Creek Phase 4, Unit 1 and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations "). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period "). NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the county may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. 16A10 PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond and whether referring to this Bond, or other documents shall include any alteration, addition, or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 26th day of January, 2005. Note: 2 witnesses for each signature Aitn ` GB Peninsula, Ltd., a Florida Limited Partnership By: GB Peninsula, Inc., A Florida corporation Its sole eral partn Witness: By: f Aubrey A Ferr o, as President and not Individual y Witness: Surety: Bond Safeguard Ins rance Company. t: 2 teph T. Kazmer, mey -in -Fact 1 Witness:'` *+�` Florida License# A13 1 �. Page 2 of 2 State of Illinois) } ss. County of Cook } 16A10 On January 26 2005 before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Stephen T. Kazmer known to me to be Attorney -in -Fact of Bond Safeguard Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he /she duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this cerriflrtatP nh. — My Commission Expires 6/10/2006 Christine Woods, Notary Public OFFICIAL SEAL CHRISTINE WOODS �NOTCARY PUBLIC, STATE OF ILLINOIS Y OMMISSION EXP1gES:08 /10/08 POWER OF ATTORNEY 0 X 1 3 Safeguard 1.01Y Bond Safe IN KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: Michael J. Scheer, James I. Moore, Christine Woods, Irene Diaz, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb, Melissa Kotovsky KQ LIUW ana lawful Attorney(s) -In -Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on b h If Qff tIf Comply anY bonds, undertakings, poG , eS, contracts of indemnity or other writings obligatory in nature of a bond, $ Z,500,�10�1.(�0, Two million ve hundred thousand collars which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attomey -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, maybe removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 7th day of November, 2001. GJ�p INSUgq�Q y Fco BOND SAFEGUARD INSURANCE COMPANY AN �i i ILLINOIS y C13 INSURANCE Z COMPANY BY David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By -laws of said corporation. [NOTA"OFFICIAL SEAL" RY ANET L. COPPOCK ( _ PUBLIC, STATE OF ILLINOIS Janet L. C ppock OMMISSION EXPIRES 8114105 Notary Public CERTIFICATE I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 26th Day of January 20 05 aCOMPANY �C� C 0 Oyk 0 Z m { 26�1 / Donald D. Buchanan Secretary 1681 -A 4 Memorandum DATE: April 28, 2004 TO: Sheree Mediavilla, Senior Analyst 0 Risk Management Department FROM: Lyn M. Wood, C.P.M. I Purchasing Agent D t RE: Review of Insurance for: Contract #04 -3619 -- "Sunshine Boulevard Intersection Improvements at Golden Gate" Contractor: John Carlo, Inc. This Contract was approved by the BCC on April 13, 2004; Agenda Item 16.B.1. Please review the Insurance Certificate and Payment and Performance Bonds in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ext. 2667. CC: Daniel Hall, TECM ITEM NO.: DATE RECEIVED: FILE NO.: 52 c ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES r- Date: April 28, 2004 J To: Scott Teach Assistant County Attorney's t3 G S �- From: Lyn M. Wood, C.P.M. 1 10 CG , S Purchasing Agent / / �i u 732 -2667 Re: Contract #04 -3619 "Sunshine Boulevard Intersection Improvements at Golden Gate Parkway" Contractor: John Carlo, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on April 13, 2004; Agenda Item 16.B.1 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. 1681 � 4 MEMORANDUM Date: May 5, 2004 To: Lyn Wood Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #04 -3619: "Sunshine Boulevard Intersection Improvements at Goldern Gate" Contractor: John Carlo, Inc. Enclosed please find three original documents, as referenced above (Agenda Item #16B1), approved by the Board of County Commissioners on Tuesday, April 13, 2004. If you should have any questions, you may contact me at 732 -2646, ext. 7240. Regards, Enclosure (3) 1681 " -4 Sunshine Boulevard Intersection Improvements at Golden Gate Parkway COLLIER COUNTY BID NO. 04 -3619 COLLIER COUNTY, FLORIDA Design Professional: Transportation Engineering and Construction Management Department 2685 Horseshoe Drive South, Suite 212 Naples, FL. Telephone: (239) 774 -8192 Facsimile: (239) 213 -5885 COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 W 1/26/2004 2:42 PM A. B. C. D. E. 1/26/2004 2:42 PM 16�1 � TABLE OF CONTENTS PUBLIC NOTICE /LEGAL ADVERTISEMENT (PAGE 1 ONLY) INSTRUCTIONS TO BIDDERS BID PROPOSAL, BID SCHEDULE AND OTHER DOCUMENTS AGREEMENT AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT E1: Work Directive Change EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT G1: Certificate of Final Completion EXHIBIT G2: Warranty EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Plans and Specifications prepared by Transportation Engineering and Construction Management Department and identified as follows: Sunshine Boulevard Intersection Improvements at Golden Gate Parkway as shown on Plan Sheets 1 -18 1/26/2004 2:42 PM 1681 PART A - PUBLIC NOTICE/ LEGAL ADVERTISEMENT (PAGE ONE ONLY) INVITATION TO BID COLLIER COUNTY, FLORIDA Sunshine Boulevard Intersection Improvements at Golden Gate Parkway COUNTY BID NO. 04 -3619 Separate sealed proposals for the construction of Sunshine Boulevard Intersection Improvements at Golden Gate Parkway, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 1st day of March 2004, at which time all proposals will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non - mandatory pre -bid conference shall be held at the Purchasing Department Conference Room, Purchasing Building "G" at 10:00 A.M. LOCAL TIME on the 23rd day of February 2004, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Proposal for Collier County Government, Collier County, Florida, Sunshine Boulevard Intersection Improvements at Golden Gate Parkway, County Bid No. 04 -3619 and Bid Date of March 1, 2004 ". No bid shall be considered unless it is made on the Bid Schedule which is included in the Bidding Documents. The Bid Proposal (TR -P -1 through TR -P -13) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined at the Purchasing Department, Purchasing Building, Naples, FL. 34112 or Transportation Engineering and Construction _ Management, 2685 Horseshoe Drive, South, Suite 212, Naples, FL. 34104. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, 3301 Tamiami Trail East, Naples, Florida 34112, 239 - 774 -8407, upon payment of $25.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is nonrefundable. The following plan room services have obtained copies of the Bidding Documents for the work contemplated herein: F.W. Dodge Reports 2830 Winkler Avenue -- Ft. Myers, FL 33916 TR -PN -1 1/26/2004 2:42 PM 1681 ' ! Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the — successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The successful Bidder shall be required to furnish the necessary Performance and Payment Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Performance and Payment Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Performance and Payment Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the work contemplated herein, the County shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the County to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within ninety (90) calendar days from and after the Commencement Date specified in the Notice to Proceed. The County reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date. Dated this thirtieth day of January 2004. V 1/26/2004 2:42 PM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Stephen Y. Carnell Purchasing /General Services Director TR -PN -2 •s PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean a Division Administrator or Department Director acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and /or monitoring the construction of the project. Any or all duties of the Design Professional referenced under this Agreement may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, the Project Manager may formally assign any of his /her duties specified in this agreement to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. _ 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages TR- P-1 to TR -P -13 as bound in these Bidding Documents). The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. 111:211: -il 1/26/2004 2:42 PM 16 Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in Naples, Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit "). The Bid Deposit shall be retained by Owner as liquidated damages if the successful Bidder fails to execute and deliver to County the Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award said alternates at a later time but no later than 120 days from opening, unless otherwise authorized by the Purchasing Director. 3.2 The Successful Bidder shall execute four (4) copies of the Agreement and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Proposals 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Signing of Bids — 5.1 Bids submitted by a corporation must be executed in the corporate name by the president or a vice president, and a corporate seal must be affixed and attested to by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation must be shown below the signature. 1/26/2004 2:42 PM 5.2 Bid proposals by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, its signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Proposals Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids — No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents .... 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. TR -113-3 1/26/2004 2:42 PM 1681 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non - mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; C. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. -° No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. u.n The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as wallm 1/26/2004 2:42 PM set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all _ Bidders is called to this provision, for should conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract -- Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation shall file his protest with the Purchasing Director in writing prior to the time of the bid opening. Award of contract shall be made to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner through its use of subcontractors. The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from bidding by the County, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. When the contract is awarded by Owner, such award shall be evidenced by a Notice of Award, signed by the Project Manager of Owner and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. Award of Contract will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the offices of the Purchasing Director. For Bidders who may wish to receive copies of Bids after the Bid opening, The County reserves the right to recover all costs associated with the printing and distribution of such copies. Section 13. Sales Tax Collier County, Florida as a political subdivision of the State of Florida , is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes. All successful bidders will be provided a copy of Collier County's Certificate of Exemption ( #21 -07- 019995 -53c) upon contract award. Corporations, Individuals and other entities are impacted by Chapter 212, Florida Statutes according to the type of service, sale of commodity or other contractual arrangement to be made with Collier County. By submittal of a properly executed response to a Bid Proposal from Collier County, Florida the Bidder is acknowledging that it is aware of it's statutory responsibilities for sales tax under Chapter 212, Florida Statutes. TR -1 B -5 1/26/2004 2:42 PM 16B1 Collier County is also exempt from most Federal excise taxes. By submittal of a properly executed response to a Bid Proposal from Collier County, Florida, the Bidder is acknowledging that it is aware of it's responsibilities for Federal excise taxes. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to this work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the successful bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The successful bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the work contemplated by this contract is performed in a professional and timely manner, all subcontractors shall be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the contract requirements and has the integrity and reliability to assure good faith performance. A subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the contract within the time required. Owner reserves the right to disqualify a Bidder who includes subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Contract. Section 16. Prohibition of Gifts 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. 2003 -53, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a w- specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. Rol 1/26/2004 2:42 PM COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT ADMINISTRATIVE SERVICES DIVISION ADDENDUM #2 DATE: February 27, 2004 TO: Prospective Proposers FROM: James Albury Purchasing Agen 1681 "9 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (239) 774 -8965 FAX (239) 732 -0844 www.colliergov.net SUBJECT: Addendum #2 — Bid #04 -3619 "Sunshine Boulevard Intersection Improvements at Golden Gate Parkway" Addendum # 2 covers the following clarification for the above- referenced Bid for the answering of questions raised at the Pre -bid meeting held on February 23, 2004. Note: Utility Coordination The existing light pole (Sheet 7/18, Approximately Station 19 +00) will remain as shown on the plans. The pole will be 6" within the proposed sidewalk. The (two) fire hydrants located on Sheet 6 and 8 will need to be re- located by the contractor, pay item 1644 -81: Fire Hydrant Relocation. This bid item includes relocation of valves and every other incidental item. Contractor shall provide pedestrian walkways at all times throughout the construction project. The contract time will remain at 60 days for substantial completion and 90 days for final completion. The hours allowed for lane closures will be as shown on the plans. However, on 47th Street SW the hours of lane closures may be modified per engineers discretion. The signal loops will be replaced with cameras prior to commencement of work at the intersection of Golden Gate Parkway and Sunshine Boulevard by Collier County Traffic Operations. 16BI_ The 42 pipe on Sheet 8/18 from structures S -15 to S -16 will remain as shown in the plans. The contractor will need to work within the existing 12 foot wide drainage -- easement and use trench boxes and /or other methods /materials necessary to protect the existing houses per new Pay Item Number 455 -18: Protection of Existing Structures. This pay item shall be lump sum. Please provide a bid alternate using High- Density Polyethylene (HDPE) plastic pipe installed from Structures S -7 through S -16 per the FDOT Design Specifications Sections 430 and 948. The HDPE pipe at structure S -16 will include a flare -end and additional rip -rap in lieu of the concrete end wall. All pipe installed at the intersection of Golden Gate Parkway and Sunshine Boulevard/ 47th Street SW shall remain concrete. Bid Schedule Adds: Note: Page TR -P -2a, Item # 455 -18 Protection of existing structures has been added. _ Note: Page TR -P -2b, Item #1644 -81 Fire hydrant relocation has been added. Alternate Number Two: HDPE including flare end and additional rip -rap has been added. Note: Please remove Bid Schedule pages TR -P -2 through Tr -p -2b from your bid packet and replace with Bid Schedule pages TR -P -2 -r through TR- p -2b -r as attached to be submitted with your Bid packet. END OF ADDENDUM If you require additional information please call James Albury, Purchasing Department at 239/774 -8965 or by e -mail at JamesAlburya-colliergov.net Thank you. Cc: Daniel Hall, TECM File 1661 + GOLDEN GATE PARKWAY INTERSECTION IMPROVEMENTS AT SUNSHINE BOULEVARD -- COLLIER COUNTY PROJECT No. 60016 BID NO 04 -3619 ITEM No. DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT 101 -1 MOBILIZATION LS 1 102 -1 MAINTENANCE OF TRAFFIC LS 1 -10 OFF -DUTY LAW ENFORCEMENT OFFICER HR 80 1102 102 -76 ADVANCE WARNING ARROW PANELS 2 SIGNS 20 DAYS ED 40 102-99 VARIABLE MESSAGE SIGN TWO SIGNS 20 DAYS EACH ED 40 104 -11 FLOATING TURBIDITY BARRIER LF 100 104 -13 -1 STAKED SILT FENCE TYPE III LF 2,420 110 -1 -1 STANDARD CLEARING & GRUBBING LS 1 120 -1 EXCAVATION CY 676 120 -6 EMBANKMENT CY 103 121 -70 FLOWABLE FILL CY 250 160 -4 STABILIZATION TYPE "B" SHOULDER SY 122 285 -7 ASPHALT BASE COURSE TYPE 3 ABC -3 9" THICK SY 1 656 331 -2 ASPHALTIC CONC. TYPES OVERLAY 2" AVERAGE THICI TN 137 331 -72 -10 ASPHALTIC CONC. TYPE S -III 1" THICK SY 1,656 331 -72 -20 ASPHALTIC CONC. TYPE S -I 2" THICK SY 1,656 400 -1 -2 CONCRETE CLASS I ENDWALLS CY 6.33 425 -1 -361 CURB INLET TYPE P -6 EA 2 425 -1 -441 CURB INLET TYPE J -4 EA 1 425 -1 -461 CURB INLET TYPE J -6 EA 1 425 -1 -521 DITCH BOTTOM INLET TYPE C EA 3 TR -P -2 -r 2/27/2004 Prepared by: T.E.C.M. GOLDEN GATE PARKWAY INTERSECTION IMPROVEMENTS AT SUNSHINE BOULEVARD COLLIER COUNTY PROJECT No. 60016 BID NO 04 -3619 1661 ITEM No. DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT 425 -1 -523 DITCH BOTTOM INLET TYPE C J BOTTOM EA 3 425 -2 -41 MANHOLE TYPE P -7 EA 3 430 - 171 -123 CONCRETE PIPE CULVERT 15" LF 8 430 - 171 -125 CONCRETE PIPE CULVERT 18" LF 178 430 - 171 -129 CONCRETE PIPE CULVERT 24" LF 92 430 - 171 -133 CONCRETE PIPE CULVERT 30" LF 232 430 - 171 -138 CONCRETE PIPE CULVERT 36" LF 160 430 - 171 -140 CONCRETE PIPE CULVERT 42" LF 586 430 - 172 -223 CONCRETE PIPE CULVERT ELLIP. 12 "X18" LF 104 430 -172 -225 CONCRETE PIPE CULVERT ELLIP, 14 "X23" LF 12 430 - 984 -401 MITERED END SECTION ELLIP. 12 "X18" SD EA 2 430 - 984 -402 MITERED END SECTION ELLIP. 14 "X23" SD EA 1 1 455 -18 PROTECTION OF EXISTING STRUCTURES LS 1 520 -1 -10 CONCRETE CURB & GUTTER TYPE "F" LF 1,055 520 -2 -1 CONCRETE CURB TYPE "A" LF 598 520 -5 -49 CONCRETE TRAFFIC SEPARATOR TYPE IV (T WIDE) LF 225 522 -2 CONCRETE SIDEWALK 6" THICK SY 752 522 -22 CONCRETE SIDEWALK 6" THICK TURNOUT REINFORCE SY 47 526 -1 -2 PAVERS SIDEWALK SY 52 530 -1 SAND - CEMENT RIPRAP CY 6 575 -1 -1 SODDING BAHIA SY 2,011 575 -1 -4 SODDING FLORATAM SY 500 700 -40 -1 SIGN SINGLE -POST EA 1 700 -46 -21 RELOCATE EXISTING SIGN EA 10 700 -48 -18 SIGN PANEL FURNISH & INSTALL EA 1 TR- P -2a -r 2/27/2004 Prepared by: T.E.C.M. GOLDEN GATE PARKWAY 1681 INTERSECTION IMPROVEMENTS AT SUNSHINE BOULEVARD COLLIER COUNTY PROJECT No. 60016 BID NO 04 -3619 ITEM No. DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT 706 -3 REFLECTIVE PAVEMENT MARKERS EA 150 711 -3 PAVEMENT MESSAGES THERMOPLASTIC EA 4 711 -4 DIRECTIONAL ARROWS THERMOPLASTIC EA 22 711 -5 -2 GUIDE LINES THERMOPLASTIC 2' -4' YELLOW LF 381 711 -7 REMOVE EXISTING PAVEMENT MARKINGS LS 1 711 -33 SKIP TRAFFIC STRIPE THERMO. 6' -10' WHITE LF 203 711 -34 SKIP TRAFFIC STRIPE THERMO. 6' -10' YELLOW LF 144 711 -35 -61 TRAFFIC STRIPE SOLID THERMO. 6" WHITE LF 2,687 711 -35 -81 TRAFFIC STRIPE SOLID THERMO, 8" WHITE LF 393 711 -35 -121 TRAFFIC STRIPE SOLID THERMO. 12" WHITE LF 603 711 -35 -181 TRAFFIC STRIPE SOLID THERMO. 18" WHITE LF 113 711 -35 -241 TRAFFIC STRIPE SOLID THERMO. 24" WHITE LF 187 711 -36 -61 TRAFFIC STRIPE SOLID THERMO. 6" YELLOW LF 2,445 711 -36 -181 TRAFFIC STRIPE SOLID THERMO. 18" YELLOW LF 74 737 -70 -1 UTILITY LOCATES UNDERGROUND EA 30 1644 -81 FIRE HYDRANT RELOCATION EA 2 Total Project Cost $ Alternate Number One: _._ Concrete Sidewalk 4" thick Portland Cement concrete on top of a 4" thick limerock base (7' wide, one foot beyond each side of the side- walk as allowed by existing conditions). Subgrade to be compacted and sterilized with pre- emergent herbicide spray prior to the construction of the base. Add Alternate Number One $ Alternate Number Two: HDPE including flare end and additional rip rap Add Alternate Number Two $ Total Project Cost Plus Add Alternate Number One and Two $ TR- P -2b -r 2/27/2004 Prepared by: T.E.C.M. A 16BJ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION NAPLES, FLORIDA 34112 (239) 774 -8965 FAX (239) 732 -0844 www.colliergov.net ADDENDUM #1 DATE: February 24, 2004 TO: Prospective Proposers FROM: James Albury Purchasing Age�K SUBJECT: Addendum #1 — Bid #04 -3619 "Sunshine Boulevard Intersection Improvements at Golden Gate Parkway" Addendum # 1 covers the following clarification for the above - referenced Request for Proposal Note: BID DUE DATE Original Due Date: March 1, 2004, 2:30 p.m. Correction: NEW BID DUE DATE: March 8,2004,2:30 p.m. Addendum #2 will be issued in the very near future to address questions raised at the Pre -Bid meeting held on February 23, 2004. END OF ADDENDUM If you require additional information please call James Albury, Purchasing Department at 239/774 -8965 or by e -mail at JamesAlbury(a-collier oq_v.net Thank you. Cc: Daniel Hall, TECM File 16B1 - BID PROPOSAL BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Sunshine Boulevard Intersection Improvements at Golden Gate Parkway BID NO. 04 -3619 Full Name of Bidder -- -3 t0-. Ct Main Business Address 45000 klven- eu.n -wtJ 7LoP /x'11 V$03? Place of Business War 71 Tr-" e At 0r %&117k f"L 32927 Telephone No. '�l�'% $�� "SC3 Fax No State Contractor's License # CGC3 , Z 90-7 9A., :3 SVS- To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Proposal as principals are those named herein, that this Proposal is made without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed work, the proposed forms of Agreement and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Number Date Issued 1 24- 0 - Contractor's Initials w — Bidder proposes, and agrees if this Proposal is accepted, Bidder will contract with the Owner in the form of the copy of the Agreement included in these Contract Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your proposal pages. 1/26/2004 2:42 PM TR -P -1 12:23 From — Collier County Purchasing — 941 732 0844 T-475 GOLDEN GATE PARKWAY INTERSECTION IMPROVEMENTS AT SUNSHINE BOULEVARD COLLIER COUNTY PROJECT No. 60096 BID NO 043615 - -p-16 071--l. ?! ?12712004 Prepared by: T.E,C.M. 12:23 From - Collier County Purchasing 941 782 0844 T -475 P.00 05 F- 1 GOLDEN GATE PARKWAY INTERSECTION IMPROVEMENTS AT SUNSHINE BOULEVARD COLLIER COUNTY PROJECT No. 60096 Bib NO 04 -3619 2127/2004 Prepared Dy; T.E.C.M. 71 71 71 71 73 1644 -81 2:23 From - Collier County Purchasins 941 732 0844 T -475 P.005/005 F -521 -l- - -- GOLDEN GATE PARKWAY INTERSECTION IMPROVEMENTS AT SUNSHINE BOULEVARD 1661 COLLIER COUNTY PROJECT No. 60016 BID NO 04 -3619 ITEM No. D DESCRIPTION U UNIT Q QUANTITY U UNIT PRICE A AMOUNT 6 -3 R REFLECTIVE PAVEMENT MARKERS E EA 1 150 1 -3 P PAVEMENT MESSAGES THERMOPLASTIC E EA 4 4 1 -4 D DIRECTIONAL, ARROWS THERMOPLASTIC E EA 2 22 1 -5 -2 G GUIDE LINES THERMOPLASTIC 24 YELLOW L LF 3 381 © ©, 1 -7 R REMOVE EXISTING PAVEMENT MARKINGS L LS 1 1 Z 00 Q Q 1 -33 S SKIP TRAFFIC STRIPE THERMO, 6' -10' WHITE L LF 2 203 O OrS, - - 1 -34 S SKIP TRAFFIC STRIPE THERMO. 6' -10' YELLOW L LF 1 144 � �' 7 0 q� � �© 1 -35-61 T TRAFFIC STRIPE SOLID THERMO. 6" WHITE L LF 2 2,687 q 1 -35 -81 T TRAFFIC STRIPE SOLID THERMO. 8" WHITE L L.F 3 393 " "' Z 0 I -35 -121 T TRAFFIC STRIPE SOLID THERMO. 12" WHITE L LF 6 603 ` ` � 6 a- 4� Z Zo FIRE HYDRANT RELOCATION EA 2 Total Project Cost Alternate Number One: Concrete Sidewalk 4" thick Portland Cement concrete on top of a 4" thick iimerock base (7' wide, one foot beyond each side of the side- walk as allowed by existing conditions). Subgrade to be compacted and sterilized with pre - emergent herbicide spray prior to the construction of the base. Add Alternate Number One Altemate Number Two: HOPE including flare end and additional rip rap Add Alternate Number Two Tonal Project Cost Plus Add Alternate Number One and Two TR- P -2b -r 212712004 Prepares! by, T.E.C•M. j382_z7 2744- 5'r- $ Roo M -J� 1000 3 bq 16B1'"" MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON - RESPONSIVE. MATERIAL MANUFACTURER 1. i�Q�ff 2. CtnC, POP, 3. 4. 5. 6. Dated -- 1/26/2004 2:42 PM �'Ib6 CAW[b (Ar, Bidder BY: / TR -P -3 1681 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed subcontractors on this Project and the class of work to be performed by each, and that such list will not be added to nor altered without written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the subcontractors listed herein are "qualified" (as defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by this Agreement, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The County reserves the right to disqualify any bidder who includes non - compliant or non - qualified subcontractors in his /her bid offer. Further, the County may direct the bidder /contractor to remove /replace any subcontractor that is found to be non - compliant with this requirement subsequent to award of the contract at no additional cost to the County. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON - RESPONSIVE. (Attach additional sheets as needed). Subcontractor and Address JA C Class of Work to be Performed r �. fro seai&o� Att., N*�s 2. c,�n n (N81J S JAC, 6LTPa JJJjL,/0/ff1t M 3.�� \% JC�C]r -313 fT Wekl 4 cmcr�tc, C �3T . inc . S' 16up b �IA e� 16 s . NJ 5. 6. v Dated u g� d �i4 - �� _ �d I AC. Bidder BY: L Y�. TR -P -4 --. 1/26/2004 2:42 PM 1661 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the contract. Project and Location Reference 1. J 2. 3. 4. 5. 6. 7. Dated Bidder BY: �L� L►.<v..___ TR -P -5 LL.- 1/26/2004 2:42 PM }k 0< 0 F- LIJ LLI 0 0 0 W 0 i� 0 0 W L� . z< \Ir \ � 0 0 � � 0 - ca 0 K $ k k § } \ C14 � 2 2 G \ \ k 0 0 i k / » K 7 f 2 2 C6 f�; d k 1681 A % Q § } Q w 2 w w \ i w < w w 0 0 0 « C3 0 u c E c c o k < e k e Cl) \ \ \ \ \ \ \ e E E 0 O 0 0 G § cr z < z ? a < z < d < d N o R- \ 0 0 R S 0 0 < 2 w 0 Z z \ \ w § 3 \/ / Z > wS o0 0o w > © oo > -u >< \ U) \§ %� �0 \ < $ � ~ z � 0 § § kEr q U § JL§ E2° \\ W 0( �� 0< 0 / §� 0 (D< 00 z o � _ $CO E x CL0 °w� \§�§ Iwo 2W- \2e m< ca C14 Rd 0c L$W ir 0p2 q�W WZW qƒ$ ?ƒ z � U1 0�co 2K 6 ��-j 0�S �§K E° �x� omw < «« w=xc ox <�< ozu o� -cc bco§ k\�� }m \ §mom �U) §�Z V§ °< �o§a 2 k tea#■ =� § k �zW S� «ate a��e � R o�a0 I�R UL I2� I2 \ o � \ k W \ W < a W / § b } � x j 0 § 0 W \ a cr W � ■ o < LL < Cl) L $ 0 < m < ■ < < } } \ \ } w CD / } / $ 2 2 § c 2 0 J W U� Z W — w Oa J � <¢ U CO �3 Z U OW �o O Q F- 01-- HO Z OQ �w W F- a 0 O U Z O V) cr w a F— Q z O U w W- 0 wQ z ow z 0 Z O F- a U U W 0 0 Ncc� O N O co co CNF O R Q U Z W cn nz. � ° a a J Q H m C7 C7 Lq Q ° ( a 'S w > } s U U } w = d m J J J m U_ 0 m Y Y Y m w Z 0 O = F- a a F- Q =w c'�i °w =w c�S O ° Q F— � Co jr F— 0 q F— � 0 Q w Q u~i ° ¢ w Q Q w �Z pn n n �Q ZR !Q 0 ¢ o z W Z O OO ~n dZ °C') mN C14 (L [[MVv W ZF- JD! J a�J J W J �F-J zwJ Z�J JQ' J ww J > J > DF—LL >� > °0LL ¢(5 <0 >W > WF- W LL zJ Z 0� ZJ Z wafo = (r 0 = (r0 z� z 19 W ml¢ —OCD OvOiU u0il¢O� �qz NQUZ NQUZ m1a —OvOi 0 W Y�mY F� W Y�ooY g Qc) g Y mY o � a o °a °$g a� °a crzx O-W o�� as °a LL FL 000 o s o 020 -a cv CL O m O q z = W C! w EE 0 0 O !' Q' co Q J Q Q Q Q w U W (p J v J Z Z X J W , — — J p _j W Z J Z 0 0 J z 1--o Y co Y z z W Y g g Dw o o W 1661 '� 1681 ' ? TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety _ Measure (Description) _ 1. hzEtile, S6AL_t 2. 3. _. 4. 5. Units of Measure LF SY U, Unit Unit Quantit Cost A 7 '.'1 Extended Cost TOTAL $ ' Failure to complete the above may result in the Bid being declared non- responsive. DATE I Bidd r--� BY: TR -P -6 --- 1/26/2004 2:42 PM i� J ,) 0 L) 1681 CONFLICT OF INTEREST 1. Bidder shall provide full disclosure of information on any work performed for private interests within the past two (2) years, especially work that is not yet completed. 2. Bidder shall provide a declaration of commitment not to pursue any private sector work within the limits of the County project or directly affected by the County project until the County project is completed and accepted by the County. Contractor may request a waiver of this provision from the Project Manager. A waiver may be granted at the sole discretion of the County. 3. Bidder shall provide a certification by a principal of the firm that the firm will comply fully with items 1 and 2 above, and to certify that no conflict of interest does exist or will arise if firm is awarded a County project. If more space is required, please attach additional pages. Failure to provide the documentation requested above may result in the Bid being declared non - responsive. 1\i Date: '3 7i .� -_ 1/26/2004 2:42 PM TR -P -7 Contractor Y: Its y , t?2 , � 6, 1681'° Upon receipt of written notice of the conditional acceptance of this Bid, Bidder will execute the formal Contract attached within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance as required by the Contract Documents. The bid security attached in the sum of: BID BOND IN AMOUNT OF 5% of BID dollars ($ See Attached ) is to become the property of the Owner in the event the Contract, Insurance and Bonds are not executed within the time above set forth for the delay and additional expense to the Owner. If awarded a contract under this Proposal, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Proposal within sixty (60) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within ninety (90) consecutive calendar days, computed by excluding the commencement date and including the last day of such period. Respectfully Submitted: State of FLORIDA __ County of LEE Curt Johnson , being first duly sworn on oath deposes _.. and says that the Bidder on the above Proposal is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Curt Johnson , also deposes and says that it has examined and carefully prepared its Bid Proposal from the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. A. Corporation The Bidder is a corporation organized and existing under the laws of the State of MICHIGAN which operates under the legal name of JOH CARLO, INC. ' and the full names of its officers are as foils: President (A\ kx C" '0"'. Secretary Treasurer J0 Manager 1111MM-i - 1/26/2004 2:42 PM MW and it (does) or (does not) have a corporate seal. The (name) is authorized to sign construction proposals and contracts for the company by action of its Board of Directors taken , a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co- Partnership The Bidder is a co- partnership consisting of individual partners whose full names are as follows: The co- partnership does business under the legal name of: - IIndividual The Bidder is an individual whose full name is _ operating under a trade name, said trade name is 3 -8 -04 DATED n 1 V V Ill 1000 — 1/26/2004 2:42 PM JOHN CARLO, INC. legal entity BY: Curt Johnson JOHN CARLO, INC. Name of Bidder (Typed) ,4 Signature Vice President Title T R -P -9 and if [Corporate Seal] STATE OF Fc.orunw COUNTY OF Lge The foregoing instrument was ac by C L Cr -To *, -jSv,,,i ,To 14 i'j C �o Jnrc. corporation. (de ) She is oersonall My Commission Expires: /i f zo /o'1 (AFFIX OFFICIAL SEAL) 1681 ' knowledged before me this 9'N day of 1?74,tt44 , 2004, as VIC2 Prtesra!wf of a corporation, on behalf of the known nown to me or has produced as identification and 4 id not take an oath. ij -- 79- (Signature of Notary) �1 \1111ii111►► /err AM'VO4; '''i ; �1SS10p4% dyer 2p Aq S •�2e P�N•*w • #DD 269311 ; a s ��/ yA• •j0ub11, k/C •-' •' ST*• " rk►1111w�see�N`� — 1/26/2004 2:42 PM NAME: DAVI o 4n1,71°"J (Legibly Printed) Notary Public, State of Fcop-tdA Commission No.: -W PP ;Z&?311 TR -P -10 1681 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we (herein after called the Principal) and (herein called the Surety), a corporation chartered and existing under the laws of the State of with its principal offices in the city of and authorized to do business in the State of are held and firmly bound unto the {hereinafter called the Owner, in the full and just sum of dollars ($ ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a proposal for __. furnishing all labor, materials, equipment and incidentals necessary to furnish and install: Sunshine Boulevard Intersection Improvements at Golden Gate Parkway _._ BID NO. 04-3619 NOW, THEREFORE: The conditions of this obligation are such that if the Proposal be accepted, the Principal shall, within fifteen days after the date of a written Notice of Award, execute a Contract in accordance with the Proposal and upon the terms, conditions and price(s) set forth therein, of the form and manner required by the Owner, and execute a sufficient and satisfactory Contract Performance Bond and Payment Bond payable to the Owner, in an amount of one hundred percent (100 %) of the total Contract price each in form and with security satisfactory to the said Owner, then this obligation to be void; otherwise to be and remain in full force and virtue in the law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid Owner, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty but as liquidated damages. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this day of , 2004. Principal BY TR -P -11 - 1/26/2004 2:42 PM (Seal) Surety Countersigned Local Resident Producing Agent for TR -P -12 1/26/2004 2:42 PM 1661'r (Seal) THIS SHEET MUST BE SIGNED BY VENDOR 1681 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your bid proposal. Bidder should check off each of the following items as the necessary action is completed: B. The Bid has been signed. '/ C. The bid prices offered have been reviewed.-,' D. The price extensions and totals have been checked E. The payment terms have been indicated. F. Any required drawings, descriptive literature, etc. have been included. G. Any delivery information required is included. ,/ H. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. I. Any addenda have been signed and included. J. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 K. The mailing envelope must be sealed and marked with: taBid Number; aProject Name; pOpening Date. 12. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER - DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Co pany Nam Signature & Tit S =7 Date TR -P -13 1/26/2004 2:42 PM 16Bi"� KNOW ALL MEN BY THESE PRESENTS, that we John Carlo, Inc. Orlando Airport Office, 7630 Jetport Dr., Orlando Florida 32827 (herein after called the Principal) and Liberty Mutual Insurance Company (herein called the Surety), a corporation chartered and existing under the laws of the State of _Massachusetts with its principal offices in the city of Boston and authorized to do business In the State of Florida are held and firmly bound unto the Collier County, Florida (hereinafter called the Owner, in the full and just sum of Five Percent of Accompanying Bid---- - - - - -- dollars ($ 5% of aid ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made. the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a proposal for furnishing all labor, materials, equipment-and incidentals necessary to furnish and install: Sunshine Boulevard Intersection Improvements at Golden Gate Parkway BID NO. 04-36119 NOW, THEREFORE: The conditions of this obligation are such that if the Proposal be accepted, the Principal shall, within fifteen days after the date of a written Notice of Award, execute a Contract in accordance with the Proposal and upon the terms, conditions and price(s) set forth therein, of the form and manner required by the Owner, and execute a sufficient and satisfactory Contract Performance Bond and Payment Bond payable to the Owner, in an amount of one hundred percent (100 %) of the total Contract price each In form and with security satisfactory to the said Owner, then this obligation to be void; otherwise to be and remain in full force and virtue In the law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid Owner, upon . demand, the amount hereof in good and lawful money of the United States of America, not as a penalty but as liquidated damages. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 1st day of March , 2004. JOHN CARLO, INC. P n pal BY iitA -�n (Seal) TR -P -11 1/26/2004 2.42 PM 1681 ' 4 LIBERTY MUTUAWNSVIkANCE COMPANY Surety C.A. Johnson, Att rn -in -fact _- (Sea!) N/A Countersigned Local Resident Producing Agent for TR -P -12 1/26/2004 2:42 PM 1681 -- NOTICE FROM SURETY REQUIRED BY TERRORISM. RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act "), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety; Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company "); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten �y Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties "). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90 %) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LMIC -6539 2/03 ai :a d v > .'C Oi O w fA O ty E W THis POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 395477 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY 1661 KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company "), a Massachusetts stock insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint T. R. GUY, PAUL M. HURLEY, C. A. JOHNSON, LINDA L. AUSTIN, ANNE BARICK, MARGARET M. KOHLOFF, ROBERT D. HEUER, W. W. SISSON, ALL OF THE CITY OF TROY, STATE OF MICHIGAN .................. ............................... ................................................................................................................................................................ ............................... each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertak*n�s *bonds, recognizances and other surety obligations in the penal sum not exceeding ONE HUNDRED FIFTY MILLION AND 00 /100 DOLLARS ($ 150,000 000.00 * * * ** ( � )each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By -law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 10th day of October 2003 LIBERTY MUTUAL INSURANCE COMPANY KIN �j Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 10th day of October , 2003 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WHtW unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. i of - i i OF CERTIFICATE , �I 4? a1L - - -, `tBy � Ter sa Pastella, Notary Public I, the undersigned, Assistancretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article -. XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOFZIhave hereunto subscribed my name and affixed the corporate seal of the said company, this 1St day of March UUUU44 /e i By ` David M. Carey, AssWtnt Secretary V! dl C i Q� lo' L � O 0- 1 i N Z C �• C 01 i >� �c e C E° L C ,~ Q O r O I-,r 16BI CONSTRU CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with John Carlo, Inc. ( "Contractor") of 9671 Tradeport Drive, Orlando, Florida 32827, a Michigan corporation, to perform all work ( "Work ") in connection with Sunshine Boulevard Intersection Improvements at Golden Gate Parkway ( "Project ") Bid No. 04 -3619, as said Work is set forth in the Plans and Specifications prepared by Collier County Transportation Engineering and Construction Management Department, the Engineer and /or Architect of Record ( "Design Professional ") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 -- hereof, the Legal Advertisement, the Instructions to Bidders, the Bid Schedule and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a -- part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement "). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance — of the Work. B. Owner shall furnish to the Contractor up to five (5) sets of the Contract Documents as are reasonably necessary for execution of the Work. Additional copies of the Contract Documents shall be furnished, upon request, at the cost of reproduction. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount "), in accordance with the terms of this Agreement: five hundred seven thousand five hundred forty -three dollars and sixty -nine cents ($507,543.69). TR -CA -1 4/12/2004 10:48 AM 1681 " Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the _ State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. Should the contract amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. — A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Project Manager. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within sixty (60) calendar days from the Commencement Date. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the owner that construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Substantial completion is further defined as that date the roadway is open for traffic and all pay items have been completed and accepted by the Owner except for thermoplastic striping, punch list items, street lighting and traffic signalization burn -ins. The work shall reach final completion and be ready for final acceptance by Owner within ninety (90) calendar days from the Commencement Date (herein "Contract Time "). B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified above, as said time may be adjusted as provided for herein. Should Contractor fail to substantially complete the Work within the time period noted above, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, one thousand two hundred sixteen dollars and fifty cents ($1,216.50) for each calendar day thereafter until substantial completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion, Owner shall also be entitled to assess, as liquidated damages, but not as a penalty, a sum certain per day, in the amount of six hundred eight dollars and twenty -five cents ($608.25), for each day after the time set for Final Completion, as set forth in paragraph four (4) above, until Final Completion is achieved. TR -CA -2 4/12/2004 10:48 AM 1561 _ The Project shall be deemed to be substantially completed on the date the Project Manager (or at his /her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have _ to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete or finally complete the Work in a timely manner. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first An and include the last day of such Sunday or on a day made a legal omitted from the computation, and Saturday, Sunday or legal holiday. Y period. If the last day of any such period falls on a Saturday or holiday by the law of the applicable jurisdiction, such day shall be the last day shall become the next succeeding day which is not a D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the County Will count default days in calendar days. E. Conditions under which Liquidated Damages are Imposed. If the Contractor or, in case of his default, the surety, fails to complete the work within the time stipulated in the Contract for Substantial Completion, or within such extra time that the County may -- have granted the Contractor, or in case of his default, the surety, shall pay to the County, not as a penalty, but as liquidated damages, the amount of one thousand two hundred sixteen dollars and fifty cents ($1,216.50) per day for each day the Contractor fails to reach Substantial Completion as -- required under the terms of the contract. Final Completion shall occur when the contract is completed in its entirety, is accepted by the County as complete and is so stated by the County as complete. If the Contractor reaches Substantial Completion but fails to reach Final Completion, the -- Contractor, or in the case of his default, the surety, shall pay the sum of six hundred eight dollars and twenty -five cents ($608.25) per day for each day the Contractor fails to reach Final Completion. -° F. Right of Collection. The County has the right to apply, as payment on such liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. G. Allowing Contractor to Finish Work. The County does not waive its right to liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. H. Completion of Work by County. In the case of a default of the Contract by the Contractor and the completion of the work by the County, the Contractor and his surety are liable for the liquidated damages under the Contract, but the County will not charge liquidated damages for any delay in the Final Completion of the County's performance of the work due to any unreasonable action or delay on the part of the County. TR -CA -3 4/12/2004 10:48 AM 1661 " I. Release of Contractor's Responsibility. The County considers the Contract complete when the Contractor has completed in its entirety all of the work and the County has accepted all of the work and notified the Contractor in writing that the work is complete. The County will then release the Contractor from further obligation except as set forth in his bond and except as provided in the Contract. J. Recovery of Damages Suffered by Third Parties. When the Contractor fails to complete the work within the Contract Time or within such additional time that the County may grant, the County may recover from the Contractor amounts that the County pays for damages suffered by third parties unless the failure to timely complete the work was caused by the County's act or omission. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit E1 Exhibit F: Exhibit G: Exhibit G1 Exhibit G2 Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Work Directive Change Certificate of Substantial Completion Form Final Payment Checklist Certificate of Final Completion Warranty General Terms and Conditions Supplemental Terms and Conditions Technical Specifications Permits Plans and Specifications prepared Construction Management Department Boulevard Intersection Improvements at Plan Sheets 1 -18. Section 7. Notices by Transportation Engineering and and identified as follows: Sunshine Golden Gate Parkway as shown on A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Mr. Lynn Thorpe, P.E., Project Manager ® Transportation Engineering and Construction Management Department 2685 Horseshoe Drive, South, Suite 212 Naples, FL. TR -CA-4 4/12/2004 10:48 AM Telephone: (239) 774 -8192 Facsimile: (239) 213 -5885 �i B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 9. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 10. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 11. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 12. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 13. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 14. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all change orders to the Agreement to the extent provided for under the County's Purchasing Policy and accompanying administrative procedures. TR -CA -5 -- 4/12/2004 10:48 AM 1661 a Section 15. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 16. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict obligation under the Contract Documents upon the Contractor. TR -CA -6 4/12/2004 10:48 AM 1681 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below TWO WITNESSES: FIRST WITNESS J OA' L . ( )011 J Type /Print Name I-��- SECOND WITNESS Type /Print Name Date: 5 -6 - Uoq ATTEST: Dwight E. Brock, Clerk CONTRACTOR: JOHN CARLO, INC. By: Type /Print Name and title Affix the "(Corporate Seal }" OR type /print "(Corporate Seal)" BY: - BY Attert a0to C man's signature only. Approved As To Form and I Suffici Sco each Assistant County Attorney 4/12/2004 11:57 AM OWNER: BOARD OF COUNTY CP&%A1f8Q.lONERS OF COLLIER COUNTY F�`OR�{�A'•..�4.' :' , Commis inner Dora F' #ax 0, Item # f Agenda "1�' A Date � TR -CA -7 Date Recd Deputy rk 1681 A", EXHIBIT A PUBLIC PAYMENT BOND Sunshine Boulevard Intersection Improvements at Golden Gate Parkway Bond No. 13016341 Contract No. 04 -3619 KNOW ALL MEN BY THESE PRESENTS: That John Carlo. Inc. 9671 Trade ort Drive, Orlando FL 32827 as Principal, and Liberty Mutual Insurance Company , as Surety, located - at 1450 W Long Lake Road Suite 375 Troy, MI 48098 (Business Address) are held and firmly bound to Board of County Commissioner of Collier County, Florida as Oblige in the sum of Five Hundred Seven Thousand Five Hundred Forty Three and 69/100- - - - - -- ($ 507,543.69 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 13th day of April 2004, with Oblige for Sunshine Boulevard Intersection Improvements at Golden Gate Parkway In accordance with drawings and specifications, which contract is incorporated by reference and r^" de a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the -- prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this- bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 13th day of April 2004, the name of each party being affixed and these presents duly signed by its under- signed representative, pursuant to authority of its governing body. TR- CA -A -1 1126/2004 2:42 PM Signed, sealed and delivered in the presence of: P fu BY; ]WItne as to Principal NAME; -� ITS STATE OF COUNTY OF ' z -Ie i He ON " PRINCIPAL The foregoing instrument was acknowledged before me this 13th day of A ril 2004, by /?'l!C°�,� Uti� C _, as EXEC, C/�CG _ ES✓ �71, /i of �o _ , a 1/C AM%6�corporation, on behalf of the corporation. e/ e ' ersonally known t me OR has produced as identification and did {did ot) take .__.. M Commission Expires: My (Si at re o Nota ) (AFFIX OFFICIAL SEAL) ATTEST: =Surety Wi s 1/26/2004 2:42 PM NAME: A/qA C• l Z� -7—# CA�4 S (Legibly Printed) Notary Public, State of� /��"' Commission No.: / SURETY: LIBERTY MUTUAL INSURANCE COMPANY (Printed Name) 1450 W. Long Lake Road, Suite 375 Tmv MI 48098 (Printed Name) TR- CA -A -2 9M As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF Michigan COUNTY OF Oakland 1691CI The foregoing instrument was acknowledged before me this 13th day of April 2004, by C.A. Johnson , as Attorney -in -fact Of Liberty Mutual Insurance Company Surety, on behalf of Surety. He /She is personally known to me OR has produced personally known as identification and who did (did not) take an oath. r, My Commission Expires: t I A N A (4inatdre) MARGARET M KOHL0#ame: 60WA A Notary Public, Oakland County, Mi (Legibly Printed) (AFFIX OFFICIAL SEAL) My Commission Expires 09/28/2047 Notary Public, State of. Commission No.: N/A TR- CA -A -3 1/26/2004 2:42 PM 1661" EXHIBIT A PUBLIC PERFORMANCE BOND Sunshine Boulevard Intersection Improvements at Golden Gate Parkway Bond No. 13016341 Contract No. 043619 KNOW ALL MEN BY THESE PRESENTS: That John Carlo Inc. 9671 Tradeport Drive, Orlando, FL 32827 as Principal, and Liberty Mutual Insurance Company as Surety, located at 1450 W. Long Lake Road, Suite 375, Troy, MI 48098 (Business Address) are held and firmly bound to board of County Commissioner of Collier County Florida , as Oblige in the sum of Five Hundred Seven Thousand Five Hundred Forty Three and 69/ 100--------------------- -- ---- ---------------- -------- --- ($ 507,543.69 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 13 day of X12 I L 2004, with Oblige for Sunshine Boulevard Intersection Improvements at Golden Gate Parkway in accordance with drawings and -- specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not lim1ed to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connedf.ed with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or tha specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. TR- CA -A-4 1/26/2004 2:42 PM 1681 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this j ay of li''� �- , 2004, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL JOHN CARLO C. 'v BY: With s as to Principal NAME: ( EZ- ITS: E e 0 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 13th day of April , 2p04� by ,mil iC�/.4E� 0f�VG�.�/O , as .YEe. �/i �E "'REST bE JT of G� �� LO ' a /L �/ %' 47 corporation, on behalf of the corporation. tie/ he is finally know to me OR has produced an oath. as identification and did (did not) take My Commission Expires: '9-.'14 - e2 7 (AFFIX OFFICIAL SEAL) 1/26/2004 2:42 PM (Si nature) Name: (Legibly Printed—) Notary Public, State of. Commission No.: TR- CA -A -5 ATTEST: Wi SeS as O Surety OR 1661 "" SURETY: LIBERTY MUTUAL INSURANCE COMPANY (Printed Name) kr-Flutcu 1vainv) As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF Michigan COUNTY OF Oakland The foregoing instrument was acknowledged before me this 13th day of April , 2004, by C A Johnson as Attorney -in -fact Of Liberty Mutual Insurance Company Surety, on behalf of Surety. He /She is personally known to me OR has produced Personally known as identification and who did did ot) take an oath. My Commission Expires: �. MARGARET M KOHLOFF (S-1 u ) Notary Public, Oakland Countk j# f l My Commission Expires 0912612001 (Legibly rinted) (A FFIX OFFICIAL SEAL ) Notary Public, State of: 1 _ r'J Commission No.: N/A TR- CA -A -6 1/26/2004 2:42 PM milli EXHIBIT IBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certiificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor /Consultant/Professional. (5) The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the Owner of policy cancellation or non - renewal on the part of the insurance carrier or the Contractor. (6) All insurance coverage's of the Contractor /Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor /Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (9) Should at any time the Contractor /Consultant/Professional not maintain the insurance coverage's required herein, the Owner may terminate the Agreement or at its We discretion shalt be authorized to purchase such coverage's and charge the Contractor for such coverage's purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. TR- CA -B -1 1/26/2004 2:42 PM 16B1 NOTICE FROM SURETY REQUIRED BY TERRORISM. RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act "), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company "); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten �y Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties "). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90 %) of any covered losses from terrorist acts certified/ under the Act exceeding the applicable surety deductible. LMIC- 6539 2/03 1395360 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company ex t i he manner and to the extent herein stated. T LIBERTY MUTUAL INSURANCE COMPANY III,,��JJJ BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint T. R. GUY, PAUL M. HURLEY, C. A. JOHNSON, LINDA L. AUSTIN, ANNE BARICK, MARGARET M. KOHLOFF, ROBERT D. HEUER, W. W. SISSON, ALL OF THE CITY OF TROY, STATE OF MICHIGAN ............................................... • ................................................................................................. ............................... . each •individually•if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligaton *In the penal sum not exceeding ONE HUNDRED FIFTY MILLION AND 00/100*****************' DOLLARS ($ 150,000,000.00 ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By -law and Authorization: L 1 d .a C cc �d cc D 3 '.a •N d �o I�H � L m ,3.c Ire t0 3 > -v L_ v ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article X111, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attomeys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 10th day of October 2003 LIBERTY MUTUAL INSURANCE COMPANY r; Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss R` COUNTY OF MONTGOMERY On this 10th day of October 2003 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY first above writte CERTIFICATE subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year N:y �3rT C? hd r �Eryt .it a BY As Cw E t Nl 8 E Ter sa Pastella, Notary Public wz I, the undersigned, Assistan ^ ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 21St day of fit=' - --2004- . By x Da4MCarey, Al' 't Secretary 04/21/04 WED 10:07 FAX 1 248 488 0413 NOVI ils certificate is executed by Liberty Mutual Insurance Group as rospear such insurance as is afforded by those companies. SM0068 -- Certificate at Insurance ,'his catificaw h issued as s matter of information only and confers m rights upon you the certifEcata holder. This certificate is not an insurance policy and does not amead, extend or after the coverage Horded by the policies listed below. This is to certify that (Name and address of Insured) JOHN CARLO, INCORPORATED 45000 RIVER RIDGE DRIVE CLINTON TOWNSHIP, MI48046 is, at tie "m date of mu eenttteate, msu is net elected by any requirement, tern or Expiration Type Continuous* dX Extended Policy Term Workers Compensation General Liability H x Claims Made Occurrence Retro Date ssr- n i s to all their terms, exclusions and conditions and 04/01/2005 WA2 -14D- 434968 -014 Coverage afforded under WC law of Employers Liability the following states. Bodily Injury I n B Accident FL, MI $500,000 Each Accident Bodily Injury By Disease $500,000 Policy Limit Bodily Injury By Disease $500,000 Each Person 04/01/2005 1B2- 141 - 434968 -024 General Aggregate -Other than Prod/Completed Operations $2,000,000 Products/Completed Operations Aggregate $2,000,000 Bodily Injury and Property Damage Liability Per $1,000,000 Occurrence Personal and Advertising Injury Per Person / Other Liability Other Liability 04/01/2005 AS2 -141- 434968 -034 Each Accident - Single Limit - B. L and P. D. Combined Automobile Liability $1,000,000 Each Person X Owned X Non -Owned Each Accident or Occurrence X Hired Each Accident or Occurrence - C Additional Insured with respects to General Liability policy form #LG 1017 and Automobile Liability per policy language: The Board of County Commissioners of Collier O County, Florida. Includes Waiver of Subragation with respects to Woemm' Compensation policy in favor of The Board of County Commissioners of Collier County, Florida. M The General Liability policy includes coverage for explosion, collapse or underground property damage M E _. N T *If the certificate expiration due is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration data However, you will not be notified annually of tie continuation of coverage. Special Notice - Ohio: Any person who, with iateat to defiaud or knowing that he I she is facilitating a frnnd against an insurer, submits an application or files a claim containing a filao or deceptive statement is putty of insurance fraud. important info meetim to Florida policyholders and oertificate holders: in the event you have any questions or need information about this certificate for any reason, please coated your local sales producer, whose name and telephone number appears in the lower left cocoa of this cerafteats. The appropriate local sales ot'fiw mailing address may also be obtained by calling this number. Notice of cancellation: (not applicable unless a number of days is entered below) . Before the stated expiration date the company will not cancel or reduce the insunmce afforded under the above policies until at least 30 days notice of such cancellation has been mailod to: Office: FARMINGTON HILLS, Ml Phone: 248 - 489 -2800 I '' , Certificate Holder: I Michele L. Ople THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FL Authorized Represent 3301 TAMIAMI TRAIL EAST NAPLES, FL 34112 Date Issued- 04/21/2004 Prepared By: DZ 04/21/04 WED 10:08 FAX 1 248 488 0413 N(1VI 0004 16BI IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25.3 (2001108) 2 of 2 #S4714I M45994 r 04/21/04 WED 10:08 FAX 1 248 488 0413 Cli ACAA NOV1 _ . Cam. 003 Ad'2dORi1 � � TS n - - Ta (MMDDIYYYY) ACORD. CERTIFICATE OF LIABILITY INSURANCE 04121/04 PRODUCER Helmsman Insurance Agency LLC 630 Morrision Rd Suite 300 Columbus, OH 43230 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED John Carlo, Inc. 45000 River Ridge Drive Clinton Township, MI 48036 INSURER A: ins. Co. of the State of PA LIMITS INSURERS: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR N TYPE OF INSURANCE POLICY NUMBER POLICY E C PO Y E)LP LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE F� OCCUR EACH OCCURRENCE R= SO RENTED MED EXP (Any one Person) S PERSONAL & ADV INJURY ; GENERAL AGGREGATE $ GENLAGGREGATE LIMIT APPUESPER; POLICY PRC LOC PRODUCTS - COMPIOPAGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (es accident) $ BODILY INJURY (Par parson) $ BODILY INJURY (Per.1denl) $ PROPERTY DAMAGE (Per mcidend) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG S $ A EXCE881UMBREU A LIABILITY X OCCUR FI CLAIMS MADE DEDUCTIBLE RETENTION S 46046094 04101/04 04/01/03 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 S $ $ WORKERS COMPENSATION AND EMPLOYER$' LIABILITY ANY PROPRIETORIPARTNERIEXECUTWE OFFICERIMEMBER EXCLUDED? K deccdbe under SPECIAL PROVISIONS below WC STATU- OTH- E.L EACH ACCIDENT _ ; E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLE$ I EXCLUSIONS, ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Additional Insureds: The Board of County Commissioners of Collier County, Florida. Waiver of Subrogation. GtKI IrRNAl C fIVLLJGK F NSHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION The Board of County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR To MALL An WRITTE Commissioners of NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL /'nllin� f`m �n�v CI IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) 1 of 2 #S4T141/M45994 1L,MIy1 AtwKV �.vrcrv+wnv�� naoo EXHIBIT B l INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor /Consultant/Professional. (5) The Contractor and /or its insurance carrier shall provide thirty (30) days written notice to the Owner of policy cancellation or non - renewal on the part of the insurance carrier or the Contractor. (6) All insurance coverage's of the Contractor /Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor /Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (9) Should at any time the Contractor /Consultant/Professional not maintain the insurance coverage's required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the Contractor for such coverage's purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. TR- CA -B -1 1/26/2004 2:42 PM •i (10) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor /Consultant/Professional shall furnish to the County, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure ofthe for the County to terminate the Agreementenewal certificate(s) shall be considered justification WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY -- Required by this Agreement? _.X _Yes No (1) Workers' Compensation and Employers' termlobth s Agreement for all employeesnendgagedhn Contractor /Consultant/ Professional during 9 the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation — Florida Statutory Requirements b. Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. (check one) ❑ Applicable X Not Applicable — (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) ❑ Applicable X Not Applicable IFOC M, 1/26/2004 2:42 PM 1681 ' COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes No (1) Commercial General Liability Insurance shall be maintained by the Contractor / Consultant / Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: General Aggregate $ 300,000 Products /Completed Operations Aggregate $ 300,000 Personal and Advertising Injury $ 300,000 Each Occurrence $ 300,000 Fire Damage $ 50,000 General Aggregate $ 500,000 Products /Completed Operations Aggregate $ 500,000 Personal and Advertising Injury $ 500,000 Each Occurrence $ 500,000 Fire Damage $ 50,000 X General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence 1 50,000 Fire Damage (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the occurrence form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non - renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. TR- CA -B -3 1/26/2004 2:42 PM (5) Coverage shall be included for explosion, 1681y collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. (check one) ❑ Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $1,000,000 each occurrence if applicable to -- the completion of the work under this Agreement. (check one) ❑ Applicable X Not Applicable PROPERTY INSURANCE — BUILDERS RISK -- (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a — replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub - subcontractors and Material Suppliers in the Work. (2) Property insurance shall be on an all -risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all -risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub- .— contractors in the Work. TR- CA -B -4 1/26/2004 2:42 PM 1661 (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents and caused employees, f or c other of peels to the extent the Professional, Professional's consultants, for Y covered by property insurance obtained pursuant to this exhibit or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner e as fiduciary and e made payable to the Owner as fiduciary for the insured, AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor /Consultant/Professional for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor /Consultant/ Professional and, if so, such may shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, Automobile Liability and Professional Liability coverage's and shall include all coverage's on a "following form" basis. on of any (2) The policy shall contain wording of the claims, the Umbrella policy wilolf "drop down" apply apply as underlying coverage due to the payment , primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. TR- CA -B -5 1/26/2004 2:42 PM 1 EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in an 2004 to fohe the performance ofrthm Agreement between Contractor and Owner, dated to (2) Contractor 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 Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No. BY: ITS: DATE: Witnesses STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this o day of , as corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. CONTRACTOR President [Corporate Seal] My Commission Expires: (AFFIX OFFICIAL SEAL) 1/26/2004 2:42 PM (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: TR- CA -C -1 2004, by ,a •s EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Water -Sewer District (the OWNER) A lication Date pp Collier County FROM: (Contractor's Representative) Pa Work app Application n No. for hrough the Date: (Contractor's Name) (Contractor's Address) (Project Name) RE: Original Contract Amount: $ Original Contract Time: Total Change Orders to Date $ Revised Contract Time: Revised Contract Amount $ -- Total value of Work Completed 10 /° thru insert date $ Retainage @ ° [ ] $ and stored to Date Less previous payment (s) $ $ __- Retainage @ _% after [insert date] % AMOUNT DUE THIS Percent Work completed to Date: Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: _ (Type Name & Title) -- Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: TR- CA -D -1 1/26/2004 2:42 PM (Signature) DATE: _ (Type Name and Title) 16 Bl y . °§kd § S ®� ■ °) \c \\ {k kf ]k »{ \� \& �@ k» a) m \\ 2 � k ) 2!� ui & o 22 �� CL 2z z ¢� §} �e o k� Sk 7' Sf_ /) ,7$ aam « ■ g o 2 w t z 7 ƒ z \ \\ � }\/ e,e &0 (A k{ \z k{7 °ƒa \7§ 2$ƒ - CL L {$ ` ■2 2% m z C14 D Q U � � k / / / CHANGE ORDER NO.: m-- TO: EXHIBIT E CHANGE ORDER CONTRACT NO.: "A I 1681 ' �- DATE: _ PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated , 2004. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: For the (Additive) (Deductive) Sum of: $ Original Agreement Amount $ - Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased /decreased) by calendar days due to this Change calendar days. The substantial Order. Accordingly, the Contract Time is now ( ) Your acceptance . T sub to this completion date is and the final completion date is Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. By: By. -- CEI TECM By:. By: CONTRACTOR PROJECT MANAGER 1/26/2004 2:42 PM By: T.E.C.M. DIRECTOR BOARD OF COUNTY COMMISSIONERti OF COLLIER COUNTY, FLORIDA TR- CA -E -1 16BJ Exhibit E -1 Transportation Engineering & Construction Management Department - WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE # DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners ................. ............................... PROJECT* CONTRACTOR: ENGINEER: You are directed to proceed promptly with the following change(s): Description: Purpose of Work Directive Change: Attachments: If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s). Method of determining change in Contract Price: Method of determining change in Contract Times: ❑ Unit Prices ❑ Contractor's records ❑ Lump Sum ❑ Engineer's record ❑ Other ❑ Other Estimated increase (decrease) in Contract Price Estimated change in Contract Time: $ Increase or decrease by calendar days. RECOMMENDED: ACCEPTED: AUTHORIZED: .� By: By: By' Engineer /Consultant Contractor Owner's Representative TR- CA -E -1 -1 1/26/2004 2:42 PM • EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the '— Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. EJCDC NO. 1910 -8 -D (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5/85 TR- CA -F -1 1/26/2004 2:42 PM _ 16S.1 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 2004 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on By: 1/26/2004 2:42 PM OWNER Type Name and Title TR- CA -F -2 2004 2004 16B1 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: , 2004 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Calendar Days. Substantial Completion Time: Calendar Days. Final Completion Time: YES NO -- 1. All Punch List items completed on 2. Warranties and Guarantees assigned to County (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. Record drawings obtained and dated: 6. County personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: — (attach to this form). issued on 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified project is in operating phase. 12. Other: If any of the above are not applicable, indicate by N /A. If NO is checked for any of the above, attach explanation. Acknowledgments: — By Contractor: (Company Name) (Signature) By Owner: TR- CA -G -1 1/26/2004 2:42 PM (Typed Name & Title) (Department Name) (Signature) (Name & Title) OWNER'S Project No. PROJECT: CONTRACTOR EXHIBIT G1 CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. Contract For Contract Date -- This Certificate of Final completion applies to all Work under the Contract documents. To -- OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION EJCDC NO. 1910 -8 -D (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5/85 TR- CA -G1 -1 1/26/2004 2:42 PM 16BI The following warranty is attached to and made a part of this Certificate: EXHIBIT G2 xecuted by Design Professional on 12004 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on OWNER By: Type Name and Title TR -CA -G 1 -2 1/26/2004 2:42 PM 2004 2004 i EXHIBIT G2 WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR CORPORATESEAL BY: Attest: TR- CA -G2 -1 1/26/2004 2:42 PM 1681 .4 '.V EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1. It is the intent of the Contract Documents to describe a functionally complete project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the -- Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2. If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report — same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements conditions Docume is befo a commencding any information the Work. to Cotractor with the Contract -' 1.3. Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise s.pecificall a B otherparts anchors, bolts, screws, fittings, fillers, hardware, a s required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1. Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; TR- CA -H -1 1/26/2004 2:42 PM 1661 climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not reliev Crshall it be considered the responsibilities to any perform under the Contract Documents, nor claim for additional time or compensation. 2.2. Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub - Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting rdinatell its Work around any of the or CContractor shall schedule and co temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The -- Contractor is responsible for coordinating al utilities to be �oordinat d by the Owner the prosecution of the Work (except those described in other places of the contract documents). 3. SCHEDULE. 3.1. The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and Timshall . provide The Progress Schedule shall indicate execution of the Work within the tract the dates for starting and completing the various stages of the Work. 3.2. The Progress Schedule shall be updated monthly by the Contractor. All monthly r° updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with it's monthly Applications for Payment Schedule below. updates eshallJbetancondition r precedent to approval of the submitted the Owner's obligation to pay Contractor. 3.3. All work under this Agreement shall be performed within the requirements of the Collier County Noise Ordinance 93 -77, Amended by 96 -29, and Article 1, Division 1.5, Section 1.5.5 of the Collier County Land Development Code. Unless otherwise specified, work will be allowed twenty -four (24) hours a day, Monday through Friday except for County Holidays. Lane closures shall be limited to the hours of 9:00 a.m. to 3:30 p.m.. Turn Lane closures shall need engineers approval. No work shall be performed outside the specified hours without the prior approval of the Project Manager. TR- CA -H -2 1/26/2004 2:42 PM 1661 4. PROGRESS PAYMENTS. 4.1. Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month to the Project Manager along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2. Prior to submitting its first monthly Application for Payment, Contractor shall submit to the Project Manager a complete list of all its proposed subcontractors and material -men, showing the work and materials eriaThe first dollar amount of each shall be proposed subcontract and purchase order. submitted no earlier than thirty (30) days after the Commencement Date. 4.3. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location agreed to by the Owner in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment - are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. -- 4.4. Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager. Within twenty (20) business days after stamped receipt of each Application for Payment, the Project Manager shall either: (1) indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons ❑herefore; or (3) return - the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices shall be processed in accordance with Section 218.70, F.S. and the administrative procedures established by the County's Purchasing and Finance Departments respectively. In the event of a total denial and return of the Application for Payment by the Project Manager, the Contractor shall make the necessary corrections and re- submit the revised Application for Payment. Upon the stamped receipt by the Project Manager of the revised Application for Payment, the Owner shall, within ten (10) business days, pay the Contractor the amounts so approved. TR- CA -H -3 1/26/2004 2:42 PM 1681 '4 Owner shall retain ten percent (10 %) of the gross amount of each monthly payment f� request or ten percent (10 %) of the portion thereof be acumlat d ad not re apuno1leased for to payment, whichever is less. Such sum shall Contractor until final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the of cumulative establish, in held through out they periodically reduce the percentage nurse of the project schedule in accordance with the Purchasing Policy as revised May 13, W 2003. 4.5. Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's work. 4.6. Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, showing that all materials, labor, equipment and other bills associated with that portion of the Work payment is being requested e Owner shall not be required to make payment subsequent to the first payment, until , and unless these affidavits are furnished by Contractor. 4.7. Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.8. Prior to release of final mn shalldjointly the Contractor's Final Payment Representative and the Probe Manag er Checklist, a representative copy of which is enclosed in the agreement and labeled Exhibit G. 5. PAYMENTS WITHHELD. 5.1. The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the contract documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: TR- CA -H -4 1/26/2004 2:42 PM 1681 (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. 5.2. If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non- _ liquidated obligations of Contractor toOwner, whether and Owner. to or arising out of this Agreement or any other agreement be t 6. FINAL PAYMENT. 6.1. Owner shall make final payment to Contractor within thirty (30) calendar days -- after the Work is finally inspected and accepted by Project Manager in accordance with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as,ethat may be required by the Contract executed copy the consent payment and such other docu mentation Documents and the Owner. 6.2. Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing and identified by Contractor as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1. Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. TR- CA -H -5 _. 1/26/2004 2:42 PM 1681' Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor. _ 7.3. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of ail costs that will _ result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the teshDa�l be the submission same as those provided here herein and review by the Project Manager substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by either a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance TR- CA -H -6 1/26/2004 2:42 PM guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS- BUILTS AND MEETINGS. 8.1. Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1. Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2. Soil conditions which adversely affect the Work; 8.1.3. The hours of operation by Contractor's and Sub - Contractor's personnel; 8.1.4. The number of Contractor's and Sub - Contractor's personnel present and working at the Project site, by sub - contract and trade. 8.1.5. All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6. Description of Work being performed at the Project site; 8.1.7. Any unusual or special occurrences at the Project site; ' 8.1.8. Materials received at the Project site; 8.1.9. A list of all visitors to the Project 8.1.10. Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. TR- CA -H -7 1/26/2004 2:42 PM M_ 8.2. Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, — addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The — annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive — Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As- Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3. Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right — to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1. Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public TR- CA -H -8 1/26/2004 2:42 PM s enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty - to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 10. CHANGES IN THE WORK. 10.1. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. 10.2. A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3. If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor TR- CA -H -9 1/26/2004 2:42 PM M_ and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon - by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15 %). All compensation due Contractor and any Subcontractor or sub - subcontractor for field and home office overhead is included in the markups noted �- above. Contractor's and Sub - Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5. Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the _ Contractor. 11. CLAIMS AND DISPUTES. 11.1. Claim is a demand or assertion by one of the parties seeking an adjustment or _ interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2. Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours after the first day of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Claims not settled by the aforesaid _ procedure, shall be resolved according to the Dispute Resolution incorporated herein by reference. A copy of the Dispute Resolution Procedure is available in the Purchasing Department or on the Purchasing website at colliergov.net/purchasing. All claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3. The Contractor shall proceed diligently with its performance as directed by the -- Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. TR- CA -H -10 1/26/2004 2:42 PM 12. OTHER WORK. 12.1. Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty -eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty -eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2. Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3. If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1. The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any TR- CA -H -11 1/26/2004 2:42 PM Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor / Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack of, sufficient insurance protection. The first One Hundred Dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. 13.2. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.3. Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to -° the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. 15. CLEANUP AND PROTECTIONS. 15.1. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as _ well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2. Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. -- 16.1. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor - does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. TR- CA -H -12 1/26/2004 2:42 PM 17. PERMITS, LICENSES AND TAXES. lbai 17.1. Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. -- 17.2. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. -` 18.1. Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2. Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. TR- CA -H -13 1/26/2004 2:42 PM 16Ri 18.3. If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4. The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and -- obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items ❑herefore or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5. If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1. Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2. Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and TR- CA -H -14 1/26/2004 2:42 PM 16Bi exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the �. entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If �- Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons ❑herefore. If Owner, after conferring with the Design -- Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated -- portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. 20.2. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a Certificate of Final Completion. The County, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable shall issue a Certificate for Final Payment. The Contractor shall submit the final Application for Payment to the Project Manager for review and approval. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit C (2) Consent of surety to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. TR- CA -H -15 1/26/2004 2:42 PM I 6R 7 Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any material -men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless — otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, -- installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after �- substantial completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or -- repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or any other representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the County to disqualify the Contractor from future County bid opportunities. 21.3 The Contractor shall be fully responsible to the County and Consultant for all acts and omissions of the Subcontractors, suppliers and other persons and organizations performing or furnishing any of the work under a direct or indirect contract with the Contractor just as the Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between the County or Consultant and any such Subcontractor, supplier, or other person or organization, nor shall it create any obligation on the part of the County or Consultant to pay or to see to the payment of any moneys due any such Subcontractor, supplier, or other person or organization except as may otherwise be required by laws and regulations. _ 21.4 The Contractor agrees to bind specifically every Subcontractor to the applicable terms and and conditions of the Contract Documents to the benefit of the County. All Work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor. TR- CA -H -16 1/26/2004 2:42 PM 22. TESTS AND INSPECTIONS. 1681 22.1. Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2. Inspection, testing or approval of any portion of Work that is required by (i) any applicable codes, laws, ordinances, rules or regulations of any public authority other than Collier County, or (ii) permits issued by any public authority other than Collier County, shall be arranged by Contractor, at Contractor's expense, without right of reimbursement from Owner. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. Contractor shall provide Owner with the required certificates of inspection, testing or approval. Other inspection, testing or approval of any portion of Work, that is required by (i) the -- Contract Documents, (ii) codes, laws, ordinances, rules or regulations of Collier County, (iii) permits issued by Collier County, (iv) the Project Manager or (v) the Design Professional, shall be conducted by Owner or a person designated by Owner and shall be accomplished at Owner's or such person's expense. Contractor shall cooperate with such process. If the Work fails the inspection, test or conditions of approval, then Contractor shall promptly correct the deficiency at Contractor's cost, without right of reimbursement from Owner, and shall notify Owner when the Work is ready for re- inspection, re -test or re- approval. Owner shall charge Contractor the cost of re- inspection, re -test or re- approval, including but not limited to fees and charges of professional service providers. 22.3. If any Work that is to be inspected, tested or approved is covered without prior written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation, and replaced if necessary, at Contractor's expense without right of reimbursement from Owner. If, however, Contractor had given Project Manager timely notice of Contractor' intention to cover the Work and Project Manager had not responded after a reasonable period of time, then Owner shall bear such expense. 22.4. Neither observations Professional nor inspections, Contractor's obligations to Documents. 1/26/2004 2:42 PM nor other actions by the Project Manager or Design tests or approvals by others shall relieve Contractor from perform the Work in accordance with the Contract TR- CA -H -17 1661 23. DEFECTIVE WORK. 23.1. Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non - defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2. If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project -- Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Project Manager to stop the Work shall not give rise to any duty on the part of Owner or Project Manager to exercise this right for the benefit of Contractor or any other party. 23.3. Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.4. If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid _ Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. TR- CA -H -18 1/26/2004 2:42 PM 1681 All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1. Contractor shall plan, organize, supervise, schedule, monitor, direct and control -- the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work -- complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. 24.2. Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. TR- CA -H -19 1/26/2004 2:42 PM 25.2. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3. Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1. In the event of an emergency affecting the safety or protection of persons or the -- Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty -eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight °— (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1. Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to ., prevent damage, injury or loss to: TR- CA -H -20 _. 1/26/2004 2:42 PM 16R 28.1.1. All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3. Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2. Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre- construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with T" respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre- construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of agreement. TR- CA -H -21 1/26/2004 2:42 PM 31. MAINTENANCE OF TRAFFIC POLICY M31110 For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and /or Purchasing Departments, and is available on -line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the MOT policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid proposal pages. MOT is to be provided within ten (10) days of receipt of "Notice of Award" 32. DIRECT PURCHASE 32.1. The County reserves the right to require Contractor to assign some or all of its - agreements with material suppliers directly to the County. Any such goods and /or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Contractor relating to said materials shall be governed by the terms and conditions of this Bid which shall take precedence over other conditions and terms of this Bid where inconsistencies or conflicts exist. Additionally, the County; at it's sole option; may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Contractor: A. Required quantities of material. B. Specifications relating to goods and/or materials required for job including brand and /or model number or type if applicable C. Pricing and availability of goods and /or materials provided under Contractor's agreements with material suppliers 32.2. Purchasing Upon receipt of a proper requisition (including appropriate backup material(s), the Purchasing Department shall issue a Purchase Order for the material required. Each Purchase Order shall contain the County's certificate of exemption number. The Purchase order shall be given to the Project Manager for completion of the ordering process. TR- CA -H -22 '- 1/26/2004 2:42 PM "M1 Unless the following items were included in the quote provided by the vendor to the Project Manager, the Purchase Order shall also provide for reimbursement of the cost to the supplier for: A. Shipping and handling B. Insurance costs C. Performance Bond 32.3. General Terms and Conditions A. Contractor shall be required to maintain records of all County- furnished materials that it incorporates into the project from the stock of County - furnished materials in its possession. Such records shall be furnished monthly to the Project Manager or their designee and shall include information on materials that have 1. Been delivered into the Contractor's possession and /or 2. been incorporated into the project. B. Notwithstanding the transfer of County- furnished materials by the County to the Contractor's possession, the County shall retain legal and equitable title to any and all County- furnished materials. C. The transfer of possession of County- furnished materials from the County to the Contractor shall constitute a bailment for the mutual benefit of the County and the Contractor. The County shall be considered the bailor, and the Contractor the bailee fo the County- furnished materials. County - furnished materials shall be considered returned to the County for purposes of their bailment at such time as they are incorporated into the Project. D. The County shall purchase and maintain insurance sufficient to protect against any loss or damage to County- furnished materials. Such insurance shall cover the replacement cost of any County- furnished materials not yet incorporated into the Project during the period between the time the County first takes title to any such materials and the time when the last of said materials are incorporated into the project. E. The County shall in no way be liable for any interruption or delay in the project, for any defects or other problems with the project, or for any additional costs resulting from any delay in the delivery of, or defects in, County- furnished materials, except in the event of the County's gross negligence or willful misconduct. F. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. TR- CA -H23 -- 1/26/2004 2:42 PM EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS 1/26/2004 2:42 PM 1681 EXHIBIT J TECHNICAL SPECIFICATIONS TR-CA-J-1 1/22/2004 1:06 PM •t EXHIBIT J TECHNICAL SPECIFICATIONS - ROADWAY THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) "STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION" (2000 EDITION, AS AMENDED TO DATE), AND THE FOLLOWING SPECIAL PROVISIONS AMENDING THE STANDARD SPECIFICATIONS, ARE HEREBY — ADOPTED AND MADE A PART OF THE CONTRACT DOCUMENTS. IN CASES OF DISCREPANCY, THE GOVERNING ORDER OF THE DOCUMENTS SHALL BE AS FOLLOWS: 1. Advertisement for bids, instructions to bidders, proposal, contract form, payment and performance bond. 2. Construction Plans 3. Technical Specifications 4. FDOT 2002 Design Standards 5. FDOT Standard Specifications for Roadway and Bridge Construction GENERAL NOTE: Many sections within Division I of the FDOT Standard Specifications for Road and Bridge Construction, 2000 Edition, have been deleted by this Exhibit J -1, and in some cases replaced by provisions within Exhibit H. For the Contractor's convenience, the Owner has attempted to identify the provisions(s) in Exhibit H replacing the deleted sections. However, the Contractor is responsible for reviewing all contract documents and the Owner's failure to cross reference a deleted section with its replacement section or sections in Exhibit H shall not relieve the Contractor from complying with the requirements included in Exhibit H. If a section within the FDOT Standard Specifications for Road and Bridge Construction, 2000 Edition, is deleted by this Exhibit J -1 and there is -" no corresponding replacement provision within Exhibit H, that section is deleted and not applicable to this project. Any references in Division II to sections within Division I which have been deleted and replaced by provisions in Exhibit H shall be treated as references to the applicable sections within Exhibit H. - 16Ei LIST OF REVISIONS TO THE FDOT STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, 2000 EDITION DIVISIONI ....................................................................................................... ..............................3 GENERAL REQUIREMENTS AND COVENANTS .................................................. ..............................3 SECTION1 - DEFINITIONS AND TERMS .............................................................. ..............................3 SECTION 2 - PROPOSAL REQUIREMENTS AND CONDITIONS ....................... ..............................4 SECTION 3 - AWARD AND EXECUTION OF CONTRACTS ............................... ..............................4 SECTION4 - SCOPE OF WORK ............................................................................... ..............................4 SECTION5 - CONTROL OF THE WORK ................................................................ ..............................4 SECTION 6 - CONTROL OF MATERIALS .... ............................... .......5 ................... ............................... SECTION 7 -LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC ....................... 7 SECTION 8 - PROSECUTION AND PROGRESS ................................................... .............................10 SECTION 9 - MEASUREMENT AND PAYMENT ................................................. .............................12 DIVISIONII ...................................................................................................... .............................14 CONSTRUCTIONDETAILS ....................................................................................... .............................14 SECTION 100 - CONSTRUCTION EQUIPMENT - GENERAL REQUIREMENTS ..........................14 SECTION 102 - MAINTENANCE OF TRAFFIC ...................................................... .............................14 SECTION 110 - CLEARING AND GRUBBING ....................................................... .............................14 SECTION 120 - EXCAVATION AND EMBANKMENT ....................................... .............................15 SECTION 125 - EXCAVATIONS FOR STRUCTURES ........................................... .............................16 SECTION160 - STABILIZING ................................................................................. .............................17 SECTION200 - LIMEROCK BASE .......................................................................... .............................17 SECTION285 - OPTIONAL BASE COURSE ........................................................... .............................17 SECTION 300 -PRIME AND TACK COATS FOR BASE COURSES .................... .............................18 SECTION 330 -HOT BITUMINOUS MIXTURES - QUALITY ASSURANCE GENERAL CONSTRUCTION REQUIREMENTS AND ACCEPTANCE PROCEDURES ......... 18 SECTION 430 - PIPE CULVERTS AND STORM SEWERS ................................... .............................18 SECTION575 - SODDING ....................................................................................... .............................19 - SECTION 700 - HIGHWAY SIGNING .................................................................... .............................20 DIVISIONIII ...................................................................................................... .............................21 MATERIALS...................................................................................................... .............................21 SECTION941 - CONCRETE PIPE .......................................................................... .............................21 J -1 -2 16R� SPECIAL PROVISIONS DIVISION I GENERAL REQUIREMENTS AND COVENANTS SECTION I — DEFINITIONS AND TERMS ARTICLE 1 -3 Advertisement - Delete the definition of this term in its entirety and substitute the following in lieu thereof. "Advertisement. An official Notice to Contractors stating the time and place for submission of sealed proposals on designated projects or proposed work. This notice contains a description of the proposed work, instructions to the bidder regarding proposal forms, proposal guaranty, plans, specifications, and the reservation of the right of the County to reject any or all bids." ARTICLE 1 -3 Change Order - Change the first line and part of the second line of this definition to read as follows: "Change Order. A written order issued by the Engineer to the Contractor covering minor changes in the plans..." ARTICLE 1 -3 Department - delete the definition of this term in its entirety and substitute the following: "Collier County Board of County Commissioners ". ARTICLE 1 -3 Engineer - Delete the first four (4) words of the first sentence and substitute the following in lieu thereof: "The Transportation Administrator, Collier County, Florida, or his designee..." ARTICLE 1 -3 Holidays - Delete the definition of this term in its entirety and substitute the following in lieu thereof: -- "Holidays. Days designated by the Board of County Commissioners, Collier County, Florida" ARTICLE 1 -3 Laboratory - Delete the definition of this term in its entirety and substitute the following in lieu thereof. "Laboratory - The official testing laboratories of Collier County or other such laboratories as may be designated by the Engineer." ARTICLE 1 -3 Secretary - Delete the definition of this term in its entirety and substitute the following in lieu thereof- 1 -3 Chairman. The Chairman, Board of County Commissioners, Collier County, Florida, acting directly or through either the County Manager or the Transportation Administrator." - ARTICLE 1 -3 State - Delete the title and provision of this article in its entirety and substitute the following in lieu thereof: "l -3 County. The Board of County Commissioners, Collier County, Florida, as Owner." J -1 -3 1661 SECTION 2 — PROPOSAL REQUIREMENTS AND CONDITIONS _ ARTICLE 2 -1 THRU 2 -12 Delete Section 2 in its entirety and refer to "Instructions to Bidders ", Parts "B" & "C" of the Agreement. —' SECTION 3 — AWARD AND EXECUTION OF CONTRACT ARTICLE 3 -1 THRU 3 -8 Delete Section 3 in its entirety and refer to "Instructions to Bidders ", Parts "B" & "C" of the Agreement. SECTION 4 — SCOPE OF WORK ARTICLE 4 -1 THRU 4 -6 Delete Section 4 in its entirety and refer to the "Agreement ", Part "D" of the Agreement. SECTION 5 — CONTROL OF THE WORK ARTICLE 5 -1 Delete in its entirety. See Exhibit K ARTICLE 5 -2 Delete in its entirety. See Section 1.3 in Exhibit H. ARTICLE 5 -3 Delete in its entirety. See Section 1.1 and Section 23 in Exhibit H. ARTICLE 5 -4 Delete in its entirety. See Section 1.2 in Exhibit H. ARTICLE 5 -5 Delete the provision of this article in its entirety and substitute the following in lieu thereof.: "The Engineer shall order changes and execute supplemental agreements as he may decide as provided for under the Sections of these specifications. The provisions of this article or elsewhere in this Contract regarding administration by the Owner or action taken pursuant thereto are not intended to and shall not relieve the Contractor of his responsibility for the management of the work either as regards sufficiency or the time of performance." Subarticle 5 -7.6 Delete the provisions of this article in their entirety and substitute the following in lieu thereof "The cost of performing construction surveying and layout work as described herein shall be included in the various work items to which it is incidental. No additional payment shall be made for it. �- Additional construction surveying and layout work necessitated as a result of authorized increases in contract pay quantities shall be included in the affected contract unit prices. No separate payments shall be authorized by the Engineer ". ARTICLE 5 -8 Delete in its entirety. See Section 24 in Exhibit H. ARTICLE 5 -9 Delete in its entirety. See Section 22 & 23 in Exhibit H. ARTICLE 5 -10 Delete in its entirety. See Section 20 in Exhibit H. ARTICLE 5 -11 Delete in its entirety. See Section 20 in Exhibit H. ARTICLE 5 -12 Delete in its entirety. See Section 11 in Exhibit K -- J -1-4 •i ARTICLE 5 -13 Delete in its entirety. See Section 11 in Exhibit H. ARTICLE 5 -14 Section 5 is expanded by the following new Article: "5 -14 AS -BUILT DRAWINGS AND RECORD DRAWINGS. The Contractor shall keep and maintain one (1) Contract copy of all project plans, drawings, specifications, addenda, written amendments, change orders, work directive orders, supplemental agreements, and other written interpretations and clarifications, which shall be annotated by the Contractor to show updated construction deviations as well as design changes authorized by the Engineer during construction. These final plans titled "as- built" record plans shall become the ownership of the County All work under this item shall conform to Florida Statute Chapter 472, and Chapter 61 G -17 -6005 Florida Administrative Code. The cost of preparing, maintaining, and providing "as- built" plans and documents as specified in this article shall be included in the Lump Sum Payment for Maintaining and Providing "As- Built" Plans, Contract Pay Item No. 101 -1- 1. Final payment shall not be authorized by the Engineer until such time as the Contractor submits a complete set of certified "as- built" plans and other documents in satisfactory condition and quantity as specified in this article. SECTION 6 — CONTROL OF MATERIALS ARTICLE 6 -1 Delete this article in its entirety. Subarticle 6 -3.4 Delete this subarticle in its entirety. Subarticle 6 -4.4 Add the following to this subarticle; — "The contractor shall pay for the County's cost of all unacceptable retests which are rejected at the source of supply ". — Subarticle 6 -5.1 Delete the last sentence of this subarticle and add the following paragraph: "Except where otherwise indicated in these specifications, the on -site project field testing of selected materials and laboratory testing of concrete and soil materials required by the Engineer shall be provided by and at the expense of the County and the Contractor shall coordinate and schedule the required testing. Also, the Contractor shall pay for the cost of all unacceptable field and laboratory tests which reveal that the materials failed to meet the requirements of these specifications. The cost of such failing tests and re- testing will be deducted from the amount due the Contractor on the final pay estimate. The cost per test will be the same total cost per test paid by the County. The Contractor shall notify the Engineer twenty-four (24) hours prior to the time of required testing so that the Engineer may arrange to have his representative present." Subarticle 6 -5.6 Subarticle 6 -5.6 is expanded by the following new sub - subarticle: 116 -5.6.1 REVIEW AND ACCEPTANCE OF MATERIALS. The Contractor shall furnish to the Engineer, for review, all Contractor's, subcontractor's and manufacturer's drawings, which shall be deemed to include shop drawings, catalog cuts, brochures, illustrations, erection drawings, material lists and performance data, which may be required by the specifications, requested by the Engineer or otherwise necessary for the proper execution of the work. J -1 -5 16Pi --*'J Unless otherwise provided, not less than two (2) copies, plus those copies necessary for the Contractor's requirements, of all such drawings shall be submitted to the Engineer for -._ review. The Contractor shall submit all such drawings to the Engineer in sufficient time to prevent delays in delivery of materials or in the progress or completion of the work. At the time of each submission, the Contractor shall, in writing, call the Engineer's attention to any intentional or known deviations that the shop drawings may have from the requirements of the contract documents. The data shown on the shop drawings shall be complete with respect to dimensions, specifications section, drawings number, date, design criteria, materials of construction and the like to enable the Engineer to review the information as required. Where called for, the Contractor shall furnish two (2) samples of each material, texture, color, etc., clearly labeled as to name and quality of material, manufacturer and application on the job. No work requiring a shop drawing or sample submission shall be started until each submission has been reviewed by the Engineer. The Engineer's review of shop drawings or samples will not relieve the Contractor from his responsibility for any deviations from the requirements of the Contract Documents unless the Contractor has in writing called the Engineer's attention to such deviations at the time of submission and the Engineer has given written comments on the specific deviation, nor will it relieve the Contractor from errors or omissions in the shop drawings. Shop drawing submittals processed by the Engineer shall not be construed as change orders; the purpose of shop drawing submittals is to demonstrate to the Engineer that the Contractor understands the design concept, and that his understanding is demonstrated by indicating the equipment and material to be furnished and installed. -- Corrections or changes indicated by the Engineer on the shop drawings do not constitute authorization to perform extra work. The review of shop drawings and schedules shall be considered general and shall not be construed as permitting any departure from the Contract requirements. The design drawings and contract specifications shall take precedence over the shop drawings in the event of deviations, discrepancies, or conflicts, regardless of the time of discovery of the deviation, discrepancy, or conflict. One (1) complete set of all review shop drawings and samples shall be kept at the site at all times. During work specified or shown on the shop drawings, the Contractor shall make no deviation from the reviewed drawings, and the changes made thereon by the Engineer, if any. The Contractor shall, upon completion of the work, furnish to the Engineer, two (2) complete sets of prints neatly bound together, and in good condition, of all the contractor's subcontractor's and manufacturer's drawings as finally checked and reviewed by the Engineer with all modifications accepted by the Engineer subsequent thereto, showing the work as actually completed. Subarticle 6 -5.10 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof "6 -5.10 Asphaltic Concrete Mix Designs: The responsibility for costs associated with mix(es) for asphaltic �- concrete shall be borne by the Contractor." J -1 -6 1681 Subarticle 6 -6.2 This subarticle is expanded as follows: "For areas within the project limits approved by the Engineer as sites suitable for storage of materials, the Contractor shall, if deemed necessary by the Engineer, design, furnish, and install "temporary positive barrier systems" in conformance with the guidelines set forth in the U.S. Department of Transportation Warrants for Temporary Positive Barriers in Highway Work Areas, latest edition. The work of designing, furnishing, installing, maintaining and removing such barriers shall be included in the Contractor's price bid for Maintenance of Traffic, Contract Pay Item No. 102 -1. SECTION 7 — LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC Subarticle 7 -1.1 The following paragraph is to be added at the end of this sub - article. "The Contractor's attention is directed to the fact that the noise generated by his construction equipment and/or operations must comply with all applicable Federal, State and local environmental regulations. In the event noise sensitive sites are identified during construction, the County may direct that effective and/or additional abatement measures be utilized. The Contractor shall specifically comply with Collier County Ordinance 77 -4 as amended. No additional or separate payment shall be authorized to comply with the required abatement measures contained in �- this ordinance." Subarticle 7 -1.1 Delete the fourth paragraph in its entirety. Add the following subarticle to Article 7 -2: Subarticle 7 -2.2.1 "7 -2.2.1 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES) PERMIT CONDITIONS: Storm Water Pollution Prevention Plan (PPP): The Owner shall be responsible for developing the PPP in accordance with the terms and conditions of the U.S. Environmental Protection Agency's NPDES General Permits for Storm Water discharges associated with Construction Activities. -- The Contractor, and his subcontractors, shall be responsible for implementing the best management practices and measures identified in the PPP. The Contractor, and any sub- contractor must acknowledge that he understands the terms and conditions of the EPA NPDES General Permit. The Contractor and his subcontractors shall make such certification in the attached form entitled "Contractor's Certification Pollution Prevention Plan (J- 1 -9)." Such certification shall be made part of this contract document. -- In the event there are no permits required to construct the project, or the approved permits do not specifically address erosion and water pollution or they do not contain special conditions relating to erosion and water pollution, the project erosion control plan shall be governed by Subarticles 7 -1.1, 7 -2.2, 7 -8.1, 7 -8.2, and Articles 104 -1 through 104 -10." ARTICLE 7 -5 Delete the provisions of this article in their entirety and substitute the following in lieu thereof: "7 -5 Restoration of Surfaces Opened by Permit. The Owner reserves the right to allow partiesother than the Contractor or its subcontractors, upon presentation of a duly authorized and satisfactory Collier County Rights-of- Way Permit, to make openings in the existing highway within the limits of construction. In all such instances, the Contractor will afford parties bearing such permits reasonable opportunity for the proper execution of the work under Permit including the right to store materials and equipment. All parties authorized to perform work within the — right -of -way shall make, in an acceptable manner, all necessary repairs due to such openings J -1 -7 1681 CONTRACTOR'S CERTIFICATION POLLUTION PREVENTION PLAN Facility Identification Facility Name: _Sunshine Boulevard Intersection Improvements at Golden Gate Parkway Project No._60016 Owner: Collier Count Board of County Commissioners Facility Location: Sunshine Boulevard/47`h Street north/south of Golden Gate Parkway City: Naples County: Collier State: Florida Latitude 26 009' Longitude: 81 043' Section: 22/27 Township: 49S Range: 26E Certification Statement I certify under penalty of law that I understand the terms and conditions of the general National Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water discharge associated with industrial activity from the construction site identified as part of this certification. (The certification must be signed by a responsible corporate officer which means a: 1) president, secretary, treasurer, or vice - president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision - making functions for the corporation or 2) for a partnership or sole proprietorship, by a general partner or the proprietor.) —° For: (Type name of company) LZA (Principal's Signature) (Date) Name: (Print or Type) Title: (Print or Type) Address: Telephone No: J -1 -8 1691 and such work ordered by the Engineer shall be subject to the conditions specified in Collier County Ordinance No. 82 -91." Subarticle 7 -7.2 Expand this Subarticle as follows: "The Contractor's attention is directed to the fact that it will be his responsibility to determine the means of transport of the oversize and/or overweight structural members from the site of casting of fabrication to the project site." Subarticle 7 -7.3 Delete the text and substitute the following: "Where it is necessary to cross an existing County road or street, including specifically the existing and proposed travel lanes within the limits of the project, permits will be granted by the Engineer, upon the request of the Contractor, for such crossing by overloaded or oversize equipment and crossing will be permitted only at designated points. The Engineer will designate the point, or points, at which the crossing shall be made, and may require protection of the pavement at the crossing by use of lumber, planks, asphalt, fill or other materials. The Contractor will be required to provide flagging and watchman service, or approved signal devices, for the protection of traffic at all such crossings, in accordance with an approved maintenance of traffic plan to be submitted by the Contractor for such purpose." Subarticle 7 -7.5 Delete the text and substitute the following: "The Contractor shall, at Contractor's expense, hire a Professional Engineer, registered in the State of Florida, to analyze the effect of imposed loads on structures or underground facilities Resulting from the following operations: - (1) Overloaded Equipment as defined in 7 -7.2 a) operating on or crossing over completed structures, or completed underground facilities. b) operating on or crossing over partially completed structures or partially completed _. underground facilities. (2) Equipment within legal load limits: a) operating on or crossing over partially completed structures or partially completed underground facilities. A completed structure or underground facility (storm, sanitary and water pipe systems; underground utility structures, etc.) is a structure or underground facility in which all elemental components comprising the total load carrying assembly have been completed, assembled and connected in their final position. The components to be considered shall also include any related mediums transferring load to any structure or underground facility such as backfill, embankment, subgrade, base and pavement where any such structure or underground facility is situated - beneath the finished surface. The Professional Engineer shall determine the effect the equipment loads have on the structure and the procedures by which the loaded equipment can be used without exceeding the load capacity for which the structure was designed. The Contractor shall submit to the Engineer for approval two (2) copies of design calculation, layout drawings and erection drawings showing how his equipment is to be used so that the structures will not be over stressed. These requirements as specified under 7 -7.5 shall be prerequisite and mandatory to securing a permit for overloaded equipment as indicated in 7 -7.2 and 7 -7.3." ARTICLE 7 -9 Add the following to this article: "The Contractor must obtain written authorization from the Engineer prior to undertaking any work associated with the use of explosives. All such operations shall be performed in compliance with Collier County Ordinance No. 73- 11 and No. 82 -94, as may be amended. Rock excavation shall be attempted without blasting." J -1 -9 16R1 Subarticle 7 -11.1 The following is added to this subarticle: "Damage to Collier County Water -Sewer District pipelines and structures shall be repaired in accordance to the Collier County Utilities Standards and Procedures Ordinance No. 97 -17 and all amendments thereto. All other property damaged shall be restored to a condition similar or equal to that existing before such damage or injury was done by the Contractor, and at his own expense, or he shall make good such damage or injury in an acceptable manner." Subarticle 7 -12.1 Delete this subarticle in its entirety. See Section 13 in Exhibit H. ARTICLE 7 -13 Delete this article in its entirety. See Section 13 in Exhibit H, and Exhibit B `Insurance Requirements ". ARTICLE 7 -14 Delete this article in its entirety. See Section 25 in Exhibit H. ARTICLE 7 -16 Delete this article in its entirety. ARTICLE 7 -17 Delete the provisions of this article in their entirety and substitute the following in lieu thereof "Supplemental Agreements (inclusive of Change Orders) shall be authorized in accordance with purchasing policies adopted by the Owner." ARTICLE 7 -23 Delete this article in its entirety. SECTION 8 — PROSECUTION AND PROGRESS Subarticle 8 -3.1 Delete this subarticle in its entirety. Subarticle 8 -3.2 Delete the provisions of this subarticle in their entirety. See Section 3 in Exhibit H. Subarticle 8 -3.3 In the ninth line delete the phrase "30 days" and substitute the phrase "90 days" in lieu thereof. Subarticle 8 -3.5 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof "After the award of contract and prior to the issuance of the `Notice to Proceed with Contract Work', a conference will be held to discuss the date for the `Notice to Proceed' and the effective date to be contained therein, to establish procedures for handling shop drawings and other submissions and for processing applications for payment, and to establish a working understanding between the parties as to Contractor's project management responsibilities. Present at the conference will be the Contractor and his Subcontractors, Utility companies and the Engineer. The time and place of this conference will be set by the Engineer. The Contractor shall be represented at the conference by a person authorized to speak on behalf of the Contractor, together with all of the Contractor's supervisory personnel who will be on the project continually; and shall submit all required plans, sketches, data and other -- material at that time as specified in the special provisions and standard specifications. The Contractor shall submit the following minimum information to the Engineer for his review and approval on or prior to the date established for the pre - construction conference: a. Name /qualifications of the Contractor's proposed full -time superintendent. b. Name qualifications of the Contractor's representative for implementing and maintaining the Maintenance of Traffic plan during construction. J -1 -10 •i c. Listing/qualifications of the Contractor's proposed subcontractors. d. Project Schedule. e. Maintenance of Traffic plan. f. Quality control plan per section 330 -2.2 of the standard specifications. g. Type /location of Contractor's proposed field office if part of the Contract. h. Name /qualifications of Contractor's registered land surveyor and/or non - registered Land surveyor. i. Name /qualifications or Contractor's safety officer. Subarticle 8.3.6 Add the following new subarticle to article 8 -3. "8 -3.6 Progress Meetings: The Contractor shall attend regular progress meetings with and between the Owner field representatives and those of the Contractor, subcontractors, utility companies, and other parties having an interest in the Contract. The progress meetings shall be hosted by the Owner and held at locations to be mutually agreed upon by the Owner and the Contractor at two (2) week intervals, unless otherwise required by specific construction conditions. The purpose of such meetings shall include, but not be limited to, discussing all general aspects of the project and specifically addressing problem areas, schedules, progress payments, and other construction related items and issues. The Contractor is further obligated to assign a person to each progress meeting for the express purpose of taking and formally documenting the minutes of the meetings. The Contractor shall submit formal minutes of each progress meeting in typed format to the Engineer for his review and approval no later than seven (7) calendar days after the date on which each meeting was held. The Contractor and the Engineer shall sign the minutes documents prior to distribution to all attendees." _w Subarticle 8 -4.1.1 Add the following new subarticle to article 8 -4.1. "84.1.1 Holiday and weekend work: If work is authorized by the Engineer on holidays and weekends, the Contractor shall notify the Engineer seventy two (72) hours in advance - of the time and date on which the Contractor or any of his subcontractors propose to perform work during such time periods to afford the Engineer ample time to effectively schedule his inspection personnel in accordance with the Contractor's timetable." Subarticle 8 -4.2 Add the following to this subarticle: "Specific requirements pertaining to the sequence of operations for constructing the project and maintaining traffic shall be included in the Contractor's project schedule." Subarticle 8 -4.4 Delete the first paragraph in its entirety and substitute the following in lieu thereof "The Contractor shall schedule his work, dispose of his materials, and operate his equipment in a manner so as to not interfere with or delay the operations of other contractors engaged in work within or adjacent to the limits of construction under this Contract. Also, the Contractor shall, in accordance with the intent and spirit of the plans and specifications, coordinate and join his work to that of other contractors in the proper sequence as may be directed by the Engineer. "Other Contractors" as stated above shall mean the County, utility companies, or other general Contractors authorized by, or having separate agreements, with Collier County or the State of Florida Department of Transportation." Subarticle 8 -6.3 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof- 118-6.3 Permission to Suspend Work. The Contractor is not authorized to suspend or cease construction activities, _ operations, or maintenance of constructed improvements, nor remove equipment or materials necessary for the uninterrupted continuance of the work, unless such suspensions or cessations of work are approved by the Engineer in writing. J -1 -11 1681 When the Prime Contractor's operations encounter or expose any abnormal condition which may indicate the presence of a hazardous waste, toxic waste, or contaminants, such operations shall cease immediately in the vicinity of the abnormal condition and the Engineer shall be notified. The presence of tanks or barrels; discolored earth, metal, wood, ground water, etc.; visible fumes; abnormal odors; excessively hot earth; smoke; or other conditions which appear abnormal may be indicators of hazardous or toxic wastes or contaminants and shall be treated with extraordinary caution. Every effort shall be made by the Contractor to minimize the spread of any contamination into uncontaminated areas. The Contractor will immediately provide for the health and safety of all workers at the job site, as well as making any provisions necessary for the health and safety of the public that may be exposed to any potentially hazardous conditions. Such provisions shall be according to any applicable laws, rules or regulation covering the hazardous conditions and will be in a manner commensurate with the gravity of the conditions. The Contractor will provide access to the area of the potential contamination. Preliminary investigation by the County will determine what course of action will be necessary for the security of the site and what steps are necessary under applicable laws, rules, and regulations for additional assessment and/or remediation work to resolve the contamination issue. The County will, as soon as possible, delineate the area(s) of contamination, any staging or holding area that may be required in conjunction with his work, and, in cooperation with the Contractor and Engineer, develop a work plan that will provide a schedule of the County's operations with projected completion dates for the final resolution of the contamination issue. Upon delineation of the contaminated areas and any staging holding areas associated therewith, the County shall maintain jurisdiction over all activities therein. The Contractor will also be responsible for providing continuous access to these areas for the County and for representatives of any regulatory or enforcement agency having jurisdiction. The aforementioned schedule shall be used by both Contractor and County as a basis for planning the completion of both work efforts. Contract time extensions may be granted by the Engineer to the Contractor according to the provisions of 8- 7.3.2. It will be the responsibility of the Contractor to cooperate with the County to expedite the integration of the County's operations into the construction project. The Contractor will not be expected to engage in routine construction activities such as excavating, grading, or any ® type of soil manipulation, or in any construction processes that may be required to accommodate a construction feature if the handling of contaminated soil, surface water or ground water is involved in the process. All such routine construction activities will be by the County. Adjustments to quantities or to contract unit prices will be made according to any additions or reductions of work on the part of the Contractor in accordance with Article 9 -3 —° and Exhibit "H" of the Agreement. Under no circumstances will the Contractor resume operations in the affected area until so directed by the Engineer." Subarticle 8 -10.1 Delete this subarticle in its entirety SECTION 9 — MEASUREMENT AND PAYMENT ARTICLE 9 -4 Delete the provisions of this article in their entirety. Subarticle 9.6.1 Delete the schedule of this subarticle following the second paragraph and substitute the following: J -1 -12 Percentage of Contract Amount Completed Amount Retained 0% to 50% 10% of value of Contract Amount work completed 50% to 100% 0% of value of work exceeding 50% of Contract Amount Subarticle 9 -6.4 Delete the first paragraph of this subarticle and substitute the following: "When the Engineer has given the Contractor a written Notice of Final Acceptance, and the Contractor has furnished to the County all submittals required by the Contract such as invoices, materials certifications, etc. (excluding Contractor's letter of acceptance of final amount due) and the Engineer has determined that the measurement and computation of pay quantities is correct, the retainage may be reduced to $1,000.00 plus any amount the County elects to deduct for unsatisfied claims for labor or material or for defective work as provided in 9 -6.3." Subarticle 9 -6.5.1 Add the following condition to the second paragraph: "(7) The Engineer will not authorize partial payments for materials stockpiled until such time as the Contractor furnishes the County evidence of legal title for the materials under consideration, free of liens or encumbrances of any kind. In addition to the receipt of certified invoices to document the value of materials received, the Engineer may request a properly executed Affidavit or Release of Lien attesting to the purchase of such materials." Subarticle 9 -6.7 Delete the first three lines of the first paragraph and the first sentence shall read: "The prime Contractor shall certify... for all work completed and materials furnished." Subarticle 9 -7.1 The second paragraph is deleted and the following substituted: "Not later than one month after the date of completion of the project, the Contractor shall furnish to the Engineer a certification of construction materials procured for the project by the prime and all subcontractors. This certification shall consist of a summary showing the quantity, unit of measure and kind of material, name of supplier and inclusive dates of purchase and shall include an affidavit, all to be completed on forms which are to be furnished by the Engineer or copies made therefrom." ARTICLE 9 -9 Delete the provisions of the second paragraph in their entirety. Delete the provision of Paragraphs (f) and (g) in their entirety. -- J -1 -13 1661 ARTICLE 9 -12 Add the following article to Section 9. K9 -12 Final Affidavit and Release of all Claims by Contractor. Upon completion of the work and before the Final Payment is made, the Contractor shall execute an Affidavit and Release of All Claims in favor of the Owner in the manner and on the form as contained in the contract documents." ARTICLE 9 -13 Add the following article to Section 9. "Before Final Payment will be approved, the Contractor shall furnish to the Owner a guarantee in the form as found in the contract documents ". DIVISION II CONSTRUCTION DETAILS SECTION 100 — CONSTRUCTION EOUIPMENT — GENERAL REQUIREMENTS Subarticle 100 -2.1 This subarticle is expanded as follows: The Contractor is hereby responsible to provide, operate, and maintain all equipment (motor vehicles, mechanized equipment, and marine operations) in strict conformance _ with Part 1926: Safety and Health Regulations for Construction of the 29 Code of Federal Regulations (29 CFR) as published by the U.S. Department of Labor, Occupational Safety and Health Administration. SECTION 102 - MAINTENANCE OF TRAFFIC Subarticle 102 -3.2.4 The text is deleted and the following substituted: "The Contractor shall provide trained flaggers to direct traffic where one -way operation in a single lane is in effect and in other situations as required in subarticle 102 -3.1. Training of the flaggers shall be provided by an individual who is certified by the Florida Department of Transportation (FDOT) in an Advanced Maintenance of Traffic Course. FDOT approved training materials shall be used for this training." SECTION 110 - CLEARING AND GRUBBING Subarticle 110 -2.4 Delete the provisions of this article and substitute the following in lieu thereof: "The Contractor shall remove and dispose of all boulders encountered within the limits of construction and which shall not be incorporated into the embankment, as specified under Section 120.: J -1 -14 1661 SECTION 120 — EXCAVATION AND EMBANKMENT. Subarticle 120 -2.2 Delete the provisions of these subarticles in their entirety and substitute the following in lieu thereof- 11120-2.2 Regular Excavation. Regular excavation shall consist of the excavation and the satisfactory on -site utilization or satisfactory off -site disposal of all types of materials, including loose rock and boulders, which are encountered within designated excavation areas shown in the plans as necessary for the construction of the roadway embankment, roadway shoulders, roadway ditches, and other roadway and drainage improvements. The work of regular excavation shall include proper maintenance of excavated areas throughout the term of this Contract. If suitable materials are encountered which are not deemed acceptable by the Engineer for incorporation into the planned improvements, all quantities of such materials shall be disposed of by the Contractor at off -site locations approved by the Engineer; the payment of such work shall be made under contract pay item No. 120 -1, Regular Excavation. If the actual quantity of suitable roadway excavation materials is less than specified in the proposal and plans, appropriate upward adjustments shall be authorized by the Engineer under the work of Embankment, Contract Item No. 120 -6." Subarticle 120 -2.2.1 Borrow Excavation. "Embankment shall consist of the excavation and satisfactory utilization of suitable material from off -site borrow pits provided by the Contractor as authorized by the Engineer. It shall only include quantities of material that are deemed suitable for construction of roadway embankments or of other work constructing embankments specified by the Contract. Appropriate downward or upward adjustments in the bid quantity of Embankment, contract pay item No. 120 -6, shall be authorized by the Engineer if deemed necessary because of changed conditions under the work classes of excavation, subsoil excavation, or lateral ditch excavation." Subarticle 120 -4.2 Add the following new paragraph to this subarticle: "Existing suitable bituminous hot mix and surface treatment pavement materials which are not suitable for Reclaimed Asphalt Pavement may be incorporated into the twelve (12) inch thick subgrade as a stabilizing additive, subject to the provisions of Sections 160 and 914 of the Standard Specifications and approval of the Engineer. Existing pavement materials may also be used in the embankment subject to the provisions of Section 120 of the Standard Specifications." Subarticle 120 -6.2 Delete the first paragraph in its entirety and substitute the following in lieu thereof: "Appropriate embankment materials shall be obtained from off -site areas furnished by the Contractor. As such, it shall be the Contractor's responsibility to secure the necessary laboratory test, rights, permits etc. to ensure compliance with these specifications and local (County) and State laws, rules, ordinances, policies and the like pertaining to borrow pits." Subarticle 120 -8.2.5 Add the following new subarticle. "120- 8.2.5. Placing Inside Standard Minimum Slope: All embankment material obtained from off -site borrow areas to be used for normal embankment construction inside the standard minimum slope (approximately 2 to 1) shall have a limerock bearing ration (LBR) strength of at least thirty-five (35)." J -1 -15 •i Subarticle 120 - 13.3.1 Add the following: "Embankment shall be measured at final position and shall also include all costs of all suitable materials for constructing the embankment." SECTION 125 — EXCAVATION FOR STRUCTURES ARTICLE 125 -1 Add the following after the next to last sentence: "This section also includes the satisfactory removal of rock strata or rock boulders as may be encountered within the necessary excavation limits for bridge foundations, box culverts, pipe culverts, storm sewers, side drains, cross drains, and other similar structures indicated in the plans or listed in the first sentence herein, including the replacement of select fill (compacted) in areas of over - excavation." Subarticle 125 -4.1 This subarticle is expanded by the following: "The Contractor(s) performing trench excavation shall adhere to OSHA trench excavation safety standards and special shoring requirements for trench excavation, if any, of the State or other political subdivisions. Inspections required by OSHA trench excavation safety standards shall be provided by the Contractor." ARTICLE 125 -11 Add the following statement: "The cost of excavating all types of materials (unclassified) including the blasting and removal of rock shall be included in the Contract pay items for structures as contained in the proposal for this project. Subarticle 125 -12.4 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof- "The work of strengthening foundations (as provided in 125 -4.2) shall not be paid for separately, but rather the costs of undertaking such work shall be included in the various Contract items requiring excavation." Subarticle 125 -12.7 Delete this subarticle in its entirety and substitute the following in lieu thereof: "When it cannot reasonably be anticipated from information contained in the plans, that material excavated for the structure will be unsuitable for use as backfill, and such material proves to be unsuitable for this use, the work of disposing of such material away from the site will be paid for by the Contractor as incidental to the structure requiring excavation, and the work of bringing in substitute material for the backfill will be paid for as specified for the particular case shown below: No additional payment will be made for backfill material obtained from surplus material available from the normal excavation or grading operations. When the necessary material is not available from the normal excavation or grading operations and no separate item for Borrow Excavation is included in the contract, any backfill material obtained by increasing the volume of excavation within the roadway right -of -way will be measured and paid for as regular excavation subject to the provisions of 9- 3.2.2. When authorization is given for obtaining the material from outside the right -of -way and from other than designated borrow areas, such excavation will be paid for as incidental to the structure requiring excavation." Subarticle 125 -12.8 Delete this subarticle in its entirety and substitute the following in lieu thereof: J -1 -16 MO 11125 -12.8 Pay Items: No separate payment will be made for excavating and backfilling for structures under this Section. All costs incidental thereto, including pipe bedding materials, shall be included in the contract price bid for the structure or items requiring excavation. SECTION 160 — STABILIZING Subarticle 160 -7.2 Delete all text and schedule immediately following the first schedule and substitute the following in lieu thereof. "The following unsoaked bearing value requirement is based on test performed on sample obtained after mixing operations have been completed. Specified Bearing Unsoaked Bearing Undertolerance Value Value Required LBR 40 LBR 43 5.0 SECTION 200 — LIMEROCK BASE ARTICLE 200 -2 Add the following to this Article. "At the Engineer's request, the Contractor shall furnish sufficient evidence, in a format deemed necessary by the Engineer, that the materials to be used in the construction of all limerock base meets or exceeds the requirements specified in Section 911. The Engineer may require, in addition to quality assurance reports which may be submitted by the Contractor for limerock material derived from the Contractor's source of supply, additional tests from time to time throughout the duration of the project. The Contractor shall furnish all material for such tests." Subarticle 200 -9 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof: "200 -9 Measurements. Thickness of the base shall be measured by the Engineer prior to authorizing the Contractor to begin the prime coat application, and shall be measured at intervals not exceeding 200 feet. Measurements shall -" be taken at any point on the cross section at each interval through holes not less than three (3) inches in diameter. The Contractor shall provide the required labor, materials and equipment necessary to undertake all core borings specified by this article. No separate payment for core borings shall be authorized; rather, the costs for such work _ shall be considered incidental to the contract pay items for limerock base." SECTION 285 — OPTIONAL BASE COURSE Subarticle 285 -6.1 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof: 11285 -6.1 Measurements: Thickness of the base shall be measured by the Engineer prior to authorizing the Contractor to begin the primes coat application, and shall be measured at intervals not exceeding 200 feet. Measurements shall be taken at any point on the cross section at each interval through holes not less than two (2) inches in diameter. The Contractor shall provide the required labor, material, and equipment necessary to undertake all core borings specified by this article. No separate payment for core borings shall be authorized; rather, the costs for such work shall be considered incidental to the contract pay items for optional base course." J -1 -17 •i ARTICLE 285 -7 Delete the provisions of this article in their entirety and substitute the following in lieu thereof: .. 11285 -7 Calculations for Average Thickness of Base. The average thickness of the base shall be determined from borings taken by the Contractor, as specified in 285 -6.1, and shall be calculated from measurements taken by the Engineer as follows: When the measured thickness is greater than the design thickness as shown on the typical sections, in the plans and proposal, it shall be considered as the design thickness. Any areas of base which are left in place (deficient in thickness of more than '/z inch from the design thickness) but for which no payment is to be made, as specified in 285 -6.1, shall not be taken into account in the calculations. Where the material underlying the base is of such character that it is not readily distinguishable from the base material, thus making it impossible to establish the bottom of the base from core borings, the thickness of the base used in the measurement at such locations shall not exceed the specified thickness. The Engineer may at his discretion, at the expense of the County, order additional core borings of base material prior to final acceptance of the project." SECTION 300 — PRIME AND TACK COATS FOR BASE COURSES ARTICLE 300 -9 This subarticle is deleted in its entirety and the following substituted: "Article 300 -9 Basis for payment. The cost of bituminous material, both prime and tack materials, determined as provided in article 300 -8, shall be included in the contract unit prices for the various types of work to which it is incidental. Additional prime and tack materials necessitated as a result of authorized increases in contract pay quantities shall also be included in the affected contract unit priced. No separate payment shall be authorized by the Engineer for either prime or tack coats." SECTION 330 — HOT BITUMINOUS MIXTURES QUALITY ASSURANCE - GENERAL CONSTRUCTION REQUIREMENTS AND ACCEPTANCE PROCEDURES Subarticle 330 -12.2 The text is deleted and the following substituted: "330 -12.2 Longitudinal Joints. Where only a portion of the width of pavement is to be laid and the exposed edge °— opened to traffic, the edge shall not be vertical but sloped or rolled over and sealed. When the adjacent strip is constructed, the Engineer may require the edge of the mixture in place to be trimmed back where it was sloped or rolled over to expose an unsealed or granular vertical face in constructing the longitudinal joint for the adjacent - strip. Where the edge of the strip first laid is not opened to traffic, the edge shall be left joint for the adjacent strip." SECTION 430 — PIPE CULVERTS AND STORM SEWERS Subarticle 430 -4.4 Add the following: "During the grading operations it may be necessary for heavy construction equipment to travel over an installed pipe. Unless adequate protection is provided, the pipe may be subjected to load concentrations in excess of the design loads. Before heavy construction equipment is permitted to cross over a pipe, a J -1 -18 temporary earth fill should be constructed to an elevation at least three feet over the top of the pipe. The fill should be of sufficient width to prevent possible lateral displacement of the pipe." Subarticle 430 -7.1.1 Applies for all pipes including side drains. Subarticle 430 -7.1.2 Delete this subarticle in its entirety. Subarticle 430 -12.1 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof: 11430 -12.1. New Pipe.The quantities of storm sewer pipe, pipe culvert, cross drain pipe, side drain pipe, under drain pipe, and all similar drainage pipe materials specified in the proposal for this project shall be paid for on the basis of final measurements of accepted net lengths of the various types of pipe materials. Moreover the quantities to be paid for under this section for the various pipe types and sizes satisfactorily installed in under this section for the various pipe types and sizes satisfactorily installed in accordance with the plans are subject to amendments authorized by the Engineer; hence, the provisions of 9 -3.2 are applicable. In order that the Engineer may easily field measure the net length of pipe installed by the Contractor, backfilling of pipe trenches shall be coordinated with the Engineer. Where standard lengths of pipe must be field -cut to complete each particular run of a sewer system, the cost of such work shall be considered incidental to the various Contract items for pipe culverts and storm sewers." Subarticle 430 -13.10 The first paragraph of the subarticle is expanded as follows: "Upon completion of the work, and prior to full payment, all new pipe construction and existing pipes and structures that are to remain in use will be inspected by the Engineer to ensure that they are free of all debris and thoroughly cleaned. The cost of such cleaning shall be considered incidental to the various contract items for storm sewer pipes and structures listed in the proposal" SECTION 575 — SODDING ARTICLE 575 -1 Delete the definition of this Article in its entirety and substitute the following in lieu thereof- "575-1 Description. The work specified in the contract calls for establishing a stand of grass, within the areas specified, by the furnishing and placing of grass sod, and rolling, fertilizing, watering, and maintaining the sodded area such as to assure a healthy stand of grass free of noxious plant material. Any plant officially listed as being noxious -or undesirable by any Federal Agency, any agency of the State of Florida or Collier County Government jurisdiction in which the project is being constructed shall not be used. The Contractor shall furnish to the Engineer, prior to incorporation onto the project, a certification from the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, stating that the sodding materials are free of noxious weeds. Any such noxious plant or plant part found to be delivered in the sod will be removed by the Contractor at his or her expense. ARTICLE 575 -2 Delete the definition of this Article in its entirety and substitute the following in lieu thereof: Article 575 -2 Materials. All turf supplied shall be "Nursery Grown" or "Field Grown" for the purposes of — sodding and shall be a "Premium Grade Sod" as specified below. The sod shall be cut, delivered and/or laid in accordance with the following specifications or the most current and accepted Horticultural Industry's Standards and Practices whichever is more restrictive. All sod shall be delivered to the site and be accompanied with a delivery ticket listing quantity, origin, date and time the sod was cut and loaded. Sod shall be delivered at the specified site within a twenty-four (24) J -1 -19 1681 hour period after field cutting and shall be laid within a forty-eight (48) hour period after field cutting. Sod being transported for a time period greater than on (1) hour shall be covered during transport. The Contractor acknowledges that acceptance of any sod at any time of a Grade other than the Premium Grade specified in this Contract shall not establish a lessor standard or relieve the Contractor from providing the Premium Grade sod as specified for the duration of the Contract period. Premium Sod is defined as meeting the following specifications: Soil Suitability: The sod must be grown in soil compatible to that in which it will be installed. Sand grown sod is turf grown on 90% natural sand. Muck grown sod is turf grown on soil containing 50% or greater amounts of organic materials by volume. Healthy and Weed Free: Each sod pad shall be insect and disease free, vigorous and have healthy green color in appearance. The sod shall be freshly mowed prior to cutting, and shall be in a healthy condition when laid. The top growth (grass blades or foliage), shall have no more than ten percent (10 %) chlorosis within the top growth and _ contain no thatch or dead vegetation layer within each pad. Sod shall be 100% free of noxious weeds and 99% free of undesirable broad leaf weeds and grasses, but in no case shall the weeds exceed two percent (2 %) of the total sod pad. Pad Size: The individual sod pads shall be cut to industry standard widths and lengths with a deviation no greater than +/- five percent (5 %). Broken or uneven ended pads will not be accepted. Pad Thickness: The thickness of the cut sod shall be to the industry's standard, but in no case shall the thickness of the soil be less than one inch (1") in depth for St. Augustine and Bahia grasses. Strength of Pad: Standard size pads shall be mature, well rooted and contain a soil layer thick enough to provide a — strength that will support the pad's weight and maintain it's size and shape when the pad is suspended vertically by hand on the upper ten percent (10 %) of the pad section without tearing apart. Moisture Content: The sod soil shall contain enough moisture so that the soil is not excessively dry or wet. In no case will the sod be accepted if the soil layer becomes hardened, loose so as not to hold it's shape, and/or hydrophobic in nature. The materials used in this work shall conform with the requirements of Division III. Specific references are as follows: (1) Sod ....................... ............................... 981 (2) Fertilizer ................. ............................... 982 (3) Water ..................... ............................... 983 The use of dolomitic limestone will be required only when so shown in the plans or specifications. The type of fertilizer to be used and the rate of application shall be as shown in the plans or specifications. When no specific type is called for, Type I Fertilizer shall be used. SECTION 700 — HIGHWAY SIGNING Subarticle 700 -2.5 The text is deleted and the following substituted: "700 -2.5 Sign Background. Background sheeting and white legends, borders, and shields on all signs shall be Type III -A, III -B, or III -C sheeting." ARTICLE 700 -12 The following new article is added. 7 -1 -20 16 01 "700 -12 Existing Signs. The Contractor is advised that all existing ground mounted and overhead signs within the project limits shall remain the ownership of the County. All such signs shall be utilized by the Contractor for maintenance of traffic purposes throughout the period of the Contract, and shall be removed and relocated to new locations within the project limits as deemed necessary and directed by the Engineer. The cost of work specified in this article shall be included in the Contract. At the completion of the contract or at such times as may be specified by the Engineer during execution of the contract, when individual signs are determined by the Engineer as no longer serving a useful function, the Contractor shall remove, clean, protect from damage, and stockpile such signs at selected locations within the _ project limits. The Engineer will deduct sufficient monies from the partial monthly estimates to cover the costs of signs which are indiscriminately damaged or destroyed by the Contractor's operations." DIVISION III MATERIALS SECTION 941— CONCRETE PIPE (FOR CULVERT AND UNDERDRAINS) -- SUBARTICLE 941 -1.1 (Page 876) is deleted and the following substituted: 941 -1.1 General Specifications. Concrete pipe shall meet Class III design requirements as called for in the plans and the specific requirements of this Section. The process of manufacture and the details of the pipe design, including strength of concrete, will comply with the Standard Operating Procedure for the inspection of Precast Drainage Products. -- SUBARTICLE 941 -1.2 (Page 876) is deleted and the following substituted. 941 -1.2 Specific Requirements. 941 -1.2.1 Steel Reinforced Concrete Pipe. Meet ASTM C 76[ASTM C 76M] and the modifications to ASTM C 76 [ASTM C 76M] set forth in 941 -1.3. For Special Designs meet the requirements of ASTM C 655 [ASTM C655]. Pipe designated Class S, will meet the requirements for ASTM C655 [ASTM C655] and the 0.01 inch [0.03 mm] crack and ultimate D — loads given on the Roadway and Traffic Design Standards, -- Index 205. Such pipe shall be properly marked. 941 -1.2.2 Non - Reinforced Concrete Pipe: Meet ASTM C 985 [ASTM C 985M] and the ultimate D — loads given on the Design Standards, Index 205 with the following exception: Modify material requirements set forth in ASTM C 985 [ASTM C 985M] with the material requirements set forth in 941- 1.3(a). Such pipe shall be properly marked. 941 -1.2.3 Fiber Reinforced Concrete Pipe. Meet ASTM C 1450 and the modification to ASTM 1450 set forth in 941 -1.7. Such pipe shall be properly marked. SUBARTICLE 941 -1.5 (Page 877) is deleted and the following substituted: 941 -1.5 Special Requirements for Pipe Joints when Rubber Gaskets are to be Used. SUBARTICLE 941 -1.5.1 (Page 877) is deleted and the following substituted: 941 -1.5.1 General. When rubber gaskets are to be installed in the pipe joint, the gasket shall be the sole element relied onto maintain a tight joint. Test pipe joints at the plant hydrostatically using test methods in ASTM C -433. Soil tight joints must be watertight to 2 psi [13.8 kPa]. Watertight joints must be watertight to 5 psi [34.5 kPa] unless a higher pressure rating is required in the plans. ARTICLE 941 -1 (Pages 876 -878) is expanded by the following new Subarticle: 941 -1.7 Modifications to ASTM C 1450: J -1 -21 • s� Modify the provisions of ASTM C 1450 with the following: Material requirements shall meet requirements set forth in 941- 1.3(a). In addition, fiber reinforced concrete pipe shall be designated Class S, Class I, Class II, Class III and Class IV. The corresponding strength requirements are given in the following table: M' um Lon -Term Service D -Load: mun Pipe Class D Load D Load N /m/mm Lb /ft/ft S 30 600 1 40 800 II 50 1000 III 65 1350 IV 100 2000 The manufacturer shall provide the relationship between short-term crush loads required to achieve 100 -year long- term design loads. In addition, the manufacturer shall provide the relationship between the saturated and dry crush loads. The minimum dry crush load shall not be less than a factor of 2 times the long -term service load. The short term crush load shall be determined as required in Section 10.2 of ASTMC 1450 except the specimen shall be tested by the appropriate section of ASTM C 497, External Load Crushing Strength by the Three -Edge Bearing Test Method. Expand Section 5.1 of ASTM C 1450 with the following: The manufacturer shall state the type of fiber used in the pipe and provide the Department with documented evidence that the fibers employed are compatible with other materials of manufacture. The pipe manufacturer will establish quality control assurance procedures to ensure that the fibers used in the manufacture of the pipe are of consistent composition and quality. The assurance procedures -- will be subject to the approval of the Department. Expand Section 6 of ASTM C 1450 with the following: The manufacturer shall state the minimum wall dimensions of the pipe that complies with the minimum crush loads presented in the table above. In lieu of Section 6.2 of ASTM C 1450 meet the following: The under run in length of a section of pipe shall not be more than 1/8 in/ft [10 mm/m] with a maximum of '/2 inch [12.7mm] in any single pipe. In lieu of Section 6.3 of ASTM C 1450 meet the following: The average inside diameter shall not be less than the nominal size by more that 0.25 inch [6 mm] or 1.5% of the nominal size, whichever is the greater value. In lieu of Section 7.1 of ASTM C 1450 meet the following: All material tested under this Specification shall be tested in the saturated condition after immersion in water at an ambient temperature above 418F [58 C] for a period of 21 to 28 days immediately prior to testing. In lieu of Section 8 of ASTM C 1450 meet the following: Each length of pipe shall be provided with a joint for the purpose of maintaining alignment and to ensure a close joint. Joints shall be of a design and the ends of the pipe sections are laid together they will make a continuous line of pipe with a smooth interior free of appreciable irregularities and compatible with the tolerances in Section 6. J -1 -22 EXHIBIT K 1601 PERMITS TR- CA -K -1 1/26/2004 2:42 PM EXHIBIT L 16P1 PLANS AND SPECIFICATIONS PREPARED BY Transportation Engineering and Construction Management Department and identified as follows: Sunshine Boulevard Intersection Improvements at Golden Gate Parkway as shown on sheets 1 -18. TR- CA -L -1 1/26/2004 2:42 PM 1682 MEMORANDUM Date: April 28, 2004 To: Lyn Wood Purchasing Department From: Ann Jennej ohn, Deputy Clerk Minutes & Records Department Re: Contract #04 -3625 "The 13th Street SW Widening Project" with Douglas N. Higgins, Inc. Enclosed are three original documents, as referenced above (Agenda Item #16B2), approved by the Board of County Commissioners on Tuesday, April 13, 2004. If you should have any questions, you may contact me at ext. 7240. Regards, Enclosures (3) 16B2 C (D ITEM NO.: DATE RECEI , f, }� A! t_T�r' r up, ;;� �a�"i1 r 7 FILE NO.: Q _ PRO — 00V G 23 A , ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICE Date: April 22, 2004 (. To: Scott Teach l Assistant County Attorney s� From: Lyn M. Wood, C.P.M. Purchasing Agent 732 -2667 Re: Contract #04- 3625 "13'h Street SW Widening Project" Contractor: Douglas N. Higgins, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on April 13, 2004; Agenda Item 16.13.2 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions coricerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. 16B2 an /D, DATE ICel FROM Memorandum April 22, 2004 Sheree Mediavilla, Senior Analyst Risk Management Department f Lyn M. Wood, C.P.M. Purchasing Agent RE: Review of Insurance for: Contract #04 -3625 -- "13'' Street SW Widening Project" Contractor: Douglas N. Higgins, Inc. This Contract was approved by the BCC on April 13, 2004; Agenda Item 16.B.2. Please review the Insurance Certificate and Payment and Performance Bonds in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ext. 2667. CC: Daniel Hall, TECM IWAO 13th Street SW Widening Project COLLIER COUNTY BID NO. 04 -3625 COLLIER COUNTY, FLORIDA Design Professional: Wilson Miller, Inc. 3200 Bailey Lane, Suite 200 Naples, FL. 34105 COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 1/30/2004 1:11 PM A. B. C. D. E. TABLE OF CONTENTS PUBLIC NOTICE /LEGAL ADVERTISEMENT (PAGE 1 ONLY) INSTRUCTIONS TO BIDDERS BID PROPOSAL, BID SCHEDULE AND OTHER DOCUMENTS AGREEMENT AGREEMENT EXHIBITS 1682 EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT E1: Work Directive Change EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT G1: Certificate of Final Completion EXHIBIT G2: Warranty EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Plans and Specifications prepared by Wilson Miller, Inc. and identified as follows: 13th Street SW Widening Project as shown on Plan Sheets 1 -59 1/30/2004 1:11 PM 1662 ' 4 PART A - PUBLIC NOTICE/ LEGAL ADVERTISEMENT (PAGE ONE ONLY) INVITATION TO BID COLLIER COUNTY, FLORIDA 13th Street SW Widening Project COUNTY BID NO. 04 -3625 Separate sealed proposals for the construction of 13th Street SW Widening Project, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 9th day of March 2004, at which time all proposals will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non - mandatory pre -bid conference shall be held at the Purchasing Department Conference Room, Purchasing Building "G" at 10:00 A.M. LOCAL TIME on the 26th day of February 2004, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Proposal for Collier County Government, Collier County, Florida, 13th Street SW Widening Project, County Bid No. 04 -3625 and Bid Date of March 5, 2004 ". No bid shall be considered unless it is made on the Bid Schedule which is included in the Bidding Documents. The Bid Proposal (TR -P -1 through TR -P -13) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined at the Purchasing Department, Purchasing Building, Naples, FL. 34112, or Transportation Engineering and Construction Management, 2685 Horseshoe Drive South, Suite 212, Naples, FL. 34104. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, 3301 Tamiami Trail East, Naples, Florida 34112, 239 - 774 -8407, upon payment of $50.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is nonrefundable. The following plan room services have obtained copies of the Bidding Documents for the work contemplated herein: F.W. Dodge Reports 2830 Winkler Avenue Ft. Myers, FL 33916 1/30/2004 1:11 PM TR -PN -1 16B2 ''I Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The successful Bidder shall be required to furnish the necessary Performance and Payment Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Performance and Payment Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Performance and Payment Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. -` In order to perform public work, the successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the work contemplated herein, the County shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the County to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within one hundred eighty (180) calendar days from and after the Commencement Date specified in the Notice to Proceed. The County reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date. Dated this 6th day of February 2004. M 1/30/2004 1:11 PM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Stephen Y. Carnell Purchasing /General Services Director TR -PN -2 1682 4 114, PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean a Division Administrator or Department Director acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and /or monitoring the construction of the project. Any or all duties of the Design Professional referenced under this Agreement may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, the Project Manager may formally assign any of his/her duties specified in this agreement to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages TR- P-1 to TR -P -13 as bound in these Bidding Documents). The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. TR -IB -1 1/30/2004 1:11 PM 1662 ' ` Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in Naples, Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit "). The Bid Deposit shall be retained by Owner as liquidated damages if the successful Bidder fails to execute and deliver to County the Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award said alternates at a later time but no later than 120 days from opening, unless otherwise authorized by the Purchasing Director. 3.2 The Successful Bidder shall execute four (4) copies of the Agreement and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Proposals 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president or a vice president, and a corporate seal must be affixed and attested to by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation must be shown below the signature. TR -1 B -2 1/30/2004 1:11 PM f 1 5.2 Bid proposals by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, its signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Proposals Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the _._ opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. FM I 1/30/2004 1:11 PM 1682 ' i 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non - mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; C. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as TR -1 B-4 1/30/2004 1:11 PM set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, for should conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. - Subsequent to the issuance of a notice to proceed, the Project Manager shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation shall file his protest with the Purchasing Director in writing prior to the time of the bid opening. Award of contract shall be made to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner through its use of subcontractors. The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from bidding by the County, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. When the contract is awarded by Owner, such award shall be evidenced by a Notice of Award, signed by the Project Manager of Owner and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. Award of Contract will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the offices of the Purchasing Director. For Bidders who may wish to receive copies of Bids after the Bid opening, The County reserves the right to recover all costs associated with the printing and distribution of such copies. Section 13. Sales Tax Collier County, Florida as a political subdivision of the State of Florida , is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes. All successful bidders will be provided a copy of Collier County's Certificate of Exemption ( #21 -07- 019995 -53c) upon contract award. Corporations, Individuals and other entities are impacted by Chapter 212, Florida Statutes according to the type of service, sale of commodity or other contractual arrangement to be made with Collier County. By submittal of a properly executed response to a Bid Proposal from Collier County, Florida the Bidder is acknowledging that it is aware of it's statutory responsibilities for sales tax under Chapter 212, Florida Statutes. 1/30/2004 1:11 PM Collier County is also exempt from most Federal excise taxes. By submittal of a properly executed response to a Bid Proposal from Collier County, Florida, the Bidder is acknowledging that it is aware of it's responsibilities for Federal excise taxes. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to this work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the successful bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The successful bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the work contemplated by this contract is performed in a professional and timely manner, all subcontractors shall be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the contract requirements and has the integrity and reliability to assure good faith performance. A subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the contract within the _. time required. Owner reserves the right to disqualify a Bidder who includes subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Contract. Section 16. Prohibition of Gifts 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. 2003 -53, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 1/30/2004 1:11 PM COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT ADMINISTRATIVE SERVICES DIVISION DATE: March 9, 2004 a to 3301 EAST TAMIAMI TRAIL PURCHASING SERVICES BUILDING NAPLES, FLORIDA 34112 (239) 774 -8407 FAX (239) 732 -0844 httpJ /colliergov.net ADDENDUM TO: Interested Bidders FROM: Scott D. Johnson, Purchasing Agent Purchasing Department SUBJECT: Addendum # 3 — Bid #04 -3625 "13th Street Widening" Addendum #3 covers the following change for the above - referenced Bid: Replace: the Contract Proposal (pages TR -P -2 andTR -P -2a) from the original packet with the attached revised Proposal Pages. Bidders must use the Addendum Proposal Page in order to be considered for award. If you require additional information please call Daniel Hall, TECM Department at 239/417 -6077 or me at 239/774 -8995 or by e-mail at scottiohnson colliergov.net. NOTE: Words °+r, throu -have been deleted, words underlined have been added. cc: Daniel Hall, TECM 13th Street SW Improvements Bid Tabulation Worksheet (Base Bid) 6B2 Item No. Description Unit Quantity Unit Price Total Cost 101 -1 Mobilization LS 1.0 102 -1 Maintenance of Traffic LS 1.0 102 -99 Variable Message Sin ED 100.0 104 -10 -1 Hay or Straw, Baled EA 1300.0 104 -11 Turbidity Barrier, Floating LF 198.0 104 -13 -1 Staked Silt Fence LF 1000.0 110 -1 -1 Clearing and Grubbing LS 1.0 110 -7 -1 Mailbox F & I (Single) EA 41.0 120 -1 -1 Roadway Excavation CY 951.0 120 -1 -2 Pond Excavation CY 5899.0 120 -6 Embankment CY 14511.0 162 -310 -1 Finish Soil Layer SY 742.0 285 -709 Base, Optional (Group 9 6" ABC -3 Only) SY 5666.0 331 -2 Asphaltic Concrete, Type S Overbuild 100 lb/s Avg) TN 982.5 331 -72 -10 Asphaltic Concrete, Type S 1" Depth) SY 24016.0 331 -72 -12 Asphaltic Concrete, Type S 1 1/2" Depth) SY 4367.0 400 -1 -11 Concrete, Class I (Retaining Walls CY 15.1 425 -1 -351 Inlet Curb, Type P -5 < 10' EA 1.0 425 -1 -541 Inlet Ditch Bottom Type D EA 3.0 425 -1 -910 Inlet Closed Flume EA 1.0 425 -2 -41 Manhole (Type P -7 < 10' EA 1.0 425 -2 -61 Manhole (Type P -8 < 10' EA 1.0 425 -2 -101 Manhole (Special) < 10' EA 62.0 430 - 171 -123 Pipe Culvert, Optional Material Storm Sewer Round Shape) 15" LF 649.0 430 - 171 -125 Pipe Culvert, Optional Material Storm Sewer Round Shape) 18" LF 2612.0 430 - 171 -129 Pipe Culvert, Optional Material Storm Sewer Round Shape) 24" LF 1 3280.0 430 - 171 -133 Pipe Culvert, Optional Material Storm Sewer Round Shape) 30" LF 73.0 430 - 171 -229 Pipe Culvert, Optional Material Storm Sewer Other - Elli /Arch 24" LF 1280.0 430 - 171 -233 Pipe Culvert, Optional Material Storm Sewer (Other- Elli /Arch 30" LF 1640.0 430 -174 -129 Pipe Culvert, Optional Material Side Drain Round Shape) 24" LF 669.0 430 - 174 -229 Pipe Culvert, Optional Material Side Drain Other - Elli /Arch 24" LF 280.0 430- 174 -233 Pipe Culvert, Optional Material Side Drain Other - Elli /Arch 30" LF 280.0 430 - 984 -129 Mitered End Section Side Drain (Optional Round 24" EA 3.0 430 - 984 -629 Mitered End Section Side Drain (Optional Other - Elli /Arch 24" EA 3.0 430- 984 -633 Mitered End Section Side Drain (Optional Other- Elli /Arch 30" EA 2.D 515 -1 -2 Pie Handrail Aluminum LF 48.0 520 -1 -10 1 Curb and Gutter, Concrete (Type F LF 148.0 520 -2 -1 Curb and Gutter, Concrete (Type A LF 3629.0 522 -2 Sidewalk, Concrete 6" Thick Includes Driveways) SY 6419.0 570 -5 Fertilizer TN 0.9 570 -9 Water for Grassing MG 132.0 575 -1 -1 Sodding Bahia SY 21112.0 575 -1 -4 Sodding St. Augustine) SY 1000.0 580 -173 Bed Preparation and Mulching SY 6720.0 580 -326 Mulch, Eucalyptus 4" Depth) CY 82.0 582 -2 Shrubs Three Gallon EA 1596.0 584 -4 Palms, Single Trunk Field Grown, 12' Height of Clear Trunk EA 42.0 700 -40 -1 Sign, Sin Ie Post < 12 SF AS 29.0 TR -P -2 �rffll . Price Data from FDOT Item Average Unit Cost (2001101101 to 2003/11/30) Add Alternate: (Replaces base bid item 522 -2) 285 -701 Base, Optional (Group 1) SY 522 -1 Sidewalk, Concrete (4" Thick) SY 522 -2 Sidewalk, Concrete (6" Thick) SY Add Alternate Total Total Project Cost Plus Add Alternates TR -P -2a Project Total: 5450.0 $ 5272.0 $ 1147.0 $ 70046 -21 Sign, Existing Relocate (Single Post AS 12.0 706 -3 Retro - Reflective Pavement Markers EA 442.0 711 -35 -241 Traffic Stripe, Solid (Thermoplastic) White 24" LF 15.0 711 -37 -61 Traffic Stripe, Solid (Thermoplastic) White 6" NM 1 3.722 1711-38-61 Traffic Stripe, Solid (Thermoplastic) (Yellow) (6 ") 1 NM 1 3.722 Price Data from FDOT Item Average Unit Cost (2001101101 to 2003/11/30) Add Alternate: (Replaces base bid item 522 -2) 285 -701 Base, Optional (Group 1) SY 522 -1 Sidewalk, Concrete (4" Thick) SY 522 -2 Sidewalk, Concrete (6" Thick) SY Add Alternate Total Total Project Cost Plus Add Alternates TR -P -2a Project Total: 5450.0 $ 5272.0 $ 1147.0 $ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING SERVICES BUILDING NAPLES, FLORIDA 34112 _ (239) 774 -8407 FAX (239) 732 -0844 http://colliergov.net -' ADDENDUM DATE: March 5, 2004 TO: Interested Bidders FROM: Scott D. Johnson, Purchasing Agent Purchasing Department 4 SUBJECT: Addendum # 2 — Bid #04 -3625 "13th Street Widening" Addendum #2 covers the following change for the above - referenced Bid: The following are clarification from the pre -bid meeting February 26, 2004 Item #1. There is a South Florida Water Management District Permit for this project. The Permit is described as a modification to permit number 11- 01770 -P. The General Conditions and Special Conditions of said permit modification are attached and made part of this addendum. There will also be a Notice of Intent submitted for NPDES - General Permit coverage for storm water discharges from construction sites. Item #2. The expected start date of construction is anticipated to be late April. Item #3. Silt fence has been added to the attached revised bid tabulation sheet for use as a contingency item at the direction of the engineer. The bid item is: 104 -13 -1 Staked Silt Fence 1,000 LF Item #4. Cross sections are shown in the plans at drainage structure locations only. Other areas are covered by typical section. has been provided for earthwork. Access to the ro osedl 6 Item #5. No bid alternate p P P 2 water management pond shall be from Golden Gate Blvd. Impact to the Fire Station operations shall be minimized as much as possible. Additionally, the bid tabulation sheet has been revised to provide separate bid items for roadway excavation and pond excavation. The item numbers are: 120 -1 -1 Roadway Excavation 951 CY 120 -1 -2 Pond Excavation 5,899 CY Item #6. The following design change is hereby implemented by this addendum: Drainage structures shown on the plans numbered S -1 through S -34, and S -38 through S -65 shall be constructed as 4'x 6' manholes with a 3' -6" slot to accept back of sidewalk drainage in the same manner and elevation shown on the plans. Bid item quantities for the ditch bottom inlets have also been revised accordingly. Slab reinforcing and manhole details are attached and made part of this addendum. Item to be added: 425 -2 -101 Manhole (Special) 62 EA Item #7. Handrail is not needed along sidewalk as the design meets drop -off criteria per FDOT standards. Item #8. The sod quantity has been revised to include areas along the west side of the roadway and the berm area for the dry detention pond. The updated bid quantity has been provided on the revised bid tabulation form provided with this addendum. Sod shall be bahia grass unless otherwise directed by the engineer to match other types of sod. A contingency item for St. Augustine has been added and included on the revised bid tabulation sheet. Adjusted Item Nos.: 575 -1 -1 Sodding (Bahia) 21,112 SY 575 -1 -4 Sodding (St. Augustine) 1,000 SY Item #9. Clearing and Grubbing shall be bid and paid for as one lump sum item. All references to an acreage quantity in the plans should be ignored. Item #10. Maintenance of Traffic shall be bid and paid for as one lump sum item. Bid Item 102 -1 shall include but not be limited to providing labor and materials for work zone signs, barricades, flaggers, temporary markings, and temporary pavement. All references to per day quantities on the plans should be ignored. Item #11. Bid item 580 -173, Bed Preparation and Mulching, has been added to the revised bid form. Item #12. Bid item 162 - 310 -1, Finish Soil Layer, is included for landscaping inside the curbed chicanes. The soil material shall meet the requirements of Section 162 of the contract specifications. Item #13. Excavation for the area under the curb pad shall be included in the unit price for Curb & Gutter, LF. At the contractor's option, the curb pad may be constructed with 6 " of Class I concrete in lieu of 6" ABC -3 as called for in the plans. Item #14. Note No. 4 on Sheet No. 59 of the plans should read as follows, "Lane closures shall not exceed % mile unless approved by the engineer." Additionally, the 6B2 — contractor shall submit a Traffic Control Plan prepared by a professional engineer or an FDOT Advanced MOT certified individual that specifically demonstrates how the contractor proposes to maintain traffic through the chicane areas during all phases of construction. All labor and materials shall include but not be limited to providing work zone signs, barricades, temporary markings, and temporary pavement shall be included in bid item 102 -1. A rolling operation will not be allowed for paving operations. A Value Engineering Contract Proposal (VECP) is not considered applicable and will not be considered for this project. Item #15. A bid item has been provided for the replacement of all existing mailboxe per Index No. 532 of the FDOT Design Standards. A county representative will be assigned to contact each property owner and notify them of their option to relocate their existing mailbox or install another type mailbox at their own expense. Item #16. All salvaged pipe shown in the plans is reinforced concrete pipe. Item #17. Trees located within the existing right -of -way may be removed if they interfere with construction. Trees located outside of the existing right -of -way cannot be removed — without written permission from the property owner. Item #18. There is no irrigation proposed for the landscaping. Existing irrigation found within the right -of -way shall be preserved to the extent possible. If preservation is not possible, the Contractor will provide notification to the owner, and the contractor shall cap the existing system as appropriate. By virtue of this addendum, the contractor's responsibility for proper maintenance, — survival and condition of all landscape items, as discussed in Section 580 -11 of the specifications, will be 90 days after final acceptance. Item #19. No provision for rock and /or replacement of lost soil quantity is provided for beyond the provisions contained in Section 120 of the Specifications. Item #20. Flow lines shown for existing pipe have been verified. However, the contractor shall verify those flow lines he considers critical to the fabrication of pre -cast drainage structures. Item #21. Profile grades shown for the proposed back of sidewalk swale are intended to establish a positive flow gradient from adjacent properties to the slotted manhole inlets. Item #22. The existing utility easement south of the EMS property can not be utilized for construction of the proposed outfall and should be considered private property. General Note No. 6 on Sheet 9 of the plans is amended to add the following: "Restoration shall be considered incidental to the cost of installing the 24" outfall pipe." Item #23. A revised sketch for the chicane advance warning signs is attached to this addendum. Replace: the Contract Proposal (page TR -P -2) from the original packet wittIt' attached revised Proposal Page. Bidders must use the Adde u B2 Proposal Page in order to be considered for award. Attachments include: Wilson Miller Manhole drawings, Chicane Warning Sign and General & Special Conditions as referenced above. If you require additional information please call Daniel Hall, TECM Department at 239/417 -6077 or me at 239/774 -8995 or by e-mail at scottiohnson _collieraov.net. NOTE: Words S+rUek thM gb have been deleted, words underlined have been added. cc: Daniel Hall, TECM 13th Street SW Improvements Bid Tabulation Worksheet (Base Bid) lose, Item No. Description Unit Quantity Unit Price Total o 101 -1 Mobilization LS 1.0 102 -1 Maintenance of Traffic LS 1.0 102 -99 Variable Message Sin ED 100.0 104 -10 -1 Hay or Straw, Baled EA 1300.0 104 -11 Turbidity Barrier, Floating LF 198.0 104 -13-1 Staked Silt Fence LF 1000.0 110 -1 -1 Clearing and Grubbing LS 1.0 110 -7 -1 Mailbox F & I (Single) EA 41.0 120 -1 -1 Roadway Excavation CY 951.0 120 -1 -2 Pond Excavation CY 5899.0 120 -6 Embankment CY 14511.0 162 -310 -1 Finish Soil Layer SY 742.0 285 -709 Base, Optional (Group 9 6" ABC -3 Only) SY 5666.0 331 -2 Asphaltic Concrete, Type S Overbuild 0 00 lb/s Avg) TN 982.5 331 -72 -10 Asphaltic Concrete, Type S 1" Depth) SY 24016.0 331 -72 -12 Asphaltic Concrete, Type S 1 1/2" Depth) SY 4367.0 400 -1 -11 Concrete, Class I (Retaining Walls CY 15.1 425 -1 -351 inlet Curb, Type P -5 < 10' EA 1.0 425 -1 -541 Inlet Ditch Bottom Type D EA 10 425 -1 -910 Inlet Closed Flume EA 1.0 425 -2-41 Manhole (Type P -7 < 10' EA 1.0 425 -2 -61 Manhole (Type P -8 < 10' EA 1.0 425 -2 -101 Manhole (Special) < 10' EA 62.0 430 - 171 -123 Pipe Culvert, O tional Material Storm Sewer Round Shape) 15" LF 649.0 430 - 171 -125 Pipe Culvert, Optional Material Storm Sewer Round Shape) 18" LF 2612.0 430 -171 -129 Pipe Culvert, Optional Material Storm Sewer Round Shape) 24" LF 3280.0 430 - 171 -133 Pipe Culvert, Optional Material Storm Sewer Round Shape) 30" LF 73.0 430 - 171 -229 Pipe Culvert, Optional Material Storm Sewer Other - Elli /Arch 24" LF 1280.0 430 - 171 -233 Pipe Culvert, Optional Material Storm Sewer Other - Elli /Arch 30" LF 1640.0 430 - 174 -129 Pipe Culvert, Optional Material Side Drain Round Shape) 24" LF 669.0 430 - 174 -229 Pipe Culvert, O tional Material Side Drain Other- Elli /Arch 24" LF 280.0 430 - 174 -233 Pipe Culvert, Optional Material Side Drain Other- Elli /Arch 30" LF 280.0 430 - 984 -129 Mitered End Section Side Drain (Optional Round 24" EA 3.0 430 - 964 -629 Mitered End Section Side Drain (Optional Other - Elli /Arch 24" EA 3.0 430 - 984 -633 Mitered End Section Side Drain (Optional Other - Elli /Arch 30" EA 2.0 515 -1 -2 Pipe Handrail (Aluminum) LF 48.0 520 -1 -10 Curb and Gutter, Concrete (Type F LF 148.0 520 -2 -1 Curb and Gutter, Concrete (Type A LF 3629.0 522 -2 Sidewalk, Concrete 6" Thick Includes Driveways) SY 6419.0 570 -5 Fertilizer TN 0.9 570 -9 Water for Grassing MG 132.0 575 -1 -1 Sodding Bahia SY 21112.0 575 -14 Sodding St. Augustine) SY 1000.0 580 -173 Bed Preparation and Mulching SY 6720.0 580 -326 Mulch, Eucalyptus 4" Depth) CY 82.0 582 -2 Shrubs Three Gallon EA 1596.0 584-4 Palms, Single Trunk Field Grown, 12' Height of Clear Trunk EA 42.0 70040 -1 Sign, Single Post < 12 SF AS 29.0 700 -46 -21 Sign, Existing Relocate (Single Post AS 12.0 706 -3 Retro-Reflective Pavement Markers EA 442.0 711 -35 -241 Traffic Stripe, Solid (Thermoplastic) White 24" LF 15.0 711 -37-61 Traffic Stripe, Solid (Thermoplastic) White 6" NM 3.722 711 -38 -61 Traffic Stripe, Solid (Thermoplastic) (Yellow) (6 ") NM 3.722 TR -P -2 Project Total: erae. wiimwr�m`r; ine`c. - c «rrr`irai: er rmrle„ �� WilsonMiller 3200 BL, Lane. Sui. 200 Naples, Fpn'da 31105 a V A t5 3 Q Q D INLET LOCATION SECTION SCALE: I' - I0'-0• 6' -0 2 -s6 BARS —� -RiW LINE PECIAL MANHOLE BOTTOM WIS40T) X 7') 1682 , Wa , P. Nw-H. P.E. W IaOBP 2-s6 BARS —� 5' 906' 2- 06 BARS r L+ B REINFORCING STEEL DIAGRAM WilsonMiller (SEECINDEXANL& (201 FOR OADDITIONAL ( rDETAILS) 3200 Bailey Lane Suite 200 Naples 41= 34105 SCALE: I' s P-0' A 1 0 N TYPE III MANHOLE TOP 2 -#6 BARS 9 x - 3 O 2 -46 BARS o 0 az fhjt — j I 2-s6 BARS —� 5' 906' 2- 06 BARS r L+ B REINFORCING STEEL DIAGRAM WilsonMiller (SEECINDEXANL& (201 FOR OADDITIONAL ( rDETAILS) 3200 Bailey Lane Suite 200 Naples 41= 34105 SCALE: I' s P-0' A 1 q �d8 m 6B2 am O a O O a ` • • m yN O • m � O T O 4 yN m � ~g2 V I N O c�s�� o ran • z � T k 2 2 ' = � e ------------- a � N O a p1 . a o O N O yi 3 gxT yi i i 9 a�a M1 q �d8 m O a O O a ` • • m yN O • m � O T O 4 yN m � ~g2 V I c�s�� o ran • z � T k 2 ' = � e a • N O a p1 . a O R �d8 m O ` • • m yN O O 4 V I z � T 2 a o� . a yi i 9 g2 3 ll' M�"iM x A p 3' -0' WIDE SLAT 4 • N ' N U � + v m Y O O OI O ` • • m yN O O 4 1682 30" x 30" LANE SHIFT 24" x 24" AHEAD CHICANE ADVANCE WARNING SIGN SIGNS SHALL BE YELLOW BACKGROUND WITH BLACK LEGEND EOR: WHsonMik/er, Inc. FI Llc.'" LC-0000170 WtlsonMiller. Inc. Certificate of Authorization 043 W 3200 Bailey Lane, Suite 200 Naples, Florida 34105 Wayne P. Hortt, P.E. No. 48062 Application 1 .6.62 Page 2 of 5 GENERAL CONDITIONS .— 1. All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E- 4.091, F.A.C. unless a project- specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. 5. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the supplied Environmental Resource Permit Construction Completion /Certification Form Number 0881. The statement of completion and certification shall be based on onsite observation of construction or review of as -built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation from the approved drawings is discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "As- built" or "Record" drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall initiate transfer of the permit to the 6B2Application 1 . 030730 -6 Page 3 of 5 GENERAL CONDITIONS approved responsible operating entity if different from the permittee. Until the permit is transferred pursuant to Section 40E- 1.6107, F.A.C., the permittee shall be liable for compliance with the terms of the permit. 8. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State, county or municipal entities. Final operation and maintenance documents must be received by the District when maintenance and operation' of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40E -4 or Chapter 40E -40, F.A.C.. 12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form. of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state -owned lands. 13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E- 20.302(3), F.A.C., also known as the "No Notice" Rule. 14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E- 1.6105 and 6B PP A lication No. 0 30 -6 Page 4 of 5 GENERAL CONDITIONS 40E- 1.6107, F.A.C.. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate District service center. 19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. Application No. 030730 -6 Page 5 of 5 SPECIAL CONDITION) 1. The construction phase of this permit shall expire on November 6, 2008. 2. Operation of the surface water management system shall be the responsibility of COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS. Within one year of permit issuance or concurrent with the engineering certification of construction completion, whichever comes first, the permittee shall submit a copy of the recorded deed restrictions (or declaration of condominium, if applicable), a copy of the filed articles of incorporation, and a copy of the certificate of incorporation for the association. 3. Discharge Facilities: Control Structure S -70 1 -3" circular orifice bleeder with invert at elevation 10.29' NGVD. 1 -2.5' wide weir with invert at elevation 11.72' NGVD. 4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. 5. Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do not occur in the receiving water. 6. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. 7. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 8. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 9. The permittee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments /debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. 10. This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the completed surface water management system occur, the District will require the permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surface water management system, if necessary, to eliminate the cause of the adverse impacts. 11. Minimum road crown elevation: 12.7' NGVD. 12. All special conditions and exhibits previously stipulated by permit number, 11- 01770 -P remain in effect -° unless otherwise revised and shall apply to this modification. 13. Plan sheets 2 through 42, signed, sealed and dated by Wayne P. Hartt, P.E. on July 25, 2003 are incorporated by reference into this Environmental Resource Permit modification and will be retained in this permit file. COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT ADMINISTRATIVE SERVICES DIVISION H PAO 3301 EAST TAMIAMI TRAIL PURCHASING SERVICES BUILDING NAPLES, FLORIDA 34112 (239) 774 -8407 FAX (239) 732 -0844 http://colliergov.net ADDENDUM DATE: March 4, 2004 TO: Interested Bidders FROM: Scott D. Johnson, Purchasing Agent SUBJECT: Addendum # 1 — Bid #04 -3625 "13th Street Widening Project" Addendum #1 covers the following change for the above - referenced Bid: Change: Bid Opening date: March 16, 2004 at 2:30 p.m. Addendum 2 will be forthcoming. If you require additional information please call Daniel Hall, TECM Department at 239/774 -7192 or me at 239/774 -8995 or by e-mail at scottiohnson colliergov.net. NOTE: Words struck thFOu h- -have been deleted, words underlined have been added. cc: Daniel Hall, TECM Full Name of Bidder Main Business Address Place of Business Telephone No. BID PROPOSAL BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 13th Street SW Widening Project BID NO. 04 -3623 Douglas N. Higgins, Inc. 2887 Tamiami Trail East Suite 1, Naples, Florida 34112 Naples, Florida 239 - 774 -3130 Fax No. 239- 774 -4266 State Contractor's License # CGC060189 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Proposal as principals are those named herein, that this Proposal is made without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed work, the proposed forms of Agreement and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Bidder proposes, and agrees if this Proposal is accepted, Bidder will contract with the Owner in the form of the copy of the Agreement included in these Contract Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation - services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your proposal pages. TR -P -1 1/30/2004 1:11 PM Contractor's Addendum Number Date Issued Initials _ -s I Zoo Zoe y Bidder proposes, and agrees if this Proposal is accepted, Bidder will contract with the Owner in the form of the copy of the Agreement included in these Contract Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation - services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your proposal pages. TR -P -1 1/30/2004 1:11 PM - filar -09 -04 12:21 From — Collier County Purchasing 941 732 0844 T -828 P.002/003 F Bid Tabulation Worksheet (sale Bid) ��-- ��6---++++++ Item No. Dascri tlon Unit --ter Quantlty Unit Price Total Cost 101 -1 Mobilizalion LS 1.0 55 O U C WSJ 0 102.1 Maintenance of Trafflc LS 0 1.0 % 7 O c, o, `'° /'Z'00 a 102 -99 varlable Mersa a Sign ED 100.0 "' '` -' 104 -10.1 1 Hay or Straw. Baled EA G 1300.0 ' ` 00, � o 104 -11 Turbidity Barrier Floating LF 19810 9 C, ° / 7 9 2, 104 -13 -1 Slaked Silt Fence LF 1000,0 ° ° '0 110 -1 -1 Clearing and Grubbin LS C 1.0 UC C '` p C, 0. '- 110.7 -1 1 Mailbox F & I Sln le EA 41.0 c0, '� -1 120 -1 -1 RoadwaV Excavation CY 951.0 ` �u 120 -1 -2 Pond Excavation CY 5899.0 0" o c 120-6 Embankment CY 14517.0 o: 182 -310 -1 Finish Soh La er SY 742.0 265 -709 Base, Optional (Group 8 6" ABC -3 Only) $Y 588810 r Ov 331 -2 Asphaltic Concrete TyDe S Overbulld 100 jb/sy Ave,) TN 962 5 0 io r-, co 331 -72 -10 Asphaltic Concrete Type S 1" Da th SY 24016.0 ,S, 331 -72 -12 Asphaltic Concrete Type S 1 1/2" Depth) SY 4367.0 c 202, 00 400 -1 -11 Concrete, Class I (Retaining Wally CY 15.1 Cpl, '�' y�i: `v 425 -1 -351 Inlet Curb T e P -5 c 10' EA 1.0 5o o, 'U 00 „' 425 -1 -541 Inlet Ditch Bottom T e D EA 3.0 OC. 000 7 425.1 -910 Inlet Closed Flume 1 0 vC ,�, p 425 -2-41 Manhole P -7 < 10 EA 1 0 " ✓ JC k,0 �-CO o 425-2-61 Manhole a P -8 a 10' EA 1,0 -c loci ' O 425 -2 -101 Manhole S ciat c 10' EA 62.0 0 u "7/2200.0 430- 171 -123 Pipe Culvert, Optional Material Storm Sewer Round Sha a 15" LF 649.0 6 Y'c vo 430- 171 -125 Pipe Culvert Optional Material Storm Sewer Round Shape) 1 B^ LF 26121) vc 0� pn A-/dP-" 0/,1, 3 Var -09 -04 12:21 From—Collier County Purchasing 941 732 0844 T -628 P.-8; 00 03 6k AS 12.0 OC L'= 706 -3 Retro- Reflective Pavement Markers EA 442.0 $' / Q, 711- 35-241 Traffic Stripe. Solid Thermo lastic (Mite) 2v, LF 15.0 as p, 711 -37 -61 lTraffio Stripe. Solid (Thermoplastic) " "Ito) Er NM 3.722 Z a C. Q 1711-38-61 Traffic stripe, Solid (Thermoplastic) eflow 6,' NM 3.722 "` $ 6�, U Project Total: / 96q 56 3, vv Price Data from FDOT Item Average Unit Cost (2001101/01 to 2003111/30) Add Alternate= (Replaces base bid Item 522 -2) 295 -701 Base, Optional (Group 1) Sy 416, " 5450.0 $ % 20C, °G 522 -1 Sidewalk, Concrete (4' Thick) Sy p3 `% 5272.0 522.2 Sidewalk, Concrete (6" Thick) SY 1147.0 s 5G�{� ". Add Alternate Total $�% , o C Total Project Cost Plus Add Alternates $ / 90 / o c TR -P -2a 700 -46.21 S S n Existing Relocate (Single Post 0 Project Total: / 96q 56 3, vv Price Data from FDOT Item Average Unit Cost (2001101/01 to 2003111/30) Add Alternate= (Replaces base bid Item 522 -2) 295 -701 Base, Optional (Group 1) Sy 416, " 5450.0 $ % 20C, °G 522 -1 Sidewalk, Concrete (4' Thick) Sy p3 `% 5272.0 522.2 Sidewalk, Concrete (6" Thick) SY 1147.0 s 5G�{� ". Add Alternate Total $�% , o C Total Project Cost Plus Add Alternates $ / 90 / o c TR -P -2a 16B2 MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change.will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON - RESPONSIVE. MATERIAL MANUFACTURER 1. RCP Hanson Pipe 2. 3. 4. 5. 6. Dated March 9, 2004 y_ 1/30/2004 1:11 PM DOUGLAS N. HIGGINS, INC. Bidder BY: Kelly A. Qilkie, Vice President TR -P -3 1682, LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed subcontractors on this Project and the class of work to be performed by each, and that such list will not be added to nor altered without written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the subcontractors listed herein are "qualified" (as defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by this Agreement, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The County reserves the right to disqualify any bidder who includes non - compliant or non - qualified subcontractors in his /her bid offer. Further, the County may direct the bidder /contractor to remove /replace any subcontractor that is found to be non - compliant with this requirement subsequent to award of the contract at no additional cost to the County. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON - RESPONSIVE. (Attach additional sheets as needed). 1. 2. 3. 4. 5. 6. Subcontractor and Address Florida Contractor's Video Tampa, Florida Avirom- Tolton Naples, Florida APAC of Florida Naples, Florida Dated March 9, 2004 -__ 1/30/2004 1:11 PM Class of Work to be Performed Construction Video Survey Asphalt DOUGLAS N. HIGGINS, INC. "Ire rrT1 BY: i Kelly A. ilkie, Vice President TR -P-4 16 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the contract. Project and Location Reference 2 3 4 5 6 7 - - Dated March 9, 2004 __ 1/30/2004 1:11 PM DOUGLAS N. HIGGINS, INC. ,/ Bidder BY: A j.,w Li . Kelly AUNilkie, Vice President TR -P -5 - DOUGLAS N. HIGGINS, INC. EXPERIENCE STATEMENT FLORIDA PROJECTS Project: Robert Gabriel Apartments — Site "A ", Site `B" and Site "C" The Housing Authority of the City of Key West DNH Project 4777 -02 Owner: The Housing Authority of the City of Key West Contract Amount: $270,500.00 Completion Date: November 2002 -_ Project: Naval Air Station — Replace Sewer — Trumbo Point — NAF, Key West Contract N62467 -01 -X -0387 DNH Project #880 -01 Owner: U.S. Department of the Navy P.O. Box 9018 NAF, Key West, FL 33040 Jeannette Sweeting, Supervisor Contract Specialist (305) 293 -2841 Contract Amount: $1,859,155.00 Completion Date: November 2002 Project: Sanibel Sewer System Expansion Project Phase 2B DNH Project #1200 -01 Owner: City of Sanibel Utilities Department 800 Dunlop Road Sanibel, FL 33957 Engineer: City of Sanibel Utilities Department 800 Dunlop Road Sanibel, FL 33957 Contract Amount: $4,572,036.97 Completion Date: October 2002 Project: Sanitary Sewer Rehabilitation for Service District F & G 1682 DNH Pro J ect #1125 -00 Owner: City of Key West 525 Angela Street Key West, FL 33040 David Fernandez (305) 292 -5600 Engineer: CH2M Hill _ 3011 S.W. Williston Road Gainesville, FL 32608 -3928 Joe Castronovo (352) 335 -7991 Contract Date: July 7, 2000 Contract Amount: $6,994,597.15 Project Description: Installed approximately, 23,550 L.F. of 8 ", 1,870 L.F. of 10 ", 1,625 L.F. of 12 ", 2,325 L.F. of 15" and 45 L.F. of 20" of sanitary sewer and related appurtenances. Completion Date October 2002 Project: Naval Air Station — Lift Station Transmitter System- Sigsbee Park — NAS, Key West Contract N62467 -0I -C -2766 - DNH Project #880 -01 Owner: U.S. Department of the Navy P.O. Box 9018 NAF, Key West, FL 33040 Jeannette Sweeting, Supervisor Contract Specialist (305) 293 -2841 Contract Amount: $529,514.50 _ Completion Date: September 2002 Project: Interior Electric Renovation at East Martello Tower Monroe County, FL DNH Project #840 -02 Owner: Monroe County, Florida ~ Contract Date: August 21, 2002 Contract Amount: $69,000.00 Completion Date: September 2002 Project: Naval Air Station — Replace Sewer — Truman Annex — NAS, Key West Contract N62467 -01 -X -0370 1682 DNH Project #825 -01 Owner: U.S. Department of the Navy General Contractor: P.O. Box 9018 �. NAF, Key West, FL 33040 Contract Amount: Jeannette Sweeting, Supervisor Contract Specialist Contract Amount: (305) 293 -2841 Contract Amount: $1,276,321.00 Completion Date: August 2002 Project: Limestone Creek Phase II -A Project: Irrigation Upgrades for Naples Memorial Gardens DNH Project #810 -02 Owner: Naples Memorial Gardens Engineer: Conestoga- Rovers & Associates Contract Date: March 11, 2002 Contract Amount: $167,326.75 Completion Date: August 2002 Project: Construction of S.R. 45 (US41) from Gulf Dr. to Immokalee Road (CR846) and from Immokalee Road to CR887. Naples, Florida DNH Project #975 -00 Owner: Florida Department of Transportation General Contractor: APAC - Florida, Inc. �. 14299 Alico Road Contract Amount: Fort Myers, FL 33913 Contract Amount: $1,604,968.50 Completion Date: May 2002 Project: Limestone Creek Phase II -A Palm Beach County, Florida DNH Project #980 -01 Owner: Palm Beach County, Florida Engineering Services Division Office 160 Australian Avenue, Suite #503 West Palm Beach, FL 33406 Charles Rich, P.E. Contract Date: April 17, 2001 Contract Amount: $436.658.70 Completion Date: April 2002 Project: Sanitary Sewer Rehabilitation for Service District C 6B2 DNH Project #1025 -99 Owner: City of Key West 525 Angela Street Key West, FL 33040 David Fernandez (305) 292 -5600 Engineer: CH2M Hill 3011 S.W. Williston Road Gainesville, FL 32608 -3928 Joe Castronovo (352) 335 -7991 Contract Date: January 5, 2000 Contract Amount: $6,291,463.36 Project Description: Installed approximately 425 L.F. of 6 ", 25,050 L.F. of 8 ", 425 L.F. of 10 ", 1,700 L.F. of 12 ", 400 L.F. of 15" and 1,350 L.F. of 20" of sanitary sewer and related appurtenances. Completion Date: March 2002 Project: Waterworks Improvements — Port Royal Pump Station Project #2000.003 DNH Project #1070 -00 Owner: City of Naples, Florida 735 Eighth Street South Naples, FL 34102 Contract Date: September 6, 2000 — Contract Amount: $1,851,352.02 Completion Date: March 2002 Project: Potholes for 10" Water Main Marco Island, Collier County DNH Project #1220 -02 Owner: Florida Water Services 4110 Center Pointe Drive, Suite 204 Fort Myers, FL 33916 Joe Zawacki (941) 278 -5050 Contract Amount: $7,800.00 Completion Date: March 2002 Project Description: Located 24 Potholes for 10" WM from Lime Plant to Old Marco Lane - Project: Henderson Creek Interconnect Marco Island, Collier County DNH Project #1200 -01 Owner: Florida Water Services 1000 Color Place Apopka, FL 32703 Jan Spry (407) 880 -0058 Engineer: Florida Water Services P.O. Box 609520 Orlando, FL 32860 (407) 880 -0058 Contract Amount: $77,000.00 Completion Date: February 2002 Project: City of Key West - General Lateral Services Contract 2001 -2002 DNH Project 1325 -01 Owner: City of Key West, Florida 1400 Venetian Drive Key West, FL 33040 Charles Stepheson Contract Date: 2001 -02 Contract Amount: Various Dollar Amounts for Individual Projects Project: Seawall Replacement Marco Island, WWTP, Collier County DNH Project #1210 -01 Owner: Florida Water Services 1000 Color Place Apopka, FL 32703 Jan Spry ~- (407) 880 -0058 Engineer: Florida Water Services „. P.O. Box 609520 Orlando, FL 32860 (407) 880 -0058 Contract Amount: $156,950.00 Completion Date: December 2001 Project Description: Replace Seawall at Marco Island WWTP mom Project Owner: Engineer: Contract Date: Contract Amount: Completion Date: Project: Owner: Engineer: Contract Date: Contract Amount: Completion Date: - Project Description: Project: Owner: Engineer: Contract Date: Contract Amount -" Completion Date City of Key West Pump Station A Rehabilitation and Force Main DNH Project #01 -1225 City of Key West 525 Angela Street Key West, FL 33040 David Fernandez (305) 292 -5600 Allen Perez, P.E. (305) 292 -0642 March 23, 2001 $941,759.00 December 2001 Everglades City- Pleasure Island DNH Project #700 -01 City of Everglades City, Florida 207 Broadway Everglades, FL 34139 Anchor Engineering Consultants, Inc. 1520 Royal Palm Square Boulevard, Suite 200 Fort Myers, FL 33919 Contact: Richard Lewis Phone: (941) 936 -4003 16 B;) $296,831.25 October 2001 Installed 16 Simplex Grinder Pump Stations, 2,566 L.F. of 1 -1/2 ". and 2" Force Main, 1,806 L.F. of Water Main and other related appurtenances. Everglades City- Public Works Storage Building DNH Project #710 -01 City of Everglades City, Florida 207 Broadway Everglades, FL 34139 Anchor Engineering Consultants, Inc. 1520 Royal Palm Square Boulevard, Suite 200 Fort Myers, FL 33919 Contact: Richard Lewis Phone: (941) 936-4003 January 12, 2001 $110,560.00 June 2001 Project: Collier County — Goodland Culvert Improvement 16B2 Purchase Order #007281 DNH Project #760 -01 Owner: Collier County Government Board of County Commissioners - P.O. Box 413016 Naples, FL 34101 -3016 Contract Date: September 16, 2000 Contract Amount: $178,000.00 Project Description: Install (4) Reclaimed Water Motor Operated Valves at the South County Water Reclamation Facility. Completion Date: May 2001 Project: Basin VI Drainage Improvements Project #6680 -24619 DNH Project #970 -00 Owner: City of Naples, Florida 735 Eighth Street South Naples, FL 34102 Engineer: Camp Dresser & McKee Contract Date: November 24, 1999 Contract Amount: $3,111,455.00 Completion Date: Spring 2001 Project: Indigo Lakes r Collier County, Florida Subcontractor to Guyman Contraction DNH Project #1000 -00 Owner: Collier County, Florida General Contractor: GUYMAN Construction 5686 Youngquist Road Fort Myers, FL 33912 Contract Amount: $37,939.00 Completion Date: November 2000 Project Description: Installed 1,036 LF of 18" RCP and 35 LF of 42" RCP, 1 Lift Station Wetwell and Valve Vault, 446 LF of 8" SDR and related appurtenances. Project: Clam Bay Interior Channel Construction Phase II DNH #790 -00 Owner: Pelican Bay Services Division 801 Laurel Oak Drive, Suite 605 Naples, FL 34108 Contact: Kyle Lucas Contract Date: May 2000 Contract Amount: $99,703.07 Completion Date: October 2000 Project Description: Dug Channels in Clam Bay to nourish cypress trees Project: Marco Shores Reclaimed Line Relocation DNH Project 4990 -00 m Owner: Florida Water Services 1000 Color Place Apopka, FL 32703 (407) 880 -0058 Engineer: Florida Water Services P.O. Box 609520 Orlando, FL 32860 (407) 880 -0058 Contract Amount: $81,940.00 Completion Date: August 2000 Project: Flagler Interceptor, Phase II Sanitary Sewer Rehabilitation DNH Project #925 -99 Owner: City of Key West 525 Angela Street Key West, FL 33040 Ed Doty (305) 292 -5600 Engineer: CH2M Hill 3011 S.W. Williston Road Gainesville, FL 32608 -3928 Joe Castronovo (352) 335 -7991 Contract Date: March 31, 1999 Contract Amount: $5,114,565.16 Completion Date: June 2000 1682 4:N -- Project: Owner: Engineer: Contract Date: Contract Amount: Completion Date: Project: Owner: Engineer: Contract Date: Contract Amount: Completion Date: Project Description: Project: Owner: Engineer: Contract Date: Contract Amount: Completion Date: Project Description: Hideaway Beach T -Groin Construction Project #80221- Bid 00 -3033 6B2 DNH #750 -00 Collier County Water -Sewer District 3301 East Tamiami Trail Naples, FL 34112 Harry Huber (239) 774 -8425 Hole, Montes & Associates, Inc. 715 100' Street South Naples, FL 34102 (239) 262 -4225 September 28, 1999 $129,550.00 June 2000 Naples Beach Rock Removal Collier County Contract No. 99 -2995 DNH Project #995 -00 Collier County Office of Projects Management 3301 E. Tamiami Trail Naples, FL 34112 Contact: Harry Huber (239) 774 -8192 Coastal Engineering February 1, 2000 $184,605.00 March 1, 2000 Remove rocks from Naples Beach up to 200 LF offshore. Low - Pressure Wastewater Collection System -Phase 1 Everglades City DNH Project #700 -98 City of Everglades City, Florida 207 Broadway Everglades, FL 34139 Anchor Engineering Consultants, Inc. 1520 Royal Palm Square Boulevard, Suite 200 Fort Myers, FL 33919 Contact: Richard Lewis Phone: (941) 936 -4003 January 13, 1999 $489,963.42 October 1999 Installed 65 Simplex Grinder Pump Stations, 1 Duplex Grinder Pump Station, 6,750 L.F. of 1- 1/2 "., 2" and 3" Force Main and other related appurtenances. Project: Sewer and Water System Improvements — Hilton Haven Sewer and Water Main Extensio s P. sli DNH Project 4915 -98 Owner: City of Key West 525 Angela Street Key West, FL 33040 Ed Doty (305) 292 -5600 Engineer: CH2M Hill 3011 S.W. Williston Road Gainesville, FL 32608 -3928 Walter Schwarz (954) 426 -4008 Contract Date: December 16, 1998 Contract Amount: $1,054,397.11 Completion Date: July 1999 Project: Collier County Annual Contract Installation and Relocation of above ground meter assemblies DNH Project #730 -99 Owner: Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 Ronald Dillard (239) 774 -8192 Contract Amount: $850,000.00 Completion Date: 2000 Project: Sanitary Sewer Rehabilitation for Service District E DNH Project #895 -98 Owner: City of Key West 525 Angela Street Key West, FL 33040 Ed Doty (305) 292 -5600 Engineer: CH2M Hill 3011 S.W. Williston Road Gainesville, FL 32608 -3928 Joe Castronovo (352) 335 -7991 Contract Date: March 12, 1998 Contract Amount: $1,814,092.85 Completion Date: June 1998 Project Description: Replace 15,700 L.F. of Sanitary Sewer, new manholes, and sanitary sewer service laterals. l d :h TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) LF S 1 Sloping /Shoring LF 11,000 $ 1.00 $ 11,000.00 2. 3. 4. 5. TOTAL $ Failure to complete the above may result in the Bid being declared non - responsive. DATE March 9, 2004 - 1/30/2004 1:11 PM 11, 000.00 DOUGLAS N. HIGGINS, INC. Bidder Kelly AjVilkie, Vice President TR -P -6 16B2 CONFLICT OF INTEREST 1. Bidder shall provide full disclosure of information on any work performed for private interests within the past two (2) years, especially work that is not yet completed. 2. Bidder shall provide a declaration of commitment not to pursue any private sector work within w_ the limits of the County project or directly affected by the County project until the County project is completed and accepted by the County. Contractor may request a waiver of this provision from the Project Manager. A waiver may be granted at the sole discretion of the County. 3. Bidder shall provide a certification by a principal of the firm that the firm will comply fully with items 1 and 2 above, and to certify that no conflict of interest does exist or will arise if firm is awarded a County project. If more space is required, please attach additional pages. Failure to provide the documentation requested above may result in the Bid being declared non- responsive. Douglas N. Higgins, Inc. has not performed any significant work for private interest in the last two years. Ninety nine percent of our work is for municipal /government /public interest. We will not pursue any private sector work within the limits of the County Project without prior consent. Date: March 9, 2004 -- 1/30/2004 1:11 PM l)C)Q N. l-h�j� rru, jr1L Contraetbr By: o. W Kelly A. Wilkie Its Vice President TR -P -7 ♦i Upon receipt of written notice of the conditional acceptance of this Bid, Bidder will execute the formal - Contract attached within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance as required by the Contract Documents. The bid security attached in the sum of: fl V/, a)t (f 4)e C1 t(c) kid dollars ($ 5010 } is to become the property of the Owner id the event the Contract, Insurance and Bonds are not executed within the time above set forth for the delay and additional expense to the Owner. If awarded a contract under this Proposal, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Proposal within one hundred fifty (150) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within one hundred eighty (180) consecutive calendar days, computed by excluding the commencement date and including the last day of such period. Respectfully Submitted: -_ State of M I a' 1101(, County of Was h6lao/ I (o A . Di i C k i e- , being first duly sworn on oath deposes and says that the Bid 4r on the above Proposal is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. — examined and carefully repared its Bic has checked the same in detail before true and correct. A. Corporation also deposes and says that it has Proposal from the Contract Drawings and Specifications and submitting this Bid; that the statements contained herein are The Bidder is a corporation organized and existing which operates under the legal name of 0 and the full names of its officers are as follows: President Secretary Treasurer Manager. - 1/30/2004 1:11 PM under the laws of the State of M/d1O1Gw , G9TS 1V - -I1 GIQ �r�`� , :�] 0 Y) e- Haw A y e! Uu 11100 � aUT _ 16 y n�4w�et Ke l W, k TR -P -8 i and it does or (does not) have a corporate seal. The (name) i!f e is aut ed to sigg -irr 5nstruction proposals and contracts for the comp Any by action of its Board of Directors taken maw a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co- Partnership The Bidder is a co- partnership consisting of individual partners whose full names are as follows: The co- partnership does business under the legal name of: I Individual The Bidder is an individual whose full name is — operating under a trade name, said trade name is DATED MGA Y-Ckl y I b'DI __ n,t Witness ness 1 -1 1/30/2004 1:11 PM legal entity BY: r o uo jets lei, '106 Name of 3idder (Typedj' Signature V ce —P/ -? lr t Title and if [Corporate Seal] STATE OF M1GWq I COUNTY OF Mb p fom' w The foregoin instrument was acknowledged before me this '?ql day of Al �L�% , 2004, by t,t 19, W1 161 as v CC /pS Cn of a , ), S , . a Al r G � r.�ej"t -- corporation, on behalf of the corporation. ( s II known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) - 1/30/2004 1:11 PM 7, NAME: (Legibly P�j,1 ublic, Washtenaw County, MI My Commission Expires Mar. 7, 2005 Notary Public,...S.tateofI�GN�E��., >; Commission No.: - — TR -P -10 CERTIFICATE OF SECRETARY The undersigned, being the duly elected secretary of Douglas N. Higgins, Inc., a Michigan corporation, hereby certifies that the following resolution was duly adopted by the Board of Directors of said corporation at a meeting held on May 15, 2003 and that said resolution is in full force and effect: "RESOLVED, That the following listed persons are hereby authorized to execute, on behalf of Douglas N. Higgins, Inc., any and all contracts and documents." Douglas N. Higgins ~ Daniel N. Higgins N William D. Higgins 1A /��'> i�j Kevin E. Schwiderson James H. Sweet Kelly A. Wilkie mil. WG� R. Suzanne Hawker Secretary Dated: May 15, 2003 i 101j2 , 1 BID BOND 3390 'ft loin" and KNOW ALL MEN BY THESE PRESENTS, that we ""'°`O°r" '� 491°R (herein after called the Principal) and Hnrtfnrd Arrident anti IndAmnit) Co (herein called the Surety), a corporation chartered and existing under the laws of the State of CT with its principal offices in the city of Hartford, CT and authorized to do business in the State of F1 nri rig are held and firmly bound unto the Board of County Commissioners Collier County, Florida (hereinafter called the Owner, in the full and just sum of five percent of the attached bid dollars ($ 5% ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a proposal for furnishing all labor, materials, equipment and incidentals necessary to furnish and install: 13th Street SW Widening Project BID NO. 04 -3625 NOW, THEREFORE: The conditions of this obligation are such that if the Proposal be accepted, the Principal shall, within fifteen days after the date of a written Notice of Award, execute a Contract in accordance with the Proposal and upon the terms, conditions and price(s) set forth therein, of the form and manner required by the Owner, and execute a sufficient and satisfactory w_ Contract Performance Bond and Payment Bond payable to the Owner, in an amount of one hundred percent (100 %) of the total Contract price each in form and with security satisfactory to the said Owner, then this obligation to be void; otherwise to be and remain in full force and virtue in the law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid Owner, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty but as liquidated damages. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and -- sealed this 9th day of March , 2004. 9089 us I. limbs. be. 3390 lswwls Voute Rose am altars Q 69109 Principal BYL�� H. VV I k,1 (Seal) Vice —Pr psi dco TR -P -11 1/30/2004 1:11 PM 1 k-B2 t vartfmd AOOIft A Naomi ° P.o. F� X01 Troy, IQ 480th 800-87it -8303 Hartford Accident S radmity Co. Box 3001 MI 48007 n e2 8303 Surety Vicki P. Gardner t, a Attorney in Fact (Seal) yl �! Florida Resident Agent, Vale A. Seitlin & Company 2901 NW 194th Avenue 'Countersigned Miami, FL 33172 Local Resident Producing Agent for o- Box 3001 'ruy, IQ 48001 600 072-M TR -P -12 1/30/2004 1:11 PM -POWER OF ATTORNEY Direct Inquiries /Claims to THE HARTFORD 6 B2 BOND, T-4 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888 - 266 -3488 or fax: 860 - 757 -5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 35- 350851 Hartford Fire Insurance Company, a corporation duly organized under the taws of the State of Connecticut X Hartford Casualty Insurance Company, a corporution duly organized under the laws of the State of Indiana X� Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies ") do hereby make, constitute and appoint, up to the amount of unlimited: Dan Hines, Stephen Dobson, Vicki P. Gardner of Ann Arbor, MI their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts. and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. i to „.,•�'"c"•ioJr "� ` ; a t 0 e t �'•°'t'� • ,nva4.r�•. ;8 �.� „GCOxloMrfo . ,rlyrr �GGaene.rr• \. f ." s •! A +•r•+�• 1979 t197D'- J Ilt r1G�� At•wA ` +� -, � �` ,,1�� ' ✓';'..... �i °F °�;'..... -+�i" 7 979 ♦ �"�Gtx ''�� {�;� �4'W.N .� �y�A,. t +�t • � "' ��o,tw'xr"' rrAr�rs' �:_�'ojiA ;+ Paul A. Bergenholtz, Assistant Secretary Colleen Mastroianni, Assistant Vice President STATE OF CONNECTICUT SS. Hartford COUNTY OF HARTFORD On this 25'" day of October, 2002, before me personally came Colleen Mastroianni, to me known, who being by me duly sworn, did depose and say: that she resides in the County of Hartford, State of Connecticut; that she is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that she knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals, that they were so affixed by authority of the Boards of Directors of said corporations and that she signed u her name thereto by like authority. Scott E. Paseka Notary Public CERTIFICATE MV Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of March 09, 2004 Signed and sealed at the City of Hartford. �AytvU�� /rpcw,� \. �4,,ter , r gee tug•• t" JJ`i"'.,,,V":� j�'�r r :rG�.rr.q(i',n � 1 "€ ��Aeaae..ot :,i ,T�G,GWI••Mrip A••t•M ►'<197of\�ar S� Iy70j4,� �7,., I970 * "rQ:sraR::r c�4�j' � 4�iP �A • r� y, ~'" `•, ",°,..,. Yves Cantin, Assistant Vice President POA2003 Obligee'sllnsured's Name Obligee'sllnsured's Mailing Address Bond /Policy Number Its IMPORTANT NOTICE TO OBLIGEES /POLICYHOLDERS - TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond /policy. However, the actual coverage provided by your bond /policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond /policy, any endorsements to the bond /policy and generally applicable rules of law. Any terrorism coverage provided by this bond /policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily - established deductible paid by sureties /insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond /policy is either shown on this form or elsewhere in the bond /policy. If there is no premium shown for w terrorism on this form or elsewhere in the bond /policy, there is no premium for the coverage. Terrorism premium: 1 $0 Form B- 3333 -0 Page 1 of 1 © 2002, The Hartford -- THIS SHEET MUST BE SIGNED BY VENDOR .16 82 `k BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the. spaces indicated and return with your bid proposal. Bidder should check off each of the following items as the necessary action is completed: B. The Bid has been signed. C. The bid prices offered have been reviewed. - D. The price extensions and totals have been checked. E. The payment terms have been indicated. F. Any required drawings, descriptive literature, etc. have been included. G. Any delivery information required is included. H. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. I. Any addenda have been signed and included. J. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 K. The mailing envelope must be sealed and marked with: °- <*Bid Number; <*Project Name; <*Opening Date. 12. The bid will be mailed or delivered in time to be received no later than the specified o enin date and time. (Otherwise bid cannot be considered.) ALL COURIER - DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET DOUGLAS N. HIGGINS, INC. Company Name n r � Vice President Signa & Title Kelly A. Wilkie March 9 2004 Date TR -P -13 . 1/30/2004 1:11 PM CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") _ hereby contracts with Douglas N. Higgins, Inc. ( "Contractor ") of 2887 Tamiami Trail East, Suite 1, Naples, FL 34112 a Michigan corporation, to perform all work ( "Work ") in connection with 13th Street SW Widening Project, Bid No. 04 -3625 ( "Project "), as said Work is set forth in the Plans and Specifications prepared by Wilson Miller, Inc., the Engineer and /or Architect of Record ( "Design Professional') and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Instructions to Bidders, the Bid Schedule and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to °- herein as the "Contract Documents" and sometimes as the "Agreement "). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor up to five (5) sets of the Contract Documents as are reasonably necessary for execution of the Work. Additional copies of the Contract Documents shall be furnished, upon request, at the cost of reproduction. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount "), in accordance with the terms of this Agreement: one million eight hundred sixty thousand five hundred sixty three dollars and zero cents ($1,860,563.00). TR -CA -1 - 4/12/2004 2:09 PM l 682 Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. Should the contract amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Project Manager. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within one hundred fifty (150) calendar days from the Commencement Date. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the owner that construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Substantial completion is further defined as that date the roadway is open for traffic and all pay items have been completed and accepted by the Owner except for thermoplastic striping, punch list items, street lighting and traffic signalization burn -ins. The work shall reach final completion and be ready for final acceptance by Owner within one hundred eighty (180) calendar days from the Commencement Date (herein "Contract Time "). B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified above, as said time may be adjusted as provided for herein. Should Contractor fail to substantially complete the Work within the time period noted above, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, one thousand two hundred sixteen dollars and fifty cents ($1,216.50) for each calendar day thereafter until substantial completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion, Owner shall also be entitled to assess, as liquidated damages, but not as a penalty, a sum certain per day, in the amount of six hundred eight dollars and twenty -five cents ($608.25), for each day after the time set for Final Completion, as set forth in paragraph four (4) above, until Final Completion is achieved. TR -CA -2 4/12/2004 12:58 PM s The Project shall be deemed to be substantially completed on the date the Project Manager (or at his /her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete or finally complete the Work in a timely manner. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the County Will count default days in calendar days. E. Conditions under which Liquidated Damages are Imposed. If the Contractor or, in case of his default, the surety, fails to complete the work within the time stipulated in the Contract for Substantial Completion, or within such extra time that the County may have granted the Contractor, or in case of his default, the surety, shall pay to the County, not as a penalty, but as liquidated damages, the amount of one thousand two hundred sixteen dollars and fifty cents ($1,216.50) per day for each day the Contractor fails to reach Substantial Completion as required under the terms of the contract. Final Completion shall occur when the contract is completed in its entirety, is accepted by the County as complete and is so stated by the County as complete. If the Contractor reaches Substantial Completion but fails to reach Final Completion, the Contractor, or in the case of his default, the surety, shall pay the sum of six hundred eight dollars and twenty -five cents ($608.25) per day for each day the Contractor fails to reach Final Completion. F. Right of Collection. The County has the right to apply, as payment on such liquidated damages due under the Contract _ by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. G. Allowing Contractor to Finish Work. The County does not waive its right to liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract - Time including granted time extensions. H. Completion of Work by County. In the case of a default of the Contract by the Contractor and the completion of the work by the County, the Contractor and his surety are liable for the liquidated damages under the Contract, but the County will not charge liquidated damages for any delay in the Final Completion of the County's performance of the work due to any unreasonable action or delay on the part of the County. TR -CA -3 4/12/2004 12:58 PM - I. Release of Contractor's Responsibility. The County considers the Contract complete when the Contractor has completed in its entirety all of _. the work and the County has accepted all of the work and notified the Contractor in writing that the work is complete. The County will then release the Contractor from further obligation except as set forth in his bond and except as provided in the Contract. J. Recovery of Damages Suffered by Third Parties. When the Contractor fails to complete the work within the Contract Time or within such additional time that the County may grant, the County may recover from the Contractor amounts that the County pays for damages suffered by third parties unless the failure to timely complete the work was caused by the County's act or omission. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit E1: Work Directive Change Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit G1: Certificate of Final Completion Exhibit G2: Warranty Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Plans and Specifications prepared by Wilson Miller Inc., and identified as follows: 13th Street SW Widening Project as shown on Plan Sheets 1 -59. Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: - Mr. Daniel Hall, P.E., Project Manager Transportation Engineering and Construction Management Department 2685 Horseshoe Drive, South, Suite 212 Naples, FL. 34104 Telephone: (239) 774 -8192 Facsimile: (239) 213 -5885 E -mail: danielhall(c)colliergov.net TR -CA-4 w 4/12/2004 12:58 PM 16 B 2 B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Kelly A. Wilkie Douglas N. Higgins, Inc. 2887 Tamiami Trail East, Suite 1 Naples, FL 34112 Telephone: (239) 774 -3130 Facsimile: (239) 774 -4266 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 9. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 10. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 11. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 12. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire — agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be - deemed merged in, integrated and superseded by the Agreement. Section 13. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. TR -CA -5 - 4/12/2004 2:09 PM Section 14. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all change orders to the Agreement to the extent provided for under the County's Purchasing Policy and accompanying administrative procedures. Section 15. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 16. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict obligation under the Contract Documents upon the Contractor. TR -CA -6 4/12/2004 12:58 PM IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: FIRST WITNIFTS Type /Print Name --- SECOND WITNESS �T �s )e.- awc7e-- Type /Print Name Date: – �,oc -) ATTEST; Dwi�hft Brb(j'i`, BY: stgr?sr ,7s��' App ved As To or a% Lega Su c' nc Scott Teach Assistant County Attorney CONTRACTOR: DOUGLAS N. HIGGINS, INC. By:-6u*� W� n ,, , V/ Le -1' — W (d 6 Type Print ame and title Affix the "(Corporate Seal }" OR type /print "(Corporate Seal)" OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: 4 C� a Com issioner Donna Fiala, Chairman TR -CA -7 Item # Agenda +- ,Vb`t Date ..i1 d LA Date c 6 "tiT 4/12/2004 12:58 PM 16B2 EXHIBIT A PUBLIC PAYMENT BOND 13th Street SW Widening Project Bond No. 35BCSCK8484 Contract No. 04 -3625 KNOW ALL MEN BY THESE PRESENTS: That Douglas N HiQgins, Inc. as Principal, and Hartford Accident and Indemnity Co as Surety, located -- at PO Box 3001, Troy, MI 48007 (Business Address) are held and firmly bound to Board of Canty Ccmdssioners, Collier county, FL as Oblige in the sum of one million eight h-rrLed sixty ttrx i nd f� ve artrxl �i> y tnM 00/100($11 ��n . 5�� _ nn )for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. ( award letter ) WHEREAS, Principal has entered into a contract dated as of the 13th day of April 2004, with Oblige for 13th Street SW Widening ProJert in Naples, FL accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the '® prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 21 t_ day of April 2004, the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. TR- CA -A -1 4/12/2004 12:58 PM 1682' I Signed, sealed and delivered in the presence of: PRINCIPAL Douglas N. Hioains, Inc. BY: 0, uk&uk Wkffesses as to Principal NAME: VV el I ) Kt ITS: aaclt- STATE OF MichiQan - COUNTY OF Washtenaw The foregoing instrument was acknowledged before me this 2-ISt day of 2004, by I KI'—e I as P; -, P S 1 44 Nt of i h a /" A1tq—AjVeo rpo ratio h, on behalf of the corporation. He/she is PeIrsonally knom to me OR has produced as identification and did (S Lid no )Rake an oath. My Commission Expires: -3171,05 nature 6t Notary) R. SUZANNE HAWKER NAME:i - I.A.1RAWAA Gewdy, MI (Legi n Expires Mar. 7, 2005 l* (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: Hartford Accidoet A bGMWft ft. P.O. B= 3001 Troy, N1 48W (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) TR-CA-A-2 1/3012004 1:11 PM VVitnesses 11- Pridalesident Agent, Seitlin & Company 2001 NW !07th Avenue Miami, FL 33172 STATE OF Michigan COUNTY OF Washtenaw Dale A, A41.10 1682 4 10 OR ALL ne P0 As Attorney in Fact tt (Aach Power of A orney) TIcki P. Gardner Attorney in Fact (Printed Name) (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me this21st day of April r,i- 2004, by Vicki P. Gardner as attorney in fact H2r1 11 lTd Arrlrkgnt i-ird T cimnity M- known to me OR has produced and who did (ffidx& } take an oath. My Commission Expires: 77 (AFFIX OFFICIAL SEAL) 1/30/2004 1:11 PM Surety, on behalf Surety. iShe is persona as identificatic (Sign ture) Name: Judy K. Mnrklem (Legibly Printed) Notary Public, State of: Commission No.: TR-CA-A-3 L v u e Direct Inquiries /Claims to: THE ASYLUM HARTFORD POW ER OF ATTORNEY BOND, A NUE HARTFORD, CONNECTICUT 06115 call: 888 - 266 -3488 or fax: 860 - 757 -5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 35- 350851 = Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies ") do hereby make, constitute and appoint, up to the amount of unlimited: Dan Hines, Stephen Dobson, Vicki P. Gardner of Ann Arbor, MI their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. �{ ya'�7Y 1•� � ��it! -.. yr ",t �4 Y �hr v : .twrrr!nr: \s F �9A t ,�!•►aM�y _ .`�oar.+o't'a.4_ � ��ho c )� 1487 :^^, • � t` � to ._.. 'o "'.'� � 1i ':r+.rr r,w�,� � �•sHiM► i 2979 is �t 1970) °g ,BHA► y;,�14. d' �� 4� �,`s •, ,., ..,+'��y/ °�' `�i;�.....�".� '�y7979 f ' �:nv;:s�9ah ,'i"a.n•a 'JyrA.. .' +a` • gym, <'r rMxi:rpr.:.+'" torus• t, °......^o'' Ck . .� Paul A. Bergenholtz, Assistant Secretary Colleen Mastroianni, Assistant Vice President — STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 25th day of October, 2002, before me personally came Colleen Mastroianni, to me known, who being by me duly sworn, did depose and say: that she resides in the County of Hartford, State of Connecticut; that she is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that she knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that she signed her name thereto by like authority. A Scott E. Paseka �� Notary Public CERTIFICATE My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of April 21, 2004 Signed and sealed at the City of Hartford. 7-, T / L.9ty,ii� � '- /yr- ,.'....ay • �A.; �1i1�913. i�MFM' t�;...:. Yves Cantin, Assistant Vice President ° Pon 2003 Obligee'sllnsured's Name Obligee's /insured's Mailing Address 35BCSCK8484 Number IMPORTANT NOTICE TO OBLIGEESIPOLICYHOLDERS - TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy. However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily - established deductible paid by sureties /insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond /policy. If there is no premium shown for terrorism on this form or elsewhere in the bond /policy, there is no premium for the coverage. Terrorism premium: $0 Form B- 3333 -0 Page 1 of 1 © 2002, The Hartford &. L1 1,1 1682 EXHIBIT A PUBLIC PERFORMANCE BOND 13th Street SW Widening Project Bond No. 35BCSCK8484 Contract No. 04 -3625 KNOW ALL MEN BY THESE PRESENTS: That Douglas N. Higgins, Inc. as Principal, and Hartford Accident and Indemnity CO. as Surety, located at PO Box 3001 Troy, MI 48007 (Business Address) are held and firmly bound to Board of Canty comdssioners, Collier Canty, Florida , as Oblige in the sum of one Fail I ion e' ; xt I/ ttn igarid .five huxired sixty three and 00 7100 ($ 1 , 850 .56 3. 00 ) for the payment whereof we oono ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. (award letter date) - WHEREAS, Principal has entered into a contract dated as of the 13th day of April 2004, with Oblige for 13th Street SW Widenin _Q Project in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder,. or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. TR- CA -A-4 - 1/30/2004 1:11 PM 1662 This instrument shall be construed in all respects as a common law bond. It is expressl,, understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of thi: Performance Bond regardless of the number of suits that maybe filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this 21st day c April , 2004, the name of each party being affixed and these presents duly signed by it: undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered =- in the presence of: PRINCIPAL / Douglas N. Higgins, Inc. BY: - -,Witnesses as to Principal NAME: ( ITS: V — r" STATE OF Michigan COUNTY OF Washtenaw The foregZ-91 instrument was acknowledged before me this !St da of it , 2004 by l F ' I K 12 , as —T f LA4 c iris a N1 1 al I CU A, corporation, on behalf c the cor ration. a /she is personally own to me OR has produce as identification and did (did not ) take an oath. My Commission Expires: 31710 S Name (AFFIX OFFICIAL SEAL) I ature) R. SUZANNE HAWKER (Leg iftfedvite*ion Expires Mar. 7, 2005 Notary Public; State of...._ Commission No.: TR- CA -A -5 1/30/2004 1:11 PM ATTEST: Witnesses as to Surety Witnesses Florida Resident o Seitlin & Company °- 2001 NW 107th Avenue Miami, FL 33172 Hartford Act 4 ft, SURETY: P.O. Box 3001 Troy, MI 48M 900 -872 -8303 (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in 4'ctQ (Attach Power of A o ey) Vicki P. Gardner httorney in Fact (Printed Name) PO gnif tug 301 N Liab at Ann Arbor, MI 48106.1348 Fax 741 -1 (Business Address) (Telephone Number) STATE OF Michigan COUNTY OF wasbta ain The foregoing instrument was acknowledged before me this 21st day of April 2004, by Vicki P. Gardner as attorney in fact of Hartford Accident and Indamity Co. Surety, on behalf of Surety. She is personally known to me OR has produced as identification and who did kMt) take an oath. My Commission Expires: 4 (AFFIX OFFICIAL SEAL) 1/30/2004 1:11 PM (Sig ture) Name: Judy K. Macklem (Legibly Printed) Notary Public, State of: Commission No.: TR -CA A -6 ACORD CERTIFICATE OF LIABILITY INSURANCE - HI GI 2 DA04 2i 41 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dobson- McOmber Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE .O. Box 1348 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 301 N. Main Street Ann Arbor MI 48106 -1348 IPhone:734 -741 -0044 Fax -734- 741 -9059 INSURED Douglas N. Higgins, Inc. 3390 Travis Pointe, Suite A Ann Arbor MI 48108 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Continental Casualty 20443 INSURER B: Transportation Ins. Co. INSURER C: -Valley Fore Ins. Co. 20508 INSURER D: INSURER E: (;VVrKP1b CJ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LT R A L NSR X TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR X Includes XCU POLICY NUMBER L161922047 DATE MM /DD/YY 12/10/03 E MM /DD/YY DATE 12/10/04 LIMITS EACH OCCURRENCE $1,000,000 PREMISES (Ea occurence) $ 100,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 X Contractual Liab PRODUCTS - COMP /OP AGG $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JERCOT LOC A _I IL AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS I NON- OWNEDAUTOS L161922033 12/10/03 i 12/10/04 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Per accident) $ i GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ B EXCESS /UMBRELLA LIABILITY X OCCUR 71 CLAIMSMADE DEDUCTIBLE X RETENTION $10,000 L161922050 12/10/03 12/10/04 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 $ $ C C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY AN PROPRI OFFICER/MEM ER EXCLUDED? TOR/PARTNER/EXECUTIVE If yes, describe under SPECIAL PROVISIONS below WC161922016 WC179137344 12/10/03 12/10/03 12/10/04 12/10/04 X I TORY LIMITS ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE -EA EMPLOYEE $500,000 E.L. DISEASE - POLICY LIMIT $500,000 A OTHER Limited Work Site Pollution Liab L161922047 12/10/03 12/10/04 1,000,000 J-DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Job - 13th Street SW Widening Project, #04 -3625. Additional Insured for (General Liability (primary) - Collier County Board of County Commissioners. CERTIFICATE HOLDER COLLI -1 Collier County Board of County Commissioners 3301 East Tamiami Trail Naples FL 33862 ACORD 25 (2001108) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL J901000110MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, TIV�� © ACORD CORPORATION 1988 16B,2 ' EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor /Consultant/Professional. (5) The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the Owner of policy cancellation or non - renewal on the part of the insurance carrier or the Contractor. (6) All insurance coverage's of the Contractor /Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor /Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits _ specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. _ (9) Should at any time the Contractor /Consultant/Professional not maintain the insurance coverage's required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the Contractor for such coverage's purchased. _ The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. TR- CA -B -1 1/30/2004 1:11 PM 1662 -j (10) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor /Consultant/Professional shall furnish to — the County, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor /Consultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation — Florida Statutory Requirements b. Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. ❑ Applicable X Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. ❑ Applicable X Not Applicable TR- CA -B -2 1/30/2004 1:11 PM 1682 COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes No (1) Commercial General Liability Insurance shall be maintained by the Contractor / Consultant / Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: General Aggregate $ 300,000 Products /Completed Operations Aggregate $ 300,000 Personal and Advertising Injury $ 300,000 u Each Occurrence $ 300,000 Fire Damage $ 50,000 General Aggregate $ 500,000 Products /Completed Operations Aggregate $ 500,000 Personal and Advertising Injury $ 500,000 Each Occurrence $ 500,000 Fire Damage $ 50,000 X General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non - renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. TR- CA -B -3 1/30/2004 1:11 PM 1682 ' (5) Coverage shall be included for explosion, collapse or underground property damage claims. -- (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. ❑ Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $1,000,000 each occurrence if applicable to the completion of the work under this Agreement. ❑ Applicable X Not Applicable PROPERTY INSURANCE — BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a ~" replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no - person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub - subcontractors and Material Suppliers in the Work. (2) Property insurance shall be on an all -risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all -risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining �. boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub - contractors in the Work. TR- CA -B-4 1/30/2004 1:11 PM 1662 (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this exhibit or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor /Consultant/Professional for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor /Consultant/ Professional and, if so, such may shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, Automobile Liability and Professional Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. TR- CA -B -5 1/30/2004 1:11 PM EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) 16B2 I I Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor ") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 2004 for the period from to - (2) Contractor 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 Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2004, by ,as of , a corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) 1/30/2004 1:11 PM (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: TR- CA -C -1 M a All EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: (Contractor's Representative) _ (Contractor's Name) (Contractor's Address) RE Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: R. Percent Contract Time completed to Date % Liquidated Damages to be Accrued $ Bid No. Project No. Application Date Payment Application No. for Work accomplished through the Date: Original Contract Amount: Total Change Orders to Date Revised Contract Amount Total value of Work Completed and stored to Date Less previous payment (s) AMOUNT DUE THIS APPLICATION: (Project Name) $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION - CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; -- (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE:_ (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: (Type Name & Title) -- Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: TR- CA -D -1 1/30/2004 1:11 PM (Signature) DATE: _ (Type Name and Title) 16B2 N U 0. O O N O lu c vj , o W N - - _- W E E ui I o U N m 'c Z Z "a ! N �I - —_ m'I0 mII n - c N — - f-Iw' m'�? Z H m U a E a O Im UI m LLA J ~ W � O I a OIo � �IIp m EI o N I, c I w4I c E' m FK' o, o' E O m't W m' '0I H,d a� m a w Q o - a o''1.10 l W' c o LL. O (L o OI I aIy J UI, v z rnI lax: d y N C 0 LLJ -�� 3 a a� m o c I T - -- x ? Q > 7 rnl, W L.L. IL I =II ' o plJ ca w 1 al = m Q 'a gu o c Z' O' o h a c 0 L U Eo c I d Q O 7 d N I a oa U c a L Z' �W �I m 1 m 1 m Ll CL a l. �I� x e z. w�ml I W 16B2 N U 0. O O N O CHANGE ORDER NO.: — TO: EXHIBIT E CHANGE ORDER CONTRACT NO.: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated )2004. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: For the (Additive) (Deductive) Sum of: $ Original Agreement Amount $ - Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased /decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now (_) calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. By: By: By: CEI TECM CONTRACTOR By: T.E.C.M. DIRECTOR PROJECT MANAGER BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TR- CA -E -1 1/30/2004 1:11 PM 682 Exhibit E -1 Transportation Engineering & Construction Management Department WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE # DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners .................. ............................... ................................................................................................ ............................... PROJECT #. CONTRACTOR: ENGINEER: You are directed to proceed promptly with the following change(s): Description: Purpose of Work Directive Change: Attachments: TM If a claim is made that the above change(s) have attected Contract Price or Contract 1 Imes any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s). Method of determining change in Contract Price: Method of determining change in Contract Times: ❑ Unit Prices ❑ Contractor's records ❑ Lump Sum ❑ Engineer's record ❑ Other ❑ Other Estimated increase (decrease) in Contract Price Estimated change in Contract Time: $ Increase or decrease by calendar days. RECOMMENDED: ACCEPTED: AUTHORIZED: Engineer /Consultant 1/30/2004 1:11 PM R-3 Contractor TR- CA -E -1 -1 am Owner's Representative 682 '� EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date __.. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. EJCDC NO. 1910 -8 -D (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5/85 TR- CA -F -1 -. 1/3012004 1:11 PM 1682 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: ------ - - -• �— •�� .. .... ...v vv..a.a va ✓VVaAl I—MIIVI IJ IL a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on 2004 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on OWNER By: 1/30/2004 1:11 PM Type Name and Title TR- CA -F -2 2004 2004 Bid No.: Contractor: EXHIBIT G FINAL PAYMENT CHECKLIST Project No.: The following items have been secured by the for the Project known as Date: 76, B2's , 2004 and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Commencement Date: Substantial Completion Time: Final Completion Time: Final Contract Amount: Calendar Days. Calendar Days. YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to County (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. Record drawings obtained and dated: 6. County personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified project is in operating phase. 12. Other: If any of the above are not applicable, indicate by N /A. If NO is checked for any of the above, attach explanation. Acknowledgments: - By Contractor: By Owner: TR- CA -G -1 1/30/2004 1:11 PM (Company Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 1662 ' OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT G1 CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No, This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION EJCDC NO. 1910 -8 -D (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5/85 - TR -CA -G 1 -1 1/30/2004 1:11 PM �i The following warranty is attached to and made a part of this Certificate: - EXHIBIT G2 Executed by Design Professional on , 2004 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on , 2004 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 2004 OWNER By: Type Name and Title T R -CA -G 1 -2 1/30/2004 1:11 PM 1682 ' q EXHIBIT G2 WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed -° by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CORPORATE SEAL 1/30/2004 1:11 PM CONTRACTOR BY: Attest: TR- CA -G2 -1 •i EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1. It is the intent of the Contract Documents to describe a functionally complete project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from - the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the -- Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2. If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3. Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1. Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; TR- CA -H -1 1/30/2004 1:11 PM � r climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2. Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub - Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. - Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as described in other places of the contract documents). 3. SCHEDULE. 3.1. The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate m. the dates for starting and completing the various stages of the Work. 3.2. The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with it's monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3. All work under this Agreement shall be performed within the requirements of the Collier County Noise Ordinance 93 -77, Amended by 96 -29, and Article 1, Division 1.5, Section 1.5.5 of the Collier County Land Development Code. Unless otherwise specified, work will be allowed 7:00 a.m. to 6:00 p.m., Monday through Friday except for County Holidays. Lane closures shall be limited to the hours of 8:00 a.m. to 4:00 p.m.; Turn Lane closures shall require engineer's approval. No work shall be performed outside the specified hours without the prior approval of the Project Manager. TR- CA -H -2 1/30/2004 1:11 PM 1662 ' 4 4. PROGRESS PAYMENTS. 4.1. Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month to the Project Manager along with a completed copy of the Application for Payment form signed by the Contractor's - authorized representative and attached to the Agreement as Exhibit D. 4.2. Prior to submitting its first monthly Application for Payment, Contractor shall w� submit to the Project Manager a complete list of all its proposed subcontractors and material -men, showing the work and materials involved and the dollar amount of each proposed subcontract and purchase order. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. 4.3. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location agreed to by the Owner in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. 4.4. Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager. Within twenty (20) business days after stamped receipt of each Application for Payment, the Project Manager shall either: (1) indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices shall be processed in accordance with Section 218.70, F.S. and the administrative procedures established by the County's Purchasing and Finance Departments respectively. In the event of a total denial and return of the Application for Payment by the Project Manager, the Contractor shall make the necessary corrections and re- submit the revised Application for Payment. Upon the stamped receipt by the Project Manager of the revised Application for Payment, the Owner shall, within ten (10) business days, pay the Contractor the amounts so approved. TR- CA -H -3 1/30/2004 1:11 PM Owner shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the project schedule in accordance with the Purchasing Policy as revised May 13, 2003. 4.5. Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's work. 4.6. Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, showing that all materials, labor, equipment and other bills associated with that portion of the Work payment is being requested on have been paid in full. For all payments subsequent to the first payment, the Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.7. Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be -- updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.8. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is enclosed in the agreement and labeled Exhibit G. 5. PAYMENTS WITHHELD. 5.1. The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the contract documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: TR- CA -H -4 1/30/2004 1:11 PM K.- • i. (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) _. unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. 5.2. If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non - liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1. Owner shall make final payment to Contractor within thirty (30) calendar days after the Work is finally inspected and accepted by Project Manager in accordance with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished -- Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Sureties consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. 6.2. Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing and identified by Contractor as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1. Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. TR- CA -H -5 1/30/2004 1:11 PM 1662' Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor. 7.3. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, - certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall -- state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract - Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by either a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance TR- CA -H -6 1/30/2004 1:11 PM 1682 guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS- BUILTS AND MEETINGS. 8.1. Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding w week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1. Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2. Soil conditions which adversely affect the Work; 8.1.3. The hours of operation by Contractor's and Sub - Contractor's personnel; 8.1.4. The number of Contractor's and Sub - Contractor's personnel present and working at the Project site, by sub - contract and trade. 8.1.5. All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6. Description of Work being performed at the Project site; 8.1.7. Any unusual or special occurrences at the Project site; 8.1.8. Materials received at the Project site; 8.1.9. A list of all visitors to the Project 8.1.10. Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by - Contractor to Owner pursuant to the Contract Documents. TR- CA -H -7 1/30/2004 1:11 PM 8.2. Contractor shall maintain 6 a ntam m a safe place at the Project site o recor y of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The -- "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As- Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3. Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1. Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public TR- CA -H -8 1/30/2004 1:11 PM 6B214 enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after m_ the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty - to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, m as well as to claims based on late completion. 10. CHANGES IN THE WORK 10.1. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor e_. shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. 10.2. A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and - Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3. If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor TR- CA -H -9 1/30/2004 1:11 PM 16B2 i'll and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15 %). All compensation due Contractor and any Subcontractor or sub - subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub - Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5. Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. 10.6 The Project Manager shall have authority to order minor changes in the Work not - involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1. Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2. Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours after the first day of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Claims not settled by the aforesaid procedure, shall be resolved according to the Dispute Resolution incorporated herein by reference. A copy of the Dispute Resolution Procedure is available in the Purchasing Department or on the Purchasing website at colliergov.net/purchasing. All claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3. The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any _.. Claim. TR- CA -H -10 1/30/2004 1:11 PM 12. OTHER WORK. 7. 68`2 12.1. Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty -eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty -eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2. Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with - Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3. If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1. The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any TR- CA -H -11 1/30/2004 1:11 PM 6B2 Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor / Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack of, sufficient insurance protection. The first One Hundred Dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. 13.2. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.3. Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. 15. CLEANUP AND PROTECTIONS 15.1. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2. Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. A 16.1. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. TR- CA -H -12 1/30/2004 1:11 PM 17. PERMITS, LICENSES AND TAXES. 17.1. Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. x Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1. Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2. Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. TR- CA -H -13 1/30/2004 1:11 PM 18.3. If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and _. interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4. The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items herefore or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5. If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. _. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1. Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2. Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and TR- CA -H -14 1/30/2004 1:11 PM 1662' exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If - Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design - Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated -.- portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. 20.2. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a Certificate of Final Completion. The County, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable shall issue a Certificate for Final Payment. The Contractor shall submit the final Application for Payment to the Project Manager for review and approval. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit C. (2) Consent of surety to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. TR- CA -H -15 1/30/2004 1:11 PM 82 '1 Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. _... 21. WARRANTY. 21.1. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any material -men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, -- installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after - substantial completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or any other representative of the Owner, shall conduct an inspection of the warranted _. work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the County to disqualify the Contractor from future County bid opportunities. 21.3 The Contractor shall be fully responsible to the County and Consultant for all acts and omissions of the Subcontractors, suppliers and other persons and organizations performing or furnishing any of the work under a direct or indirect contract with the Contractor just as the Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between the County or Consultant and any such Subcontractor, supplier, or other person or organization, nor shall it create any obligation on the part of the County or Consultant to pay or to see to the payment of any moneys due any such Subcontractor, supplier, or other person or organization except as may otherwise be required by laws and regulations. 21.4 The Contractor agrees to bind specifically every Subcontractor to the applicable terms and and conditions of the Contract Documents to the benefit of the County. All Work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor. TR- CA -H -16 1/30/2004 1:11 PM 1562 - i 22. TESTS AND INSPECTIONS. 22.1. Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2. Inspection, testing or approval of any portion of Work that is required by (i) any applicable codes, laws, ordinances, rules or regulations of any public authority other than Collier County, or (ii) permits issued by any public authority other than Collier County, shall be arranged by Contractor, at Contractor's expense, without right of reimbursement from Owner. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. Contractor shall provide Owner with the required certificates of inspection, testing or approval. Other inspection, testing or approval of any portion of Work, that is required by (i) the - Contract Documents, (ii) codes, laws, ordinances, rules or regulations of Collier County, (iii) permits issued by Collier County, (iv) the Project Manager or (v) the Design Professional, shall be conducted by Owner or a person designated by Owner and shall be accomplished at Owner's or such person's expense. Contractor shall cooperate with such process. If the Work fails the inspection, test or conditions of approval, then Contractor shall promptly correct the deficiency at Contractor's cost, without right of reimbursement from Owner, and shall notify Owner when the Work is ready for re- inspection, re -test or re- approval. Owner shall charge Contractor the cost of re- inspection, re -test or re- approval, including but not limited to fees and charges of `- professional service providers. 22.3. If any Work that is to be inspected, tested or approved is covered without prior - written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation, and replaced if necessary, at Contractor's expense without right of reimbursement from Owner. If, however, Contractor had given Project Manager timely notice of Contractor' intention to cover the Work and Project Manager had not responded after a reasonable period of time, then Owner shall bear such expense. 22.4. Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. TR- CA -H -17 1/30/2004 1:11 PM 23. DEFECTIVE WORK. 1602 23.1. Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non - defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, - architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. - 23.2. If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Project Manager to stop the Work shall not give rise to any duty on the part of Owner or Project Manager to exercise this right for the benefit of Contractor or any other party. 23.3. Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.4. If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend _. Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and _ remedies under this paragraph. TR- CA -H -18 1/30/2004 1:11 PM 1682 '' All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1. Contractor shall plan, organize, supervise, schedule, monitor, direct and control - the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work -- complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. u_ 24.2. Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. TR- CA -H -19 1/30/2004 1:11 PM ... 16B2 ,'^! 25.2. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3. Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. -_ 26. EMERGENCIES. 26.1. In the event of an emergency affecting the safety or protection of persons or the - Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty -eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines -- that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. �- 27.1. Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas -� permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. _. 28.1. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to _. prevent damage, injury or loss to: TR- CA -H -20 1/30/2004 1:11 PM 1692 " .1 28.1.1. All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and _. 28.1.3. Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract __. Documents. 28.2. Contractor shall comply with all applicable codes, laws, ordinances, rules and r_.. regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre- construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre- construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of agreement. TR- CA -H -21 1/30/2004 1:11 PM 31. MAINTENANCE OF TRAFFIC POLICY 1 602 , For all projects that are conducted within a Collier County Right -of -Way, the Contractor . shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and /or Purchasing Departments, and is available on -line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the MOT policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid proposal pages. MOT is to be provided within ten (10) days of receipt of "Notice of Award" 32. DIRECT PURCHASE 32.1. The County reserves the right to require Contractor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and /or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Contractor relating to said materials shall be governed by the terms and conditions of this Bid which shall take precedence over other conditions and terms of this Bid where inconsistencies or conflicts exist. Additionally, the County; at it's sole option; may choose to purchase some or all of the goods and /or materials from other suppliers. In either instance the County may require the following information from the Contractor: A. Required quantities of material. B. Specifications relating to goods and /or materials required for job including brand and /or model number or type if applicable C. Pricing and availability of goods and /or materials provided under Contractor's agreements with material suppliers 32.2. Purchasing Upon receipt of a proper requisition (including appropriate backup material(s), the Purchasing Department shall issue a Purchase Order for the material required. Each Purchase Order shall contain the County's certificate of exemption number. The Purchase order shall be given to the Project Manager for completion of the ordering process. TR- CA -H -22 1/30/2004 1:11 PM 16B2'+ "4 Unless the following items were included in the quote provided by the vendor to the Project Manager, the Purchase Order shall also provide for reimbursement of the cost to the supplier for: A. Shipping and handling B. Insurance costs C. Performance Bond 32.3. General Terms and Conditions A. Contractor shall be required to maintain records of all County- furnished materials that it incorporates into the project from the stock of County - furnished materials in its possession. Such records shall be furnished monthly to the Project Manager or their designee and shall include information on materials that have 1. Been delivered into the Contractor's possession and /or 2. been incorporated into the project. B. Notwithstanding the transfer of County- furnished materials by the County to the Contractor's possession, the County shall retain legal and equitable title to any and all County- furnished materials. C. The transfer of possession of County- furnished materials from the County to the Contractor shall constitute a bailment for the mutual benefit of the County and the Contractor. The County shall be considered the bailor, and the Contractor the bailee fo the County- furnished materials. County - furnished materials shall be considered returned to the County for purposes of their bailment at such time as they are incorporated into the Project. D. The County shall purchase and maintain insurance sufficient to protect against any loss or damage to County- furnished materials. Such insurance shall cover the replacement cost of any County- furnished materials not yet incorporated into the Project during the period between the time the County first takes title to any such materials and the time when the last of said materials are incorporated into the project. _u E. The County shall in no way be liable for any interruption or delay in the project, for any defects or other problems with the project, or for any additional costs resulting from any delay in the delivery of, or defects in, County- furnished materials, except in the event of the County's gross negligence or willful misconduct. F. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. TR- CA -H23 ` "" 1/30/2004 1:11 PM EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS TR- CA -1 -1 1/30/2004 1:11 PM 1662 -1 EXHIBIT J 1682 TECHNICAL SPECIFICATIONS TR- CA -J -1 1/22/2004 1:06 PM 162 EXHIBIT J -1 TECHNICAL SPECIFICATIONS - ROADWAY THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) "STANDARD SPECIFICATIONS — FOR ROAD AND BRIDGE CONSTRUCTION" (2000 EDITION, AS AMENDED TO DATE), AND THE FOLLOWING SPECIAL PROVISIONS AMENDING THE STANDARD SPECIFICATIONS, ARE HEREBY ADOPTED AND MADE A PART OF THE CONTRACT DOCUMENTS. IN CASES OF DISCREPANCY, THE GOVERNING ORDER OF THE DOCUMENTS SHALL BE AS FOLLOWS: 1. Advertisement for bids, instructions to bidders, proposal, contract form, payment and performance bond. — 2. Construction Plans 3. Technical Specifications 4. FDOT 2002 Design Standards 5. FDOT Standard Specifications for Roadway and Bridge Construction GENERAL NOTE: Many sections within Division I of the FDOT Standard Specifications for Road and Bridge Construction, 2000 Edition, have been deleted by this Exhibit J -1, and in some cases replaced by provisions within Exhibit H. For the Contractor's convenience, the Owner has attempted to identify the provisions(s) in Exhibit H replacing the deleted sections. However, the Contractor is responsible for reviewing all contract documents and the Owner's failure to cross reference a deleted section with its replacement section or sections in Exhibit H shall not relieve the Contractor from complying with the requirements included in Exhibit H. If a section within the FDOT Standard Specifications for Road and Bridge Construction, 2000 Edition, is deleted by this Exhibit J -1 and there is no corresponding replacement provision within Exhibit H, that section is deleted and not applicable to this project. Any references in Division II to sections within Division I which have been deleted and replaced by provisions in Exhibit H shall be treated as references to the applicable sections within Exhibit H. J -1 -1 - Va . J -1- CAYI7 1. 6B2 f I LIST OF REVISIONS TO THE FDOT STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, 2000 EDITION DIVISIONI ....................................................................................................... ..............................3 GENERAL REQUIREMENTS AND COVENANTS .................................................. ..............................3 _ SECTION 1 - DEFINITIONS AND TERMS ............................................................ ............................... 3 SECTION 2 - PROPOSAL REQUIREMENTS AND CONDITIONS ....................... ..............................4 SECTION 3 - AWARD AND EXECUTION OF CONTRACTS ............................... ..............................4 SECTION 4 - SCOPE OF WORK .............................................................................. ..............................4 SECTION 5 - CONTROL OF THE WORK .................... SECTION 6 - CONTROL OF MATERIALS ............................................................ ............................... 5 SECTION 7 -LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC .......................7 SECTION 8 - PROSECUTION AND PROGRESS .................................................. .............................10 SECTION 9 - MEASUREMENT AND PAYMENT ................................................. .............................12 DIVISIONII ...................................................................................................... .............................14 CONSTRUCTION DETAILS ....................................................................................... .............................14 SECTION 100 - CONSTRUCTION EQUIPMENT -GENERAL REQUIREMENTS ..........................14 - SECTION 102 - MAINTENANCE OF TRAFFIC ..................................................... .............................14 SECTION 110 - CLEARING AND GRUBBING ...................................................... .............................14 SECTION 120 - EXCAVATION AND EMBANKMENT ...................................... .............................15 SECTION 125 - EXCAVATIONS FOR STRUCTURES .......................................... .............................16 . Vec J -1- • CAM SECTION 200 SECTION 285 SECTION 300 SECTION 330 SECTION 430 SECTION 575 SECTION 700 - LIMEROCK BASE .......................................................................... .............................17 - OPTIONAL BASE COURSE .......................................................... .............................17 -PRIME AND TACK COATS FOR BASE COURSES ................... .............................18 -HOT BITUMINOUS MIXTURES - QUALITY ASSURANCE GENERAL CONSTRUCTION REQUIREMENTS AND ACCEPTANCE PROCEDURES ......... 18 - PIPE CULVERTS AND STORM SEWERS .................................. .............................18 - SODDING ....................................................................................... .............................19 - HIGHWAY SIGNING .................................................................... .............................20 DIVISIONIII ...................................................................................................... .............................21 MATERIALS...................................................................................................... .............................21 SECTION 941 - CONCRETE PIPE .......................................................................... .............................21 J -1 -2 � 1 SPECIAL PROVISIONS DIVISION I GENERAL REQUIREMENTS AND COVENANTS SECTION 1— DEFINITIONS AND TERMS ARTICLE 1 -3 Advertisement - Delete the definition of this term in its entirety and substitute the following in lieu thereof. "Advertisement. An official Notice to Contractors stating the time and place for submission of sealed proposals on designated projects or proposed work. This notice contains a description of the proposed work, instructions to the bidder regarding proposal forms, proposal guaranty, plans, specifications, and the reservation of the right of the County to reject any or all bids." ARTICLE 1 -3 Change Order - Change the first line and part of the second line of this definition to read as follows: "Change Order. A written order issued by the Engineer to the Contractor covering minor changes in the plans..." ARTICLE 1 -3 Department - delete the definition of this term in its entirety and substitute the following: "Collier County Board of County Commissioners ". ARTICLE 1 -3 Engineer - Delete the first four (4) words of the first sentence and substitute the following in lieu thereof: "The Transportation Administrator, Collier County, Florida, or his designee..." ARTICLE 1 -3 Holidays - Delete the definition of this term in its entirety and substitute the following in lieu thereof- "Holidays. Days designated by the Board of County Commissioners, Collier County, Florida" ARTICLE 1 -3 Laboratory - Delete the definition of this term in its entirety and substitute the following in lieu thereof. "Laboratory - The official testing laboratories of Collier County or other such laboratories as may be designated by the Engineer." ARTICLE 1 -3 Secretary - Delete the definition of this term in its entirety and substitute the following in lieu thereof- " 1-3 Chairman. The Chairman, Board of County Commissioners, Collier County, Florida, acting directly or through either the County Manager or the Transportation Administrator." ARTICLE 1 -3 State - Delete the title and provision of this article in its entirety and substitute the following in lieu thereof- 1-3 County. The Board of County Commissioners, Collier County, Florida, as Owner." J -1 -3 - Ver J -1- CAw 1682 ' SECTION 2 — PROPOSAL REQUIREMENTS AND CONDITIONS - ARTICLE 2 -1 THRU 2 -12 Delete Section 2 in its entirety and refer to 'Instructions to Bidders ", Parts "B" & "C' of the Agreement. SECTION 3 — AWARD AND EXECUTION OF CONTRACT ARTICLE 3 -1 THRU 3 -8 Delete Section 3 in its entirety and refer to `Instructions to Bidders ", Parts "B" & "C" of the Agreement. ARTICLE 4 -1 the Agreement. ARTICLE 5 -1 ARTICLE 5 -2 ARTICLE 5 -3 ARTICLE 5 -4 SECTION 4 — SCOPE OF WORK THRU 4 -6 Delete Section 4 in its entirety and refer to the "Agreement ", Part "D" of SECTION 5 — CONTROL OF THE WORK Delete in its entirety. See Exhibit H. Delete in its entirety. See Section 1.3 in Exhibit H. Delete in its entirety. See Section 1.1 and Section 23 in Exhibit H. Delete in its entirety. See Section 1.2 in Exhibit H. ARTICLE 5 -5 Delete the provision of this article in its entirety and substitute the following in lieu thereof.: "The Engineer shall order changes and execute supplemental agreements as he may decide as provided for - under the Sections of these specifications. The provisions of this article or elsewhere in this Contract regarding administration by the Owner or action taken pursuant thereto are not intended to and shall not relieve the Contractor of his responsibility for the management of the work either as regards sufficiency or the time of performance." Subarticle 5 -7.6 Delete the provisions of this article in their entirety and substitute the following in lieu thereof "The cost of performing construction surveying and layout work as described herein shall be included in the various work items to which it is incidental. No additional payment shall be made for it. — Additional construction surveying and layout work necessitated as a result of authorized increases in contract pay quantities shall be included in the affected contract unit prices. No separate payments shall be authorized by the Engineer ". ARTICLE 5 -8 Delete in its entirety. See Section 24 in Exhibit H. ARTICLE 5 -9 Delete in its entirety. See Section 22 & 23 in Exhibit H. ARTICLE 5 -10 Delete in its entirety. See Section 20 in Exhibit H. �. ARTICLE 5 -11 Delete in its entirety. See Section 20 in Exhibit H. ARTICLE 5 -12 Delete in its entirety. See Section I1 in Exhibit H. J -1 -4 Ver. J -1- c�u/a ARTICLE 5 -13 Delete in its entirety. See Section 11 in Exhibit H. ARTICLE 5 -14 Section 5 is expanded by the following new Article: "5 -14 AS -BUILT DRAWINGS AND RECORD DRAWINGS. The Contractor shall keep and maintain one (1) Contract copy of all project plans, drawings, specifications, addenda, written amendments, change orders, work directive orders, supplemental agreements, and other written interpretations and clarifications, which shall be annotated by the Contractor to show updated construction deviations as well as design changes authorized by the Engineer during construction. These final plans titled "as- built" record plans -- shall become the ownership of the County All work under this item shall conform to Florida Statute Chapter 472, and Chapter 61 G -17 -6005 Florida Administrative Code. The cost of preparing, maintaining, and providing "as- built" plans and documents as specified in this article shall be included in the Lump Sum Payment for Maintaining and Providing "As- Built" Plans, Contract Pay -- Item No. 101 -1 -1. Final payment shall not be authorized by the Engineer until such time as the Contractor submits a complete set of certified "as- built" plans and other documents in satisfactory condition and quantity as specified in this article. SECTION 6 — CONTROL OF MATERIALS ARTICLE 6 -1 Delete this article in its entirety. Subarticle 6 -3.4 Delete this subarticle in its entirety. Subarticle 6 -4.4 Add the following to this subarticle; "The contractor shall pay for the County's cost of all unacceptable retests which are rejected at the source of supply ". Subarticle 6 -5.1 Delete the last sentence of this subarticle and add the following paragraph: "Except where otherwise indicated in these specifications, the on -site project field testing of selected materials and laboratory testing of concrete and soil materials required by the Engineer shall be provided by and at the expense of the County and the Contractor shall coordinate and schedule the required testing. Also, the Contractor shall pay for the cost of all unacceptable field and laboratory tests which reveal that the materials failed to meet the requirements of these specifications. The cost of such failing tests and re- testing will be deducted from the amount due the Contractor on the final pay estimate. The cost per test will be the same total cost per test paid by the County. The Contractor shall — notify the Engineer twenty-four (24) hours prior to the time of required testing so that the Engineer may arrange to have his representative present." Subarticle 6 -5.6 Subarticle 6 -5.6 is expanded by the following new sub - subarticle: "6 -5.6.1 REVIEW AND ACCEPTANCE OF MATERIALS. The Contractor shall furnish to the Engineer, for review, all Contractor's, subcontractor's and manufacturer's _. drawings, which shall be deemed to include shop drawings, catalog cuts, brochures, illustrations, erection drawings, material lists and performance data, which may be required by the specifications, requested by the Engineer or otherwise necessary for the proper execution of the work. J -1 -5 Ver. J -1- ....« corns 16 8-2 "'' 14 Unless otherwise provided, not less than two (2) copies, plus those copies necessary for the Contractor's requirements, of all such drawings shall be submitted to the Engineer for review. The Contractor shall submit all such drawings to the Engineer in sufficient time to prevent delays in delivery of materials or in the progress or completion of the work. At the time of each submission, the Contractor shall, in writing, call the Engineer's attention to any intentional or known deviations that the shop drawings may have from the requirements of the contract documents. _4 The data shown on the shop drawings shall be complete with respect to dimensions, specifications section, drawings number, date, design criteria, materials of construction and the like to enable the Engineer to review the information as required. Where called for, the Contractor shall furnish two (2) samples of each material, texture, color, etc., clearly labeled as to name and quality of material, manufacturer and application on the job. -- No work requiring a shop drawing or sample submission shall be started until each submission has been reviewed by the Engineer. The Engineer's review of shop drawings or samples will not relieve the Contractor from his responsibility for any deviations from the requirements of the Contract Documents unless the Contractor has in writing called the Engineer's attention to such deviations at the time of submission and the Engineer has given written comments on the specific deviation, nor will it relieve the Contractor from errors or omissions in the shop drawings. Shop drawing submittals processed by the Engineer shall not be construed as change orders; the purpose of shop drawing submittals is to demonstrate to the Engineer that the Contractor understands the design concept, and that his understanding is demonstrated by indicating the equipment and material to be furnished and installed. Corrections or changes indicated by the Engineer on the shop drawings do not constitute authorization to perform extra work. The review of shop drawings and schedules shall be considered general and shall not be construed as permitting any departure from the Contract requirements. The design drawings and contract specifications shall take precedence over the shop drawings in the event of deviations, discrepancies, or conflicts, regardless of the time of discovery of the deviation, discrepancy, or conflict. One (1) complete set of all review shop drawings and samples shall be kept at the site at all times. During work specified or shown on the shop drawings, the Contractor shall make no deviation from the reviewed drawings, and the changes made thereon by the Engineer, if any. The Contractor shall, upon completion of the work, furnish to the Engineer, two (2) complete sets of prints - neatly bound together, and in good condition, of all the contractor's subcontractor's and manufacturer's drawings as finally checked and reviewed by the Engineer with all modifications accepted by the Engineer subsequent thereto, showing the work as actually completed. Subarticle 6 -5.10 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof "6 -5.10 Asphaltic Concrete Mix Designs: The responsibility for costs associated with mix(es) for asphaltic concrete shall be borne by the Contractor." J -1 -6 . Ver. J -1- CAM 1662 Subarticle 6 -6.2 This subarticle is expanded as follows: "For areas within the project limits approved by the Engineer as sites suitable for storage of materials, the Contractor shall, if deemed necessary by the Engineer, design, furnish, and install "temporary positive barrier systems" in conformance with the guidelines set forth in the U.S. Department of Transportation Warrants for Temporary Positive Barriers in Highway Work Areas, latest edition. The work of designing, furnishing, installing, maintaining and removing such barriers shall be included in the Contractor's price bid for Maintenance of Traffic, Contract Pay Item No. 102 -1. SECTION 7 — LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC Subarticle 7 -1.1 The following paragraph is to be added at the end of this sub - article: "The Contractor's attention is directed to the fact that the noise generated by his construction equipment — and/or operations must comply with all applicable Federal, State and local environmental regulations. In the event noise sensitive sites are identified during construction, the County may direct that effective and/or additional abatement measures be utilized. The Contractor shall specifically comply with Collier County Ordinance 77 -4 as amended. No additional or separate payment shall be authorized to comply with the required abatement measures contained in this ordinance." Subarticle 7 -1.1 Delete the fourth paragraph in its entirety. Add the following subarticle to Article 7 -2: Subarticle 7 -2.2.1 "7 -2.2.1 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES) PERMIT CONDITIONS: Storm Water Pollution Prevention Plan (PPP): The Owner shall be responsible for developing the PPP in accordance with the terms and conditions of the U.S. Environmental Protection Agency's NPDES General Permits for Storm Water discharges associated with Construction Activities. The Contractor, and his subcontractors, shall be responsible for implementing the best management practices and measures identified in the PPP. The Contractor, and any sub- contractor must acknowledge that he understands the terms and conditions of the EPA NPDES General Permit. The Contractor and his subcontractors shall make such certification in the attached form entitled "Contractor's Certification Pollution Prevention Plan (J- 1 -9)." Such certification shall be made part of this contract document. In the event there are no permits required to construct the project, or the approved permits do not specifically address erosion and water pollution or they do not contain special conditions relating to erosion and water pollution, the project erosion control plan shall be governed by Subarticles 7 -1.1, 7 -2.2, 7 -8.1, 7 -8.2, and Articles 104 -1 through 104 -10." ARTICLE 7 -5 Delete the provisions of this article in their entirety and substitute the following in lieu thereof- "7-5 Restoration of Surfaces Opened by Permit. The Owner reserves the right to allow partiesother than the Contractor or its subcontractors, upon presentation of a duly authorized and satisfactory Collier County Rights -of -Way Permit, to make openings in the existing highway within the limits of construction. In all such instances, the Contractor will afford parties bearing such permits reasonable opportunity for the proper execution of the work under Permit including the right to store materials and equipment. All parties authorized to perform work within the right -of -way shall make, in an acceptable manner, all necessary repairs due to such openings J -1 -7 - Ver. J -1- .-.... C M BE CONTRACTOR'S CERTIFICATION POLLUTION PREVENTION PLAN Facility Identification Facility Name: 13`h Street SW Widenine Project No. 69068 Owner: Collier County Board of County Commissioners Facility Location: 13`h Street SW City: Naples County: Collier State: Florida Latitude 26 009' Longitude: 81 043' Section: _ Township: 49S Range: 27E Certification Statement I certify under penalty of law that I understand the terms and conditions of the general National Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water discharge associated with industrial activity from the construction site identified as part of this certification. (The certification must be signed by a responsible corporate officer which means a: 1) president, secretary, treasurer, or vice - president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision - making functions for the corporation or 2) for a partnership or sole proprietorship, by a general partner or the proprietor.) For: (Type name of company) -. By: (Principal's Signature) (Date) Name: (Print or Type) Title: (Print or Type) Address: Telephone No: J -1 -8 . Ver J -7- cnw 1662 and such work ordered by the Engineer shall be subject to the conditions specified in Collier County Ordinance No. 82 -91." Subarticle 7 -7.2 Expand this Subarticle as follows: "The Contractor's attention is directed to the fact that it will be his responsibility to determine the means of transport of the oversize and/or overweight structural members from the site of casting of fabrication to the _- project site." Subarticle 7 -7.3 Delete the text and substitute the following "Where it is necessary to cross an existing County road or street, including specifically the existing and proposed travel lanes within the limits of the project, permits will be granted by the Engineer, upon the request of the Contractor, for such crossing by overloaded or oversize equipment and crossing will be permitted only at designated points. The Engineer will designate the point, or points, at which the crossing shall be made, and may require protection of the pavement at the crossing by use of lumber, planks, asphalt, fill or other materials. The Contractor will be required to provide flagging and watchman service, or approved signal devices, for the protection of traffic at all such crossings, in accordance with an approved maintenance of traffic plan to be submitted by the Contractor for such purpose." Subarticle 7 -7.5 Delete the text and substitute the following. "The Contractor shall, at Contractor's expense, hire a Professional Engineer, registered in the State of Florida, to analyze the effect of imposed loads on structures or underground facilities -_, Resulting from the following operations: (1) Overloaded Equipment as defined in 7 -7.2 (a) operating on or crossing over completed structures, or completed underground facilities. _w (b)operating on or crossing over partially completed structures or partially completed underground facilities. (2) Equipment within legal load limits: (a)operating on or crossing over partially completed structures or partially completed underground facilities. A completed structure or underground facility (storm, sanitary and water pipe systems; underground utility structures, etc.) is a structure or underground facility in which all elemental components comprising the total load carrying assembly have been completed, assembled and connected in their final position. The components to be considered shall also include any related mediums transferring load to any structure or underground facility such as backfill, embankment, subgrade, base and pavement where any such structure or underground facility is situated beneath the finished surface. The Professional Engineer shall determine the effect the equipment loads have on the structure and the procedures by which the loaded equipment can be used without exceeding the load capacity for which the structure was designed. The Contractor shall submit to the Engineer for approval two (2) copies of design calculation, layout drawings and erection drawings showing how his equipment is to be used so that the structures will not be over stressed. These requirements as specified under 7 -7.5 shall be prerequisite and mandatory to securing a permit for overloaded equipment as indicated in 7 -7.2 and 7 -7.3." ARTICLE 7 -9 Add the following to this article: "The Contractor must obtain written authorization from the Engineer prior to undertaking any work associated with the use of explosives. All such operations shall be performed in compliance with Collier County Ordinance No. 73 -11 and No. 82 -94, as may be amended. Rock excavation shall be attempted without blasting." J -1 -9 - Ver J -1- - care I 6B2 14 1 Subarticle 7 -11.1 The following is added to this subarticle: "Damage to Collier County Water -Sewer District pipelines and structures shall be repaired in accordance to the Collier County Utilities Standards and Procedures Ordinance No. 97 -17 and all amendments thereto. All other property damaged shall be restored to a condition similar or equal to that u existing before such damage or injury was done by the Contractor, and at his own expense, or he shall make good such damage or injury in an acceptable manner." Subarticle 7 -12.1 Delete this subarticle in its entirety. See Section 13 in Exhibit H. ARTICLE 7 -13 Delete this article in its entirety. See Section 13 in Exhibit H, and Exhibit B "Insurance Requirements ". ARTICLE 7 -14 Delete this article in its entirety. See Section 25 in Exhibit H. ARTICLE 7 -16 Delete this article in its entirety. ARTICLE 7 -17 Delete the provisions of this article in their entirety and substitute the following in lieu thereof: "Supplemental Agreements (inclusive of Change Orders) shall be authorized in accordance with purchasing policies adopted by the Owner." ARTICLE 7 -23 Delete this article in its entirety. SECTION 8 — PROSECUTION AND PROGRESS Subarticle 8 -3.1 Delete this subarticle in its entirety. Subarticle 8 -3.2 Delete the provisions of this subarticle in their entirety. See Section 3 in Exhibit H. Subarticle 8 -3.3 In the ninth line delete the phrase "30 days" and substitute the phrase "90 days" in lieu thereof. Subarticle 8 -3.5 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof: "After the award of contract and prior to the issuance of the `Notice to Proceed with Contract Work', a conference will be held to discuss the date for the `Notice to Proceed' and the effective date to be contained therein, to establish procedures for handling shop drawings and other submissions and for processing applications for payment, and to establish a working understanding between the parties as to Contractor's project management responsibilities. Present at the conference will be the Contractor and his Subcontractors, Utility companies and the Engineer. The time and place of this conference will be set by the Engineer. The Contractor shall be represented at the conference by a person authorized to speak on behalf of the Contractor, together with all of the Contractor's supervisory personnel who will be on the project continually; and shall submit all required plans, sketches, data and other material at that time as specified in the special provisions and standard specifications. The Contractor shall submit the following minimum information to the Engineer for his review and approval on or prior to the date established for the pre - construction conference: a. Name /qualifications of the Contractor's proposed full -time superintendent. b. Name qualifications of the Contractor's representative for implementing and maintaining the Maintenance of Traffic plan during construction. � J -1 -10 Ver. J -1- 1682 c. Listing/qualifications of the Contractor's proposed subcontractors. d. Project Schedule. - e. Maintenance of Traffic plan. f. Quality control plan per section 330 -2.2 of the standard specifications. g. Type /location of Contractor's proposed field office if part of the Contract. h. Name /qualifications of Contractor's registered land surveyor and/or non - registered Land surveyor. i. Name /qualifications or Contractor's safety officer. Subarticle 8.3.6 Add the following new subarticle to article 8 -3. "8 -3.6 Progress Meetings: The Contractor shall attend regular progress meetings with and between the Owner field representatives and those of the Contractor, subcontractors, utility companies, and other parties having an interest in the Contract. The progress meetings shall be hosted by the Owner and held at locations to be mutually agreed upon by the Owner and the Contractor at two (2) week intervals, unless otherwise required by specific construction conditions. The purpose of such meetings shall include, but not be limited to, discussing all general aspects of the project and specifically addressing problem areas, schedules, progress payments, and other construction related items and issues. The Contractor is further obligated to assign a person to each progress meeting for the express purpose of taking and formally documenting the minutes of the meetings. The Contractor shall submit formal minutes of each progress meeting in typed format to the Engineer for his review and approval no later than seven (7) calendar days after the date on which each meeting was held. The Contractor and the Engineer shall sign the minutes documents prior to distribution to all attendees." —• Subarticle 8 -4.1.1 Add the following new subarticle to article 8 -4.1. "8-4.1.1 Holiday and weekend work: If work is authorized by the Engineer on holidays and weekends, the Contractor shall notify the Engineer seventy two (72) hours in advance '- of the time and date on which the Contractor or any of his subcontractors propose to perform work during such time periods to afford the Engineer ample time to effectively schedule his inspection personnel in accordance with the Contractor's timetable." Subarticle 8 -4.2 Add the following to this subarticle: "Specific requirements pertaining to the sequence of operations for constructing the project and maintaining traffic shall be included in the Contractor's project schedule." Subarticle 8 -4.4 Delete the first paragraph in its entirety and substitute the following in lieu thereof. "The Contractor shall schedule his work, dispose of his materials, and operate his equipment in a manner so as to not interfere with or delay the operations of other contractors engaged in work within or adjacent to the limits of construction under this Contract. Also, the Contractor shall, in accordance with the intent and spirit of the plans and specifications, coordinate and join his work to that of other contractors in the proper sequence as may be directed by the Engineer. "Other Contractors" as stated above shall mean the County, utility companies, or other general Contractors authorized by, or having separate agreements, with Collier County or the State of Florida Department of Transportation." Subarticle 8 -6.3 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof "8 -6.3 Permission to Suspend Work. The Contractor is not authorized to suspend or cease construction activities, operations, or maintenance of constructed improvements, nor remove equipment or materials necessary for the uninterrupted continuance of the work, unless such suspensions or cessations of work are approved by the Engineer in writing. - Ver. J -1- cnwa When the Prime Contractor's operations encounter or expose any abnormal condition which may indicate the presence of a hazardous waste, toxic waste, or contaminants, such operations shall cease immediately in the vicinity of the abnormal condition and the Engineer shall be notified. The presence of tanks or barrels; discolored earth, metal, wood, ground water, etc.; visible fumes; abnormal odors; excessively hot earth; smoke; or other conditions which appear abnormal may be indicators of hazardous or toxic wastes or _ contaminants and shall be treated with extraordinary caution. Every effort shall be made by the Contractor to minimize the spread of any contamination into uncontaminated areas. The Contractor will immediately provide for the health and safety of all workers at - the job site, as well as making any provisions necessary for the health and safety of the public that may be exposed to any potentially hazardous conditions. Such provisions shall be according to any applicable laws, rules or regulation covering the hazardous conditions and will be in a manner commensurate with the gravity of the conditions. The Contractor will provide access to the area of the potential contamination. Preliminary investigation by the County will determine what course of action will be necessary for the security of the site and what steps - are necessary under applicable laws, rules, and regulations for additional assessment and/or remediation work to resolve the contamination issue. The County will, as soon as possible, delineate the area(s) of contamination, any staging or holding area that may be required in conjunction with his work, and, in cooperation with the Contractor and Engineer, develop a work plan that will provide a schedule of the County's operations with projected completion dates for the final resolution of the contamination issue. Upon delineation of the contaminated areas and any staging holding areas associated therewith, the County shall maintain jurisdiction over all activities therein. The Contractor will also be responsible for providing - continuous access to these areas for the County and for representatives of any regulatory or enforcement agency having jurisdiction. The aforementioned schedule shall be used by both Contractor and County as a basis for planning the completion of both work efforts. Contract time extensions may be granted by the Engineer to the Contractor according to the provisions of 8- 7.3.2. It will be the responsibility of the Contractor to cooperate with the County to expedite the integration of the County's operations into the construction project. The Contractor will not be expected to engage in routine construction activities such as excavating, grading, or any type of soil manipulation, or in any construction processes that may be required to accommodate a construction feature if the handling of contaminated soil, surface water or ground water is involved in the process. All such routine construction activities will be by the County. Adjustments to quantities or to contract unit prices will be made according to any additions or reductions of work on the part of the Contractor in accordance with Article 9 -3 and Exhibit "H" of the Agreement. Under no circumstances will the Contractor resume operations in the affected area until so directed by the Engineer." Subarticle 8 -10.1 Delete this subarticle in its entirety SECTION 9 — MEASUREMENT AND PAYMENT ARTICLE 9 -4 Delete the provisions of this article in their entirety. Subarticle 9.6.1 Delete the schedule of this subarticle following the second paragraph and substitute the following: J -1 -12 - Ver. J -1- cnw •i Percentage of Contract Amount Completed Amount Retained 0% to 50% 10% of value of Contract Amount work completed _. 50% to 100% 0% of value of work exceeding 50% of Contract Amount Subarticle 9 -6.4 Delete the first paragraph of this Subarticle and substitute the following: "When the Engineer has given the Contractor a written Notice of Final Acceptance, and the Contractor has furnished to the County all submittals required by the Contract such as invoices, materials certifications, etc. (excluding Contractor's letter of acceptance of final amount due) and the Engineer has determined that the measurement and computation of pay quantities is correct, the retainage may be reduced to $1,000.00 plus any amount the County elects to deduct for unsatisfied claims for labor or material or for defective work as provided in 9 -6.3." Subarticle 9 -6.5.1 Add the following condition to the second paragraph: "(7) The Engineer will not authorize partial payments for materials stockpiled until such time as the Contractor furnishes the County evidence of legal title for the materials under consideration, free of liens or encumbrances of any kind. In addition to the receipt of certified invoices to document the value of materials received, the Engineer may request a properly executed Affidavit or Release of Lien attesting to the purchase of such materials." Subarticle 9 -6.7 Delete the first three lines of the first paragraph and the first sentence shall read: "The prime Contractor shall certify... for all work completed and materials furnished." Subarticle 9 -7.1 The second paragraph is deleted and the following substituted: "Not later than one month after the date of completion of the project, the Contractor shall furnish to the Engineer a certification of construction materials procured for the project by the prime and all subcontractors. This certification shall consist of a summary showing the quantity, unit of measure and kind of material, name of supplier and inclusive dates of purchase and shall include an affidavit, all to be completed on forms which are to be furnished by the Engineer or copies made therefrom." ARTICLE 9 -9 Delete the provisions of the second paragraph in their entirety. Delete the provision of Paragraphs (/) and (g) in their entirety. J -1 -13 Ver. J -1- CAOa ARTICLE 9 -12 Add the following article to Section 9. "9 -12 Final Affidavit and Release of all Claims by Contractor. Upon completion of the work and before the Final Payment is made, the Contractor shall execute an Affidavit and Release of All Claims in favor of the Owner in the manner and on the form as contained in the contract documents." ARTICLE 9 -13 Add the following article to Section 9. "Before Final Payment will be approved, the Contractor shall furnish to the Owner a guarantee in the form as found in the contract documents ". DIVISION II CONSTRUCTION DETAILS SECTION 100 — CONSTRUCTION EQUIPMENT — GENERAL REQUIREMENTS Subarticle 100 -2.1 This subarticle is expanded as follows: The Contractor is hereby responsible to provide, operate, and maintain all equipment (motor vehicles, mechanized equipment, and marine operations) in strict conformance with Part 1926: Safety and Health Regulations for Construction of the 29 Code of Federal Regulations (29 CFR) as published by the U.S. Department of Labor, Occupational Safety and Health Administration. SECTION 102- MAINTENANCE OF TRAFFIC Subarticle 102 -3.2.4 The text is deleted and the following substituted: "The Contractor shall provide trained flaggers to direct traffic where one -way operation in a single lane is in effect and in other situations as required in subarticle 102 -3.1. Training of the flaggers shall be provided by an individual who is certified by the Florida Department of Transportation (FDOT) in an Advanced Maintenance of Traffic Course. FDOT approved training materials shall be used for this training." SECTION 110 - CLEARING AND GRUBBING Subarticle 110 -2.4 Delete the provisions of this article and substitute the following in lieu thereof: "The Contractor shall remove and dispose of all boulders encountered within the limits of construction and which shall not be incorporated into the embankment, as specified under Section 120.: J -1 -14 - Ver. J -1- CA$Q 16 B2, SECTION 120 — EXCAVATION AND EMBANKMENT. Subarticle 120 -2.2 Delete the provisions of these subarticles in their entirety and substitute the following in lieu thereof "120 -2.2 Regular Excavation. Regular excavation shall consist of the excavation and the satisfactory on -site utilization or satisfactory off -site disposal of all types of materials, including loose rock and boulders, which - are encountered within designated excavation areas shown in the plans as necessary for the construction of the roadway embankment, roadway shoulders, roadway ditches, and other roadway and drainage improvements. The work of regular excavation shall include proper maintenance of excavated areas throughout the term of this Contract. If suitable materials are encountered which are not deemed acceptable by the Engineer for incorporation into the planned improvements, all quantities of such materials shall be disposed of by the Contractor at off -site locations approved by the Engineer; the payment of such work shall be made under contract pay item No. 120 -1, Regular Excavation. If the actual quantity of suitable roadway - excavation materials is less than specified in the proposal and plans, appropriate upward adjustments shall be authorized by the Engineer under the work of Embankment, Contract Item No. 120 -6." Subarticle 120 -2.2.1 Borrow Excavation. "Embankment shall consist of the excavation and satisfactory utilization of suitable material from off -site borrow pits provided by the Contractor as authorized by the Engineer. It shall only include quantities of material that are deemed suitable for construction of roadway embankments or of other work constructing embankments specified by the Contract. Appropriate downward or upward adjustments in the bid quantity of Embankment, contract pay item No. 120 -6, shall be authorized by the Engineer if deemed necessary because of changed conditions under the work classes of excavation, subsoil excavation, or lateral ditch excavation." Subarticle 120 -4.2 Add the following new paragraph to this subarticle: "Existing suitable bituminous hot mix and surface treatment pavement materials which are not suitable for Reclaimed Asphalt Pavement may be incorporated into the twelve (12) inch thick subgrade as a stabilizing additive, subject to the provisions of Sections 160 and 914 of the Standard Specifications and approval of the Engineer. Existing pavement materials may also be used in the embankment subject to the provisions of Section 120 of the Standard Specifications." Subarticle 120 -6.2 Delete the first paragraph in its entirety and substitute the following in lieu thereof — "Appropriate embankment materials shall be obtained from off -site areas furnished by the Contractor. As such, it shall be the Contractor's responsibility to secure the necessary laboratory test, rights, permits etc. to ensure compliance with these specifications and local (County) and State laws, rules, ordinances, policies and the like pertaining to borrow pits." Subarticle 120 -8.2.5 Add the following new subarticle. "120- 8.2.5. Placing Inside Standard Minimum Slope: All embankment material obtained from off -site borrow areas to be used for normal embankment construction inside the standard minimum slope (approximately 2 to 1) shall have a limerock bearing ration (LBR) strength of at least thirty-five (35)." J -1 -15 - Ver: J -1- w4a 16B2 Subarticle 120 - 13.3.1 Add the following: "Embankment shall be measured at final position and shall also include all costs of all suitable materials for constructing the embankment." SECTION 125 — EXCAVATION FOR STRUCTURES ARTICLE 125 -1 Add the following after the next to last sentence: "This section also includes the satisfactory removal of rock strata or rock boulders as may be encountered within the necessary excavation limits for bridge foundations, box culverts, pipe culverts, storm sewers, side drains, cross drains, and other similar structures indicated in the plans or listed in the first sentence herein, including the replacement of select fill (compacted) in areas of over - excavation." Subarticle 125 -4.1 This Subarticle is expanded by the following: "The Contractor(s) performing trench excavation shall adhere to OSHA trench excavation safety standards and special shoring requirements for trench excavation, if any, of the State or other political subdivisions. Inspections required by OSHA trench excavation safety standards shall be provided by the Contractor." ARTICLE 125 -11 Add the following statement: "The cost of excavating all types of materials (unclassified) including the blasting and removal of rock shall be included in the Contract pay items for structures as contained in the proposal for this project. Subarticle 125 -12.4 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof "The work of strengthening foundations (as provided in 125 -4.2) shall not be paid for separately, but rather the costs of undertaking such work shall be included in the various Contract items requiring excavation." Subarticle 125 -12.7 Delete this subarticle in its entirety and substitute the following in lieu thereof "When it cannot reasonably be anticipated from information contained in the plans, that material excavated for the structure will be unsuitable for use as backfill, and such material proves to be unsuitable for this use, the work of disposing of such material away from the site will be paid for by the Contractor as incidental to the structure requiring excavation, and the work of bringing in substitute material for the backfill will be paid for as specified for the particular case shown below: No additional payment will be made for backfill material obtained from surplus material available from the normal excavation or grading operations. When the necessary material is not available from the normal excavation or grading operations and no separate item for Borrow Excavation is included in the contract, any backfill material obtained by increasing the volume of excavation within the roadway right -of -way will be measured and paid for as regular excavation subject to the provisions of 9- 3.2.2. When authorization is given for obtaining the material from outside the right -of -way and from other than designated borrow areas, such excavation will be paid for as incidental to the structure — requiring excavation." Subarticle 125 -12.8 Delete this subarticle in its entirety and substitute the following in lieu thereof J -1 -16 - Ver. J -1- Cnr "125 -12.8 Pay Items: No separate payment will be made for excavating and backfilling for structures under this Section. All costs incidental thereto, including pipe bedding materials, shall be included in the contract price bid for the structure or items requiring excavation. SECTION 200 — LIMEROCK BASE ARTICLE 200 -2 Add the following to this Article. "At the Engineer's request, the Contractor shall furnish sufficient evidence, in a format deemed necessary by the Engineer, that the materials to be used in the construction of all limerock base meets or exceeds the requirements specified in Section 911. The Engineer may require, in addition to quality assurance reports which may be submitted by the Contractor for limerock material derived from the Contractor's source of supply, additional tests from time to time throughout the duration of the project. The Contractor shall furnish all material for such tests." Subarticle 200 -9 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof "200 -9 Measurements. Thickness of the base shall be measured by the Engineer prior to authorizing the Contractor to begin the prime coat application, and shall be measured at intervals not exceeding 200 feet. Measurements shall be taken at any point on the cross section at each interval through holes not less than three (3) inches in diameter. The Contractor shall provide the required labor, materials and equipment necessary to undertake all core borings specified by this article. No separate payment for core borings shall be authorized; rather, the costs for such work shall be considered incidental to the contract pay items for limerock base." SECTION 285 — OPTIONAL BASE COURSE Subarticle 285 -6.1 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof "285 -6.1 Measurements: Thickness of the base shall be measured by the Engineer prior to authorizing the Contractor to begin the primes coat application, and shall be measured at intervals not exceeding 200 feet. Measurements shall be taken at any point on the cross section at each interval through holes not less than two (2) inches in diameter. The Contractor shall provide the required labor, material, and equipment -•u necessary to undertake all core borings specified by this article. No separate payment for core borings shall be authorized; rather, the costs for such work shall be considered incidental to the contract pay items for optional base course." ARTICLE 285 -7 Delete the provisions of this article in their entirety and substitute the following in lieu thereof "285 -7 Calculations for Average Thickness of Base. The average thickness of the base shall be determined from borings taken by the Contractor, as specified in 285 -6.1, and shall be calculated from measurements taken by the Engineer as follows: (a) When the measured thickness is greater than the design thickness as shown on the typical sections, in the plans and proposal, it shall be considered as the design thickness. J -1 -17 Ver. J -1- CA043 1662 (b) Any areas of base which are left in place (deficient in thickness of more than '/2 inch from the design thickness) but for which no payment is to be made, as specified in 285 -6.1, shall not be taken into account in the calculations. © Where the material underlying the base is of such character that it is not readily distinguishable from the base material, thus making it impossible to establish the bottom of the base from core borings, the thickness of the base used in the measurement at such locations shall not exceed the specified thickness. (d) The Engineer may at his discretion, at the expense of the County, order additional core borings of base material prior to final acceptance of the project." SECTION 300 — PRIME AND TACK COATS FOR BASE COURSES ARTICLE 300 -9 This subarticle is deleted in its entirety and the following substituted: -- "Article 300 -9 Basis for payment. The cost of bituminous material, both prime and tack materials, determined as provided in article 300 -8, shall be included in the contract unit prices for the various types of work to which it is incidental. Additional prime and tack materials necessitated as a result of authorized increases in contract pay quantities shall also be included in the affected contract unit priced. No separate payment shall be authorized by the Engineer for either prime or tack coats." SECTION 330 — HOT BITUMINOUS MIXTURES QUALITY ASSURANCE - GENERAL CONSTRUCTION REQUIREMENTS AND ACCEPTANCE PROCEDURES Subarticle 330 -12.2 The text is deleted and the following substituted: - "330 -12.2 Longitudinal Joints. Where only a portion of the width of pavement is to be laid and the exposed edge opened to traffic, the edge shall not be vertical but sloped or rolled over and sealed. When the adjacent strip is constructed, the Engineer may require the edge of the mixture in place to be trimmed back where it was sloped or rolled over to expose an unsealed or granular vertical face in constructing the longitudinal joint for the adjacent -strip. Where the edge of the strip first laid is not opened to traffic, the edge shall be left joint for the adjacent strip." SECTION 430 — PIPE CULVERTS AND STORM SEWERS Subarticle 430 -4.4 Add the following: "During the grading operations it may be necessary for heavy construction equipment to travel over an installed pipe. Unless adequate protection is provided, the pipe may be subjected to load concentrations in excess of the design loads. Before heavy construction equipment is permitted to cross over a pipe, a temporary earth fill should be constructed to an elevation at least three feet over the top of the pipe. The fill should be of sufficient width to prevent possible lateral displacement of the pipe." Subarticle 430 -7.1.1 Applies for all pipes including side drains. Subarticle 430 -7.1.2 Delete this subarticle in its entirety. Subarticle 430 -12.1 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof J -1 -18 Ver. J.1- CAOQ WWR "430 -12.1. New Pipe.The quantities of storm sewer pipe, pipe culvert, cross drain pipe, side drain pipe, under drain pipe, and all similar drainage pipe materials specified in the proposal for this project shall be paid for on the basis of final measurements of accepted net lengths of the various types of pipe materials. Moreover the quantities to be paid for under this section for the various pipe types and sizes satisfactorily installed in under this section for the various pipe types and sizes satisfactorily installed in accordance with the plans are subject to amendments authorized by the Engineer; hence, the provisions of 9 -3.2 are applicable. In order that the Engineer may easily field measure the net length of pipe installed by the Contractor, backfilling of pipe trenches shall be coordinated with the Engineer. Where standard lengths of pipe must be field -cut to complete each particular run of a sewer system, the cost of such work shall be considered incidental to the various Contract items for pipe culverts and storm sewers." Subarticle 430 -13.10 The first paragraph of the subarticle is expanded as follows: "Upon completion of the work, and prior to full payment, all new pipe construction and existing pipes and structures that are to remain in use will be inspected by the Engineer to ensure that they are free of all debris and thoroughly cleaned. The cost of such cleaning shall be considered incidental to the various contract items for storm sewer pipes and structures listed in the proposal" SECTION 575 — SODDING ARTICLE 575 -1 Delete the definition of this Article in its entirety and substitute the following in lieu thereof- "575-1 Description. The work specified in the contract calls for establishing a stand of grass, within the areas specified, by the furnishing and placing of grass sod, and rolling, fertilizing, watering, and maintaining the sodded area such as to assure a healthy stand of grass free of noxious plant material. Any plant officially listed as being noxious or undesirable by any Federal Agency, any agency of the State of Florida or Collier County Government jurisdiction in which the project is being constructed shall not be used. The Contractor shall furnish to the Engineer, prior to incorporation onto the project, a certification from the Florida °- Department of Agriculture and Consumer Services, Division of Plant Industry, stating that the sodding materials are free of noxious weeds. Any such noxious plant or plant part found to be delivered in the sod will be removed by the Contractor at his or her expense. ARTICLE 575 -2 Delete the definition of this Article in its entirety and substitute the following in lieu thereof- Article 575 -2 Materials. All turf supplied shall be "Nursery Grown" or "Field Grown" for the purposes of sodding and shall be a "Premium Grade Sod" as specified below. The sod shall be cut, delivered and/or laid in accordance with the following specifications or the most current and accepted Horticultural Industry's Standards and Practices whichever is more restrictive. All sod shall be delivered to the site and be accompanied with a delivery ticket listing quantity, origin, date and time the sod was cut and loaded. Sod shall be delivered at the specified site within a twenty-four (24) - hour period after field cutting and shall be laid within a forty-eight (48) hour period after field cutting. Sod being transported for a time period greater than on (1) hour shall be covered during transport. The Contractor acknowledges that acceptance of any sod at any time of a Grade other than the Premium Grade specified in this Contract shall not establish a lessor standard or relieve the Contractor from providing the Premium Grade sod as specified for the duration of the Contract period. Premium Sod is defined as meeting the following specifications: J -1 -19 - Ver. J -t- " caw � 1 Soil Suitability: The sod must be grown in soil compatible to that in which it will be installed. Sand grown sod is turf grown on 90% natural sand. Muck grown sod is turf grown on soil containing 50% or greater amounts of organic materials by volume. Healthy and Weed Free: Each sod pad shall be insect and disease free, vigorous and have healthy green color in appearance. The sod shall be freshly mowed prior to cutting, and shall be in a healthy condition when laid. The top growth (grass blades or foliage), shall have no more than ten percent (10 %) chlorosis within the top growth and contain no thatch or dead vegetation layer within each pad. Sod shall be 100% free of noxious weeds and 99% free of undesirable broad leaf weeds and grasses, but in no case shall the - ° weeds exceed two percent (2 %) of the total sod pad. Pad Size: The individual sod pads shall be cut to industry standard widths and lengths with a deviation no greater than +/- five percent (5 %). Broken or uneven ended pads will not be accepted. Pad Thickness: The thickness of the cut sod shall be to the industry's standard, but in no case shall the thickness of the soil be less than one inch (1") in depth for St. Augustine and Bahia grasses. Strength of Pad: Standard size pads shall be mature, well rooted and contain a soil layer thick enough to provide a strength that will support the pad's weight and maintain it's size and shape when the pad is suspended vertically by hand on the upper ten percent (10 %) of the pad section without tearing apart. Moisture Content: The sod soil shall contain enough moisture so that the soil is not excessively dry or wet. In no case will the sod be accepted if the soil layer becomes hardened, loose so as not to hold it's shape, and/or hydrophobic in nature. The materials used in this work shall conform with the requirements of Division III. Specific references are as follows: (1) Sod ....................... ............................... 981 (2) Fertilizer ................. ............................... 982 (3) Water ..................... ............................... 983 The use of dolomitic limestone will be required only when so shown in the plans or specifications. The type of fertilizer to be used and the rate of application shall be as shown in the plans or specifications. When no specific type is called for, Type I Fertilizer shall be used. SECTION 700 — HIGHWAY SIGNING Subarticle 700 -2.5 The text is deleted and the following substituted: "700 -2.5 Sign Background. Background sheeting and white legends, borders, and shields on all signs shall be Type III -A, III -B, or III -C sheeting." ARTICLE 700 -12 The following new article is added. "700 -12 Existing Signs. The Contractor is advised that all existing ground mounted and overhead signs within the project limits shall remain the ownership of the County. All such signs shall be utilized by the Contractor for maintenance of traffic purposes throughout the period of the Contract, and shall be removed and relocated to new locations within the project limits as deemed necessary and directed by the Engineer. The cost of work specified in this article shall be included in the Contract. At the completion of the contract or at such times as may be specified by the Engineer during execution of the contract, when individual signs are determined by the Engineer as no longer serving a useful function, the Contractor shall remove, clean, protect from damage, and stockpile such signs at selected locations J -1 -20 - Ver J -1. — CPl43 16B2 within the project limits. The Engineer will deduct sufficient monies from the partial monthly estimates to cover the costs of signs which are indiscriminately damaged or destroyed by the Contractor's operations." DIVISION III MATERIALS SECTION 941— CONCRETE PIPE (FOR CULVERT AND UNDERDRAINS) SUBARTICLE 941 -1.1 (Page 876) is deleted and the following substituted: 941 -1.1 General Specifications. Concrete pipe shall meet Class III design requirements as called for in the plans and the specific requirements of this Section. The process of manufacture and the details of the pipe design, including strength of concrete, will comply with the Standard Operating Procedure for the inspection of Precast Drainage Products. SUBARTICLE 941 -1.2 (Page 876) is deleted and the following substituted. 941 -1.2 Specific Requirements. 941 -1.2.1 Steel Reinforced Concrete Pipe. Meet ASTM C 76[ASTM C 76M] and the modifications to ASTM C 76 [ASTM C 76M] set forth in 941 -1.3. For Special Designs meet the requirements of ASTM C 655 [ASTM C655]. Pipe designated Class S, will meet the requirements for ASTM C655 [ASTM C655] and the 0.01 inch [0.03 mm] crack and ultimate D — loads given on the Roadway and Traffic Design Standards, Index 205. Such pipe shall be properly marked. 941 -1.2.2 Non - Reinforced Concrete Pipe: Meet ASTM C 985 [ASTM C 985M] and the — ultimate D — loads given on the Design Standards, Index 205 with the following exception: Modify material requirements set forth in ASTM C 985 [ASTM C 985M] with the material requirements set forth in 941 - 1.3(a). Such pipe shall be properly marked. 941 -1.2.3 Fiber Reinforced Concrete Pipe. Meet ASTM C 1450 and the modification to ASTM 1450 set forth in 941 -1.7. Such pipe shall be properly marked. SUBARTICLE 941 -1.5 (Page 877) is deleted and the following substituted: 941 -1.5 Special Requirements for Pipe Joints when Rubber Gaskets are to be Used. SUBARTICLE 941 -1.5.1 (Page 877) is deleted and the following substituted: 941 -1.5.1 General. When rubber gaskets are to be installed in the pipe joint, the gasket shall be the sole element relied onto maintain a tight joint. Test pipe joints at the plant hydrostatically using test methods in ASTM C -433. Soil tight joints must be watertight to 2 psi [13.8 kPa]. Watertight joints must be - watertight to 5 psi [34.5 kPa] unless a higher pressure rating is required in the plans. ARTICLE 941 -1 (Pages 876 -878) is expanded by the following new Subarticle: 941 -1.7 Modifications to ASTM C 1450: Modify the provisions of ASTM C 1450 with the following: Material requirements shall meet requirements set forth in 941- 1.3(a). In addition, fiber reinforced concrete pipe shall be _a designated Class S, Class I, Class II, Class III and Class IV. The corresponding strength requirements are given in the following table: J -1 -21 . Ver. J -1- ,r,82 Minimum Long -Term Service D -Load: Pipe Class D Load D Load N /m/mm Lb /ft/ft S 30 600 I 40 800 II 50 1000 III 65 1350 IV 100 2000 The manufacturer shall provide the relationship between short-term crush loads required to achieve 100 -year long -term design loads. In addition, the manufacturer shall provide the relationship between the saturated and dry crush loads. The minimum dry crush load shall not be less than a factor of 2 times the long -term service load. The short term crush load shall be determined as required in Section 10.2 of ASTMC 1450 except the specimen shall be tested by the appropriate section of ASTM C 497, External Load Crushing Strength by the Three -Edge Bearing Test Method. Expand Section 5.1 of ASTM C 1450 with the following: The manufacturer shall state the type of fiber used in the pipe and provide the Department with documented evidence that the fibers employed are compatible with other materials of manufacture. The pipe manufacturer will establish quality control assurance procedures to ensure that the fibers used in the manufacture of the pipe are of consistent composition and - quality. The assurance procedures will be subject to the approval of the Department. Expand Section 6 of ASTM C 1450 with the following: The manufacturer shall state the minimum wall dimensions of the pipe that complies with the minimum crush loads presented in the table above. - In lieu of Section 6.2 of ASTM C 1450 meet the following: The under run in length of a section of pipe shall not be more than 1/8 in/ft [10 mm/m] with a maximum of % inch [12.7mm] in any single pipe. In lieu of Section 6.3 of ASTM C 1450 meet the following: The average inside diameter shall not be less than the nominal size by more that 0.25 inch [6 mm] or 1.5% of the nominal size, whichever is the greater value. In lieu of Section 7.1 of ASTM C 1450 meet the following: All material tested under this Specification shall be tested in the saturated condition after immersion in water at an ambient temperature above 418F [58 C] for - a period of 21 to 28 days immediately prior to testing. In lieu of Section 8 of ASTM C 1450 meet the following: Each length of pipe shall be provided with a joint for the purpose of maintaining alignment and to ensure a close joint. Joints shall be of a design and the ends of the pipe sections are laid together they will make a continuous line of pipe with a smooth interior free of appreciable irregularities and compatible with the tolerances in Section 6. J -1 -22 . Ver. J -1- •,..,,. cares EXHIBIT K PERMITS TR- CA -K -1 1/30/2004 1:11 PM 1 '562 ' I EXHIBIT L PLANS AND SPECIFICATIONS PREPARED BY Wilson Miller, Inc. and identified as follows: 13th Street SW Widening Project as shown on sheets 1- 59. TR- CA -L -1 1/30/2004 1:11 PM MEMORANDUM Date: April 14, 2004 To: Pamela Lulich Projet Manager Traffic Operations Modes 1685 "! and Alternative Transportation From: Maureen Kenyon, Deputy Clerk Minutes & Records Department Re: Agreement which gives donated plants to homeowners for use as road buffering and general beautification along Vanderbilt Beach Road. Enclosed please find two original Agreements as referenced above, approved by the Board of County Commissioners on April 13, 2004 (Agenda Item #16B5). Kindly forward these documents to the appropriate parties for the required signatures and upon completion, return one fully executed original of each to Minutes & Records. If you should have any questions, please contact me at: 774 -8406. Thank you. Enclosures 1685 TREE ACCEPTANCE AGREEMENT This Tree Acceptance Agreement is entered into this 19th day of March, 2004, by and between Collier County, Florida, a political subdivision of the State of Florida whose mailing address is 3301 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as the "County"), and the Oakes Estates Advisory, Inc., whose mailing address is PO Box 111046, Naples FL 34108 -1146 (hereinafter referred to as the "Board "). 1. The County will give to the Board, free of charge, the trees identified in Exhibit "A ". The trees are to be used for road buffering and general beautification of Vanderbilt Beach Road. The Board will distribute the trees to individual homeowners who will plant and maintain these trees at their sole expense. All homeowners who accept a tree must sign the acknowledgment below and agree to be bound by the terms and conditions of this Agreement. The trees are to be planted within the general area set forth in Exhibit "B." The Association shall be responsible for all delivery charges. 2. These trees are being donated in "As Is" condition. The County makes no warranties, express or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose. Without limiting the foregoing, County makes no warranty or representation with respect to the health of the trees, or their suitability for the intended use as road buffering. Both the Board and all of the undersigned homeowners expressly release and discharge the County from any and all claims, present or future, arising from the trees. In Witness Whereof, the parties have caused these presents to be executed on the day and date first above written. `* t N , ATTEST: Aw ight oc k,'Clerk - tiuV i('7�jj WITNESSES: Printed Name: Printed Name: to Legal Form and Sufficiency: Klatzkow �ounty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY LORIDA Donna tiala, Chairman Oakes Estates Advisory, Inc. By: Printed Name: Karl ry Title: President 1 of 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT O THE BOARD OF COUNTY COMMISSIONERS OFFICE FO I .-r Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The p rjai;73 and arigttipl documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routine lines #1 throuah #4- complete the checktict_ and fn„ -i t. IZ— Pa.— n;.,o Route to Addressee(s) List in routing order Office Initials Date 1.Heidi F. Ashton County Attorney's Office Initial Applic able 2. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number Resolution 2004 -209 3. 5110105 Item 16B1 Phase II 4. Drainage & Utility Easement; Donation Number of Original 3 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Hope Brack Phone Number 213 -5845 Contact app riate. Initial Applic able Agenda Date Item w Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number Resolution 2004 -209 Approved by the BCC 5110105 Item 16B1 Phase II Type of Document Drainage & Utility Easement; Donation Number of Original 3 Attached Agreement; Gap Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not app riate. Initial Applic able 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (see above) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 PROJECT: Immokalee 5`h Street Ditch PARCEL: Palmetto Park, Blk 1, Lots 1 -6 DONATION AGREEMENT 1685 *1 THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this /� day of I'N444J , 2005, by and between DORCAS FRANKLIN N /K/A DORCAS FRANKLIN HOWARD and HUEY P. HOWARD whose mailing address is p.o. Box 154, Immokalee, Florida (hereinafter referred to as "Owner''), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County "). W ITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive Drainage and Utility Easement over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property "), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County. NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Property to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of a properly executed easement instrument) is hereinafter referred to as the "Closing." 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 4. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 5. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no Agreement 16a�, knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. County shall pay all fees to record any curative instruments required to clear title, all Easement recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any compensation, costs and /or fees required to secure and record releases or satisfactions, shall be the responsibility of the Owner. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 10. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 11. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the parties have caused these presents to be-executed the date and year first above written. t,t itf Ai 111f/ AS T 9. COUNTY- ; D�TED&D .G�`�o5 Aftest AS fiI�Chitrsan's t+�' Atw e'J A1x. ANNT1— , DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: W Fred W. Coyle, Chairman Agreement AS TO OWNER: WITNESSES: Wkhess (Signature) Name:J-4 Ja f�- 7g-1� (Print) itness (Signaturfl Name:13r;c,,, �rJ,lager (Print) WITNESSES: Wit6ess (Signature) Name: JZEJM,Jefl (Print) fitness (Signature) Name: ZPia, ia42r' (Print) Approved as to form and legal sufficiency: Heidi shton Assistant County Attorney LOOM V HUE P. HOWARD Agend ' I Date 5 C s Date Recd FILE: 05010.DNG _ 0 � C " zz Z cn L4 D D Pj 1; A .� rri,�, a o LA N 777 7 nn ;go EQ Ul�9z O '� d rry r� r Q Z tai ,� �. � r, ,,• r � � 'i �' s Nab i- O Za.j O x dS +I E >� W.�.�Zn O� p CU1° O .. Z Y CA y, cbmuo CA in m -30W r�. reft a Z. s,ta"a`.. ✓� ..;} �.wtC±'YS Sks..,_r: ,t ir:• _.,'.: U D' C+ d ' =" ) 2 EXHIBIT Paw Of s 0or�'N c� Z � o 0 ox�r Z a� k< z � CA 'O* 0 z CA InV00 20. a od � dm� O oE"� z� an 0 x D z wz�, �+ CA te, cbh S�ocn o� 0 tva'� x C o N C a '0 x H ZP A M m b O WORK ORDER # UC - 004 "UNDERGROUND UTILITY CONTRACTING SERVICES" 1606 Contract #04 -3535 This Work Order is for Underground Utility Contracting Services, subject to the terms and conditions of the Contract referenced above, for Work known as: PROJECT: Immokalee Fifth Street Ditch Project The work is specified in the proposal dated March 12, 2004 from Kyle Construction Inc., which is attached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # UC - 004 is assigned to Kyle Construction, Inc. Scope: Contractor to supply labor and material. Schedule of Work: Complete within 60 days from the notice to proceed date. Liquidated Damages: $334.55 per day. Compensation: The County will compensate the Firm in accordance with the amount provided in the attached schedule. TOTAL FEE $ 371,856.59 (see attached for bid form breakdown) Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. PREPARED BY: 3 12- 4- O4 Gerald N. Kurtz, P.E., Seni ngineer Date Stormwater MV age ment ctio n V Road Maintenance Department s REVIEWED BY: - Dafe lie!, �erim Director tRoad Maenpgq Department PPROVED BY: Norm; Trans Feder, A.I.C.P., Administrator rtation Services ATTEST ,'�V Dwighti� . Brock,.Clerk By 150utyckerr, 7. Date Attest as to Chairman -$ t i aiture only. ATTEST: (Corpor to Secr tary_ ) P, s By. 9 +( LAW AA 4e,4 I+ firn (Print Name/Title) 3 LY Date BOARD OF COUNTY COMMISSIONERS Collier C7)11-,, Florida By: Do na Fiala, Chairman KYbE;C ON TION, INCt. Charles E. Abraham, Vice Preslde.,t Item # Agenda Approved as to Form and D:,te Legal Sufficienc ? Rt;te Rt. c'd Assist nt -o d —ntV Attorney Depu y Clerk G:G:\Stormwater Management Section \CAPITAL PROJECTS \51725 Immokalee 5th Street Ditch \Documents \Work Order Kyle Construction. doc 3/18/2004 9 f Project: Immokalee 5th Street Ditch Enclosure TEMPORARY CONSTRUCTION LICENSE This Temporary Construction License, is entered into this .5'�6 day of April, 2004, by the RSG Family Limited Partnership - Immokalee, a Florida limited partnership, whose address is P.O. Box 1550, Marco Island, Florida 34146, hereinafter known as "Grantor" and Collier County, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter known as "Grantee." Grantor, for and in consideration of Ten Dollars ($10.00) and other valuable consideration to it in hand paid, does hereby grant unto Grantee the temporary license and right to enter upon a certain of real property owned by Grantor as legally described in Exhibit A attached hereto and made a part hereof (the "Property "), upon the following terms and conditions: 1. This License is for the express purpose of allowing Grantee to enter upon the Property so that Grantee will have sufficient access to an existing public easement neighboring the Property in order to construct certain public facilities on the easement. 2. All right and privilege herein granted shall terminate upon the first to occur of any of the following: 1) August 31, 2004; or 2) Upon not less then thirty (30) days prior notice from either party to the other; or 3) Grantee transfers, assigns, sublicenses, leases or otherwise conveys or attempts to convey this License or any interest herein to another entity or person. Upon request, Grantee shall execute such documents as requested by Grantor to confirm the termination of this Agreement. 3. Grantee represents that it is authorized to enter into this Agreement. 4. If in exercising any rights hereunder, Grantee disturbs or otherwise causes damage to the Property, Grantee shall restore the Property to the same condition it was before damage occurred, including repair to pavement, fencing or other improvements located on the Property. Grantee shall clean up debris caused by Grantee's activities at the Property and properly dispose of all construction materials. 16B5 ACKNOWLEDGEMENT I have read this Tree Acceptance Agreement. I agree to be bound by all of the terms and conditions of this Agreement, and understand that the trees are being given to me free of cost, is "As Is" condition, with no warranty or representation being made to me by anyone. Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: 2 of 2 U Grantee shall clean up debris caused by Grantee's activities at the Property and properly dispose of all construction materials. 5. Grantee accepts full control over the Property and liability for any claims, proceedings, obligations, assessments, losses, costs, damages and expenses, of any nature whatsoever, to person or property, including, without limitation, attorneys' fees, court costs and arbitration costs, which are incurred, sustained, suffered or assessed because, or arising out of, or as a result of Grantee's acts or omissions in connection with or failure to comply with this Agreement. Upon request, Grantee shall display evidence of insurance satisfactory to Grantor to cover the foregoing indemnity obligations. 6. Grantee shall not bring any hazardous materials onto the Property and shall at all times comply with environmental laws affecting the Property. 7. Any notices desired or required to be given pursuant this Agreement shall be deemed to have been given, made or sent when made by personal service or deposited in the United States first class mail certified and postage prepaid and properly addressed as follows: If to Grantor: If to Grantee: RSG Family Limited Partnership - Immokalee Collier County P.O. Box 1550 3301 Tamiami Trail East Marco Island, FL 34146 Naples, FL 34112 The address to which any notice should be given, made or sent to either party may be changed by written notice given by such party as above provided. 8. If at any time, any lender of Grantor alleges that this Agreement violates the terms of any mortgage or deed of trust recorded against the Property or any part thereof, Grantee agrees to make such changes to this Agreement as shall be necessary to satisfy such lender, including terminating this License if such lender maintains that this Agreement violates its loan documents. 9. This Agreement is subject and subordinate to all present and future liens of any mortgages or trust deeds now and hereafter in force against the Property and to all extensions, modifications, consolidations and replacements thereof. Grantee shall at Grantor's request execute such further instruments or assurances as Grantor may deem necessary to further evidence, confirm or effectuate such subordination of this Agreement or, if requested by any mortgagee, to make Grantee's interest superior thereto. 10. All covenants, terms, provisions and conditions herein contained shall inure and extend to, and be obligatory upon, the successors, lessees and assigns of the respective parties hereto. FA f r • 11. This Agreement contains the entire understanding between the parties hereto. There are no representations, agreements, arrangements or understandings, oral or written, between the parties hereto relating to the subject matter of this Agreement which are not fully expressed herein. 12. No modification, waiver or amendment of the Agreement or any of its conditions or provisions shall be binding unless the same is in writing, signed by the parties hereto. 13. If any portion of this Agreement shall be, for any reason, declared invalid or unenforceable, the remaining portion or portions shall nevertheless be valid, enforceable and carried into effect to the fullest extent permitted, and the invalid or unenforceable portion shall be reformed, if possible, so as to be valid and enforceable. 14. This Agreement shall be governed by the laws of the State of Florida. 15. The failure of either party at any time to require performance of any provisions hereof shall in no manner affect the right at a later time to enforce the same. No waiver by either party hereto of the breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of the breach of any other term or covenant contained in this Agreement. 16. Time is of the essence of this Agreement. 17. Grantee shall not record or cause any of her person to record anything in the public records affecting the Property without obtaining Grantor's prior written consent. wou IN WITNESS WHEREOF, the parties have executed this License as of the date set forth above. IN WITNESS WHEREOF, the Grantor and Grantee have caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY: DATED: o ATTEST: .p�dVHT E. BROCK, Clerk BY: Attest a X11 epu y Jerk sign V A TO' OWNER: WITNESS: Witness (Signature) ��-44 6� 4,� <1, Witness (Print) JA a . Witness (Signature) Witness (Print) Item # 04k Agenda Date � Date, Recd Y J RSG FAMILY LIMITED PARTNERSHIP - IMMOKALEE, a Florida limited partnership Y: BARFIELD BAY HOLDINGS, INC., a rida corpor 'on, its general partner By: Ro L. Glas, President 4 MM a m 0 ' o a 0 i m c I a 0 D m Z c m 0 0 m D m 0 0 I < m Z c m -- 5th—(60' ROW)— STREET — -- - - -- z L o TOWNSHIP 47 SOUTH, RANGE 29 EAST o t I O rte_ '*1rz r, mNAOn'< EA C W y O WDmZ r1� o �bdero� t"�aaz� O �m O D Z -I A om � CA O -q .0 0�� r^ m � O v D A a 0 o Z z=', z _< 'm;jm j mZ�m Aw ?OC - 00N OR. N �O� z�1 1 =C �- CA m �m =A Z 0 1 r1 L Z '-o 0 0 m D m 0 0 I < m Z c m -- 5th—(60' ROW)— STREET — -- - - -- z L o TOWNSHIP 47 SOUTH, RANGE 29 EAST 4 C) -'1/1 �-1 000 \= O rte_ '*1rz r, mNAOn'< EA C W ° 2 O WDmZ r1� 0 �Om C04+AN -i ?z O �m O D Z -I A om � CA O -q .0 0�� r^ m }� I., 1 v D A a 0 o Z z=', z _< �0O'Ix- m0�2'A r1<A mZ�m Aw ?OC - 00N OR. N �O� z�1 1 =C �- CA 0 0 m D m 0 0 I < m Z c m -- 5th—(60' ROW)— STREET — -- - - -- EAST UNE OF THE SE 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST 0.0L"0 -uo OAas-n 00 C) -'1/1 �-1 000 \= O��V1A r1r Am 140, rte_ '*1rz r, mNAOn'< r-*CA"1 =mOA Orp WDmZ r1� 0 �Om C04+AN -i n�lA/1 -�1 0p.�4 tN0 vam�rvT O 144 0:* -I A om � CA O -q .0 0�� mo050.. AGOr+tZr+1= "S. ST. * 0 =v v D A a 0 M pA A A mz'1 Q� z=', z _< �0O'Ix- m0�2'A r1<A mZ�m Aw ?OC - 00N OR. N �O� z�1 1 =C �- N (AOSAr�- �m m �m =A m 0 1 r1 L Z M i � MEMORANDUM Date: April 14, 2004 To: Pamela Lulich Projet Manager Traffic Operations Modes and Alternative Transportation From: Maureen Kenyon, Deputy Clerk Minutes & Records Department Re: Resolution 2004 -98 and Highway Landscaping Installation and Maintenance Agreement for SR 93/I -75 at Golden Gate. Enclosed please find four original Resolutions 2004 -98 and four Highway Landscaping Installation and Maintenance Agreements SR93/I -75 at Golden Gate as referenced above, approved by the Board of County Commissioners on April 13, 2004 (Agenda Item #16B8). Kindly forward these documents to the State of Florida Department of Transportation for the required signatures and upon completion, return one fully executed original of each to Minutes & Records. If you should have any questions, please contact me at: 774 -8406. Thank you. Enclosures RESOLUTION NO. 2004- 98 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING AND AUTHORIZING THE CHAIRMAN TO SIGN A HIGHWAY LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE NEW 1 -75 /GOLDEN GATE PARKWAY INTERCHANGE. WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Highway Landscaping Installation and Maintenance Agreement ( "Agreement ") with Collier County, wherein FDOT will fund significant landscape improvements at the new I75 /Golden Gate Parkway Interchange, providing that the County maintain such landscaping in the future; and WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to move forward with this project, as defined in the Agreement, and that this Agreement is in the best interests of the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners approves the Agreement; authorizes its Chairman, Donna Fiala, to execute the Agreement; and directs that the Collier County Clerk forward a certified copy of this Resolution to the FDOT along with the executed Agreement. This Resolution adopted after motion, second and majority vote favoring same, this day of -, , 2004: • . ATTEST: BOARD OF COUNTY COMMISSIONERS - DWIGHT E: AkOCK, Clerk OF COLLIER LINTY, FLORIDA ' By: d7-s -nec.i e erk DONNA FIALA, Chairman Att st as to Chalmma= sipatprt only. to form and legal sufficiency: Attorney 41 N 1608 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of .20 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT ", and "COLLIER COUNTY BOARD* OF COUNTY COMMISSIONERS" , hereinafter referred to as the "AGENCY ". WITNESSETH WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 93/ I -75 as part of the State Highway System; and WHEREAS, the AGENCY seeks to install and maintain certain landscape development improvements within the unpaved areas within the right -of -way of State Road 93/ I -75; Section 031750 from Mile Post 53.341 to Mile Post 54.691, hereinafter referred to as the "PROJECT"; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution dated , attached hereto and made a part hereof, has authorized its Agreement on behalf of the AGENCY; a copy of which is to enter into this NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The AGENCY hereby assures the DEPARTMENT, that prior to submitting this Agreement, it has: (a) Ascertained the location of all existing utilities, both aerial and underground. A letter of notification and plan of the landscape development improvements was mailed on N /A, to the following utilities /municipalities: (b) Complied with all permit requirements from the appropriate agencies (county, municipality, etc.) in connection with the activities described hereunder. Outdoor advertising is specifically excluded from this Agreement in accordance with Section 479.11, Florida Statutes. 16 8'ffi 2. The AGENCY hereby agrees to install the landscape improvements in accordance with the Landscape Development Plan included as Exhibit "A ", attached hereto and by this reference made a part hereof. Such installation shall be in conformance with Rule 14-40, Florida Administrative Code, and the Highway Landscape Beautification and Plan Review Procedure (Topic 650 -050- 001 -c), as they may be amended from time to time. 3. The AGENCY agrees to maintain the landscape improvements in accordance with the Technical Maintenance Plan included as Exhibit "B ", attached hereto and by this reference made apart hereof. 4. Designated personnel as directed by the District Secretary or his designee may inspect and evaluate this project and issue a written report if a deficiency or unsatisfactory condition is noted. If deficiencies and/or unsatisfactory conditions are not corrected within thirty (30) days, the District Secretary or his designee shall have the option to do one of two things: (a) Correct and maintain the landscape improvements with DEPARTMENT's contractor or DEPARTMENT's personnel and charge the AGENCY for the reasonable value of said work. (b) Remove by DEPARTMENT's contractor or DEPARTMENT's personnel all landscape improvements, return the right -of -way to its original condition and charge the AGENCY the reasonable value for such work. 5. To the extent permitted by Section 768.28, Florida Statutes, the AGENCY shall indemnify, defend, save and hold harmless, the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the AGENCY, its officers, agents, or employees or due to any negligent act or occurrence of omission or commission of the AGENCY, its officers, agents, or employees. Neither the AGENCY, nor any of its officers, agents, or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of the DEPARTMENT or any of its officers, agents or employees. 6. The AGENCY covenants to keep in force during the.period of this Agreement public liability insurance, property damage insurance and worker's compensation insurance through an insurance policy(ies) or the AGENCY's self insurance program. 7. This Agreement shall remain in effect until such time the AGENCY or DEPARTMENT wishes to cancel said agreement and this shall be done in writing giving the AGENCY or DEPARTMENT thirty (30) days notice. All landscape improvements shall be removed by the AGENCY and the DEPARTMENT's right -of -way returned to its original condition. If, after thirty (30) days, the landscape improvements have not been removed, the DEPARTMENT may, at its option, proceed as follows: (a) Maintain the landscape improvements within the limits of said project with ro> 1668 ' ? DEPARTMENT's contractor or personnel and charge the AGENCY for the reasonable value of said work; OR Remove by DEPARTMENT's contractor or personnel all of the landscape improvements, return the right -of -way to its original condition, and charge the AGENCY for the reasonable value of such work. 8. The term of this Agreement commences upon execution by both parties. 9. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 10. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 11. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida. In the event of a conflict between any portion of the Agreement and Florida law, the laws of Florida shall prevail. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. BOARD OF COUNTY COMMISSIONERS COLLIER CO Y, FLORIDA BY: TITLE: 101 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: District Secretary ALI ATTEST: Executive Secretary .St a t:0 s +gnat;ur 011 AMAV Legal Review: f 5ih o, ttorney District Legal Counsel Item # • I!!t !K X Aanda (gate D ' C ke K/zg � {n U 75 -Golden pte9- 22- 03.doc 3 MEMORANDUM Date: April 14, 2004 To: Pamela Lulich Projet Manager Traffic Operations Modes 1689 and Alternative Transportation From: Maureen Kenyon, Deputy Clerk Minutes & Records Department Re: Resolution 2004 -99 and Highway Landscaping Installation and Maintenance Agreement for a portion of the I -75 /Pine Ridge Road Interchange. Enclosed please find four original Resolutions 2004 -99 and four Highway Landscaping Installation and Maintenance Agreements for a portion of the I -75 /Pine Ridge Road Interchange as referenced above, approved by the Board of County Commissioners on April 13, 2004 (Agenda Item #16B9). Kindly forward these documents to the State of Florida Department of Transportation for the required signatures and upon completion, return one fully executed original of each to Minutes & Records. If you should have any questions, please contact me at: 774 -8406. Thank you. Enclosures 1669 p RESOLUTION NO. 2004 -9_ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING AND AUTHORIZING THE CHAIRMAN TO SIGN A HIGHWAY LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), FOR A PORTION OF THE I- 75/PINE RIDGE ROAD INTERCHANGE. WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Highway Landscaping Installation and Maintenance Agreement ( "Agreement ") with Collier County, wherein FDOT will permit Collier County, at its sole cost and expense, to install and maintain landscaping within a portion of the I -75 right -of -way at the Pine Ridge Road Interchange; and WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to move forward with this project, as defined in the Agreement, and that this Agreement is in the best interests of the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners approves the Agreement; authorizes its Chairman, Donna Fiala, to execute the Agreement; and directs that the Collier County Clerk forward a certified copy of this Resolution to the FDOT along with the executed Agreement. This Resolution adopted after motion, second and majority vote favoring same, this day of 2004. ATTEST: :�DWIGHT.E.'$ROCK, Clerk At t as t� Chifpl"yq e f to form and legal sufficiency: County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER LINTY, FLORIDA By: _ DONNA IALA, Chairman oB9.d STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT AND MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of , 20 _, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT ", and "COLLIER COUNTY ", hereinafter referred to as the "AGENCY ". WITNESSETH WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 93/ I -75 as part of the State Highway System; and WHEREAS, the AGENCY seeks to install and maintain certain landscape development improvements within the unpaved areas within the right -of -way of State Road 93/ I -75 at CR 896; Section(s) 03175009, 03175011, 03175013 and 03175015 at Mile Post 55.940, 55.948,56.28 and 56.619, hereinafter referred to as the "PROJECT "; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution dated a copy of which is attached hereto and made a part hereof, has authorized its to enter into this Agreement on behalf of the AGENCY; NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The AGENCY hereby assures the DEPARTMENT, that prior to submitting this Agreement, it has: (a) Ascertained the location of all existing utilities, both aerial and underground. A letter of notification and plan of the landscape development improvements was mailed on , to the following utilities /municipalities: (b) Complied with all permit requirements from the appropriate agencies (county, municipality, etc.) in connection with the activities described hereunder. 16B9 Outdoor advertising is specifically excluded from this Agreement in accordance with Section 479.11, Florida Statutes. 2. The AGENCY hereby agrees to install the landscape improvements in accordance with the Landscape Development Plan included as Exhibit "A ", attached hereto and by this reference made a part hereof. Such installation shall be in conformance with Rule 14 -40, Florida Administrative Code, and the Highway Landscape Beautification and Plan Review Procedure (Topic 650- 050- 001 -c), as they may be amended from time to time. 3. The AGENCY agrees to maintain the landscape improvements in accordance with the Technical Maintenance Plan included as Exhibit "B ", attached hereto and by this reference made a part hereof. 4. Designated personnel as directed by the District Secretary or his designee may inspect and evaluate this project and issue a written report if a deficiency or unsatisfactory condition is noted. If deficiencies and/or unsatisfactory conditions are not corrected within thirty (30) days, the District Secretary or his designee shall have the option to do one of two things: (a) Correct and maintain the landscape improvements with DEPARTMENT's contractor or DEPARTMENT's personnel and charge the AGENCY for the reasonable value of said work. (b) Remove by DEPARTMENT's contractor or DEPARTMENT's personnel all landscape improvements, return the right -of -way to its original condition and charge the AGENCY the reasonable value for such work. 5. To the extent permitted by Section 768.28, Florida Statutes, the AGENCY shall indemnify, defend, save and hold harmless, the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the AGENCY, its officers, agents, or employees or due to any negligent act or occurrence of omission or commission of the AGENCY, its officers, agents, or employees. Neither the AGENCY, nor any of its officers, agents, or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of the DEPARTMENT or any of its officers, agents or employees. 6. The AGENCY covenants to keep in force during the period of this Agreement public liability insurance, property damage insurance and worker's compensation insurance through an insurance policy(ies) or the AGENCY's self insurance program. 7. This Agreement shall remain in effect until such time the AGENCY or DEPARTMENT wishes to cancel said agreement and this shall be done in writing giving the AGENCY or DEPARTMENT thirty (30) days notice. All landscape improvements shall be removed by the AGENCY and the DEPARTMENT's right -of -way returned to its original condition. If, after thirty (30) days, the landscape improvements have not been removed, the DEPARTMENT may, at its option, proceed as follows: &J (a) Maintain the landscape improvements within the limits of said project with DEPARTMENT's contractor or personnel and charge the AGENCY for the reasonable value of said work; OR (b) Remove by DEPARTMENT's contractor or personnel all of the landscape improvements, return the right -of -way to its original condition, and charge the AGENCY for the reasonable value of such work. The term of this Agreement commences upon execution by both parties. 9. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 10. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 11. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida. In the event of a conflict between any portion of the Agreement and Florida law, the laws of Florida shall prevail. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF COLL COUNTY, FL RIDA J BY: TITLE: Wf e MA N C�er�r) ATTES EAL) 7- TITLE. sip 'fr 17GB Agenda Date D ^te' Collier- CR896- 3- 22- 04.doc STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION District Secretary ATTEST: Executive Secretary Legal Review: District Lcp-al Counsel I �- d I� (�x� end MEMORANDUM Date: April 14, 2004 To: Pamela Lulich Projet Manager Traffic Operations Modes 16810 and Alternative Transportation From: Maureen Kenyon, Deputy Clerk Minutes & Records Department Re: Resolution 2004 -100 and Highway Landscape Installation and Maintenance Agreement within the right -of -way of US41E /SR45 from Rattlesnake Hammock Road to St. Andrews Blvd. Enclosed please find four original Resolutions and Agreements as referenced above, approved by the Board of County Commissioners on April 13, 2004 (Agenda Item #16B10). Kindly forward these documents to the appropriate parties for the required signatures and upon completion, return one fully executed original of each to Minutes & Records. If you should have any questions, please contact me at: 774 -8406. Thank you. Enclosures ' X10 RESOLUTION NO. 2004- 100 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING, AND AUTHORIZING THE CHAIRMAN TO SIGN, A HIGHWAY LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), FOR LANDSCAPE DEVELOPMENT IMPROVEMENTS WITHIN THE UNPAVED AREAS WITHIN THE RIGHT -OF -WAY OF US 41E FROM RATTLESNAKE HAMMOCK ROAD TO ST. ANDREWS BOULEVARD. WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Highway Landscaping Installation and Maintenance Agreement ( "Agreement ") with Collier County with respect to approximately 1- centerline mile along US 41 East (from Rattlesnake Hammock Road to St. Andrews Blvd.), in which following FDOT written approval of a Landscape Development Plan, Collier County would install and then maintain landscape development improvements, and be reimbursed by FDOT in the amount of $263,469.00 for the initial improvements; and WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to move forward with this project, as defined in the Agreement, and that this Agreement is in the best interests of the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners approves the Agreement; authorizes its Chairman, Donna Fiala, to execute the Agreement; and directs that the Collier County Clerk forward a certified copy of this Resolution to the FDOT along with the executed Agreement. This Resolution adopted after motion, second and majority vote favoring same, this _ day of 2004. ATTEST?,` DWi4H7 T.E.' BROCK, 6lerk Attest a t \ signs y.,::... A orm and legal sufficiency: Jeff4k A J lKlitzkow Assi ant Vlounty Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: DONN nkL ai 16810 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT (WITH PLANS TO BE APPROVED SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT) THIS AGREEMENT, made and entered into this day of , 20 _, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the DEPARTMENT, and COLLIER COUNTY, hereinafter referred to as the AGENCY. WITNESSETH WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Roads as part of the State Highway System; and WHEREAS, the AGENCY seeks to design, install and maintain certain landscape development improvements within the unpaved areas within the right -of -way of US 41 E /SR 45 from Rattlesnake Hammock to Andrews Boulevard; FM# 195425 2 58 01 programmed in fiscal year 2003/2004 hereinafter referred to as the PROJECT; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution dated , a copy of which is attached hereto and made a part hereof, has authorized its Chairman of the Board of County Commissioners to enter into this Agreement on behalf of the AGENCY; NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The AGENCY hereby assures the DEPARTMENT that subsequent to the execution of this Agreement it will: (a) Ascertain the location of all existing utilities, both aerial and underground. A letter of notification and plan of the landscape development improvements will be mailed no later than to the following utilities /municipalities: (b) Comply with all permit requirements from the appropriate agencies (county, municipality, etc.) in connection with the activities described hereunder. Outdoor advertising is specifically excluded from this Agreement in accordance with Section 479.11, Florida Statutes. l0 2. The AGENCY hereby agrees to install the landscape development improvements in accordance with a Landscape Development Plan to be approved by the DEPARTMENT subsequent to the execution of this Agreement. Such installation shall be in conformance with Rule 14 -40, Florida Administrative Code, and the Highway Landscape Beautification and Plan Review Procedure (Topic 650- 050- 001 -c), as they maybe amended from time to time. No work shall be authorized to begin prior to the written approval of the Landscape Development Plan by the DEPARTMENT. 3. The AGENCY agrees to maintain the landscape development improvements in accordance with a Technical Maintenance Plan to be approved by the DEPARTMENT subsequent to the execution of this Agreement. No work shall be authorized to begin prior to the written approval of the Technical Maintenance Plan by the DEPARTMENT. 4. Designated personnel as directed by the District Secretary or his designee may inspect and evaluate this project and issue a written report if a deficiency or unsatisfactory condition is noted. If deficiencies and/or unsatisfactory conditions are not corrected within thirty (30) days, the District Secretary or his designee shall have the option to do one of two things: (a) Correct and maintain the landscape improvements with DEPARTMENT's contractor or DEPARTMENT's personnel and charge the AGENCY for the reasonable value of said work. (b) Remove by DEPARTMENT's contractor or DEPARTMENT's personnel all landscape improvements, return the right -of -way to its original condition and charge the AGENCY the reasonable value for such work. 5. The DEPARTMENT agrees to a maximum participation in the Project, including contingencies, in the amount of TWO HUNDRED SIXTY THREE THOUSAND FOUR HUNDRED SIXTY -NINE DOLLARS ($263,469.00). 6. To the extent permitted by Section 768.28, Florida Statutes, the AGENCY shall indemnify, defend, save and hold harmless, the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the AGENCY, its officers, agents, or employees or due to any negligent act or occurrence of omission or commission of the AGENCY, its officers, agents, or employees. Neither the AGENCY, nor any of its officers, agents, or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of the DEPARTMENT or any of its officers, agents or employees. 7. The AGENCY covenants to keep in force during the period of this Agreement public liability insurance, property damage insurance and worker's compensation insurance through an insurance policy(ies) or the AGENCY's self insurance program. 8. This Agreement shall remain in effect until such time the AGENCY or DEPARTMENT wishes to cancel said agreement and this shall be done in writing giving the AGENCY or DEPARTMENT thirty (30) days notice. - All landscape improvements shall be removed by the AGENCY and the DEPARTMENT's right -of -way returned to its original 16P10, condition. If, after thirty (30) days, the landscape improvements have not been removed, the DEPARTMENT may, at its option, proceed as follows: (a) Maintain the landscape improvements within the limits of said project with DEPARTMENT's contractor or personnel and charge the AGENCY for the reasonable value of said work; OR (b) Remove by DEPARTMENT's contractor or personnel all of the landscape improvements, return the right -of -way to its original condition, and charge the AGENCY for the reasonable value of such work. 9. The term of this Agreement commences upon execution by both parties. The Landscape Development Plan and the Technical Maintenance Plan shall be completed and submitted for approval by the DEPARTMENT on or before . Utility clearances shall be obtained on or before Construction shall be completed on or before 10. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 11. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the written consent of the DEPARTMENT. 12. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida. In the event of a conflict between any portion of the Agreement and Florida law, the laws of Florida shall prevail. H:/ DEMO /SHAREDd ANDSCAP/MOA/.DOC 16010 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. COLLIER COUNTY, FLORIDA BY: ATTES r TITLE: Attest- ao. fa signature `44-1 Approved man's 11 sufficiencv 4 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: District Secretary ATTEST: Executive Secretary Legal Review: District Legal Counsel (SEAL) Contract Amendment #4 for Contract 99 -2926 Engineering Services for Reclaimed Water Aquifer Storage and Recovery This amendment, dated November 24, 2003 to the referenced agreement shall be by and between the parties to the original agreement, Water Resource Solutions, Inc., (to be referred to as "Contractor ") and Collier County, Florida, (to be referred to as "Owner "). Statement of Understanding The Consultant agrees to amend the above referenced Contract, Schedule B, Basis of Compensation. Monthly billings by Consultant shall be on a time and material basis, with the former Lump Sum amounts becoming "Not to Exceed" amounts. Due to the nature of this contract, the Consultant is unable to meet the contract deliverables schedule. The Consultant and County mutually agree to amend the above referenced Contract per Schedule A -1 attached to this Amendment, and incorporated herein by reference. This shall cover hourly rate increases to the original Schedule B — Attachment B, Consultant's Employee Hourly Rate Schedule. This amendment is based upon the fact that this contract is three (3) years old and will continue in the future until completion and that the rates on Schedule A -1 are comparable with other County Fixed Term Engineering Contracts. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. TWO WITNESSES: FIRS Y` ESS 14�ylz)" G -1 \350 Type/Print Name /J SECOND WITNESS CONTRACTOR WAT OUR > C. By: Type/Print Name and title Affix the "(Corporate Seal}" OR type /print "(Corporate Seal)" Type/Print Name Dated: z Attest as to chailirlim ApptQved as to form and Legal-spffl RAert Mchpf Assistant Coqnty Attorney 16C6 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Stephen Y. CWmell Purchasing Director item 4 kg'063 xoo SCHEDULE A -1 16C6-11 WATER RESOURCE SOLUTIONS, INC. STANDARD HOURLY RATE SCHEDULE (Effective 07/01/03) 34 S ur .......... ..:.................:.......... . 1 Our M. ;cu €1 fit) . Senior Engineer (not included in Collier Contract) $ 115 /hour Rrle Y .................:.:......::::::::::::::::::::::::::.::...:.:................................................................ ..........- .................... Engineer Il (not included in Collier Contract) $ 90 /hour H rd < io :::: :.......::::::.......::::.:::::::..........:::::..........:::::::::::.::..:::..........:............................................... j : >#c# u.. ............................... . :........ Project Scientist II $ 85 /hour Project Scientist 1 $ 75 1hour Senior Technician $ 65 /hour Al 3e Sgt er ; > ::::..:....... ......... .:. � _ - - .... . orl c u n re pa, tton _ ,:. .. :.: 45d u 1609 EXECUTIVE SUMMARY Award bid # 04 -3577 to Professional Services Industries, Inc. for the Golden Gate Groundwater Baseline Monitoring Program in the amount of $60,645 OBJECTIVE: Board approval to award the bid and authorize Professional Services Industries, Inc. (PSI) to collect and analyze chemical and biological parameters in groundwater in the Golden Gate Estates Area. This assignment will develop data that will serve as baseline conditions when compared to the same parameters measured at future dates. The Golden Gate Groundwater Baseline Monitoring will allow Collier County to determine how development in Golden Gate Estates is impacting groundwater. CONSIDERATIONS: The bid invitations were publicly posted on November 5, 2003 for the environmental sampling, analysis and reporting services, and notification of the posting was sent to 222 firms. Sealed bids for the environmental sampling, analysis and reporting services were opened at 2:30 p.m. on November 21, 2003. Bids were received from eight firms. The bids were evaluated based on the lowest total cost for meeting all the tasks described in the bid documents. On the attached bid tabulation, Professional Services Industries, Inc. was the lowest, qualified and responsive bidder. Funding for this purchase is from a 50% cost - sharing project with the South Florida Water Management District Big Cypress Basin Cooperative Agreement, Contract No. C -15055 approved by the Collier County Board of Commissioners on September 9, 2003. There is a companion item on this agenda that provides for a maximum of $97,400 for the Golden Gate Groundwater Baseline Monitoring Program. Approval of this bid will obligate $60,645 of the available budget for this program. FISCAL IMPACT: Funds are available in the Miscellaneous Grants Fund (116). GROWTH MANAGEMENT IMPACT: This is consistent with and necessary to implement Objective 3.4, Policies 3.4.1 and 3.4.2 contained within the Conservation and Coastal Management element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award bid #04 -3577 Golden Gate Groundwater Baseline Monitoring to Professional Services Industries, Inc. in the amount of $60,645. Agenda Item No. 16C9 April 13th, 2004 Page 1 of 8 • COLLIER COUNTY 16 g BOARD OF COUNTY COMMISSIONERS Item Number 16C9 Item Title Award bid #04 -3577 Item Summary Award bid # 04 -3577 to Professional Services Industries, inc. for the Golden Gate Groundwater Baseline Monitoring Program and approve the associated budget amendment in the amount of $60,645. Meeting Date 4/13/2004 9:00:00 AM Prepared By Mary Cornelisse Operations Supervisor Public Utilities Pollution Control & Prevention Approved By Ray Smith Director Date Public Utilities Pollution Control & Prevention 3130120042:22 PM Approved By Steve Camel/ Purchasing /General Svcs Director Date Administrative Services Purchasing 4/1/2004 8 :13 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 4/1/2004 12:18 PM Approved By _ James W. Det -ony Public Utilities Administrator Date Public Utilities Public Utilities Administration 4/112004 2:56 PM Approved By Randy Greenwald Management/Budget Analyst Date Board of County Office of Management &Budget 41612004 1:31 PM Commissioners Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/612004 4:33 PM Approved By James V. Mudd County Manager Date Board of County County Managers Office 41712004 8:46 AM Commissioners Agenda Item No. 16C9 April 13th, 2004 Page 2 of 8 v m �O O w D (Q CD CL CD vv CD W Z D Zr O Ci 'co 16 Ly -ttntnwzZ r Co o z t'DUOm m to A3 fc�3 >K o M Jo C:I x r d r in r�C m 0 = rrJ- e 3333333 c c 'rrrr-p c c c c rn a °3 ?m_-.f 000° ILO 3 3 ?_� c'c 3�a aN C3 C� Wa ? 33C CD � nnC�w o00-- Cncntn(gC ccacccc� ww;g �� 1 ". �� 3 0 ° c7 + �� o} 3 3 3 3 3 3 3 V 2. ?= v '. '.60 D� .'C.�c -per 0 0 0 0 0 0 0 0 ° o`��o a0000ao cl a y > 0 � Cp V Cn (M A W N -+ N 09 3 Q $ 0 3 y p r F m' f0 m Q c Z � » �. 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O O 1 O 4 0 I 0 0 I IOI I O O w ra w rn 0 rn D c� CD n. a� 3 w z rn 1609 ` �cn ro� aa.ol rn N cr a w 1, I� 1 � o I z m m CA) I� Cl �CA a° I m z w _ w d 1 o a � c tJ n c m C11 � � V o 1 O � O CD 0 W• o� a� Z 0 co �. o- cv m m C5 en O W 5. v w n m z �n o m XI vi CO cr ro m a � 0o N Memorandum To: Clerk of Courts - Minutes & Records, Contracts Section From: Sue Hebbe Purchasing Technician Date: July 30, 2004 16C9 Subject: Contract Amendment #1 Contract 04 -3577 Golden Gate Groundwater Baseline Monitoring Attn: Contracts Section: Please put this with the above referenced contract. Thank You! 1; - Purchasing Department Contract 04 -3577 Linda A. Houtzer From: Hebbe, Sue Sent: Monday, August 02, 2004 9:09 AM To: Linda A. Houtzer Subject: RE: Contract 04 -3577 Linda Page 1 of 1 16C9 There is no formal contract with this bid. The signed proposal serves as the contract, therefore, as you stated, you wouldn't have anything. If you don't need it, you can just throw it away. Thank you and I am sorry for any inconvenience to you. Have a Nice Day! Sue - -- -- Original Message---- - From: Linda A. Houtzer [mailto: Linda. Houtzer@clerk.collier. fl. us] Sent: Friday, July 30, 2004 4:17 PM To: HebbeSue Subject: Contract 04 -3577 Hi Sue, Well after some more research, I found the information I needed. It was the meeting of April 13, 2004, Agenda Item #16C9. However, we have nothing in our backup files for that item. This means that we never received the original contract. Do you have any idea where it could be and /or why we haven't received it. Any information would be helpful. Thank you, Linda Minutes and Records 8/2/2004 Contract Amendment 01 for Contract 04 -3577 Golden Gate Groundwater Baseline Monitoring 1609 This amendment, dated April 14, 2003 to the referenced agreement shall be by and between the parties to the original agreement, Professional Service Industries, Inc. (to be referred to as "Contractor ") and Collier County, Florida, (to be referred to as "Owner "). Statement of Understanding Add allowance funds of up to $6,000, to be controlled by the Project Manager with authorization for use of these funds to be provided to the Vendor in writing, to address additional needs associated with mailing requests to obtain authorization to sample privately owned residential wells, resampling wells to confirm results, associated mobilization and labor fees and maintaining quality assurance /quality control. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. TWO WITNESSES: mra �J FIRST WITNESS -0-14-,,k' b AAW1 4 C L Type/Print Name ECOND WITNESS 'Type/Print Name Approved as to form and Legal sufficiency: ,S�, J- k' L4-et, Scott Teach Assistant County Attorney CONTRACTOR PROFESSIONAL SERVICES IND STRIES, INC. By: / Type/Print Name and title Affix the "(Corporate Seal}" OR Dated: OWNEI BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 4C" 6A �� : 1 By: 11��((/J��j Stephen Y l Purchasing Director rj.j7�AF Inf or,snation �� ®To Build On Engineering • Consulting • Testing November 19, 2003 Purchasing Director Collier County Government Center Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 Re: Bid Number 04 -3577 Golden Gate Groundwater Baseline Monitoring November 21, 2003 PSI Proposal No.: 552 -G3181 Dear Purchasing Director: - 16C9 . W to 0()00 Aq q 3 Please find enclosed our bid for the above referenced project. This bid has been prepared in accordance with the guidelines set forth in Bid Number 04 -3577. Professional Service Industries, Inc. appreciates the opportunity to propose on this project to Collier County. If you have any questions regarding this bid please call 813- 886 -1075 ext 226. Respectfully Submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. David A. Stedje, P HMM Operations Manager S:\ ENV \Proposals -03 \G- proposals \G3181 \cover letter.doc Professional Service Industries, Inca- 5801 Benjamin Center Drive, Suite 112 - Tampa, FL 33634 - Phone 813/886 -1075 - Fax 813/888 -6514 Bid No. 04 -3577 — Golden Gate Groundw ter Baseline Monitoring Page 14 16C9 . Vendor Performance Evaluation: Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of agreement. Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non - performance. 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. 2003 -53, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Conflict of Interest Bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Bidder further represents that no persons having any such interest shall be employed to perform those services. , 1 owl 0-3 Signature a e of Principal Or& Date Bid No. 04 -3577 — Golden Gate Groundwater Baseline Monitoring Page 15 -00 Collier County Florida Insurance Requirements INSURANCE TYPE REQUIRED LIMITS X 1. Workers' Compensation X 2. Commercial General Liability (Occurrence Form) patterned after the current I.S.O. form with no limiting endorsements. Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. Policy must include Employers Liability with a limit of $1,000,000 Bodily Injury & Property Damage $1,000,000 Single Limit Per Occurrence X 3. Indemnification: The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by an employee of the named ContractorNendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The ContractorNendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack of, sufficient insurance protection. The first One Hundred Dollars ($100.00) or money received on the contract price is considered as payment of this obligation by the County. X 4. Automobile Liability $500,000 Each Occurrence Owned /Non- owned /Hired Automobile Included X 5. Other Insurance as indicated below: a) Professional Liability $ 500,000 b) Builder's Risk $ -0- NOV -19 -2003 WED 04:17 PM r51 Fax'6306911498 ' PSI- TAMPA -EWIRO Fax :,3132490301 Bid No, 04-3577 — Goldon Gate Groundwater &,dint Monitorigg FAX NO. — Nov 1y 2003 10:43 M1bv 19 2002 9:02 Past 16 Collier County Florida Insurance Requirements (Continued) P. 03 P. 04 P. 03 16 c9 X 6. Contractor shall ensure that all subeontrectom comply with the same Insurance requirements that he Is required to meet. The same contractor shall pmvlde the County with certificates of 4t3urance meeting the required insurance provisions. X 7. Collier County must be named as "ADDITIONAL, INSURED" on the insurance Certifcate forComrnercial General Liability. �C 8, Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE; The "Certificate Holder" should read as follows; Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 X 9. Thirty (30) Days cancellation Notice In required. X 10. The Certificate must state the Bid Number and Title. BIDDER'S AND INSURANCE AGENT STATEMENT: We understand the insurance requirements contained in these specifications, and that .the evidence of said Insurance may be required within five (5) business days of the award of bid. S r,. ✓ t c ��* BLture d `� lnsura e Agency of Sidde Signature of Bidder's Agent Bid No. 04 -3577 — Golden Gate Groundwucer Baseline Monitoring Page 17 16C9 THIS SHEET MUST BE SIGNED BY VENDOR Board of County Commissioners Collier County, Florida Purchasing Department BIDDERS CHECK LIST I M P O R T A N T: Please read carefully, sign in the spaces indicated and return with your bid proposal. Bidder should check off each of the following items as the necessary action is completed: ✓a . The Bid has been signed. J The Bid prices offered have been reviewed. The price extensions and totals have been checked. ¢ The payment terms have been indicated. ✓ Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. �%!. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. ✓8. Any addenda have been signed and included. A. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 ✓10. The mailing envelope must be sealed and marked with: • Bid Number; • Bid Title; • Opening Date ,�1. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS /RFPS MUST HAVE THE BID /RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Professional Service Industries, Inc. mpany Name Signature Title 11/19/03 Date Bid No. 04 -3577 — Golden Gate GroundtiuLer Baseline Monitoring Page 18 CONTRACT PROPOSAL FROM: Professional Service Industries, Inc. DUE: November 21, 2003 at 2:30 pm Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: BID No. 04 -3577 -- "Golden Gate Groundwater Baseline Monitoring" Dear Commissioners: 16C9 The undersigned, as bidder, hereby declares that he has examined the specifications and informed himself fully in regard to all conditions pertaining to the work to be done for Golden Gate Groundwater Baseline Monitoring as per the attached specifications. The Bidder further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or companies submitting a Bid or Proposal; and it is all respects fair and in good faith, without collusion or fraud. The Bidder proposes and agrees, if this Proposal is accepted, to contract with the County to furnish work in full, in complete accordance with the attached specifications, according to the following unit prices: Lump Sum Cost for Task 1 $ 1,225.00 Lump Sum Cost for Task 2 $ 1,000.00 Lump Sum Cost for Task 3 $ 3,920.00 Lump Sum Cost for Task 4 $ 0 Lump Sum Cost for Task 5 $ 15.000.00 Lump Sum Cost for Task 6 $ 36,500.00 Lump Sum Cost for Task 7 $ 3,000.00 Total Project Cost $ 60,645.00 Golden Gate Groundw .per Baseline Monitoring 16cq Bid No. 04 -3577 Go1 d g Page 19 Unit Pricing for Labor to Resample up to 15 Wells Mobilization /Demobilization Cost $ 250.00 Labor Cost — 1 -5 Wells $ 450.00 Labor Cost — 6 -10 Wells $ 650.00 Labor Cost — 11 -15 Wells $ 850.00 Total Cost for Labor to Resample Up to 15 Wells $ 2,200.00 Unit Pricing for Analysis of Individual Parameters Metals Analyses Total $ 116.00 Method 7470 for Mercury $ 15.00 Biological Analyses Total $ 40.00 Volatile Organics Analyses Total $ 125.00 Synthetic Organics Analyses Total $ 650.00 Nutrients of Nitrogen and Phosphorus Analyses Total $ 120.00 Total Cost for Analyses of Individual Parameters $ 1,066.00 TOTAL BID COST $ 63 911.00 Provided three (3) applicable references, to include: a. Company name and address. b. Contracting officer and telephone number. c. Technical representative and telephone number. d. A brief, written description of the project. ® Yes ❑ No 16r.q i tor its Pa e 20 Bid No. 04 -3577 — Golden Gate Grounu%.cer Baseline Mont s 5 Any discounts or terms must be shown on the Proposal Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: 3 % 15 Days; Net 30 Days Addenda received (if applicable): #1—Yes— #2 #3 The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the County. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of the Contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days, will result in damages to the County. h I WITNESS WHEREOF, WE have reunto subscribed our names on, this 101 day of 2003 in the County of � bt vij tj 0 in the State Professional Service Industries, Inc. Firm's Complete Legal Name Check one of the following: Is Sole Proprietorship Corporation or P.A. State of Limited Partnership General Partnership Phone No. 813 - 886 -1075 FAX No. 813 - 249 -0301 5801 Beniamin Center Drive Suite 112 Address Tampa. Florida 33634 al U - /I City, State, ZIP ,- DEBORAH L ALVA' BY: David A. StedJe MY COMMISSION # DD 047108 Typed and Written Signature EXPIRES: November 11, 2005 Bonded Thru Notary Pubic Underwrh$rs Title NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your proposal pages. 16C9 References 1.) Client: Lee County Natural Resources Management Client Address: 1500 Monroe Street, Ft. Myers, Florida 33902 Contracting and Technical Officer: Mr. L. A. Pellicer Phone: 239 - 479 -8580 PSI has been providing Lee County with environmental consulting, groundwater, surface water and soil testing, environmental construction UST /AST compliance management services, environmental roadway studies, and petroleum and hazardous waste remediation services since 1991 under various contracts. 2.) Client: Client Address: Contracting and Technical Officer: Phone: Pinellas County Schools — Zero Property 11111 S. Belcher Road Largo, Florida 33773 Mr. Thomas Ladun, CIH 727 -547 -7180 PSI completed soil and groundwater sampling and analysis for a former industrial property proposed for a new school facility. The testing included sampling the groundwater at approximately 30 locations and two depth intervals for laboratory analysis according to EPA Method 8021. 3.) Client: Client Address: Contracting and Technical Officer: Phone: Manatee County Government P.O. Box 1000 Bradenton, Florida 34206 Mr. Paul J. Panik 941 - 742 -5980 PSI has been providing Manatee County with environmental consulting, groundwater, surface water and soil testing, environmental construction UST /AST compliance management services, environmental roadway studies, and petroleum and hazardous waste remediation services since 1999. Nov -17 -03 10:36 From - Collier Coin^'"" Purchasing 941 732 0844 T -727 P 002/004 F -289 16C9 COLLIER COUNTY GO'V'ERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 782 -2667 FAX (239) 732 -0844 httpJ /co. collie r, fl, us ADDENDUM DATE: November 17, 2003 TO: Interested Bidders FROM: Lyn M. Wood, C.P.M. Purchasing Agent SUBJECT: Addendum # 1 — Bid #04 -3577- "Golden Gate Groundwater Baseline Monitoring" Addendum #1 covers the following change for the referenced Bid: i The following clarifications are issued: 1. a It is acceptable to propose an alternate analytical method for a parameter(s) provided that the proposed laboratory is approved by NELAC to use the alternate method for drinking water analyses and the alternate method has a minimum detection limit no greater than the proposed method and /or is below the applicable drinking water standard. 2. This project must be completed no later than June 30, 2004. 3. The title of Table 5a should read "Analytical Methods for Synthetic Organic Contaminants. 4. Enterococci are deleted from the parameters being analyzed. 5. Pre -bid sign -in sheets are attached. If you require additional information please call Bruce Weinstein, Pollution Control Department at 239/732 -2502 or me at 239/732 -2667 or by e-mail at ynWood(a�colliergov. net. cc: Bruce Weinstein, Pollution Control ��Akl t, S_ (1 l t 4,Ia.'s Marsh USA Inc 11l/-19/2003 12:10 PAGE 2/2 RightFax 1 t� r. c) CERTIFICATE NUMBER [ WMOi40 0 CLE-00 1170189 p1 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE TWO LOGAN SQUARE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE PHILADELPHIA, PA 19103-2797 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Attn: CELESTINE RAY FAX: 215-246-1367 COMPANIES AFFORDING COVERAGE COMPANY 19623 -PSI-GAWU-01 -02 A ZURICH AMERICAN INS. CO. INSURED COMPANY PROFESSIONAL SERVICE INDUSTRIES, INC. a N/A 5801 BENJAMIN CENTER DRIVE SUITE 112 COMPANY TAMPA, FL 33634 C GULF UNDERWRITERS INSURANCE COMPANY COMPANY D THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCLMENTWTH RESDECTTOVVHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLCIES DESCRIBED HEREIN ISSUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSONS OF SUCH POLICES AGGREGATE LIMITSSHOVA MAY HAVE BEEN REDUCED By PAD CLAIMS LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMtDDIYY) POLICY EXPIRATION DATE (MMIDDfYY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 PRODJqTs-CCMP/OPAGG $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY GLO 6580471-12 03101103 03/01/04 PERSONAL &ADVINJURY $ 1,()00,()0() 7X CLAMSMADE OCCUR EACH OCCURRENCE $ 1,00(),00() & CONTRACrOR'S PROT FIRE DAMAGE (Any onelre) $ 1,000,000 Pr�� d ops �XX lContractual MED EXP An cne peram) $ 5,000 A AUTOMOBILE LIABILITY BAP 6580472-12 (AIDS) 03101103 00011104 COMBINED SINGLE LIMIT $ 2,000,000 MY AUTO TAP 6580473-12 (TX) 03/01103 03/01/04 X BODILY INJURY $ ALL GINNED AUTOS BAP 8242566 -07 (MA) 03/01103 03/01104 (Per person) SCHEDULED AUTOS SODILYINJURY $ HIRED AUTOS (Per swident) NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTOONLY -EAACCIDENT $ OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESSLIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLAFORM $ OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND WC 658042142 (ADS) 031011103 03/01/04 T xT I . . . . . . . . . . . . . . . . . . . . . EMPLOYERS' LIABILITY = 9302890-01 (MA,WI) iO3/011103 03/01104 $ 1,000,00() EL EACH ACCIDENT EL DISEASE-PCLICY LIMIT $ 1,0()0,000 THE PROPRIETOR/ X INCL EL DISEASE -EACH EMPLOYEE $ 1,()00,000 PARTNERSEXECUTIVE OFFICERS ARE E)(CL C OTHER ENVIRONMENTAL GU 2825448 03101/02 03/01/04 $1,000,000 PER CLAIM CONSULTANTS $1,000,000 AGGREGATE PROFESSIONAL LIABILITY DESCRIPTION OF OPERATIONSILOCATION&PiEHICLESISPECLAL ITEMS MASTER CONTRACT; ENVIRONMENTAL SERVICES COLLIER COUNTY IS INCLUDED AS ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT, BUTONLY TO THE EXTENT OF THEIR LIABILITY RESULTING FROM THE NEGLIGENCE OF THE INSURED AND WITH RESPECT TO SERVICES PROVIDED BY THE INSURED FOR THE ADDITIONAL INSURED, EXCEPT FOR WORKERS COMPENSATION AND PROFESSIONAL LIABILITY. SHOULD ANY OF THE POLICIES DESCRIBED tIERFIN HE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 'Ith DAYS WRITTEN NOTICE TO THE COLLIER COUNTY BOARD CERTIFICATE HOLDER NAMED HEREIN BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR OF COUNTY COMMISSIONERS 3301 EAST TAM IAM I TRAIL LIABILITY OF ANY K NO UPONTH5 INSURER AFFORDING COVERAGE, ITS AGENISOR REPRESENTATIVES, OR THE NAPLES, FL 34112 SSUER OF TH SCERTIFICATE MARSH USA NC. BY: Mary ewski '-'VALID 'A"-3OF:� 6103 Bid No. 04 -3577 —Golden Gate groundwater Baseline Monitoring Page 37 16C9 EXHIBIT A Unit Prices for Analysis of Individual Parameters Metals Unit Price Method 6010 for Metals that include: Method 7470 for Mercury Antimony $ 7.25 Arsenic $ 7.25 Barium $ 7.25 Berryllium $ 7.25 Cadmium $ 7.25 Chromium $ 7.25 Copper $ 7.25 Iron $ 7.25 Lead $ 7.25 Manganese $ 7.25 Nickel $ 7.25 Selenium $ 7.25 Silver $ 7.25 Sodium $ 7.25 Thallium $ 7.25 Zinc $ 7.25 Metal Analyses Total $ 116.00 $ 15.00 Note: The Prices for the Group of Metals listed above is for the sampling identified in Task 6. The price for individual metals is expected to apply to a resampling event where only a select number of specific metals need to be reanalyzed. Biological Unit Price EPA Method 9222 D for fecal coliform $ 20.00 EPA Method SM 9222 B total coliform $ 20.00 EPA 1600 for Enterococci $ NA Biological Analyses Total $ 40.00 Note: The prices for all three of the biological paramaters as a group is for the sampling identified in Task 6. The price for individual parameters is expected to apply to a resampling event where only one or two of the parameters need to be reanalyzed. Bid No. 04 -3577 - Golden Gate roundwater Baseline Monitoring Page 38 16C9 Unit Prices for Analysis of Individual Parameters (Continued) Volatile Organics Unit Price Method 524.2 for Volatile Organics in Table 4 in Appendix C plus the Group II Unregulated Organics $ 125.00 Synthetic Organics Method 504 Method 506 Method 507 Method 508 Method 515 Method 515.1 Method 531.1 Method 547 Method 548.1 Method 549.2 * included in method 549.2 Synthetic Organics Analyses Total (shown at discounted rate) Unit Price $ 28.00 $ 150.00 $ 62.50 $ 62.50 $ NA $ 125.00 $ 125.00 $ 100.00 $ 100.00 $ 100.00 $ 650.00 Note: The prices for all methods of the syntehtic organics as a group is for the sampling identified in Task 6. The price for individual parameters is expected to apply to a resampling event where only a few of the parameters need to be reanalyzed. Nutrients of Nitrogen and Phosphorus EPA 350.3 for ammonia SM 4500 -NO3E for nitrate SM 4500 -NO2E for nitrite EPA 353.2 for nitrate +nitrite EPA 353.2/EPA 351.2 for total nitrogen EPA 351.2 for Total Kjedahl Nitrogen SM 4500 P E for ortho phosphate SM 4500 P E for total phosphorous Nutrients of Nitrogen and Phosphorus Analyses Total Unit Price $ 15.00 $ 15.00 $ 15.00 $ 15.00 $ 15.00 $ 15.00 $ 15.00 $ 15.00 $ 120.00 Note: The prices for all methods of the nutirents as a group is for the sampling identified in Task 6. The price for individual parameters is expected to apply to a resampling event where only a few of the parameters need to be reanalyzed. 16D2 MEMORANDUM Date: May 10, 2004 To: Amanda Townsend Parks and Recreation From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Agreement No. 04 -0804 Summer Food Service Program for Children Enclosed please find two (2) original documents as referenced above (Agenda Item #16D2), as approved by the Board of County Commissioners on Tuesday, April 13, 2004. Please forward these documents to the appropriate parties for signatures, and return one fully executed copy to the Minutes and Records Department, for the public's official record If you should have any questions, please call me at 732 -2646, ext. 7240 Thank you. 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O p O m U L 0 d d d d O co C 7 F- � O� m .,- F- ❑ 0 [n Q W C N trail C C7 W LL in 20 G to ❑ If W J V 1602 a \ v i `° -a ci °2 Qo 0� nnV N •rte r-r G' tv a sus 4 r ' 41c, a lI� i O N co f9 a W O ❑ C) co) LL CL W to Cl) LL W In 16F6 MEMORANDUM Date: July 20, 2004 To: Maria Bernal, Tourism Tourism Tax Coordinator From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Agenda Item #16F6 of the BCC Meeting of April 13 2004: A 2004/2005 Tourism Agreement between Collier County and the City of Naples for Beach Maintenance and Algae /Seaweed Removal Enclosed for your records, you will find a copy of the document above for your records, which was approved by the Board of County Commissioners on Tuesday, April 13, 2004. If you have any questions, contacting me at 774 -8406 Thank you. Enclosure please do not hesitate . 16F6 2004/2005 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES FOR BEACH MAINTENANCE AND ALGAE /SEAWEED REMOVAL. THIS AGREEMENT, is made and entered into this Oty of , 2004 by and between The City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" RECITALS: WHEREAS, CITY has submitted an application for Category "A" Tourist Development Tax Funds in the amount of $150,000 for beach maintenance and algae /seaweed removal during the period of October 1, 2004 to September 30, 2005 (the "2004 Project"), and WHEREAS, the CITY has agreed to maintain all of the City beaches and the beach area north of the City up to and including Clam Pass commencing October 1, 2004 as part of the 2004 Project; and WHEREAS, effective October 1, 2004, the COUNTY shall not be responsible for maintenance of the City beaches and the beach area north of the City up to and including Clam Pass; and WHEREAS, the CITY has incurred costs in the amount of $29,804 related to algae removal during the period of time from April 1, 2003 to March 31, 2004 (the "2003 Project "); and WHEREAS, the COUNTY desires to fund the 2003 Project and 2004 Project. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. RECITALS. The above recitals are true and correct and incorporated herein. 16F6� 2. SCOPE OF WORK. GRANTEE prepared a detailed application and proposal outlining the 2003 Project and 2004 Project to be accomplished, along with a project budget, as part of the grant application process, hereinafter referred to as 'Proposal ", attached as Exhibit "A ". GRANTEE shall provide the project activities outlined in the Proposal within the budgeted amounts provided in the Proposal. GRANTEE shall not be reimbursed for any expenditures not included in the Proposal nor be reimbursed for amounts in excess of those provided in the Proposal unless an amendment to this Agreement is entered into by GRANTEE and COUNTY. 3. PAYMENT AND REIMBURSEMENT. The maximum reimbursement under this Agreement shall be $150,000 for the 2004 Project and $29,804 for the 2003 Project. GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided and shall submit invoices to the County Administrator or his designee. The County Administrator, or his designee, shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre- audits payment invoices in accordance with the law. 2 - 16F6 GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "A ". 4. ELIGIBLE EXPENDITURES. Only eligible expenditures described in Section I will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY'S written request to repay said funds. COUNTY may request repayment of funds for a period of up to one (1) year after termination of this Agreement or any extension or renewal thereof. 5. INSURANCE. GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement and be issued by a company licensed in the State of Florida and provide General Liability Insurance for no less than the following amounts: Bodily Injury Liability - $300,000 each claim per person Property Damage Liability - $300,000 each claim per person Personal Injury Liability - $300,000 each claim per person Worker's Compensation and Employer's Liability — Statutory The Certificate of Insurance must be delivered to the County Administrator, or his designee, within ten (10) days of execution of this Agreement by COUNTY. GRANTEE shall not commence activities which are to be funded pursuant to this Agreement until COUNTY has received the Certificate of Insurance. 6. CHOICE OF VENDORS AND FAIR DEALING. GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and subcontractors and/or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or 3 _ 16F6 shareholders. COUNTY may, in its discretion, object to the reasonableness of the expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION. To the extent permitted by law, GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or GRANTEE'S limit of, or lack of, sufficient insurance protection. 8. NOTICES. All notices from COUNTY to GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to GRANTEE at the following address: Jon C. Staiger, Ph.D., Natural Resources Manager City of Naples 735 8`h Street South Naples, Florida 34102 All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to COUNTY at the following address: Jack Wert, Executive Director Naples, Marco Island, Everglades Convention & Visitors Bureau 3050 North Horseshoe Drive, #218 Naples, Florida 34104 El GRANTEE and COUNTY may change their above mailing address at any time upon giving the other party written notification pursuant to this section. 9. NO PARTNERSHIP. Nothing herein contained shall be construed as creating a partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. 10. TERMINATION. COUNTY or GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination pursuant to Section 7 and specifying the effective date of termination. If COUNTY terminates this Agreement, COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. 11. GENERAL ACCOUNTING. GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the terms of this Agreement. 12. AVAILABILITY OF RECORDS. GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement. GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT. GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of COUNTY. 14. TERM. This Agreement shall become effective on April 1, 2004 and shall remain effective until sixty (60) days after completion of the project described in Exhibit "A ", but no later than 5 16F6 December 31, 2005; however, costs incurred for the 2003 Project are approved and eligible for reimbursement for the period of April 1, 2003 to March 31, 2004. 1.5. AMENDMENTS. This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 16. EQUIPMENT. In the event any equipment purchased with Tourist Development Taxes is no longer used for algae removal and beach maintenance, then said equipment shall be returned to Collier County. 17. RECORDATION. This Agreement shall be recorded in the public records of Collier County, Florida. IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DATED: AT'KE' I UK, Clerk Approved as to form and legal sufficiency: 94 � 1 Heidi F. Ashton Assistant County Attorney O L C.1 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, Chairman Item # o a a Date Date Recd I I ATTEST: TARA NORM N, City Clerk Approved as to form and legal sufficiency: .? Al ROBERT D. PRITT, City Attorney (Corporate Seal) 7 16F6 GRANTEE CITY OF NAPLES By: BILL BARNETT, Mayor WITNESSES: (l) 4""1. siLynature �q�-•er ��t� ( 2'� Printed /Typed Name (2) Q�' sigUature e.! ' &ey7&kb Printed /Typed Name BUDGET — EXHIBIT "A" 2004 PROJECT — Barber Surf Rake Model 600 HD New Holland 4 -Wheel Drive Tractor Salary/Benefits for 1 Equipment Operator Fuel & Maintenance Contractor & Heavy Equipment Rental 2003 PROJECT — Contractor Front End Loader Rental Large Dump Truck Rental $ 42,500 $ 42,500 $ 32,000 $ 3,000 $30,000 $150,000 $ 10,905 $ 12,055 $ 6,844 $29,804 CA of S 16F6 Apr. 1. 2004 10:25AM collier tourism COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION 16F6 No. 1945 P. 5 Beach Maintenance — Alga"eaweed Removal Equipment Purchase Removal of A lgae/SeaweedAccumulations from City ofWapies Beaches 1. Name and Address of Project Sponsor Organization: The City of Naples, 735 Eighth Street South, Naples, Florida 34102 2. Contact Person} Title and Phone Number: Name: David M. Lykins, Community Services Director Address: 735 Eighth Street South City: Naples, Florida 34102 Phone; 213-7120 Fix: 213 -7130 3. Organization's Chief Official and Title: Bill Bassett, Mayor 4. Details of Project= Description and Location: During the previous two years, the City has experienced heavy accumulations of algae/seaweed that w'sshed ashore, causing access and use challenges of beach arose within the City. Working with Collier County, City staff coordinated the removal of heavier accumulations of algae that the county stag or equipment (surf rake) was unable to remove. Significant efforts continue to be expended by the City to responsibly and timely respond to algae accumulations to insure the public beach areas remain relatively useful for residents and visitors desiring to utilize these resources. This request is for funds to purchase' one 4 -wheel drive tractor and one barber surf rake similar to that previously purchased by Collier County, salary and benefit costa for one vehicle operator, and base fuading for the occasional rental of heavy equipment required to remove algae accumulations that the surf raise is unable to remove. S. Estimated project start date: 01' April 2004 6 Estimated project duraticm: one year 7. Total TDC Tax Funds Requested: $150,000 S. If the fall amount requested cannot be awarded, can the programlprojeet be restructured to accommodate a smaller award? Yes ( ) N'o (X) P �J J C 5 Apr. 1. 2004 10:25AM collier tourism COMM County Tour xt Development Council Category "A" Grant Application Page 2 16PF6 No. 19, o Removal of Alpc/Seaweed Accumulad one from City of Naplea Beaches Equipment Purchase TDC Funds Requested TOTAL $150,000 5150,000 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Barber Surf Rake Model 600RD ' $ 42,500 New Rolland 4 -wheel Drive Tractor $ 42,500 Salary/Benefits 1 Equip. Operator $ 32,000 Fuel & Maintenance $ 31000 Contractor & Heavy Equipment Rental, $ 30,000 TOTAL 1 $150,000 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishmgnt and maintenance and agree that ray organization will Campo With all guidelines and criteria. S store of Spflnsar Organization's Cbief Official Date f. z �� 3 4 S Apr, 7, 2004 10:26AM c. IIier tourism .� 16F6 Va, 19u, P, 12 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Maintenance — Algae/Seaweed Removal Reimbursement Removal of Algae/Seaweed Aciu muladons fibm City ofNaples Beaches 1. Name and Address of Project Sponsor Organization: The City of Naples, 735 Eighth Street South, Naples, Florida 34102 2. Contact Person, Title and Phone Number: Name: David M. Lykius, Community Services Director Address: 735 Eighth Street South City: Naples, Florida 34102 Phone: 213-7120 Fax: 213 -7130 3: Organization's Chief WWII and Title: Bill Barnett, Mayor 4. Details of Project- Description and Location: During the months of September 2003 inclusive of December 2003, the City experienced heavy accumulations of algae/seaweed that washed ashore, causing access and use challenges of beach areas within the City. Working with Collier County, City staff coordinated the removal of heavier aceutnuiations of algae that the county staff or equipment (surf rake) was unable to remove. Significant efforts were expended by • the City to timely insure the public beach areas remained relatively useful for residents and visitors desiring to utilize these reSOUrC�B. The costs for the removal of the algae /seaweed totaled expenditures of $29,804 in unbudgeted ftmding realized by the City, This request is for funds to reimburse the City for the costs of the cleanup associated with the algae/seaweed removal from City beach areas. S. Estimated project start date: 01 September 2003 b. Estimated project duration: one year 7. Total TDC Tax Funds Requested: 529,804 $ If the fall amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) J3 671 LJ c S� Apr, 7, 2004 10:26AM collier tourism Collier County Tourist Development Council Category "A" Grant Application Page 2 Removal of Algee/Seaweed Accumuiafi=s from City of Naples Beaches PROS rte' BUDGET MGRAUX LEMENT AMOUNT TDC Funds Requested S29,804 TOTAL $ 29,804 PROJECT MENS + S: (Engineering, Mobilisation, Contractor, Monitoring etc) Contractor S 10,909 Front End Loader Rental $ 12,055 Large Dump Truck Rental $ 6,844 k ;4 FP6 TOTAL $ 29,804 Y have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and maintenance and agree that my organization will comply with all guidelines and criteria. Signature of Sponsor rganization's Chief Offfeial bate wAt S r 5 C. 1 4 e. t FILE No . 041 07/15 '04 PM 02:29 I D :RISK MANAGEMENT FAX : 9547230942 ACORP, CERTIFICATE OF LIABILITY INSURANCE A >RODUCBR (954) 723 -0939 FAX (954) 71;;; NDICONFERS NO RIGHTS U Risk Management Associates HOLDER. R. THIS CERAQICAF AFFORDED 8211 W. Broward Blvd. Plantation, FL. 33324 S AFFORDING COVERAGE Todd Higley Preferred Governments INSURED ty O ap e5 735 6th Street South Naples, FL. 34102 : __.. : INGURUR E. PAGE 4 DATE (MMfDDI'/VVV) 07/13/2004 PON THE OF INFORMATION NOT AMEND, EXTEND OR D BY THK POLICIES BE-LOW. NAIC # 1 Insurance Trust ANYREQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RSPECTOT�O THE POLICY WHICH THIS CERTIFICATE CATE MAY BE ISSUED OR DIN POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID FLAK ssFPmcTlve Y x IRATIGN uMtte 1R TYPE OF INSURANCE POLICY j�& OENERA LLIABILITY PKFL103 -01 10/01/2003 10/01/2004 a MA URENT 0 $ 2 250 0 IAI:R IF X COMMERCIAL GENERAL LIAEIILITY MED EXP (Any one person) 8 S 0 CLAIMS MADE l...J OCCUR PER80NAI. & Aov INJURY S Incl ud A A OEN'L AGGREGATE LIMIT APPLIf_S PER: POLICYEC FI F7 LOC AUTOMOBILE LIABILITY )( ANY AUTO ALI, OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X COMP DED - $1,000 X COLL DED - S1,000 GARAGE LIABILITY I ANY AU -1.0 EXCES&fUMBRELLA LIABILITY 7 OCCUR a CLAIMS MADE L101120OZ03 -0111 DEDUCTIBLE RETENTION $ tAANY KERS COMPENSATION AND PKFL1011200203 -01 LOYER&' LIABILITY ICER IMEIMBE aFXCI.UDEavECU'flvE. e, deeoribe under,_ . GENERAL AGGREGATE $ 6,000 PRODUCTS - COMPIOP AGO Incl COMBINED SINGLE LIMIT I $ (Ea accldeni) BODILY IN.IURY I & (For person) BODILY INJURY (Per acaldeni) 3 E.1-. FACH ACCIDENT ® 1 000 000 E.L. DISEA8E - FA rMPLOYEE S 1,000,000 F, I., DISEASE - POLICY LIMIT $ 1 000 000 iCRIPTION OP PeRAr1oN0 r LACATI NS f VEHICLES I XC SIONB ADDED EY END eMBNT f SPECIAL PRO I ION )VE LIMAS ARE INOCATIN E OF A 1001000 PERSON�$Zoo, --- ---- 'N& PER F,S.768.28. EXCESS VERAGE APPLICABLE TO "CLAIMS BILLS ", OUT -OF -STATE AND FEDERAL JURISDICTION CLAIMS ONLY 2004/2005 Beach Maintenance and Algea /Seaweed Removal agreement with Collier County Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAY& WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INBURCR, ITS AGENTS OR REPREBENTATIVCS, AUTHORIZED REPRESENTATIVE A . - A . A- ACORD 25 (2001108) FAX: (239)403 -2404 ® ACORD CORPORATION 18E $ n I Y - EA ACCIDENT S MDAMAGE AN EA ACC $ Y: AGO S URRENCE N AGGREGATE $ $ S 3 E.1-. FACH ACCIDENT ® 1 000 000 E.L. DISEA8E - FA rMPLOYEE S 1,000,000 F, I., DISEASE - POLICY LIMIT $ 1 000 000 iCRIPTION OP PeRAr1oN0 r LACATI NS f VEHICLES I XC SIONB ADDED EY END eMBNT f SPECIAL PRO I ION )VE LIMAS ARE INOCATIN E OF A 1001000 PERSON�$Zoo, --- ---- 'N& PER F,S.768.28. EXCESS VERAGE APPLICABLE TO "CLAIMS BILLS ", OUT -OF -STATE AND FEDERAL JURISDICTION CLAIMS ONLY 2004/2005 Beach Maintenance and Algea /Seaweed Removal agreement with Collier County Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAY& WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INBURCR, ITS AGENTS OR REPREBENTATIVCS, AUTHORIZED REPRESENTATIVE A . - A . A- ACORD 25 (2001108) FAX: (239)403 -2404 ® ACORD CORPORATION 18E 16F8 '4 MEMORANDUM Date: April 13, 2004 To: Emilio Rodriguez Isle of Capri Fire and Rescue District From: Maureen Kenyon, Deputy Clerk Minutes & Records Department Re: Isle of Capri Fire and Rescue District's application for a matching 50/50 grant by the Division of Forestry in the amount of $3158.00 Enclosed please find the original application, as referenced above, approved by the Board of County Commissioners on April 13, 2004, (Agenda Item #16F8). Kindly forward these documents to the State of Florida Division of Forestry for the required signatures and upon completion, return one fully executed original of each to Minutes & Records. If you should have any questions, please contact me at 774 -8406. Thank you. Enclosures FLORIDA DEPARTMENT OF AGRICULTERE AND CONSUMER SERVICES DIVISION OF FORESTRY VOLUNTEER FIRE ASSISTANCE GRANT APPLICATION LEGAL NAME: Collier County Board of County Commissioners FORM OF ORGANIZATION: (Municipal, Fire District, Non - Profit, County) County ADDRESS: 175 Capri Blvd CITY: Naples IF COUNTY, LIST VFD'S BENEFITING FROM GRANT: Isles of Capri Fire / Rescue STATE: Florida ZIP: 34113 COUNTY: Collier COUNTY #: EMPLOYER IDENTIFICATION NUMBER E 5 9 6 0 0 10 15 15 8 WHAT IS THE FIRE DEPARTMENT'S ISO RATING? 6 CURRENT COOPERATIVE AGREEMENT WITH DOF? YES NO _ DISTANCE OF CLOSEST MUTUAL AID FIRE DEPARTMENT: 5 ml NAME OF FIRE DEPARTMENT: Marco Island Fire Dept IS FIRE DEPARTMENT LOCATED IN AN INCORPORATED IF YES, NAME OF TOWN: POPULATION OF TOWN: PROTECTED AREA: EST. POPULATION TOWN? No SIZE HAS APPLICANT RECEIVED GRANT FUNDS FROM ANY SOURCE IN THE PAST 12 MONTHS? YES X NO IF YES, FROM WHERE: Florida DOE AMOUNT: $ 1374.50 NUMBER OF FIREFIGHTERS: PAID 8 VOLUNTEER 12 NO. OF INCIDENTS PAST YEAR: WILDLAND FIRE 12 OTHER 369 NUMBER OF FIREFIGHTERS CERTIFIED AS: WILDLAND FIREFIGHTER I 15 WILDLAND FIREFIGHTER II 3 LIST TOTAL FUNDS RECEIVED FROM OTHER TAXING AUTHORITIES SUCH AS CITY, COUNTY, TAXING DISTRICTS (Past 12 Months): AMOUNTS _ LIST OF FIREFIGHTING VEHICLES: TYPE MAKE/YR.MODEL PUMP CAPACITY GPM WATER CAPACITY GAL. Brush 1955 Mack Military 5 -ton 350 750 Brush 1994 Ford F -350 44 250 300 Engine 1985 E -One Hurricane 1250 750 Rescue 2001 Dodge 3500 Rescue 250 300 ESTIMATED GRANT FUNDING REQUEST: LIST OF EQUIPMENT OR SUPPLIES TO PURCHASE WITH GRANT FUNDS: FEDERAL a 3156.54 NUMBER DESCRIPTION AMOUNT 8 Shelters 3200.00 APPLICANT a 3156.54 6 VHF portables (new band) 857.85 COUNTY $ 2 VHF Mobiles (new band) -364.20 TOTAL a 6313.08 1 Base VHF Ant 179.95 (Federal not more than 50% oftotal. Applicant at funds.) least 50% of total in thatching 40 Gallons class "A" foam 460.00 4 Brush gear sets 1251.08 We understand that! t#t4s is i! 50,percent maximum cost -share program (Cooperative Forestry Assistance Act of 1978, PL 95 -313), and that funds on deposit up to 50 percent of the gc'tW purchase price ,of the items approved will be committed to our project. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION ARE TRUE AND CORRECT. THE GOVERNING BODY OF THE APPLICANT HAS DULY AUTHORIZED THIS DOCUMENT. Type Name ofA tth ' d Representative Title Telephone Number Donna la Chairman 239 394 -8770 Sign&" of ut oyked Reeprrese�ntative � Date Signed and Submitted Al't'ES'1• ON I GHT E . B RUCK , APPr4° >a ;al :staiY /AP to � "� ire Agiy. � .� Form AD -1047 peso U. S DEPARTMENT OFAGRICULTURE Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions Lem This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Reds (pages 4722 - 4733). Copies of the regulations maybe obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. (Before completing certification, read instructions on reverse.) (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) have not within a three -year period preceding this application/proposal had one or more public transactions (Federal, State or Local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. NAME PR/AWARD ISLES OF CAPRI FIRE /RESCUE FORESTRY EQUIPMENT PURCHAS AMEAND TITLE OFAUTXORIZEDREPRESENTATIVE Donna Fiala, Chairman Collier Couniyi)Board of Commissioners SIGNATURE AT-TEST: 1 ONIGHT E. 8ROCK CLERK 1� Attest as to Chairun`s signature only. DATE Appromf &leg - �'i Asp County Attorney 16F8 '! OMB Approval No. 0348 -0040 ASSURANCES - NON - CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348 - 0040), Washington, DC 20503. (PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non - Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 7. 1970 (42 U.S.C. § §4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6• Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681- 1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. § §6101 - 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290 dd -3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally- assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. § §1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Previous Edition Usable Standard Form 424B (Rev. 7 -97) Authorized for Local Reproduction Prescribed by OMB Circular A -102 9. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § §327- 333), regarding labor standards for federally- assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § §7401 at seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). ATTEST DWIGHT E. BROCK, CLERK Si SIGNATURE OF, JHORIZED CERTI NG APPLICANT ORGANIZATION Isles of Capri Fire Rescue 1bV8 i1 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271 at seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a -1 et seq.). 14. Will comply with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. § §2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § §4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A -133, "Audits of States, Local Governments, and Non - Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. Approa to legal sufficiency ,A,#3st=t Countq PLUMST TITLE Chairman, Board of County Commisioners DATE SUBMITTED Standard Form 424B (Rev. 7 -97) Back V ' MEMORANDUM Date: April 13, 2004 To: Linda Swisher Ochopee Fire Control District From: Maureen Kenyon, Deputy Clerk Minutes & Records Department Re: Ochopee Fire Control District's application for a matching 50/50 grant by the Division of Forestry in the amount of $2785.00 Enclosed please find the original application, as referenced above, approved by the Board of County Commissioners on April 13, 2004, (Agenda Item #16F9). Kindly forward these documents to the State of Florida Division of Forestry for the required signatures and upon completion, return one fully executed original of each to Minutes & Records. If you should have any questions, please contact me at 774 -8406. Thank you. Enclosures FLORIDA DEPARTMENT OF AGRICULTERE AND CONSUMER SERVI1 6 DIVISION OF FORESTRY g VOLUNTEER FIRE ASSISTANCE GRANT APPLICATION LEGAL NAME: Collier County Board of Commissioners Title FORM OF ORGANIZATION: (Municipal, Fire District, Non -Profit, County) Ochopee Fire Control District ADDRESS: P.O. BOX 25 Chairman IF COUNTY, LIST VFD'S BENEFITING FROM GRANT: CITY: Ochopee STATE: Fl. ZIP: 34141 COUNTY: r'ollier COUNTY #: Date Signed and Submitted EMPLOYER IDENTIFICATION NUMBER(EIN) WHAT IS THE FIRE DEPARTMENT'S 150 RATING? CURRENT COOPERATIVE AGREEMENT WITH DOF? YES J,_ NO _ DISTANCE OF CLOSEST MUTUAL AID FIRE DEPARTMENT: NAME OF FIRE DEPARTMENT: IS FIRE DEPARTMENT LOCATED IN AN INCORPORATED TOWN? es IF YES, NAME OF TOWN: Everglades City POPULATION OF TOWN: SOO PROTECTED AREA: EST. POPULATION 30 QnQ SIZE Mile HAS APPLICANT RECEIVED GRANT FUNDS FROM ANY SOURCE IN STHE PAST 12 MONTHS? YES NO X IF YES, FROM WHERE: AMOUNT: S NUMBER OF FIREFIGHTERS: PAID 12 VOLUNTEER 10 NO. OF INCIDENTS PAST YEAR: WILDLAND FIRE �3_ OTHER SR-3_ NUMBER OF FIREFIGHTERS CERTIFIED AS: WILDLAND FIREFIGHTER 1 _1()_ WILDLAND FIREFIGHTER Il LIST TOTAL FUNDS RECEIVED FROM OTHER TAXING AUTHORITIES SUCH AS CITY, COUNTY, TAXING DISTRICTS (Past 12 Months): AMOUNTS LIST OF FIREFIGHTING VEHICLES: TYPE MAKE/YR.MODEL GAL.) M p Ai� ack ruck 119999 G IM Scottsdale S5PppUppMPPppCAAMPACITY(GPM NON SWAATTERCAPACITY 250 M r 1 GGMM Gal � uPF r 19 g E- onOver IM Interna ionalrHarvester 5 GPM 7558Ga�1aI 1080- GalPFu gr IM RAevrolet Ward LaFrance INOGOAM 18$0 ESTIMATED GRANT FUNDING REQUEST: LIST OF EQUIPMENT OR SUPPLIES TO PURCHASE WITH GRANT FUNDS: FEDERAL S NUMBER DESCRIPTION AMOUNT 39,3. 00 APPLICANT S 1392.50 n y Class A Foam 3q;1 COUNTY S NA TOTAL S J 2785.00 (Federal not more than 50% of total. Applicant at least 50% of total in matching funds.) We understand that this is a 50 percent maximum cost -share program (Cooperative Forestry Assistance Act of 1978, PL 95 -313), and that funds on deposit up to 50 percent of the actual purchase price of the items approved will be committed to our project. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION ARE TRUE AND CORRECT. THE GOVERNING BODY OF THE APPLICANT HAS DULY AUTHORIZED THIS DOCUMENT. Type Name of A rized Representative Title Telephone Number Donna la Chairman ((239))695-4114 Signature A rized R tative _ . Date Signed and Submitted Approved as to form & legal ufficiency County .Attornev ATTEST: DWIGHT E. BROCK,.0 Deputy Clerk signature 6 OFmgl' pp .0348 -OQ40 ASSURANCES - NON - CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for review instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non - Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 7 1970 (42 U.S.C. §§4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681- 1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. § §6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290 dd -3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally- assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. § §1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Previous Edition Usable Standard Form 424B (Rev. 7 -97) Authorized for Local Reproduction Prescribed by OMB Circular A -102 9. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § §327- 333), regarding labor standards for federally- assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § §7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). AkIW.. h. 7 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a -1 et seq.). 14. Will comply with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 at seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A -133, "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. SIGNATURE OF !' ORIZED CERTIFY�G OFFICIAL TITLE Collier County Board of Cossissioners Chairman APPLICANT ORGANIZATION DATE SUBMITTED Ochopee Fire Control District 3 -15-04 Approved as to form & legal sufficiency v stanaara corm 4248 (RBV. 7 -87) BacK ATTEST DWtGHT E. BRQ(K U � E�Brl�s Cha 1 rs" - $ Form AD-1047(j192) U. S. DEPARTMENT OFAGRICULTURE Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 16F9 "I This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part N of the January 30, 1989, Federal Rezister(pages 4722 - 4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. (Before completing certification, read instructions on reverse.) (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of reeds, making false statements, or receiving stolen property, (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) have not within a three -year period preceding this application/proposal had one or more public transactions (Federal, State or Local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. NAME Collier County Board of Commissioners Donna Fiala,, Chairman SIGNATURE Approved as to form & legal sufficiency County Attorney Ochopee Fire Control District ATTEST: DW1(�HT E. 5R9,GP Ct.FR jiuty Clerk Attest Ws to Chair —u's s f 9�attEra o+>t ly.. DATE Form AD -1047 am) (REVERSE) INSTRUCTIONS FOR CERTIFICATION 16F9 :4 1. By signing and submitting this form, the prospective primary participant is providing the certification set out on the reverse side in accordance with these instructions. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out on this form. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such - person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 16F11 CONSENT TO USE EASEMENT AREAS THIS AGREEMENT, made this day of , 2004, between THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter referred to as "County ") and PELICAN BAY FOUNDATION, INC. (hereinafter referred to as "the Foundation "). WHEREAS, County is the holder of certain easements as conveyed by those certain Drainage Easement granted to Pelican Bay Improvement District, recorded in O.R. Book 1236, Page 1730, and O.R. Book 1236, Page 1731, both of the Public Records of Collier County, Florida as assigned by that certain Assignment Agreement to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter collectively "County Easement "), and; WHEREAS, the Foundation desires to construct, install, maintain and utilize a parking area, landscaping and a building within and on a portion of the County Easement; and WHEREAS, County is willing to consent thereto subject to the following terms, stipulations and conditions: 1) Notwithstanding any provision of the Easement which prohibits such construction and installation and subject to the terms, stipulations and conditions stated herein, consent is hereby given by the County to the Foundation to install, construct, maintain and utilize a 643 square foot area above and not below the surface of the County Easement for a building overhang as shown on Exhibit "A" attached hereto and incorporated herein and to install, construct, maintain and utilize a 10,834 square foot area for parking and landscaping within the County Easement in the area described in Exhibit "B" attached hereto and incorporated herein. 2) Foundation accepts this "Consent to Use Easement Areas" with full knowledge of County's prior rights and existing facilities. This consent shall not be construed to reduce or diminish County's prior rights in any way. Foundation accepts and agrees to remove any of the improvements constructed in the easement area in the sole and absolute discretion of the County upon thirty days written notice to the Foundation for any reason whatsoever. 3) Foundation hereby agrees to indemnify, save, defend and hold harmless County (including, without limitation, County's officers, employees, agent nominees and residents) from and against any and all losses, damages (including without limitation, any and all consequential damages), costs, charges, expenses, claims, demands, causes of action, accounts, sums of money, reckonings, bounds, bills, covenants, controversies, agreements, 16F11 ' "' promises, variances, trespasses, executions and liabilities (including reasonable attorney's fees and costs at all levels and /or negotiations) whatsoever, at law or in equity, whether in tort, in contract or otherwise which may be asserted or recovered against County (including, without limitation, County's officers, employees, agents, nominees and residents) whether asserted by suit, proceeding, defenses, counterclaims, setoffs, or otherwise, resulting from Foundation, its successors or assigns, (including without limitation, any and all of its invitees, licensees, franchisees, guests, lessees, employees, agents and nominees) use, enjoyment and occupancy of the Easement pursuant to this Agreement. The foregoing indemnification and hold harmless provision shall not, however, apply to any damages, expenses or claims therefore arising from the sole negligence, gross negligence or willful misconduct of the County, its agents or its employees. All of the terms and provisions of this Agreement shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of the parties hereto. It is mutually understood and agreed that this Agreement, as written covers all the agreements and stipulations between the parties and that no representation or statements, oral or written, have been made, modifying, adding to or changing the terms hereof. Furthermore, the Foundation acknowledges that the granting of this Consent to Use Easement Areas, by the County shall not set a precedent for the County granting future consents. IN WITNESS WHEREOF, the parties hereto, if individual, have executed by their proper officer(s) duly authorized to such end. WITNESSES: ATTV'ST . :. wig t E:a ock; C rk tt�st too cna1-n z U.-VVarture only. Approved as to form and legal sufficiency f PELICA BAY FOUNDATION, INC. B- Name: Its: BOARD OF COUNTY COMMISSIONERS OF COLLI COUNY, FLORIDA Donna Fi a, Chairman Item # A f,,enda Gate 4 Date o Reed nDeputyClerk David Weigel, County Attorney STATE OF FLORIDA COUNTY OF COLLIER 16F11 The foregoing Consent to Use Easement Areas was acknowledged before me this day of N!WO ,2004, by wly as iNgN of the Pelican Bay Foundation, Inc. on ehalf of the corporation. He is personally known to me and did not take an oath. STATE OF FLORIDA COUNTY OF COLLIER My Commission Expires: I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared Donna Fiala, well known to me to be the Chairman of the Board of County Commissioners, Collier County, Florida, being authorized so to do, executed the foregoing Agreement for the purposes therein contained under authority duly invested by the Board of County Commissioners, and that the seal affixed hereto is the true seal of said Board. WITNESS my hand and official seal in the County and State last aforesaid this 13Th day of j,pr (� , 2004. Notary Public (typed name) My Commission Expires: {snY es CAROLYN SUE FILSON MY COMMISSION # CC 898299 o EXPIRES: April 28, 2004 Bonded Thru Notary Public Underwriters 1PRY�P�B(i GWEN 0. RASIWALA ro ' o .r * MY COMMISSION # CC 999172 EXPIRES: February 14, 2005 e _,gTEQFF��po Bonded Thru 8udgnt Notary Services STATE OF FLORIDA COUNTY OF COLLIER My Commission Expires: I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared Donna Fiala, well known to me to be the Chairman of the Board of County Commissioners, Collier County, Florida, being authorized so to do, executed the foregoing Agreement for the purposes therein contained under authority duly invested by the Board of County Commissioners, and that the seal affixed hereto is the true seal of said Board. WITNESS my hand and official seal in the County and State last aforesaid this 13Th day of j,pr (� , 2004. 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WHEREAS, on June 26, 2001, the Board of County Commissioners adopted Ordinance No. 2001 -41, creating the Community Character /Smart Growth Advisory Committee as an ad hoc advisory committee to assist staff in the implementation of a Community Character Plan; and WHEREAS, Ordinance No. 2001 -41 states that the term of this Committee shall expire within two (2) years unless the Board of County Commissioners, by Resolution, extends the term of this Committee; and WHEREAS, on April 22, 2003, the Board of County Commissioners adopted Resolution No. 2003 -165, extending the term of the Committee to June 26, 2004; and WHEREAS, the Community Character /Smart Growth Advisory Committee desires to extend its term for another year. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the term of membership of the Community Character /Smart Growth Advisory Committee is hereby extended for one year, said term to expire on June 26, 2005. This Resolution adopted after motion, second and majority vote. DATED: 41 //� ATTEST: DWIGHT E. BROCK, Clerk D 66ty Ierk l- Attest. `as y aturr or��y;� i art Approved as to form and legal sufficiency: a David C. Weigel County Attorney DCW /kn: h; public; kay;advisoryboards BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONN FIALA, Chairman Item # Agendaf�3 Date Date iiuC'd 1 / v , r BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE April 13, 2004 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: 1. Tuscany Reserve Community Development District — Minutes for December 11, 2003; Affidavit of Publication; Special Warranty Deed; Promissory Note, Easement, Bill of Sale, Financial Report for December 11, 2003 H:Data/Format Tuscanv Reserve Communitv DeveloDI � me i ict 10300 N.W. 11th Manor • Coral Springs, Florida 33071 Telephone: (954) 753 -0380 • Fax: (954) 755 -6701 RECEIVED MAR t 2 200' Date: March 19, 2004 Rcar(i Of - aunty Commissioners Richard D. Yovanovich, Esq. Goodlette, Coleman & Johnson 4001 Tamiami Trail North - #300 Naples, FL 34103 Mr. James Carter Clerk of the Board of Collier County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 From: Stella Loftus for Rich Hans Re: Minutes of Meeting held on December 11, 2003 Approved on March 11, 2003 Enclosed for your records are the minutes of meeting as referenced above. Please keep them on file for public access. Feel free to contact me at (954) 796 -6631 if you have any questions. Thank you. Encl. , 1611 ' -1, 1VIINUTES OF MEETING TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Tuscany Reserve Community Development District was held on Thursday, December 11, 2003 at 10:00 a.m. at the Double Tree Guest Suites, 12200 Tamiami Trail North, Naples, Florida. Present and constituting a quorum were: Gary Gasperini David Salko Wendy Beville Also present were: Rich Hans Gregory L. Urbancic Richard H. McCormick David Caldwell Vice Chairman Assistant Secretary Assistant Secretary District Office Attorney Engineer WCI Communities FIRST ORDER OF BUSINESS Roll Call Mr. Hans called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Acceptance of Resignation Submitted by Rick Mercer and Consideration cf Appointment of Supervisor to Fill Unexpired Term Mr. Hans cited Rick Mercer's letter of resignation dated September 30, 2003, a copy of which is attached hereto and made part of the public record. On MOTION by Mr. Gasperini seconded by Ms. Beville with all in favor Rick Mercer's letter of resignation was accepted. Mr. Hans stated the remaining Supervisors can appoint someone to fill the unexpired term so if anyone has anybody in mind, feel free to nominate him or her. Mr. Caldwell stated let's wait until we have a new project manager. Mr. Hans stated a new Supervisor can be appointed at the next meeting. December 11, 2003 Tuscan I selve .D THIRD ORDER OF BUSINESS Approval of the Minutes of the July 10, 2003 Meeting Mr. Hans stated that each Board member had received a copy of the minutes of the July 10, 2003 meeting and requested any additions, corrections or deletions. There not being any, On MOTION by Mr. Gasperini seconded by Mr. Salko with all in favor the minutes of the July 10, 2003 meeting were approved. FOURTH ORDER OF BUSINESS Consideration of Acceptance of Phase I Utilities and Approval Conveyance ID Collier County Utilities Mr. Hans stated Mr. Caldwell sent a letter to the Board explaining what is going on with regard to this item. The facilities need to be accepted by this Board as complete, and the District will convey them to Collier County for final ownership and maintenance. As part of the original engineering agreement, the District will fund that part of the infrastructure. At this time, the bonds have not been issued, so this letter indicates that the District will repay developer $188,043.81 when the bonds are issued. Mr. Caldwell stated the Board is in receipt of my letter dated December 10, 2003, which outlines the request by the company to turnover the Phase IA-1 and PhaselA -2 potable water sanitary lines that are complete near the entry of Tuscany Reserve and the first portion of Tuscany Reserve Drive. The value of that system is $180,043.81. The nature of the package on the conveyances is for WCI to transfer this asset to the District and the District, in turn, conveys the identical system to Collier County Utilities. There is some urgency to this because the utilities are necessary for our sales office facilities, and we cannot get a Certificate of Occupancy without utilities. The form of the documents conveying the utilities are in the same format Collier County requires as if it were from the developer to the county. We sent similar documents to the District's counsel for the conveyance from the District to the County for their execution, and we also included a Promissory Note from the District back to the developer for payment of $188,043.81. The Promissory Note provides that the District will pay the developer for the value of the system only in the event it issues bonds to finance the infrastructure of the District. If the District never goes forward with the financing, there will be no obligation for the District to pay the developer. 2 December 11, 2003 w .I Tuscany Reserve C.1.1 On MOTION by Mr. Gasperini seconded by Mr. Salko with all in favor the Phase I Utilities from the Developer were accepted. On MOTION by Mr. Salko seconded by Mr. Gasperini with all in favor the Phase 1A -1 and Phase 1A -2 at (Tuscany Reserve Utility Easement was approved. On MOTION by Mr. Gasperini seconded by Mr. Salko with all in favor the Conveyance of the Phase I Utilities. to Collier County was approved. On MOTION by Mr. Salko seconded by Mr. Gasperini with all in favor the Promissory Note with WCI Communities, Inc. in the amount of $188,043.81 for the Phase I Utilities if bonds are issued. 1611 .a Mr. Salko asked are the certifications of the utilities included in this package? Mr. McCormick asked are you referring to engineering testing? Mr. Salko responded yes. Mr. McCormick stated the way Collier County handles turnovers is they want to receive all of the legal documents, which are reviewed by their attorney. Afterwards, they give us the `green light' to submit the testing we have done along with our engineering certifications and record drawings, which they review. Follow -up items such as a performance bond will probably come from the C.D.D. as well as other final payment issues. At that point, the County accepts the utilities. It is a 45 to 60 day period, and this is the first step. The $188,043.81 is what has been placed in the ground. The value of those utilities will be conveyed to Collier County. Mr. Hans asked where does the balance of the soft costs get funded? Mr. Caldwell responded typically, at the time you issue the bonds, there should be certain requisitions that come to the Board for approval. In the normal course of events, the documents should include any hard assets that are being turned over such as utilities, water management, roadways, landscaping, etc. You would see invoices for these types of hard assets. There would also be the corresponding professional services that went along with that so if the design fees were "x" dollars, it would be whatever the hard asset costs are plus the "x" dollars 3 December 11, 2003 Tuscany Reserve C.D D.,ow 1 in professional fees. In this case, you are looking at $188,043.81 w1 or hard costs, so the Board will not be asked to consider any of the professional services until time of bond issuance. Mr. Gasperini asked have you completed your initial testing? Mr. McCormick responded we have done record drawings, and the contractor has provided us with video tapes of the sewer, warranties on the sewer, their list of assets, but some things such as pressure testing still needs to be done, but all of that is scheduled for the next few weeks. Mr. Salko asked if the County has any minor comments on any of these materials, is there a requirement to meet again, or is there flexibility in this approval to make minor changes? Mr. Caldwell responded I cannot speak to that. When the County receives this package, they will have to get comfortable with the fact that they are receiving the asset from the District versus the developer. Collier County has a great deal of experience in accepting utilities from Districts. They have to make sure of all the precedent conditions before they even look at the basic conveyance documents. There will be feedback from the County to the District in that regard. At staff level, you can expect interphase with county staff for answering questions or providing documentation. As to any latitude the Board may have in modifying documents, the Board will have to speak to this. Mr. Urbancic stated I believe we would have some flexibility. The authorization was to execute the conveyance and make minor typographical changes. If there is something more substantive, then I recommend coming back and formalizing that situation. Mr. Salko asked does the issuance of the performance bonds come from the C.D.D.? Mr. Caldwell responded no. It will come from the developer. We probably already have a larger bond posted, and we will deal with this from a developer's perspective. We would never ask the District to put up bonds. Mr. Gasperini asked is this the first package that the District will be conveying to the county? Mr. Caldwell responded yes, but basically it is just utilities. There will be future packages of utilities that have to be dealt with as well. 4 December 11, 2003 FIFTH ORDER OF BUSINESS Staff Reports A . Attorney There not being any, the next item followed. B. Engineer There not being any, the next item followed. C. Manager There not being any, the next item followed. Tuscany Reserve C.D.D. 1611'1 SIXTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments There not being any, the next item followed. SEVENTH ORDER OF BUSINESS Approval of Invoices and Funding Requests 11, 12, 13, 14 and 15 On MOTION by Ms. Beville seconded by Mr. Salko with all in favor Funding Request No. 11 in the amount of $3,733.52; Funding Request No. 12 in the amount of $428.14; Funding Request No. 13 in the amount of $8,994.00; Funding Request No. 14 in the amount of $4,285.13; and Funding Request No. 15 in the amount of $7,999.24 were approved. There being nothing further, I IOn MOTION by Mr. Salko seconded by Ms. Beville wit %]I all in favor the meeting was adiourned at 10:20 a.m. I David SalkoZ Assistant S cretary 5 Gary CrYsperini Vice Chairman AGENDA 1611 , TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT Thursday Double Tree Guest Suites December 11, 2003 12200 Tamiami Trail North 10:00 a.m. Naples, Florida 1. Roll Call 2. Acceptance of Resignation Submitted by Rick Mercer and Consideration of Appointment of Supervisor to Fill this Unexpired Term of Office 3. Approval of the Minutes of the July 10, 2003 Meeting 4. Consideration of Acceptance of Phase I Utilities and Approval of Conveyance to Collier County Utilities 5. Staff Reports A. Attorney B. Engineer C. Manager 6. Supervisor's Requests and Audience Comments 7. Approval of Invoices and Funding Requests 11, 12, 13, 14 and 15. 8. Adjournment NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice was published in said newspaper 1 time in the issue on December 4th, 2003 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of t year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor _ promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. !J ( Signature of affiant) Sworn to and subscribed before me This 3rd day of December ,2003 (Signature of notary public) pVe ""PAY Harriett Harriett Bushong *= *1 MY COMMISSION K OD234689 EXPIRES "v `�° 3uh, 24, 2007 BONDED THPU TPC. FAIN INSURANCE, INC 1611 ON .%" To: Board of Supervisors 1611 Tuscany Reserve Community Development District From: Rick Mercer Date: September 30, 2003 I hereby resign my position with the TRCDD effective immediately. Thank you for the opportunity to serve on the Board and good luck with the wonderful Tuscany Reserve community. Sincerely, Rick Mercer 385 7`h Street Southwest Naples, Florida 34117 (239) 353 -2905 WCI COMMUNITIES, INCA 4301 WALDEN CENTER DR. BONITA SPRINGS, FLORIDA 34134 TEL (239) 947 -2600 wcicommunities. com Dece ber 10, 2003 Board of Supervisors Tuscany Reserve Community Development District c/o Severn Trent Services 10300 NW I Vh Manor Coral Springs, FL 33071 RE: Tuscany Reserve Conveyance of Utilities to Collier County Utilities Phase 1 A -1 and Phase 1 A -2 Dear Board Members: 1611 WCI Communities., Inc. (WCI) has recently completed an certain potable water and sanitary sewer facilities at the entrance to Tuscany Reserve and along Tuscany Reserve Drive which is now ready for turnover to the utility provider, Collier County Utilities ( County). The completed facilities are known as Phase 1 A -1 and Phase 1 A -2. It is WCI's desire to have the Tuscany Reserve CDD accept the ownership of this line on an interim basis and then transfers it interest to the County. As background, previously the District's Engineer prepared what is known as an Engineer's Report which identified the infrastructure needs of Tuscany Reserve and which infrastructure the District will finance, own and operate. Potable water and sanitary sewer systems were recommended for being financed by the District. However since the District is not the local utility provider, it will transfer the water and sewer assets to the County for its ownership and operation. Since the development of Tuscany Reserve is well underway and schedule wise, ahead of the process of the District's capital financing plan, we still need to act as if all the pieces of this puzzle were in place. Accordingly, l have enclosed for the Board's consideration certain documents related to this first transfer of assets to the District. Included are a) location map, b) Bill of Sale including the Engineer's Verification of Final Construction Cost ,c) Utility Warranty Deed , d) Owner's Affidavit, e) Attorney's Affidavit, f) Promissory Note, and g) Easement. I am requesting that the Board accept the asset and to authorize staff to prepare the necessary conveyance documents and approve the transfer of same from the District to the County. Further, because it is expected that the District will issue bonds for the capital financing of the infrastructure, including this water line, I request that the Board approve a promissory note payable to WCI for the payment of the asset value of $188,043.81 subject to the District's issuance of capital financing. In the event the District did not proceed with a bond issue , it would owe nothing to WCI. I will be at the December I l th Board meeting to discuss this matter further and address any questions you may have. Sincerely, t David Caldwell Project Manager Enc. CC: Rich Hans Richard Yovanovich, Esq. Richard McCarrier, P.E. Creating Lasting Lifestyles FIGURE 3 - MASTER SITE PLAN D ��q mill If imp Try 1\ ........... Am f� cm t �; 1 ---------- - - - - ------- 1611"*1 Bill of Sale This Instrument prepared by: 161 1 411111 Michael D. Kaminer, Esq. 24301 Walden Center Drive Bonita Springs, FL 34134 BILL OF SALE (Phase 1A -1 and Phase 1A -2 at Tuscany Reserve) THIS BILL OF SALE evidencing the sale and conveyance of the potable water and sanitary sewer utility facilities described herein is made this LLft day of December, 42903, by WCI COMMUNITIES, INC., a Delaware corporation (hereinafter referred to as "Seller')"the TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT, its successors and assigns, (hereinafter referred to as 'Buyer'). WITNESSETH: That said Seller, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Seller in hand paid by the said Buyer, the receipt of whereof is hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents does grant, bargain, sell, transfer, set over and deliver unto the Buyer, and the Buyers heirs, successors and assigns forever, those certain potable water and sanitary sewer utility facilities lying within the following described land, together with appurtenant easement rights for the operation, installation and maintenance of said potable water and sanitary sewer utility facilities, situate, lying and being in Collier County, Florida, to wit: A portion of Tract "R" of Tuscany Reserve according to the plat thereof as recorded in Plat Book 39, Page 88, of the Public Records of Collier County, Florida, as more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference. The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns, that it is the lawful owner of the said goods and chattels herein referred to as the potable water and sanitary sewer utility facilities, that said goods and chattels are free from all liens and encumbrances; that it has good right, title and authority to sell same, and that it will warrant and defend the same against the lawful claims and demands of all persons whomsoever. Seller and Buyer are used for singular or plural, as the context requires. IN WITNESS WHEREOF, SELLER and year „first above writto. _ / Printt Name:( —ZY ff& STATE OF FLORIDA COUNTY OF LEE has caused these presents to be executed the date WCI COMMUNITIES, INC., a Delaware a Delaware corporation By: r �� Timothy Oak Its: Vice President The foregoing Bill of Sale was acknowledged before me by Timothy Oak, as Vice President of WCI Communities, Inc., Delaware corporation, on behalf of the corporation. He is personally known to me. WITNESS my hand and official seal this day of December, 2003. 5� ad oG My Commission Expires tary Public EM . VAN DEUSEN ION R DD 118229 : May 20, 200.65 Legal :lMDKlTuscanyReservelUtility Turnover /Bill of Sale WCI to COD af'�"�^c MMen 1611�� PHASE IA -1 AND PHASE 1A -2 AT TUSCANY RESERVE SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION: A parcel of land lying in Section 12, Township 48 South, Range 25 East, also being a portion of Tract "R" of Tuscany Reserve according to the plat thereof as recorded in Plat Book 39, Page 88, of the Public Records of Collier County Florida, and being more particularly described as follows: BEGINNING at the Northerly intersection of said Tract "R" of Tuscany Reserve and the East right -of -way line of Livingston Road, thence N.8995'13 "E., 110.77 feet to a point on a curve; thence Easterly, 121.76 feet along the arc of a curve to the right having a radius of 107.00 feet and a central angle of 65 °12'00" (chord bearing N.8995'13 "E_, 11530 feet); thence N.89 °35'13 "E., 209.89 feet to a point of curvature; thence Northeasterly, 39.27 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 90 °00'00" (chord bearing N.44 °35'13 "E., 35.36 feet) to a point of tangency; thence N.00 °2447 "W., 77.20 feet; thence N.89 °35'13 "E., 50.00 feet; thence 5.00 °24'47 "E., 88.29 feet to a point of curvature; thence Southeasterly, 26.46 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 60 °38'48" (chord bearing S.30 °44'10 "E., 25.24 feet) to a point of reverse curvature; thence Southerly, 114.69 feet along the arc of a curve to the right having a radius of 77.00 feet and a central angle of 85 °20'30" (chord bearing S.18 °23' 19 "E., 104.38 feet) to a point of reverse curvature; thence Southerly, 27.68 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 63 °26'55" (chord bearing S.07 °26'31 "E., 26.29 feet) to a point of compound curvature; thence Easterly, 445.12 feet along the arc of a curve to the left having a radius of 325.00 feet and a central angle of 78 °28'23" (chord bearing 5.78 °24'10 "E., 411.14 feet) to a point of tangency; thence N.62 °21'38 "E., 282.70 feet to a point of curvature; thence Easterly, 410.19 feet along the arc of a curve to the right having a radius of 525.00 feet and a central angle of 44 °45'58" (chord bearing N.84 °44'37 "E., 399.84 feet) to a point of tangency; thence 5.72 °52'24 "E., 229.17 feet to a point of curvature; thence Easterly, 338.53 feet along the arc of a curve to the left having a radius of 450.00 feet and a central angle of 43 °06'10" (chord bearing N.85 °34'31 "E., 330.60 feet) to a point of tangency; thence N.64 °01'26 "E., 75.51 feet to a point of curvature; thence Easterly, 353.60 feet along the arc of a curve to the right having a radius of 775.00 feet and a central angle of 26 °08'31" (chord bearing N.77 °05'42 "E., 350.55 feet); thence 5.00 °09'58 "W., 50.00 feet to a point on a curve; thence Westerly, 330.79 feet along the arc of said curve to the left having a radius of 725.00 feet and a central angle of 26 °08'31" (chord bearing S.77 °05'42 "W., 327.93 feet) to a point of tangency; thence S_64 °01'26 "W., 75.51 feet to a point of curvature; thence Westerly, 376.14 feet along the arc of a curve to the right having a radius of 500.00 feet and a central angle of 43 °06'10" (chord bearing S.85 °34'31 "W., 367.33 feet) to a point of tangency; thence N.72 °52'24 "W., 229.17 feet to a point of curvature; thence Westerly, 371.13 feet along the arc of a curve to the left having a radius of 475.00 feet and a central angle of 44 °45'58" (chord bearing 5.84 °44'37 "W., 361.76 feet) to a point of tangency; thence S.62 °21'38 "W., 282.70 feet to a point of curvature; thence Westerly, 518.24 feet along the arc of a curve to the right having a radius of 375.00 feet and a central angle of 79 °10'53" (chord bearing N.78 °02'55 "W., 477.97 feet) to a point of reverse curvature; thence Westerly, 25.52 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 58 °2937" (chord bearing N.67 °42117 "W., 24.43 feet) to a point of reverse curvature; thence Westerly, 46.51 feet along the arc of a curve to the right having a radius of 77.00 feet and a central angle of 34 °36'40" (chord bearing N.79 °38'46 "W., 45.81 feet) to a point of reverse curvature; thence Westerly, 12.25 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 28 °04'21" (chord bearing N.76 °22'36 "W., 12.13 feet) to a point of tangency; thence 5.89 °35'13 "W., 437.96 feet; thence N.00 °24'47 "W., 140.00 feet to the POINT OF BEGINNING. Containing 4.430 acres, more or less. Prepared By: Heidt & Associates Inc 3800 Colonial ��gd,Slljte 200 Fort Myer4; fioriLia 33 2,, (239) 482 Date: Ra dall- L.11len a PSM 6091 Florida PtofesSt�Suive�sor and Mapper , . 1„ ' EXHIBIT "A" Page 1 of 2 1611 DESCRIPTION SKETCH F DELTA ARC TANGENT Z W W �o BEARING 1 107.00 W 121.76 C3 r g -- -� = = =g -________________________` � �- -- r0,6 -- 1 f- f�- 1- I- I- rr�r-� 1 ,BjOjK, A l 1 1 1 1 1 1 1 1 I 1 1 r'�; 25.00 35.36 N.4435'13'E. oYl 25.00 60'38'48' 26.46 - -o-0 25.24 1 0' I I Q 1 it o f 85'20'30" 1 TRACT GC -1 104.38 S.18'23'19"E. U) C 2 1 Cl L2 C] C $ r `1fi.� i C9 I 1 27.68 Z 1 S.BT35.13 -W. C16 ;}� ' �g ij4 c12 ab 551 1 cto �o ED 7.96 C5 22 �0 '�� 9•T7• Y. fi 1 1 5• o rz-I C15 C 14 s 6'L10 _-� �t c t t \ �' 1g 5� 1wN I "15- I i w m l o H II I \ C IJ 11W1 1 vi I - -- TUSCANY RESERVE DRIVE Ita 1 43'06'10' 338 -53 (TRACT W' 330.60 N.85'34'31 'E. 9 775.00 (i D C I 353.60 I i TRACT CA -1 II 00 1 ' 10 II 26'08'31' 1 re 1'am' 168.33 327.93 S.77'05'42W. 1 01 i 500.00 4506'10' 376.14 197.47 367.33 S.8534'31'W. 12 0 I I 44'45'58' 371.13 CURVE DATA TABLE l ' S.SV44'37'W. NO. RADIUS DELTA ARC TANGENT CHORD BEARING 1 107.00 6572'00" 121.76 68.43 115.30 1 N.89'35'1 3'E. 2 25.00 90'00'00" 39.27 25.00 35.36 N.4435'13'E. 3 25.00 60'38'48' 26.46 14.62 25.24 S.M4-4'10'E. 4 77.00 85'20'30" 114.69 70.98 104.38 S.18'23'19"E. 5 25.00 63'26'55' 27.68 15.45 26.29 S.07'26'31 "E 6 325.00 78'28'23' 445.12 265.41 411.14 S.78.24'1O'E. 7 525.00 44'45'58" 410.19 216 -21 399.84 N.84 44'37`E 8 450.00 43'06'10' 338 -53 177.73 330.60 N.85'34'31 'E. 9 775.00 26'08'31" 353.60 179.93 350.55 N.77*05'42'E. 10 725.00 26'08'31' 330.79 168.33 327.93 S.77'05'42W. 11 500.00 4506'10' 376.14 197.47 367.33 S.8534'31'W. 12 475.00 44'45'58' 371.13 195.62 361.76 S.SV44'37'W. 13 375.00 79'10'53' 518.24 310.12 477.97 N.78'02'55 'W. 14 25.00 5829'37" 25.52 14.00 24.43 N.6742'17'W. 15 77.00 3,06'40' 46.51 23.99 45.81 N.7T38'46W. 16 25.00 2804'21' 12.25 6.25 12.13 N.7622'36W. LINE DATA TABLE Li N.89'35'13'E. 110.77 L2 N.89'35'1 3'E. 209.89 L3 N.00'24'47W. 77.20 L4 N.8735'1 3"E. 50.00 LS S- 00'24'47 "E 88.29 L6 N.00'24'47 W. 140.00 NOTES: If 11111.1x„•• 1. Bearings are based on the North Line of the Tract "R" having a bearing of ( N 07' RAN .F_Y•) 2. See Sheet 1 of 2 for Legal Description. l RANDALL L."HENDRA PSIIX 8091 CERTIFICATE OFALJrQRIUTIONNO.La148 SKETCH OF LEGAL DESCRIPt N FOR - PRePARm Br: HEIDT B. ASSOCIATES, Inc. PHASE IA -1 AND PHASE IA-2 ATTUSCANYI- RESERVE Tampa •> Fort Myers SECTION 12, TOWNSHIP 46 SOUTH, RANGE 25 EAST awL ENCINEERINC Foe Myer Orr- Prepared For: WCI CONIMVNITIES INC. PL,aNNwc 3800 Colo.ual 01w, SWe 200 Dan. RH Ck - DWG: TY- PHI- MLIIY -LGL SURVEYING Ear[""- F"'I" 33912 vr,o. 239- 482-1225 SHEET 2 OF 2 Date: 12 -B -03 Order No.: WST -TR -049 ENVIRONMEfYTAL PERMITTING FAX, 239- 482 -2103 11 n SECTION 12 TOWNSHIP 4B S RANGE 25 E LANDSCAPE ARCHITECTURE MIBIT A _ _ COLLEA COWJiY, FLORIDA HEIDT &ASSOCIATES, INC. CIVIL ENGINEERING PLANNING SURVEYING ENVIRONMENTAL PERMITTING LANDSCAPE ARCHITECTURE 1 ENGINEER'S VERIFICATION OF FINAL WATER/FORCE MAIN CONSTRUCT110 Project Name: Tuscany Reserve Phase IA-1 And IA-2 Date: December 8, 2003 Project Number: WST -TR -006 SUMMARY Sanitary Sewer $59,155.33 Potable Water $128,888.48 TOTAL $188,043.81 Richard H. McCormick, P.E. Florida Registration No. 48812 12/°8/2°°3 Heidt Associates, Inc. Page 1 of 3 Verification of Final Cost PH1A -1 1A -2.xls HEIDT & ASSOCIATES, INC. CIVIL ENGINEERING PLANNING SURVEYING ENVIRONMENTAL PERMITTING LANDSCAPE ARCHITECTURE ENGINEER'S VERIFICATION OF FINAL WATER/FORCE MAIN CONSTRUCTION COSTS Project Name: Tuscany Reserve Phase IA -1 And IA-2 Date: December 8, 2003 Project Number: WST -TR -0061 6 1 71, ITEM ITEM UNIT NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT SANITARY SEWER 3.01 8" PVC Force Main (C -900, DR 25) 2,906 LF $12.97 $37,690.82 3.02 8" PVC Force Main (C- 900,DR 14) 569 LF $15.79 $8,984.51 3.03 8" Plug Valve 3 EA $1,400.00 $4,200.00 3.04 Air Release Valve 2 LF $1,200.00 $2,400.00 3.05 Install 16" Steel Casing 70 LF $84.00 $5,880.00 Sanitary Sewer Sub -Total = $59,155.33 1 2/0 812 00 3 Heidt Associates, Inc. Page 2 of 3 Verification of Final Cost PHI A-1 1A -2xls HEIDT & ASSOCIATES, INC. CIVIL ENGINEERING PLANNING SURVEYING ENVIRONMENTAL PERMITTING LANDSCAPE AC FC I ENGINEER'S VERIFICATION OF FINAL WATER/FORCE MAIN CONSTRUCTION COSTS Project Name: Tuscany Reserve Phase IA -1 And IA -2 Date: December 8, 2003 Project Number: WST -TR -006 ITEM ITEM UNIT NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT POTABLE WATER 4.01 10" PVC Main (C -900, DR18) 75 LF $14.78 $1,108.50 4.02 10" PVC Main (C -900, DR14) 208 LF $16.94 $3,523.52 4.03 12" PVC Main (C -900, DR18) 2,994 LF $19.29 $57,754.26 4.04 12" PVC Main (C -900, DR14) 190 LF $22.38 $4,252.20 4.05 10" Gate Valve 2 EA $1,150.00 $2,300.00 4.06 12" Gate Valve 5 EA $1,400.00 $7,000.00 4.07 Fire Hydrant Assembly 10 EA $2,225.00 $22,250.00 4.08 Air Release Valve 2 EA $1,000.00 $2,000.00 4.09 Permanent Sample Point 1 EA $1,300.00 $1,300.00 4.10 1" Single Service 2 EA $300.00 $600.00 4.11 12 "x12" Tapping Sleeve and Valve 1 LS $4,000.00 $4,000.00 4.12 Jack and Bore 24" Steel Casing 120 LF $190.00 $22,800.00 Potable Water Sub Total = $128,888.48 Heidt Associates, Inc. Page 3 of 3 12/08/2003 Verification of Final Cost PH1A -1 1A -2.xls This instrument prepared by: 161 1 Michael D. Kaminer 24301 Walden Center Drive Bonita Springs, FL 34134 Parcel ID# 78534001565 UTILITY FACILITIES WARRANTY DEED (Phase 1A -1 and Phase 1A -2 at Tuscany Reserve) THIS INDENTURE made this _111— day of December, 2003, between WCI COMMUNITIES, INC., a Delaware corporation, whose principal offices are at 24301 Walden Center Drive, Bonita Springs, Florida 34134 (hereinafter referred to as "Grantor"), and TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT, its successors and assigns, whose address is: c/o Richard Yovanovich, Esquire, 4001 Tamiami Trail North, Naples, FL 34103, (hereinafter referred to as "Grantee "). WITNESSETH: That said Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said Grantee, and Grantee's heirs, successors and assigns forever, the potable water and sanitary sewer utility facilities lying within the following described land, together with appurtenant easement rights for the operation, installation and maintenance of said water and sewer utility facilities, situate, lying and being Collier County, Florida, to wit: A portion of Tract "R" of Tuscany Reserve according to the plat thereof as recorded in Plat Book 39, Page 88, of the Public Records of Collier County, Florida, as more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Property") and said Grantor does hereby fully warrant the title to said potable water and sanitary sewer utility facilities and will defend the same against the lawful claims of all persons whomsoever. For the purposes of this conveyance, the potable water and sanitary sewer utility facilities conveyed herein shall not be deemed to convey any of the lands described in herein. Grantor and Grantee are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor have caused these presents to be executed the date and year first above written. WCI COMMUNITIES, INC., a Delaware corporation Print Name: �(L B y P e �" �� Timothy Oak Its: Vice President STATE OF FLORIDA COUNTY OF LEE The foregoing Utility Facility Warranty Deed was acknowledged before me by Timothy Oak, as Vice President of WCI Communities, Inc., a Delaware corporation, on behalf of the corporation. He is personally known to me. WITNESS my hand and official seal this J/%`-day of December, 2003. My Commission Expires: S�aO /off ota ublic 6- JOYCE E. VAN DEUSEN MY COMMISSION # DD 118229 Legal:/ MDI(l ruscanyReserve /UtilityTurnoverlUtilityDeed WCI to CDD EXPIRES: May 20,20W 1611" PHASE 1A -1 AND PHASE IA -2 AT TUSCANY RESERVE SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION: A parcel of land lying in Section 12, Township 48 South, Range 25 East, also being a portion of Tract "R" of Tuscany Reserve according to the plat thereof as recorded in Plat Book 39, Page 88, of the Public Records of Collier County Florida, and being more particularly described as follows: BEGINNING at the Northerly intersection of said Tract "R" of Tuscany Reserve and the East right -of -way line of Livingston Road, thence N.89'35'1 3"E., 110.77 feet to a point on a curve; thence Easterly, 121.76 feet along the arc of a curve to the right having a radius of 107.00 feet and a central angle of 65 °12'00" (chord bearing N.89 °35'13 "E., 115.30 feet); thence N_89 °35'13 "E., 209.89 feet to a point of curvature; thence Northeasterly, 3927 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 90 °00'00" (chord bearing N.44 °35'13 "E., 35.36 feet) to a point of tangency; thence N.00 024'47 "W., 77.20 feet; thence N.89 °35'13 "E., 50.00 feet; thence S.00°24'47 "E., 8829 feet to a point of curvature; thence Southeasterly, 26.46 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 60 038'48" (chord bearing S.30 °44'10 "E., 25.24 feet) to a point of reverse curvature; thence Southerly, 114.69 feet along the arc of a curve to the right having a radius of 77.00 feet and a central angle of 85 °20'30" (chord bearing S.18 °23'19 "E_, 104.38 feet) to a point of reverse curvature; thence Southerly, 27.68 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 63 °26'55" (chord bearing S.07 °26'31 "E., 2629 feet) to a point of compound curvature; thence Easterly, 445.12 feet along the arc of a curve to the left having a radius of 325.00 feet and a central angle of 78 °28'23" (chord bearing S.78 °24'10 "E., 411.14 feet) to a point of tangency; thence N.62 °21'38 "E., 282.70 feet to a point of curvature; thence Easterly, 410.19 feet along the arc of a curve to the right having a radius of 525.00 feet and a central angle of 44 °45'58" (chord bearing N.84 °44'37 "E., 399.84 feet) to a point of tangency; thence S.72 °52'24 "E., 229.17 feet to a point of curvature; thence Easterly, 338.53 feet along the arc of a curve to the left having a radius of 450.00 feet and a central angle of 43 °0610" (chord bearing N.85 °34'31 "E., 330.60 feet) to a point of tangency; thence N.64 °01'26 "E., 75.51 feet to a point of curvature; thence Easterly, 353.60 feet along the arc of a curve to the right having a radius of 775.00 feet and a central angle of 26 °08'31" (chord bearing N.77 °05'42 "E., 350.55 feet); thence S.00 °09'58 "W., 50.00 feet to a point on a curve; thence Westerly, 330.79 feet along the arc of said curve to the left having a radius of 725.00 feet and a central angle of 26 °08'31" (chord bearing S.77 °05'42 "W., 327.93 feet) to a point of tangency; thence S.64 °01'26 "W., 75.51 feet to a point of curvature; thence Westerly, 376.14 feet along the arc of a curve to the right having a radius of 500.00 feet and a central angle of 43 °06'10" (chord bearing S.85'34'3 1"W., 367.33 feet) to a point of tangency; thence N.72 °52'24 "W_, 229.17 feet to a point of curvature; thence Westerly, 371.13 feet along the arc of a curve to the left having a radius of 475.00 feet and a central angle of 44 °45'58" (chord bearing S_84 °44'37 "W., 361.76 feet) to a point of tangency; thence S.62 °21'38 "W., 282.70 feet to a point of curvature; thence Westerly, 518.24 feet along the are of a curve to the right having a radius of 375.00 feet and a central angle of 79 °10'53" (chord bearing N_78 °02'55 "W., 477.97 feet) to a point of reverse curvature; thence Westerly, 25.52 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 58 129'37" (chord bearing N.67 °42'17 "W., 24.43 feet) to a point of reverse curvature; thence Westerly, 46.51 feet along the arc of a curve to the right having a radius of 77.00 feet and a central angle of 34 °36'40" (chord bearing N.79 °38'46 "W., 45.81 feet) to a point of reverse curvature; thence Westerly, 12.25 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 28 °04'21" (chord bearing N.76 °22'36 "W., 12.13 feet) to a point of tangency; thence S.89 °35'13 "W., 437.96 feet; thence N.00 °24'47 "W., 140.00 feet to the POINT OF BEGINNING. Containing 4.430 acres, more or less. Prepared By: Heidt & Associates Inc 3800 Colonial Q�yd, l�e 200 Fort Myerg; F'),orioa 3392% (239) 482 =72 -- ;__. •r✓ r � = Date: Ra dall -K. Hen PSM 6091, FioridaPtofesSiro6lr Svrive qt -arid Mapper • "; ,'. C , EXHIBIT "A" - Page 1 of 2 1611' " DESCRIPTION SKETCH RADIUS DELTA ARC TANGENT CHORD BEARING 1 W 6512'00' 121.76 68.43 115.30 W Eo 2 _T_- o ___ ___- _-I -- -I _�l _�l _�l - - -a�1f _-_r1 = W -- II_- r_r__�_T- �l B O K,A " T�_�_- 1- I_� l \- 1 60'38148' 26.46 rI, 3 � 4 J-L1111 -i-JJJ- I- LLL1111J, I ol 70.98 104.38 S.18'23'19'E 5 25.00 63'26'55' 27.68 15.45 ioo S.07'26'31 'E 1 J TRACT GC -1 71'28723' 445.12 265.41 1�J /1 17 C 2 ao 1 Cl L2 ca C S,1 1 I t 1 26� 1 co 1 1 44 45'58" z S.89'35 "13'11'. C 16 yb 7.9 c 2 9 I24 >� N6 �5 ?1 t o 1. all I o r/ -�CCt\ \ 338.53 1 mo Ir----- a 56,�•ya �8�1j, c11 x`'616 ?� liM 26'08'31" o� 179.93 350.55 N.77'05'42 "E 10 725.00 TUSCANY RESERVE DRIVE 168.33 327.93 S.77'05'42W. I (TRACT 'R' 500.00 (I 1 1 197.47 I� S.8534'31"W. I;nt 475.00 44'45'58" jl TRACT CA-1 195.62 li o 1 13 I I 79'10'53' Il ;ml I l a- � 1 477.97 L 14 25.00 58'29'37" 25.52 14.00 24.43 N.6T42'17'W. 15 77.00 34'36'40" 46.51 23.99 45.81 NJT38 46'W. 16 25.00 o 4 i I 6.25 CURVE DATA TABLE N.76'22'36"W. i ' N0. RADIUS DELTA ARC TANGENT CHORD BEARING 1 107.00 6512'00' 121.76 68.43 115.30 1 N.89'35'13 "E. 2 25.00 90x00'00' 39.27 25.00 35.36 N.4435'13'E 3 25.00 60'38148' 26.46 14.62 25.24 S.30'44' 10"E. 4 77.00 8520'30' 114.69 70.98 104.38 S.18'23'19'E 5 25.00 63'26'55' 27.68 15.45 26.29 S.07'26'31 'E 6 325.00 71'28723' 445.12 265.41 411.14 S.7824'1 0 "E 7 525.00 44 45'58" 410.19 216.21 399.84 N."4437'E. 8 450.00 43'06'10' 338.53 177.73 330.60 N.853431 E 9 775.00 26'08'31" 353.60 179.93 350.55 N.77'05'42 "E 10 725.00 26'08'31" 330.79 168.33 327.93 S.77'05'42W. 11 500.00 43'06'10' 376.14 197.47 367.33 S.8534'31"W. 12 475.00 44'45'58" 371.13 195.62 361.76 S.W44'37"W. 13 375.00 79'10'53' 518.24 310.12 477.97 N.71'02'55'W. 14 25.00 58'29'37" 25.52 14.00 24.43 N.6T42'17'W. 15 77.00 34'36'40" 46.51 23.99 45.81 NJT38 46'W. 16 25.00 21'04'21' 12.25 6.25 12.13 N.76'22'36"W. LINE DATA TABLE L1 N.89'35'1 3 "E. 110.77 L2 N.8735'1 3"E. 209.89 L3 N.00'24'47W. 77.20 L4 N.89'35'1 3 "E 50.00 L5 S.00'24'47'E 88.29 L6 N.00'24'47"W. 140.00 NOTES: 1. Bearings are based on the North Line of the Tract "R" having a be oring of " •`_ N.BT35'13'E ; �Y (N O'T a RM1IYd 2. See Sheet 1 of 2 for Legal Description. y �. 1 RANDALL t- iAED{0 S64' . ,6091 CERTIFlCATE OF AtfTHORI2ATION NO, L8118 SKETCH OF LEGAL DESCRIPl'LQN FOR:- rREPatm -- HEIDT$ASSOCIATES, Inc. PHASE IA-1 AND PHASE 1A -2 ATTUSCANY,RESERVE Tampa Fort Myers SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST CNIL ENGINEEPoNG Fod Myers OM a Prepared For. vVCI COMMUNMES INC. PI.NJNING 3800 Colonial SW. Suite 200 suRVEVING Fort Myers, Florida 33912 Dwn. RH Ck. - DWG: W- PHt- U1Rfi1' -LGL FNNRONMEMAL PERMfTTING Pnona: 239 -2821 03 239- 482 -2103 SHEET 2 OF 2 Ddic. 12 -8 -03 Order No.: WSr -TR -049 FAX: fANOSCAPE ARCMTECTURE EXHIBIT "Arr SECTION 12 TOWN.911P 48 S R/J2C'E 25 E - .. ^ "^^vs.c-s.-s•1az.v. asp .rv.- n:-- a- .ma..x�.m+Q.� -r.:- ,.:gym..- :�...�aae- ,--- .�- ,.-:,a COLLI6i C01.lYiY. FLOFi1DP. This instrument prepared by: 6 1 1' Michael D. Kaminer, Esq. 24301 Walden Center Drive Bonita Springs, FL 34134 OWNER'S AFFIDAVIT (Phase 1A -1 and Phase 1A -2 at Tuscany Reserve) On this 11'�4day of -De-c e%Mbcr , 2003, before me personally appeared Timothy Oak, as Vice President of WCI Communities, Inc., a Delaware corporation, the owner of said real property located at Tuscany Reserve, Collier County, Florida and legally described as that certain real property lying within a portion of Tract "R" as shown on the plat of Tuscany Reserve, according to the plat thereof as recorded in Plat Book 39, Page 88, of the Public Records of Collier County, Florida (hereinafter referred to as "Owner" and "Affiant ") to me personally known, who, being duly sworn on his oath, did say that Owner has retained persons, firms, or corporations, including general contractors and subcontractors to furnish services, labor or materials according to plans and specifications, or extra items used in the construction or repair of the potable water and sanitary sewer utility facilities on the property which are located upon those certain lands owned by the Owner in Collier County, Florida, as described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Property "). Affiant further says that no claims have been made to the Owner by, nor is any suit now pending on behalf of, any contractor, subcontractor, laborer or material man, and further that no chattel mortgages or conditional bills of sale have been given or are now outstanding as to the subject potable water and sanitary sewer utility facilities placed upon or installed in the aforesaid Property. Affiant further says that the potable water and sanitary sewer utility facilities described herein are not included in, encumbered by, or subject to any real property mortgage, chattel mortgage, security agreement, Uniform Commercial Code financing statement, or other encumbrance. Affiant further states that the Owner is in fee simple of the Property and that there are no claims by any other parties against/or concerning said Property. Affiant, as and on behalf of the Owner of the Property, does for valuable consideration hereby agree and guarantee, to hold Tuscany Reserve Community Development District, its successors and assigns, harmless against any lien, claim or suit by any general contractor, subcontractor, mechanic or materialman, and against chattel mortgages, security interests or repair of the subject potable water and sanitary sewer facility utilities. WCI COMMUNITIES, INC., a Delaware corporation By: Timothy Oak Vice President STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this // day o 2003, by Timothy Oak, Vice President of WCI Communities, Inc., a corporation, on behalf of the corporation. He is personally known to me. "M r JOYCE E. VAN DEUSEN +fi. MY COMMISSION «DD 118229 Y !':q ` EXPIRES: May 20, 2062 .'` Bvn°+d TM. NOWh Public unaen„x.n C7 otar&ublic Print Name: {� My Commission Expires: Ja4c67 5�a /o Legal: /MDKrruscanyReserve /Utility Turnover /OwnerAff 1611 "I .. PHASE IA -1 AND PHASE IA -2 AT TUSCANY RESERVE SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION: A parcel of land lying in Section 12, Township 48 South, Range 25 East, also being a portion of Tract "R" of Tuscany Reserve according to the plat thereof as recorded in Plat Book 39, Page 88, of the Public Records of Collier County Florida, and being more particularly described as follows: BEGINNING at the Northerly intersection of said Tract "R" of Tuscany Reserve and the East right -of -way line of Livingston Road, thence N.89'35'1 3"E-, 110.77 feet to a point on a curve; thence Easterly, 121.76 feet along the arc of a curve to the right having a radius of 107.00 feet and a central angle of 65 °12'00" (chord bearing N.89 °35'13 "E., 115.30 feet); thence N.89 °35'13 "E., 209.89 feet to a point of curvature; thence Northeasterly, 39.27 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 90 °00'00" (chord bearing N.4495'13 "E., 35.36 feet) to a point of tangency; thence N.00 °24'47 "W., 77.20 feet; thence N.89 °35'13 "E., 50.00 feet; thence S.00 °24'47 "E., 88.29 feet to a point of curvature; thence Southeasterly, 26.46 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 60 °38'48" (chord bearing S30 °44'10 "E., 25.24 feet) to a point of reverse curvature; thence Southerly, 114.69 feet along the arc of a curve to the right having a radius of 77.00 feet and a central angle of 85 °20'30" (chord bearing S.18 °23'19 "E., 104.38 feet) to a point of reverse curvature; thence Southerly, 27.68 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 63 °26'55" (chord bearing S.07 °2631 "E., 26.29 feet) to a point of compound curvature; thence Easterly, 445.12 feet along the arc of a curve to the left having a radius of 325.00 feet and a central angle of 78 °28'23" (chord bearing S.78 °24'10 "E., 411.14 feet) to a point of tangency; thence N.62 °21'38 "E., 282.70 feet to a point of curvature; thence Easterly, 410.19 feet along the arc of a curve to the right having a radius of 525.00 feet and a central angle of 44'45'58" (chord bearing N.84 °44'37 "E., 399.84 feet) to a point of tangency; thence S.72 °52'24 "E., 229.17 feet to a point of curvature; thence Easterly, 338.53 feet along the arc of a curve to the left having a radius of 450.00 feet and a central angle of 43 °06'10" (chord bearing N.85 °34'31 "E_, 330.60 feet) to a point of tangency; thence N.64 °01'26 "E., 75.51 feet to a point of curvature; thence Easterly, 353.60 feet along the arc of a curve to the right having a radius of 775.00 feet and a central angle of 26 °08'31" (chord bearing N.77 °05'42 "E., 350.55 feet); thence S.00 °09'58 "W., 50.00 feet to a point on a curve; thence Westerly, 330.79 feet along the arc of said curve to the left having a radius of 725.00 feet and a central angle of 26 °08'31" (chord bearing S.77 °05'42 "W., 327.93 feet) to a point of tangency; thence S.64 °01'26 "W., 75.51 feet to a point of curvature; thence Westerly, 376.14 feet along the arc of a curve to the right having a radius of 500.00 feet and a central angle of 43 °06'10" (chord bearing S.85 °3431 "W., 367.33 feet) to a point of tangency; thence N.72 °52'24 "W., 229.17 feet to a point of curvature; thence Westerly, 371.13 feet along the arc of a curve to the left having a radius of 475.00 feet and a central angle of 44 °45'58" (chord bearing S.84 °44'37 "W., 361.76 feet) to a point of tangency; thence S.62 °21'38 "W., 282.70 feet to a point of curvature; thence Westerly; 518.24 feet along the arc of a curve to the right having a radius of 375.00 feet and a central angle of 79'10'53" (chord bearing N.78 °02'55 "W., 477.97 feet) to a point of reverse curvature; thence Westerly, 25.52 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 58 °29'37" (chord bearing N.67 °42' 17 "W., 24.43 feet) to a point of reverse curvature; thence Westerly, 46.51 feet along the arc of a curve to the right having a radius of 77.00 feet and a central angle of 34 °36'40" (chord bearing N.79 °38'46 "W., 45.81 feet) to a point of reverse curvature; thence Westerly, 12.25 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 28 °04'21" (chord bearing N.76 °22'36 "W., 12.13 feet) to a point of tangency; thence S.89 °35'13 "W., 437.96 feet; thence N.00 °2447 "W., 140.00 feet to the POINT OF BEGINNING. Containing 4.430 acres, more or less. Prepared By: Heidt & Associates Inc 3800 Colonial,Q)yd,$y}te 200 Fort Mvers; F)orida B342,- (239)482- 72,itl�rc' - Date: Ra dall- Ts.-Hen PSM 6091, Florida P. AeAk"f srivejol" and Mapper E%DIBIT "An - Page 1 of 2 1611 " DESCRIPTION SKETCH W W o =W -- I•_T- 1- I- I -I -rrf IBjOjKl A" ON N TRACT GC -1 1 i° v ¢O 1 C1 L2C2 C3 1 I 1 z -� S.89'35'131M. cls CS ;}0 Z9, ». E 1% C I CHORD BEARING - -\C15 N6' g'L�0 X11\ N.1ps 19•1�Z4 `q6 W 1 -aa0i ' o jI C 14 a S g110 �•- ---�_ C 11 56�05�11 N I 'IS' I I W to I 1 a H ( C" /6` 35.36 N.4�35'13'E 3 25.00 TUSCANY RESERVE DRIVE IiFal ' S.30'44'10'E. (TRACT 'R7 77.00 6' 1 70.98 104.38 S.18'23'19'E. i I I 63'26'55' TRACT CA -1 15.45 26.29 S.07.26'31'E. 6 325.00 78'2823' lia °j 265.41 411.14 S.78'24'10'I- 7 J1p� 44 4558' 410.19 216.21 399.84 it 0 -11 I I CURVE DATA TABLE 338.53 177.73 I ' NO. RADIUS I DELTA I ARC TANGENT CHORD BEARING 1 107.00 6512'00' 1 121.76 1 68.43 1115.30 DWG: IY- PHI- UnLIly -1Gl 1 N -BT35' 13'E. 2 25.00 90'00'00' 39.27 25.00 35.36 N.4�35'13'E 3 25.00 6038'48' 26.46 14.62 25.24 S.30'44'10'E. 4 77.00 8520'30' 114.69 70.98 104.38 S.18'23'19'E. 5 25.00 63'26'55' 27.68 15.45 26.29 S.07.26'31'E. 6 325.00 78'2823' 445.12 265.41 411.14 S.78'24'10'I- 7 525.00 44 4558' 410.19 216.21 399.84 N.8444'37'E. 8 450.00 43'06'10' 338.53 177.73 330.60 N.8534'31'E. 9 775.00 26'08'31' 353.60 179.93 350.55 N.77'05'42'E. 10 725.00 26'08'31' 330.79 168.33 327.93 S.7r05'42W. 11 500.00 4306'10' 376-14 197.47 367.33 S.8534'31'W. 12 475.00 4C4558' 371.13 195.62 361.76 S.84 44'37W. 13 375.00 79'10'53' 518.24 310.12 477.97 N.78'02'55 'W. 14 25.00 58"29'37' 25.52 14.00 24.43 N.6T42'17'W. 15 77.00 34'36'40' 46.51 23.99 45.81 N.7T38'46 W. 16 25.00 28'04'21' 12.25 6.25 12.13 N.76'22'36W. LINE DATA TABLE L1 N.8935'13'E 110.77 L2 N.8935'13'E. 209.89 L3 N.00'24'47 W. 77.20 L4 N.8935' 13'E. 50.00 L5 S.00'24'47'E. 88.29 L6 N.00'24'47W. 140.00 NOTES: 1. Bearings are based on the North Una of the Tract 'R' having a bearing of . ' " "" • ' -`. '- N.89'35'13'E (N 0. _ I Y.E�:Y 2. See Sheet 1 of 2 for Legal Description. RANDALL L 1dEbhDRl1 SM' �.'6091 CERTIFICATE OF AUTHORIZATION NO. L8148 PRIPMD7 sr. HEIDT & ASSOCIATES, Inc. Tampa o Fort Myers SKETCH OF LEGAL DESCRIPPION FOR PHASE IA-1 AND PHASE lA -2 AT TUSCANY,-RESERVE SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST ZL EN... Fort Myers OR . prepared For: WCI COMMUNITIES INC. PLANNING 3800 Cobnlal BM1, Sure 200 Su11VEYWG Fo N"m, Flonaa 33912 ENVIRONMENTAL PEAMfTTING �a�' 239 -482 -7275 FAX: 239- 482 -2103 LANDSCAPE ARCHITECTVREHIBI.T SHEET 2 OF 2 It " Dwn. RH Ck. - DWG: IY- PHI- UnLIly -1Gl Date: 12 -8 -03 Order No.: WSi -TR -049 SECTION 12 TOWNSHIP RANGE 11 E 48 5 COLDER COUNTY, FLORIDA 16111 Attorney's Affidavit 16I114J This Instrument Prepared By: Michael D. Kaminer, Esq. 24301 Walden Center Drive Bonita Springs, Florida 34134 ATTORNEY'S AFFIDAVIT (Phase 1A -1 and Phase 1A -2 at Tuscany Reserve) STATE OF FLORIDA COUNTY OF LEE ON THIS /DA day of December, 2003, before me personally appeared Stephen C. Pierce, a licensed attorney authorized to practice in the State of Florida, to me personally known, whose current business address and telephone number is: 24301 Walden Center Drive, Bonita Springs, Florida 34134, (239) 947 -2600 (hereinafter "Affiant "), who, being duly sworn on his oath, does say: 1. This affidavit is given as an inducement to the TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT, its successors and assigns, to accept the dedication or conveyance of potable water and sanitary sewer utility facilities ( "Utility Facilities "), located within or upon the real property described as a portion of Tract "R" as shown on the plat of Tuscany Reserve, according to the plat thereof as recorded in Plat Book 39, Page 88 of the Public Records of Collier County, Florida (the "Property "). 2. The Affiant has examined record title information to the Property, including but not limited to, information requested from the Florida Secretary of State relative to any Uniform Commercial Code financing statements. 3. The record title to the above - described property is vested in WCI Communities, Inc., a Delaware corporation. WCI Communities, Inc. is the successor by merger to Panther Developments, L.P., which acquired title to the above - described property by instruments recorded at Official Records Book 2761, Page 2568 and Official Records Book 2761, Page 2571, Public Records, Collier County, Florida. A copy of the Certificate of Merger wherein Panther Developments, L.P. was merged into WCI Communities, Inc. is recorded at Official Records Book 3251, Page 842, Public Records of Collier County, Florida ( "Owner") (Copy of Warranty Deed attached). 4. The Affiant has examined corporate information obtained from the State of Florida on WCI Communities, Inc. and has determined that WCI Communities, Inc. is current and corporation in the State of Delaware and that said corporation is authorized to do business in the State of Florida and that Stephen C. Pierce, Vice President of WCI Communities, Inc. is authorized to execute on behalf of the corporation in conjunction with the conveyance of the subject water and sewer utility facilities. 5. Affiant states that the potable water and sanitary sewer utility facilities described in Paragraph 1 above are not affected by mortgages, encumbrances and liens, except for easements, limitations, conditions, restrictions, reservations, covenants and other matters of public record. 6. The Affiant further states that the information contained in the idavit is true, correct and current as of the date this Affidavit i iven. S he C. P' rce STATE OF FLORIDA COUNTY OF LEE The foregoinAAttorney's Affidavit was sworn and subscribed to (or affirmed) before me this 16 day of December, 2003, by Stephen C. Pierce. He is personally known to me. n /�y��7 Notary Public, State of�rida M y Commission Expires: C�Fjoczko .•, ": ri ANN C ROCZKO F Nokwy PubYc - 3kR� p/ Fkddo Legal: /MDKlruscanyReserve /Utility Turnover /AttyAff ' AtMb��M.A/l142W7 •� 1 00207091 a Aks,,. tQe1�.r,► � • f� It Aboo Jrt N• Fro.t'I�a Sf• dMet ?ia�q Cal emkr 7bTr Ff. 3746021 11Ytimtrsf Propmd Sy ad RM1n Is Jdm 0. Vega, Ssq. Jaffa 0. Vega, P.A. 264 Airport Road South Map&", PL 34112 fwm w Noad.r. 001772400 07 Orrr d17P1 Warranty Deed ;33754 1i 1 ; =21I61 aM 11I1 uQ9 M , , t a26 li � 1TNN11.N rt 1p 1l.N IK -.71 121p1,l1 t111N !.N Mtl: RRI WW tN 1181QA R 121N ttM111 !!N2 M IRdature, Mda" 24th doy of Dejerttvr e 2000 A.D.. Bowen Ronald L. Drown and Dewey Gargiulo, as 8uoaessor Trustees of Section 7 Trust dated April 18, 1986 00A fm4' of Collier t %a of Florida gmotw, and Panther Dweloysents, L.P., aLIkbWThrJ'xiP*cisting under the laws of the state of Deleware A- Wk- Ic 24301 Walden Center Driw, Bonita Springs, Florida 34131 of dy Carp of Lee sus of Florida +smatm Wi mm& ar tIs ORANI01� fond b em+idertiao of se rr of ----------------- - - - - -- -TIN DOLLUI (,101----------------- - - - - -- Dou". and Meer pal ad vrltrbk ow4dwWoo w GKWOR b had Pond by G AMM IM moo wbwW b ►r* edmvM44 h p k* hwpbd al rid to sc rid cR1AMU sod ORAMM hdr, wccewwr ad .ripe fomvm, so blhw 4 dwwW Ia4 Flt o. 1yYl Mm" b as cm" of 9trr of Florida t wit tea attaohod Uhibit "A" ad so paten dos hroh My want sc title b rid Iwo mod wM dcfcod des um aph* ImM daka of A paoom wboraoem. Ia WlbM WlefC4&c pa or hm know at w had std and dw day NW yac Pow oho» WWAL sad dd v" in our predeaa d L, and Dewey - Gargia , as inawas Trustees flif UV&W-10t, (Sw) ted old L. Brown as WEesqDr Trdstee Wi"s P.O. AddRm: /l Pr Name: mr Wi s \ Vib (Sod) sated Wuhe: IJAI 14, Dewey Garg lo, as ssor TtUStee Witness P.O. Adder: P'rin Baas: p Witness STATE OF Florida COUNTY OF Collies 7Is hap* hhrM wr odowkp bfa x s 27 dry o elo / 7a by Ronald L. Brown , as 9xcessor Trustee Isis f r r a a ra ► ida dri r e s can . idwdepaa. "�' 33 "IUL �IalavoA Nr1aPFlilr- BoMafRflda P ted >t IMfiraR�4rf►0 cmmmnitlClrSS otary Pub! o ms• Goa MIUW e SIMON7 t.ra...ryottgyatar.es,beto1)%3- 5r..Rwi Warnnty Deed . P., 2 hmdwN -60 00177240007 0I: 2161 [G: 2569 STATE OF Florida COUNTY OR Collis aR.«. w.umr W. aduwwkdlcd ec(w .e d4 � ! , ey of wmr 2t�ly D•„•p "1101210, as &xxmssor Trustee wba b k=wn W hu d Ft.A Dt_ # GEM —17,} ^ 30 ^ OC.)7 p0110,I4 m or WEO • IdeaiM1au,.. Pr t•d 11 rWawA : wc�e,•..y cw.mbdo. cm 4b occ"m 1w0-- wh70mq*$fy W. Iw (W9761411 IwrtWIM 1611 ts OR: 2161 PG: 2511 i Jef..' i.. s. *'K a�'Pa MY (we, Ts° -r'°, F' 336-X nr s....f waew+ed an David S. Wdd, b:squirs Dsdd wA sesnett 3433 Riviera Drive, Suite 201 =a, n 34103 Z13393� 9�t t�l �; l Itlt'I� >a tslllilb •oMll M 1f01tIN oenrt, n nJM11N11t I1:IlI1 NIiN 1. NIII, aw ONI t1111lLN N I ! If." IN -.11 INN.N MIDI 1.0 Mh: in11111116 HI IN= R 040 on a 11111 nw1D1i Aa 00147400000 o,nntee#1M, THIS DOCUMENT PREPARED WITHOUT OPINION OF TITLF1 6 Special Warranty Deed Usladesture, ModcOaa Id. g4dsyof December ,2000 A.D., Between Paul E.L. Toppino, Trustee, under that certain unrecorded land trust dated 15th day of April, 1997, with full power and authority either to protect, conserve and to sell, or to lease, or to encumber or otherwise to manage and dispose of the real property described herein, pursuant to the requirements of Florida statute 609.071 of to Covey of Monroe , saw or Florida , grantor, ed Panther Developments, L.P., a Delaware limited partnership ,d.. urea it 24301 Walden Center Drive, Bonita Springs, FL 34131 d M o+r of Lee , sae or Florida , grantee. wltsei" WWOKAMMfood av=WN k0ofbianuf ------- --TEN DOLLARS ($10) --- ----- ------ ------ - -- DOLWS. AM obw {Rod ad vIN" wwaffmm b ORWOR 0 kW peid by GRANTEE, ae .capl cob i ie hK&Y •*wwWdVd. k. 0,sA bgpkW ad mid b be aid GRANTEE ad ORANTEVS Wi6 SKOUM mod wibw faces, bK "W%* de+aaed WA ON*- h*0dhiginbwcmvyof Collier saw of Florida 10 Wk: The North 1/2 of the Northeast 1/4, Section 12, Township 40 south, Range 25 East, Collier County, Florida, less and except that certain property described on Exhibit A attached hereto and made a part hereof. Subject to Ad valorem real property taxes for the year of closing and subsequent years; zoning, building code and other use restrictions imposed by governmental authority; outstanding oil, gas and mineral interests of record, if any; and restrictions, reservations and easements of record, if any. The property herein conveyed DOES NOT constitute the HOMESTEAD property of the Grantor. Tggd jer pie a %.=aa, hvadirmab cod vppuiaroca Ow- Wkw fine a iR wywim eppoani^ f To Have and to Held, ae ..e ie foe W* faces. And M r— biby ooveseb "' yid prY. dw V— it kwfully %aw of aid knd in foo is* des paver h. Not 4W ud 16WM eemiy b W, ed wevoy cod kW; brl VX" hacAy Rimy wwmo Ac hdc b rid W sd veal 4" Y WM *ping dw 11441 ckimx of nll pm = cwmin kq. koubh of WAW EA. t.wcea.�NOOi.,f.r ►-..n. nuOMMh"RSVM LF] 01: 2761 PG: 1512 Special Warranty Deed-hr 2 rwdtDp- - 00147400000 1611 IN Witsm Whereof, homw sa his hwA W wd tint Am wniken. �, ceded Md r PMUCe: ./ (Seal► Printed Paul E.L. oppi o, Trustee wt ►._.ri Y.O. Ada .+: 2110A M" Rga A IN&"Was. 2 J" witness t STATE OF Florida COUNTY OF Monroe A TM k"piq ewanaaE w Kkwwk4cd bsfus IN W p(d dty d December , 2000 by Paul I.L. Toppino, Trustee y6p>Qrtylma++abxwyEupaAEwdy Florida driver's licenso ai fic!' Yrin ems: Notary Public Ah cum.iuiaa E,pie.: r� RwyASaMt t�•wo..rrEaaaass l�mQtjrp lrutwo`Iyoo.,+rswa+.Ex_ 700E tssglllfEO] FaHDYD7 �. pop "L10: -00147400 H* Mvri1as & Assoc OR: 2761 PG: 2573 blok"i I Fiala I Swmym PEE SIMPLE O m 7M 8LSOA wr% � HMA FILE 185.31 fq224M MAY 5, 1989 FOX 04 PARCEL. 12-T O ow RM- - - Can ft a� DESCRIPTION: ROAD RIGHT -OF -WAY FAX 004e*aa A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF O� vso SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FAX pq low FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 80.39139' W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 286748 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 12; THENCE RUN N. 00.52107" W. ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 2031.75 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE RUN N. 00'52'07" W. ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 1310.77 FEET TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 12 AND THE POINT OF BEG**&* OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N. 00.52'07" W. ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 131LT8 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID. SECTION 12; THENCE RUN N. 00.67'39" E. ALONG THE NORTH LINE OF SAID SECTION 12 FOR A DISTANCE OF 60.00 FEET; THENCE RUN S. 00.52'07" E., PARALLEL WITH THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 1310.73 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE RUN S. 88'54'12' W. ALONG THE SAID SOUTH LINE FOR A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1.51 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF L 88.30W W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. SIGNED 05W89 HOLE, MONIES 6 ASSOCIATES, INC. BYL MAS J. ARRIS P.L.S. 03741 THO STATE OF FLORIDA 1*1 OR: 2761 PG; IR °` pop 1 161 I 8 R49AW / vii• :�'�se "E sec.Ar I49G.lSO' !2 —T ;o /2 & �h �I .sue cwr a� y�i ssr n sw e" sE sw /r s Il•�f %l'IY s�,�w ,vfJr tvm /Z S. �d'+r9'�1 •w xt. ear sov /s NOTES: BEARINGS .SHOWN HEREON REFER TO AN ASSUMED BEARING OF S. 88.39'99" W. ALONG THE SOUTH INE OF THE SOUTHEAST IA OF SECTION 12, TOWNSHIP 48 SOUTH, IrGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. PARCEL 12 PARENT TRACT LEGAL DESCRIPTION REFERENCES RECORDED IN O.R. BOOK 1282 AT PAGES 2248 AND 2249 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 12 -T - PARCEL TAKE NOT A SURVEY m Chit /E r C'0: ors �4V/'! + A44 fa ME IldM A oASS=15 eed1 v rW .Kr1cu��awY Vs' V/.4 s 7n 9r� / It11Nd /wears 'eEswt ovsc rinrav 1 • DeCaware PAGE 1 The First State I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF MERGER, WHICH MERGES: "PANTHER DEVELOPMENTS, LLC. ", A DELAWARE LIMITED LIABILITY COMPANY, WITH AND INTO "WCI COMMUNITIES, INC.- UNDER THE NAME OF -WCI COMMUNITIES, INC. ", A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, AS RECEIVED AND FILED IN THIS OFFICE THE TWENTY— EIGHTH DAY OF JANUARY, A.D. 2003, AT 9:30 O'CLOCK A.M. . A FILED COPY OF THIS CERTIFICATE HAS BEEN FORWARDED TO THE NEW CASTLE COUNTY RECORDER OF DEEDS. 3154054 OR: 3251 PG: 4842 ncouOD in OIT cm ucmms of CB im am, 0N. 03/20/2003 it 01:11M MGRT R. Ram, cum RIC TR0 1030 M?100 2.00 NIX 1.00 RetR: RCI C0N9f9DIT113 21301 NDI " c1ml DR #300 gum S0URG0 n 34134 Harrkc Smith Windsor, Secretary of Sane 2141741 8100M AUTHENTICATION: 2227195 030055186 DATE: 01-28 -03 0 u • 1611"` Sr12Z OF DLZAlriRL sBCRErApr Or—s7= DIVISION OF CORPORA?ZORS tZLM 09:30 iN 0112812603 030055186 — 2141741 * ** OR: 3251 PG: 0843 * ** SZATE orva.AWAIM c*xnncATB OF MMI LGER OF "TIC L.Mam LUSUM M COMPANY INTO A DOT*MTIC c!oapOItAmON pursuant to Tit.* 8, Section 264(c) of dM Delaware Oeaara) COMMS60 law and Title 6, Section 18-2 of the Dclaaan Limited Liabihry ComPIOY Aoc, the ttadaugtied cotporatioa e,,,atel i be following Certificate of Merges I The a of the autvivtni "'?Oratiou is WCi Cos =M*k . Inc., a Dclaware cotporatien (the '-Corporl4on' j., and the wMe. of the limited liability c—pany bring merged into this 5"v veni wrporsCOn is PantfierDeveiop2wW- LLC, a Delaware limited liabiuly eompa nY• 2. The A cnt of Merl has beat approved, adopted, cadAcd, exacted and acknowledged Y the sutvivsag cOtPori °OA Lad the toeroitg limned liability Company 3. The name of the surviving eo:ptxaiion is WC[ Camsurttlties.Inc. + The ugct is to beooaae effedi�s when thi: Cesfiflcate of Mager is filed with cite Dekb�varc S tetary of Stste S. The Dawma of Marta is on file at the offices of WCI Cottutninitia. Inc., 2x310 W skim esrta Drive, Bonin Sptings. Florida 34131, the place o fbuw— of the surviving wrpoTion. 6. A co y of tfic AMC wt of Merger wM be fesaished by the t^apariuon on request. without host, to any stockholder of any co°stitue corporation of member of any constituent limited hatsility eowslay- The erhfitste ofIncorpo ration of the surviving corporanon dWlbe its 7. ' Certificate of Ittwrporation rN win VLrittiYmEOF. said Corporation has caused thin certificate to be signed by an aulhot ized offca, the 27th day ofJsr JwY, 2003. WCI COMMUNm3s, INC., ir7---dw Byi Natatc Tkk, tnawr.w, t1.c�c.� of Marc Doc 1611 "� Promissory Note 10111• COPY PROMISSORY NOTE $188,043.81 Bonita Springs, Florida Date: December 11, 2003 For Value Received, the undersigned MAKER promises to pay to the Order of WCI Communities, Inc. a Delaware corporation, the HOLDER, at 24301 Walden Center Drive, Bonita Springs, FL, 34134 or at such place as the HOLDER may from time to time designate in writing, the principal sum of: One hundred eighty eight thousand, forty three and 81/100 dollars ($188,043.81) The principal balance of this NOTE shall bear interest at The Bond Buyer's published index interest rate for unrated tax exempt municipal bonds in effect on December 1, 2003; provided however, interest on the unpaid balance shall not commence to accrue until December 11, 2003. Payments under this Note shall be due and payable as follows: At such time as MAKER issues Special Assessment Bonds or any other form of capital cost financing for the Tuscany Reserve community, then MAKER shall within thirty (30) days thereof, pay the entire balance due under this NOTE, plus all accrued and unpaid interest. Notwithstanding the foregoing provision, in the event the MAKER does not issue any Special Assessment Bonds or other form of capital cost financing on or before September 1, 2008, then this Note shall be forgiven by the HOLDER and cancelled and of no force or effect. This Note can be prepaid at any time in whole or in part to the HOLDER without penalty. All payments and prepayments shall be first applied to interest from the date that interest begins to accrue under this Note, and the remainder, if any, shall be applied to the principal. Prepayment shall not affect or vary the duty of the Maker to pay any obligation when due and the same shall not affect or impair the right of the HOLDER to pursue all remedies available to it hereunder. Legal: /MDK/Tuscany Reserve /Utility Turnover /Promissory Note 16 Notwithstanding anything contain herein to the contrary, HOLDER will not exercise any right or remedy provided for in this Note because of any default of MAKER, unless HOLDER shall have given written notice of the default to MAKER and MAKER shall have failed to pay the sum or sums due within a period of thirty (30) days after the date of such notice. Failure of MAKER to cure a default within such cure period shall hereinafter be described as an "event of Default ". Upon an Event of Default, principal sum remaining unpaid, together with accrued interest, shall become immediately due and payable with interest at the rate of the lesser of four (4 %) percentage points above the interest rate charged in this Note or the maximum rate permissible under Florida law ( "Default Rate ") computed from the date the cure period has expired until such date as Event of Default is fully rectified. In no event shall any Default Rate of Interest apply until after the cure period or grace period has expired and MAKER has failed to cure said default. HOLDER shall have the right to pursue all appropriate remedies to collect on or enforce the terms of this Note. All communication required under or in connection with this Note shall be in writing, and shall be sent registered or certified mail, postage prepaid, addressed to the MAKER or HOLDER at the address either party may designate from time to time by notice to the other party in the manner set forth herein. Time is of the essence and in the event it is necessary to initiate collection of this Note or it is collected by law or through an attorney, or under advice therefrom, the MAKER aggress to pay all costs of the collection and reasonable attorney fees (including those attorneys fees that may be caused by appellate proceedings) that may be incurred in all matters of collections, enforcement, construction and interpretation hereunder. The remedies of the HOLDER, as provided herein, shall be cumulative and concurrent, and may be pursued singularly, successively or together, at the sole discretion of the HOLDER, and may be exercised as often as occasion therefore arise. No act of omission or commission of the HOLDER, including specifically any failure to exercise any right, remedy or recourse, shall be deemed to be a waiver or release of same, such waiver or release to be effected only through a written document, executed by the HOLDER and then only to the extent specifically recited therein. A waiver or release with reference to any one event shall not be construed as continuing, as a bar to, or as a waiver or release of any subsequent event. All persons or corporations now or at any time liable, whether primarily or secondarily, for the payment of the indebtedness hereby evidence, for themselves, their heirs, legal representatives, successors, and assigns respectively, hereby agree that the HOLDER, in order to enforce payment of this Note, shall not be required to first institute any suit or exhaust any of its remedies against the MAKER or any other person or party to become liable hereunder. COPY LegalIMM/Tuscany Reserve /Utility Turnover /Promissory Note 1611. If more then one party shall execute this Note, the terms, "undersigned ", as used herein, shall mean all parties signing this Note and each of them who shall be jointly and severally obligated hereunder. In this Note, whenever the context so requires, the neuter gender includes the feminine and or masculine, as the case may be and the singular number include the plural. ATTEST: MAKER: TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT By: By: Printed: /6461 f l-, Printed:—Gary Gasperini Title: Vice Chairman (Coil Legal:/MOK/Tuscany Reserve /Utility Turnover /Promissory Note 1611 �� Easement This Instrument Prepared by: Michael D. Kaminer, Esq. 24301 Walden Center Drive Bonita Springs, FL 34134 Parcel ID# 78534001565 1611 UTILITY EASEMENT (Phase 1A -1 and Phase 1A -2 at Tuscany Reserve) THIS EASEMENT, granted this day of December, 2003, by WCI COMMUNITIES, INC., a Delaware corporation, whose address is 24301 Walden Center Drive, Bonita Springs, Florida, 34134 (the "Grantor"), to the TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT, its successors and assigns, a community development district established pursuant to Chapter 190 F-S., whose address is c/o Richard Yovanovich, Esquire, 4001 Tamiami Trail North, Naples, FL 34103 ( "hereinafter "Grantee "). WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby convey, grant, bargain and sell unto the Grantee, its successors and assigns, a perpetual, non - exclusive easement, license, and privilege to enter upon and to install and maintain potable water and sanitary sewer utility facilities, in, on, over and under the following described lands being located in Collier County, Florida, for installation and maintenance of its potable water and sanitary sewer facilities. Developer agrees for itself, its successors and assigns, that it will be responsible for the cost of any and all repairs, replacement, maintenance or restoration of improvements or landscaping installed by the Grantors within the easement area, to wit: A portion of Tract "R" as shown on the plat of Tuscany Reserve, according to the plat thereof as recorded in Plat Book 39, Page 88, of the Public Records of Collier County, Florida (the "Property") as more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining the water and sanitary sewer utility facilities. Grantors and Grantee are used for singular or plural, as the context requires. IN WITNESS WHER OF, the Grantors have caused these presents to be executed the date and ye rst ve writte . WCI COMMUNITIES, INC., Print Name: a Delaware corporation rmt am�TocE T eu' Timothy Oak Its: Vice President STATE OF FLORIDA COUNTY OF LEE The foregoing Utility Easement was acknowledged before me by Timothy Oak as Vice President of WCI Communities, Inc., a Delaware corporation, on behalf of the corporation. He is personally known to me. WITNESS my hand and official seal this day of December, 2003. My Commission Expires 0 6!57 C oTary Pu t , State of Florida o w^ %y' •, JOYCE E. VAN DEUSEN MY COMMISSION A DD 118229 = W EXPIRES: May 20, 20GS Bonded TMu Nd ,y Public Undenmlem Legal :1MDK /TuscanyReservefUtility Turnover /UtilityEsml WCI to CDD 1611 " PRASE 1A -1 AND PHASE 1A -2 AT TUSCANY RESERVE SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION: A parcel of land lying in Section 12, Township 48 South, Range 25 East, also being a portion of Tract "R" of Tuscany Reserve according to the plat thereof as recorded in Plat Book 39, Page 88, of the Public Records of Collier County Florida, and being more particularly described as follows: BEGINNING at the Northerly intersection of said Tract "R" of Tuscany Reserve and the East rigbt -of -way line of Livingston Road, thence N.89 °35'13 "E., 110.77 feet to a point on a curve; thence Easterly, 121.76 feet along the arc of a curve to the right having a radius of 107.00 feet and a central angle of 65 °12'00" (chord bearing N.89 °35'13 "E., 115.30 feet); thence N.89 °35'13 "E., 209.89 feet to a point of curvature; thence Northeasterly, 39.27 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 90 °00'00" (chord bearing N.44 °35'13 "E., 35.36 feet) to a point of tangency; thence N.00 °2447 "W., 77.20 feet; thence N.89 °35'13 "E., 50.00 feet; thence S.00 °24'47 "E., 88.29 feet to a point of curvature; thence Southeasterly, 26.46 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 60 °38'48" (chord bearing S.30 °44'10 "E., 25.24 feet) to a point of reverse curvature; thence Southerly, 114.69 feet along the are of a curve to the right having a radius of 77.00 feet and a central angle of 85 °20'30" (chord bearing S.18 °23'19 "E., 104.38 feet) to a point of reverse curvature; thence Southerly, 27.68 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 63 °26'55" (chord bearing S.07 °26'31 "E., 26.29 feet) to a point of compound curvature; thence Easterly, 445.12 feet along the are of a curve to the left having a radius of 325.00 feet and a central angle of 78 °28'23" (chord bearing S.78 °24'10 "E., 411.14 feet) to a point of tangency; thence N.62 °21'38 "E., 282.70 feet to a point of curvature; thence Easterly, 410.19 feet along the arc of a curve to the right having a radius of 525.00 feet and a central angle of 44 °45'58" (chord bearing N.84 °44'37 "E., 399.84 feet) to a point of tangency; thence S.72 °52'24 "E -, 229.17 feet to a point of curvature; thence Easterly, 338.53 feet along the arc of a curve to the left having a radius of 450.00 feet and a central angle of 43 °06'10" (chord bearing N.85 °34'31 "E., 330.60 feet) to a point of tangency; thence N.64 °01'26 "E., 75.51 feet to a point of curvature; thence Easterly, 353 -60 feet along the arc of a curve to the right having a radius of 775.00 feet and a central angle of 26 108'31" (chord bearing N.77 °05'42 "E., 350.55 feet); thence S.00 °09'58 "W., 50.00 feet to a point on a curve; thence Westerly, 330.79 feet along the arc of said curve to the left having a radius of 725.00 feet and a central angle of 26 °08'31" (chord bearing S.77 °05'42 "W., 327.93 feet) to a point of tangency; thence S.64 °01'26 "W., 75.51 feet to a point of curvature; thence Westerly, 376.14 feet along the are of a curve to the right having a radius of S00.00 feet and a central angle of 43 °06'10" (chord bearing S -85 °34'31 "W -, 367.33 feet) to a point of tangency; thence N.72 °52'24 "W -, 229.17 feet to a point of curvature; thence Westerly, 371.13 feet along the arc of a curve to the left having a radius of 475.00 feet and a central angle of 44 °45'58" (chord bearing S.84 °44'37 "W., 361.76 feet) to a point of tangency; thence S.62 °21'38 "W., 282.70 feet to a point of curvature; thence Westerly, 518.24 feet along the arc of a curve to the right having a radius of 375.00 feet and a central angle of 79 °10'53" (chord bearing N.78 °02'55 "W., 477.97 feet) to a point of reverse curvature; thence Westerly, 25.52 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 58 °29'37" (chord bearing N.67'42'1 7W., 24.43 feet) to a point of reverse curvature; thence Westerly, 46.51 feet along the arc of a curve to the right having a radius of 77.00 feet and a central angle of 34 °36'40" (chord bearing N.79 °3846 "W., 45.81 feet) to a point of reverse curvature; thence Westerly, 12.25 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 28 °04'21" (chord bearing N.76 °22'36 "W., 12.13 feet) to a point of tangency; thence S.89 °35'13 "W., 437.96 feet; thence N.00 °24'47 "W., 140.00 feet to the POINT OF BEGINNING. Containing 4.430 acres, more or less. Prepared By: Heidt & Associates Inc 3800 Colonial (j ld,p)�e 200 Fort Myers,,fioiiOa X39 f 2,, (239) 483 -72- - �--"• -•. , •, :�,tl�ryC -;h _ Date: /� Ra da71 -li'He' PSM 6091 Florida I?iofes t{ r S6ri'-vcjoi% d Mapper EXHIBIT "A.. - Page 1 of 2 161 DESCRIPTION SKETCH S.8T35'13W. DELTA ARC TANGENT CHORD - 437.96' CS rz W �)I.11 ?q y 561`55 11 W n 1 C t5 H I C14 C6 > I W �o - - -- === 9� _______________________�� -I -I - -F =W 00 -� � -- I B o Kr4A rT-f T- T- I- 1 J I X10 DRIVE Its al 25.00 (TRACT 'R) I 111A -j J.J- I- LLLL111 I I I ZIL2 1 III o 114.69 TRACT GC 1 II 1 I i or C3 C 5j7$ . 01 16 1 C9 27.68 z S.8T35'13W. DELTA ARC TANGENT CHORD - 437.96' CS �68y�1O" '�9 /tom \ �)I.11 ?q y 561`55 11 W n 1 C t5 H I C14 C6 > I 6./.� 1p 5. 1 c t1 \- --� - -� - II W m I 1 1 I II \� cl, 25.00 90x00'00' 39.27 J I TUSCANY RESERVE DRIVE Its al 25.00 (TRACT 'R) 26.46 C, I I S.30'44'10'E. 4 1 III 85'20'30' 114.69 70.98 II 1 I i TRACT CA -1 25.00 o ' 27.68 15.45 26.29 wInI 1 In I 6 325.00 78'28'23' I - 1 I JIoJ- 265.41 411.14 S.78'24'10'E 7 525.00 4-V45'58' 410.19 0 I I CURVE DATA TABLE 8 I 1 NO. RADIUS DELTA ARC TANGENT CHORD BEARING 1 107.00 65'12'00' 121.76 68.43 115.30 1 N.89'35'13'E 2 25.00 90x00'00' 39.27 25.00 35.36 NA 35'13'EE 3 25.00 60'38'48' 26.46 14.62 25.24 S.30'44'10'E. 4 77.00 85'20'30' 114.69 70.98 104.38 S.18- 23'19'E 5 25.00 63'26'55' 27.68 15.45 26.29 S.0726'-31'F- 6 325.00 78'28'23' 445.12 265.41 411.14 S.78'24'10'E 7 525.00 4-V45'58' 410.19 216.21 399.84 N.84 4437'E. 8 450.00 43'06'10' 338.53 177.73 330.60 NIU34'31'E 9 775.00 26'08'31' 353.60 179.93 350.55 N.77- 05'42'E. 10 725.00 26'08'31' 330.79 168.33 327.93 S.77'05'42 W. 11 500.00 43'06'10' 376.14 197.47 367.33 S.85'34'31'W. 12 475.00 44'45'58" 371.13 195.62 361.76 S.8444'37 -W. 13 375.00 79'10'53' 518.24 310.12 477.97 N.78'02'55 'W. 14 25.00 58'29'37' 25.52 14.00 24.43 N.6742'17'W. 15 77.00 3436'40' 46.51 23.99 45.81 N.79'38'46W. 16 25.00 28'04'21' 12.25 6.25 12.13 N.762236 W. NOTES: 1. Bearings are based on the North Line of the Tract 'R' having a bearing of N.BT35'13'E. 2. See Sheet 1 of 2 for Legal Description. o. b ui LINE DATA TABLE L1 N'BV35'13'E. 110.77 L2 N.89'35' 13'E. 209.89 L3 N.00'24'47 W. 77.20 L4 N.89'35' 13'E. 50.00 L5 SAO'24'47'E. 88.29 L6 NAO'24'47'W. 140.00 Iurn + „•. (NOT11�1.P F�M1l Y,1 RA14DALL L'-H MDF.q PSlr 6091 CERTIFICATE OF AURAORIZATION NO. LE 148 SKETCH OF LEGAL DESCRIPTION FOR PREPAR0 er: HEIDT & ASSOCIATES, Inc. PHASE IA-1 AND PHASE lA•2 AT TUS6,4N1f- RESERVE Tampa o Fort Myers SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST IV Fort Myers O- Prepared For: WCI COMMUNITIES INC. *n� NING 31300 Comial 1160, Sul, 200 D RH Ck - DWG: N- PH7- lf11LIlY -lCL SVRVEYMO Fort Myers, Flofi a 33912 wn. PI --239 -482 -7275 SHEET 2 OF 2 Dates 12-8 -03 Order No: WST -TR -049 ENVIRONMENTAL PERMIrT1NG FAX 239-482 -2103 „ -1- 12 TOWNS- 48 S RANGE 25 E LANDSCAPE ARCMTECTURE EXHIBIT "A COLDER GOVNiY, FLORIDA CHICAGO TITLE INSURANCE COMPANY 4210 METRO PKWY., #130, FORT MYERS. FL 33916 (239)275 -8212 First Fidelity Title Inc. 24201 Walden Center Drive Suite 244 Bonita Springs, Florida 34134 Attn: Ann Roczko File No.: 240307535 1611'' OWNERSHIP AND ENCUMBRANCE REPORT LEGAL: See Legal Description attached Dear Ann: We have made a search of the Public Records of Collier County, Florida, through November 15, 2003 and the apparent record owner is WCl Communities, Inc. , by virtue of that Deed recorded in Official Records Book 2761, Page 2571, of the Public Records of Collier County, Florida. Said search discloses the following mortgages not satisfied of record nor otherwise terminated by law. None We exhibit all certified Judgments, Liens, and Decrees for money against the persons shown in the instruments contained in the foregoing Certificate by the exact names and initials as therein shown (and not otherwise) except all Judgments, Liens, and Decrees for money which appear to be satisfied or released of record or have expired pursuant to Florida Statute 55.10, and all certified Judgments entered 20 years prior to the date certfied to herein, other than those rendered In the name of the United States. No search has been made of the Index in the district office of the Internal Revenue Services under Section 6323 (1) (4) of the Internal Revenue Code. Tax information is provided for informational purposes only. The customer acknowledges and agrees that in the event of any error or omission by CHICAGO TITLE INSURANCE COMPANY which results in loss to the customer, CHICAGO TITLE INSURANCE COMPANY liability shall not exceed the lesser of the customer's actual loss or damage, or $1,000.00, whichever is less. This search is not a Tide Insurance Policy and should not be relied upon as such. For full protection, a Title Insurance Policy should be secured. IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused these presents to be signed and its Corporate Seal affbced hereto on December 10, 2003. CHICAGO TITLE INSURANCE COMPANY 0 '4/4 z Greg R. Hi OANOE 8/99 SB lbll'� PHASE 1A -1 AND PHASE 1A -2 AT TUSCANY RESERVE SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRiMON: A parcel of land lying in Section 12, Township 48 South, Mange 25 past, also being a portion of Tract "R" of Tuscany Reserve according to the plat thereof as recorded in Plat Book 39, page 83, of the Public Records of Collier County Florida, and being more particularly described as follows: BEGINNING at the Northerly intersection of said Tract 'R" of Tuscany Reserve and the East right -of -way line of Livingston Road, thence N.89 °35'13 "E., 110.77 feet to a point on a curve; thence Easterly, 121.76 feet along tho arc of a curve to the right Laving a radius of 107.00 feet and a central angle of 65 °12'00" (chord bearing N.89035'13 "E., 11,530 feet); thence N.89035'1 3"E, 209.89 feet to a point of curvature; thence Northeasterly, 39.27 feet along the arc of a ctnrve to the left having a radius of 25.00 feet and a central angle of 90 °00'00" (chord bearing N.44°35'13 "E., 35.36 feet) to a point of tangency; thence N.00°2447 "W., 77.20 feet thence N.89 035'13 "E., 50.00 feet; thence S.0002447 "E., 88.29 feet to a point of curvature; thence Southeasterly, 26.46 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 60°3848" (chord bearing S.30 044'10 "E., 25.24 feet) to a point of reverse eu7vatnre; thence Southerly, 114.69 feet along the arc of a curve to the right having a radius of 77.00 feet and a central angle of 85°2030" (chord bearing S.18 023'19 "E., 104.38 feet) to a point of reverse curvature; thence Southerly, 27.68 feet along the arc of a curve to the left having a radius of 25.00 feet and a annual angle of 63026'55" (chord bearing S.07 °2631 "E., 26.29 fat) to a point of compound curvature; thence Easterly, 445.12 feet along the arc of a curve to the left having a radius of 325.00 feet and a central angle of 78 028'23" (chord bearing S.78 02410 "E., 411.14 feet) to a point of tangency; tbeace N.62°21'38 "E., 232.70 feet to a point of curvature•, thence Easterly, 410.19 feet along the arc of a curve to the right having a radius of 525.00 feet and a central angle of 44 045'58" (chord bearing N.84 04437 "E., 399.84 feet) to a point of tangency; thence S.72 °52'24 "E., 229.17 feet to a point of curvature; thence Easterly, 33853 feet along the arc ofa curve to the left having a radius of 450.00 feet and a central angle of 43 °06'10" (chord bearing N.85 °343 1 "E., 330.60 feet) to apoint of tangency; thence N.64 °0 1'26 "E., 7551 feet to a point of curvature; thence Easterly, 353.60 feet along the arc of a curve to the right having a radius of 775.00 feet and a central angle of 26°08'31" (chord bearing N.7710542 "E., 350.55 feet); thence S.00 °09'58"W., 50.00 feet to a point on a curve, thence Westerly, 330.79 feet along the arc of said curve to the left having a radius of 725.00 feet and a central angle of 26 °08'31" (chord bearing S.77 005'42 "W., 327.93 feet) to a point of tangency, thence S_64001'26"W., 75.51 feet to a point of curvature; thence Westerly, 376.14 feet along the arc of a curve to the right having a radius of 500.00 feet and a central angle of 43 006'10" (chord bearing S.85 034'31 "W, 367.33 feet) to a point of tangency; thence N.72 °52'24"W., 229.17 feet to a point of curvature; thence Westerly, 371.13 feet along the axe of a curve to the 1cft having a radius of 475.00 feet and a central angle of 44 045:58" (chord beating S.84044'37"W., 361.76 feet) to a point of taogcucy; thence 5.62°21'38 "W, 28270 feet to a point of curvature; thence Westerly, S1824 feet along the arc of a curve to the right having a radius of 375.00 feet and a central angle of 79 °10'53" (chord bearing N.78"02-55'-W., 477.97 feet) to a point of reverse curvature; thence Westerly, 25.52 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 58 °29'3T' (chord bearing N.67 °42'17 "W, 24.43 feet) to a point of reverse curvature; thence Westerly, 46.51 feet along the arc of a curve to the right having a radius of 77.00 feet and a central angle of 34036140" (chord bearing N.7903846"W., 45.81 feet) to a point of reverse curvature; thence Westerly, 12.25 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 28 004'21' (chord bearing N.76°22'36 "W., 12.13 feet) to a point of tangency; thence 5.89 °35' 13 "W., 437.96 feet thence N.00 °2447 "W., 140.00 feet to the POINT OF >3HGINNING. Containing 4.430 acres, more or. less. . Prepared By: Heidt 8t Associates nc 3800 Colonial,�Mfd $Mte 200 Port Myers,%-I o" 3� , .. Aatc: I- c PSM 60- = Florida �l'�'fes"$93a�,edabd Mapper DESCRIPTION SKETCH b 0 v �1 s O z 0 N [!f x M y J NO. RADIUS I DELTA ARC TANt;W CHORD BEARING 1 W 4f4A � td 1 65'12'00' 1 121.78 - -- ___ 1 1 T5.30 O �. �.. - .� .� .�. - - I __- i s 0 K -T -1-I `I (- � W tr- 9q00'00' I 84` , ,< ► 1 1 L1111�JJ_1_..I- 1 1 1 1 1, LLLJ -J-11J I I I t a �I 3 25.00 6038'48 26..16 IL � .... 25 24 S.30"44'10'E. 4 =0 I TRACT GC -1 i i 1 8520'30' 114.59 1 Cl L2Ct Gi 104.38 S ` Cl 5 m -+ S.8Y35'13'W- t .fv 1b o 155 r- iS� G1 t t3 M, 26.29 IF -- ._- ^.cCt4 325.00 r- -^`.1 „S� (I wa I t 445.12 265.41 411.14 S.78'2410'E. 7 n 4445 8" 410.19 21621 1 N.8444 8 450.00 TUSCANY RESERVE DRIVE li a i 1 (TRACT 338.83 !i 330.60 N.85'34'31 T- li O't 1 t 775.00 II 353.60 TRACT CA -1 350.55 N.77'05'42'E II II 725,00 26'0831' II��I I'mm' 161133 L� _- __ -_ - -_- - ---- _- ____- __- ________ == �i��_ -it 4.T06 1 W 376.14 187.47 367.33 S.w3V3llw. 12 476,00 CURVE. DATA TABLE 1 ' .361.76 NO. RADIUS I DELTA ARC TANt;W CHORD BEARING 1 107.00 1 65'12'00' 1 121.78 1 68.43 1 1 T5.30 N.89'3813 2 25.00 9q00'00' 39.27 25.00 35:36 N.4435'13'E 3 25.00 6038'48 26..16 14,82 25 24 S.30"44'10'E. 4 77.00 8520'30' 114.59 70.98 104.38 S.18'23'19'E. 5 25.00 63'2WW 27.68 15.45 26.29 S.07'26'31'E 6 325.00 78"2823" 445.12 265.41 411.14 S.78'2410'E. 7 525-00 4445 8" 410.19 21621 399.84 N.8444 8 450.00 4,T06'10ff 338.83 177.73 330.60 N.85'34'31 T- o 775.00 28'0831 353.60 179.83 350.55 N.77'05'42'E 10 725,00 26'0831' 330.79 161133 27.93 S.77'05'42"W. 11 500.00 4.T06 1 W 376.14 187.47 367.33 S.w3V3llw. 12 476,00 4445'58" 371.13 195.62 .361.76 S.8444'37 W. 13 375.00 717'1053 518.24 310.12 477.97 N.78 02 55;W 14 23.00 58'29'37' 25.52 14.00 24.43 N.67'42'17 15 77.00 3W38 40 48.51 23.99 45.81 N.79'38 46'W. 16 25.00 2i! D4'21' 1225 6-25 12.13 K7M'35610. NOTES! 1. Bearings are booed on the North lint of the Tract No having a !searing of N.89'35'13'E 2. So* Shoot 1 of 2 for Legal Deeaription. OESiT FiQATE of MRH oAizAT1p)a N0. La 1 sa PPEPAxm By: HEIDT & ASSOCIATES, Inc. Tamps a Fort Myers C/VIL ENCNmmm] Foci mien oIIia PLA MNG 3800 Cdori ukv, eLm Zm 6uRVErwD FOn hbem f oWa 33812 ErMRONMENTAL Pf72wnNG Wwne' 236 - 482 -7275 LM1✓15C'aPE � FAX: 2,V)- AW -21ov - UNE DATA TABLE Li N.8935'13'E 110.77 L2 N.89'35' 13"E. 209.89 L3 N.01724'47W. 77.20 L4 N.&M'130C 50.00 IS S.0C2447'E. 8829 L6 N.0C24'47'W. 140.00 ��' • ate..• ra �. • i� , (iV SKETCH OF LEGAL DESCRI^q, .1 PHASE 1 A -1 AND PHAS E 1 A-2 AT TUSdJV -4 y,-R7 SERVE SECTION 12, TOWNSHIP 48 SOUTH. RANGE 25 EAST >d For. WCI C(>Navt(jr4 C ES INC. Dorn. RH I ci, - I mw-. if- ml..umm SHEET 2 OF 2 No.: rn i co rv....,...., .,o.•.. 0 Tar #*' F"- 3361.k nbs.mmmtas. +arr, Said e. Budd, 2&qV4r. ae" aa+ 320att 7033 !Brian ftiv*. faits 201 rL 34103 stl -Ti] -7100 r .W iD1Vsar.r. 00 14 74 00000 2733155 M; 2161 PG: 2311 •rylsf is on= wNNs K a m twee, x CW lIm".N No 1!.!1 W.le am.* am {.M sm M" �t 311 No" RIm MR= #I MN: THIS D=M" PREP"M BITWUT OPINION Op TITLE O.rb. r271N: I Special Warranty Deed nds 160"tnrc, trade" �p�$ d'�' °( December . 2000 A o.. !<etweta Paul L.L. 7oppino, 4rnst*e, under that oartai lea thornyeither rustto dated 15th tray of April, 1987, with full Power protect, conserve and to fall, or to less*, or to encumber r ord herein, otherwise to manage and dispose of the real property pursuant to the requirements of Florida Statute 689.071 .r+. cwq d Monroe , sbb or Florida , LMew• "t panther Developments, L.P., a Delaware limited partnership 24301 Malden Center Dries, Bonita Springs, FL 34131 of r. CMIAY d LM I s w a Florida , tnaste. w *w Y OAAlrM Car nd in GDO&.aiaa art* . d {$10) --------------------- DOLLAR& TLN DOLLMS ad a*i pd W rafutb o.nA..o•o a oNMrros M bul vV tr!' V bss+W rd soil u i. sd1 ORANM ad OR.AIr M frig, mom= ad vaW bcw. k biwin dcm Loo 6wk. y;s,dw:r:r�d Collier saw d Florida i.mL The North 1/2 of the Northeast 1/4, Section 12, Township 48 South, property describedlOnrExhibit'A less and and�madeta parsrtain hereof. Subject to Ad valorm real property taxes for the year of closing and svbsequnt fin; stoning* building code and other use restrictions iapoaed by governmental authority; oil, gala s and interests of r*cordt if any: easenenta of record, it any. 2%0 e W bare z cauvmyed DMS NpT constitute the NOeZSTEAD psapdrtY of the cbmator. 'j'fildjw A AN WM-0. b-awma ad ww-- sees• or b aw,wc WWWO14 To Have sad to HOW 4.... ti be &"% (M.- As� gw 1•+■ ro.rr o,,..,m .a rr s•�+•+ *a s.so. r.rar .�.f .c .a i.r : a, +... *w *4 0 VW 60 W b.4d .d�o.iy b .i W uardy .if b� bw V b.d+Y "Y 6e Mle b ..i� I,N W ri 1,fw1 r rM apr. M b.W d..s or d 0 x.oro "Mint b)'• *roof f .dw V.wr. 1611 - -- -- - OR: 2761 K: 2572 1611 Special Warranty Deed •rw = r..r. m rtumrr. 00147400000 in Wkaps wknte(, r.+.wo w his h w .r W >v &w 41�" -*M [tie a WAIW a1 /mas": log Prn Paul O, intd Mi trill ■ / P.O. Mdn..: 77»A NMIi N..w+Y ■►t 1(efw..r ru !Jw wita—ss f STATE OF Florida COt1K'1Y OF mmroe wr r Doombor , 2000 by Paul Z.L. Toppino, Trust&& b.i,o ii Florida drivor's licsaSO m r Prin Notary public >y C—M- 1- ENO- 3M /� "wMadrs �/ w.►�rr+RaK Hail Monts & ads R,9kd o I phNvwu 1 suw/= °paw; '°" 40» I%x on 2 wv raft Wa!tmw 0048"W mxpgdomm awft FAX 00 $NNW HMA FILE #95.31 MAY 5, 1989 PEL SIMPLE PARCEL 12-T DESCRIPTION: ROAD RIGHT -CF -WAY a: 2761 PG: 2513 A PARCEL OF LAND LOCATED IN THE NORTHEAST 114 OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICIILARI.Y DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 12. TOWNSHIP 48 SOUTH. RANGE 25 EAST, COWER COUNTY, FLORIDA; THENCE RUN S. 88.3 nr W- ALONG THE SOUTH LINE OF THE SOUTHEAST 114 OF SAID SECTION 12 FOR A DISTANCE OF 2!!67.8!1 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION M THENCE RUN N. 00'52'07" W. ALONG THE WEST LINE OF THE SOUTHEAST 114 OF SAID SECTION 12 FOR A DISTANCE OF 2331.75 FEET SO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION t2; THENCE ftAJN N. 00'SZ'O7' W. ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 1316.77 FEET TO THE SOUTHWEST CORNER OF THE NORTH 112 OF THE NORTHEAST 1/4 OF SAID SECTION 12 AND THE POINT OF OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N. o sroi W. ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION t2 FOR A DISTANCE OF 1316.70 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID . SECTION 12; THENCE RUN N. $6067"JO' E. ALONG THE NORTH LINE OF SAID SECTION 12 FOR A DISTANCE OF MW FEET; THENCE RUN S. 00'52' r E., PARALLEL WITH THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF t310.73 FEET TO A POINT ON THIS SOUTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 114 OF SAID SECTION 12; THENCE RUN & 88.64'12' W. ALONG THE SAID SOUTH LINE FOR A DISTANCE OF 60M FEET TO THE POINT OF BEGMNO, CONTAINING 1.61 ACRE% MORE OR LESS. BEARINGS SHOWN HEREON REFER TO AN ASSUMO BEARING Of S. Q8.3lW W. ALONG THE Soum UNE OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 48 SOU'rK RANGE 25 EAST. COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD6 c S 'I u, . wi HOLE. MONTES & ASSOCIATES, INC. �- P.L.S. #741 6Y '" J. RRi3 STATE Of FLORIDA 1611 .UAW csa. AZe A(O � I2 -T �Vk 4 .,rw euw A w 0& + stir �r sw aar sr yri SAV /S M: 2161 P6:' �ruur .cls: Y.s src.ir /2 ioll'' s�l9 ice' Mor!, dw it zf.. cow SAV or �•.arar,,r,►1v� NOTES: 0eMING$ *MN HEREON REFER TO AN AMME0 BEARING OF :R lf*W " W. ALONG THE SOUTH' N! OF THE SOUTHEAST 1N OF MOTION 12, TOWNSHIP 48 SOUTH, E 28 BAIM, COLLIER COUNTY, SUBJECT TO EASEMENTSr RESERVATIONS OR RE6TRICTLONB O! RECORix PARCEL 12 PARENT TRACT LEGAL. DESCPJP71ON REFERENCES W.00ROEO IN O.A BOOK 1282 AT PAM 2246 ANO 2245 OF THE PUBLIC RECORDS OF OOWVt COUKTV, FLORIDA. PARCEL, 12-T - PARCEL; TAKE ' NOT A SURVEY esuclAw rip PAX 4 WN al Mwo a ASSOL JITfs Ars7rw n/ Avww,~Y Mg] �t-YsFii1� / RAM / MMM 4c4r,^ L o+I.f'ewe- 'rA~ MR _ 1611 FOW FRCIAL OPERI►n ONB D&mffe 24311 WAMM CENTHR PAGE 1 BCNiIT SUIt'E 102 A SPRINGS, FL 34134 The first State I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF T:.E STATE OF pI,LAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AU3 CORRECT COPY OF THE CERTIFICATE OF MERGER, WHICH MERGES: "PANTHER DEVELOPMENTS, LLC. ", A DELAWARE LIMITED LIABILITY coMPANY, WITH AND INTO "WCI COMMUNITIES, INC." UNDER THE NAME OF "WCI CtMMUNITIES, INC. -, A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STAVE OF DELAWARE, AS RECEIVED AND FILED IN THIS 0? ?FICE THE TWENTY — EIGHTH DAY OF JANUARY, A.D. 2003, AT 9:30 O'CLOCK A.M. A FILED COPY OF THIS CERTIFICATE HAS BEEN FORWARLED TO THE NSW CASTLE COUNTY RECORDER OF DEEDS. 2141741 8100M 030055186 31338 09 4R: 3225 PG: 1519 t scull to uricr L gicons of t0UI11 cam. R 0212512001 it 1131jul bile? I. Im, fu- 11 Bc m 11.50 lets: �IIlT I1111I11 T1°1I ?ICI it .�"gft . oc.a tom. Harriet Smiti+ Wmdsw. 5ecreory v Sute AUTHENTICATION: 2227193 DATE: 01 -28 -03 Suit or rx'.0 sacturrurr qr. oY vrs.rorI & cowxvRA MO s F.TUV 05130 AN M1281797) 03a0s3:86 - .t14i7u S-V,% m or vm4wA= m=pLt,.A't'it La COMTA W pgM'CIC A OOMUUC CC)RPDXA noN p„rVIWA to Title k S.ction 2&(e) of thoDoUWM C MWW Comalmdoa IAW mod an 18 2w of do Dtlawao 14,WU 8 List ;,Y Co�Y AM the utidats� Title 6, Sects C K""Wo of Merges: cvtggrati4t► daewttsd the follawisys 17te tterut of the raviw�ai va porad ft is wa Co�ddtt• Inc-. a 1 tlac D1aae oftbr 1imiw buhitity CONY Dtlo+r►ase on (the is latt4SetD+rvtlapw�'t.11.C, m Delarwsm bcinS UMSOd into this ,,Iving cvYpote� litnite0 lsabttsty company ed. vied, t�eocuud A MM%U of MWW bas ban &WQvod• :lrnutr:d l�sbtlity Ir4 as � C owlWpd by tM swvivWg P°ratian Aral the cotr&r y 3. The ttasnts of the turvivittd oorpor WC1 Cets=tttm kC. 4 The nwgty is w beoaaao �,eoti. whm tisie Cestilicatte of rE�K u filed with ttu Daijwstt Socretas'r of Ssata. S. The A�oer Lms of M� is an file tt the Offsees of WC : Ca>:tRs► u�• S. Wadden 0,66 r Drive, Sonia Spsi,Mp. Flanda► 34134, tho 71 we otbusaees oi' 1nc.,1 thr s„jvivinj COpontson will be � b) sbe Car1}a�oa ti A opy of Me Amt of %%W on or ms�sbcr of on Tyucyt, without cast, to any ggoholder of MY coMOtUm colport ' any cowtAmInt liM'W liability sompanY ornnou shalt be u: 7. The CONti{1csic Of )t1Ct)tpQ � of fitlNlVir1$ core Cwtivato of Dworporation :N wI�gg y�Wtfm. still Comorsdan 1"'s ctna this cetuficauc w be uprd by an 801%orized otbcer, the 27th dal► Or 10=712003' wCl COImU • WC., a �• D. Ctt?Msa Neb Tr..ie tide: ••v:o. s c7•"^• Cv} a;. e,�[N► "Lff,AL'MelotY.'Myr+�►�' Mora �,u?Cwt °t►i�,i eK k CD w N N �S N a1r ,4 CHICAGO TITLE INSURANCE COMPANY 1611 4210 METRO PKWY., #130, FORT MYERS, FL 33916 (239)275 -8212 Fax: (239)275 -8199 ORDER NUMBER: 240307535 ESCROW NUMBER: 001 Ann Roczko First Fidelity Title Inc. 24201 Walden Center Drive Suite 204 Bonita Springs, Florida 34134 YOUR REFERENCE: PRODUCT: Ownership & Encumbrances INVOICE AS OF: 12/10/03 ORIGINAL INVOICE DATE: 12/10/03 Seller: WCI COMMUNITIES, INC Buyer: Propedy: Florida Attn: Ann Roczko CUSTOMER # 10 -2252 -000 CODE DESCRIPTION AMOUNT 004 MISC SEARCH - AGENT 75.00 BALANCE DUE: $75.00 These are your charges to date for this order. INVOICE23 5/95 1611 BILL OF SALE (Phase 1A -1 and Phase 1A -2 at Tuscany Reserve) THIS BILL OF SALE evidencing the sale and conveyance of the potable water and sanitary sewer utility facilities described herein is made this jl'�day of December, 2003, by TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT, (hereinafter referred to as "Seller"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns, (hereinafter referred to as 'Buyer "). WITNESSETH: That said Seller, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Seller in hand paid by the said Buyer, the receipt of whereof is hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents does grant, bargain, sell, transfer, set over and deliver unto the Buyer, and the Buyer's heirs, successors and assigns forever, those certain potable water and sanitary sewer utility facilities lying within the following described land, together with appurtenant easement rights for the operation, installation and maintenance of said potable water and sanitary sewer utility facilities, situate, lying and being in Collier County, Florida, to wit: A portion of Tract "R" of Tuscany Reserve according to the plat thereof as recorded in Plat Book 39, Page 88, of the Public Records of Collier County, Florida, as more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference. The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns, that it is the lawful owner of the said goods and chattels herein referred to as the potable water and sanitary sewer utility facilities, that said goods and chattels are free from all liens and encumbrances; that it has good right, title and authority to sell same, and that it will warrant and defend the same against the lawful claims and demands of all persons whomsoever. Seller and Buyer are used for singular or plural, as the context requires. IN WITNESS WHEREOF, SELLER has caused these presents to be executed the date and year first above written. ATTEST: 'OPN r 054L4-- A-4 Secretary STATE OF FLORIDA COUNTY OF LEE SELLER: TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT Gavy Gaspeflni Its: Vice Chair The foregoing Bill of Sale was acknowledged before me by Gary Gasperini as Vice Chair of Tuscany Reserve Community Development District, on behalf of Tuscany Reserve Community Development District. He is personally known to me. WITNESS my hand and official seal this _ I t 'day of December, 2003. My C Notary Public v^ %6 - DAVID W. CALDWELL Print Name: 1C / t D _ (L p+U Eck v: r MY COMMISSION k CC 993168 ?'• a EXPIRES: February 13, 2005 "'fNf.h r Sane" Tbru NObry P,blk unao" en Legal:IMDK/TuscanyReserve /Utility Turnover /Bill of Sale CDD to County dime 10 1 { PHASE IA -1 AND PHASE IA -2 AT TUSCANY RESERVE SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION: A parcel of land lying in Section 12, Township 48 Soutb, Range 25 East, also being a portion of Tract "R" of Tuscany Reserve according to the plat thereof as recorded in Plat Book 39, Page 88, of the Public Records of Collier County Florida, and being more particularly described as follows: BEGINNING at the Northerly intersection of said Tract "R" of Tuscany Reserve and the East right -of -way line of Livingston Road, thence N.89 °35'13 "E., 110.77 feet to a point on a curve; thence Easterly, 121.76 feet along the arc of a curve to the right having a radius of 107.00 feet and a central angle of 65 °12'00" (chord bearing N.89 °35'13 "E., 115.30 feet); thence N.89 °35'13 "E., 209.89 feet to a point of curvature; thence Northeasterly, 3927 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 90 °00'00" (chord bearing N.44 °35'13 "E., 35.36 feet) to a point of tangency; thence N.00 °24'47 "W., 77.20 feet; thence N.89 °35' 13 "E., 50.00 feet; thence S.00 °24'47 "E., 88.29 feet to a point of curvature; thence Southeasterly, 26.46 feet along the are of a curve to the left having a radius of 25.00 feet and a central angle of 60 °38'48" (chord bearing S.30 °44'10 "E., 25.24 feet) to a point of reverse curvature; thence Southerly, 114.69 feet along the are of a curve to the right having a radius of 77.00 feet and a central angle of 85 °20'30" (chord bearing S.18 °23'19 "E., 104.38 feet) to a point of reverse curvature; thence Southerly, 27.68 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 63 °26'55" (chord bearing S.07 °26'31 "E., 26.29 feet) to a point of compound curvature; thence Easterly, 445.12 feet along the arc of a curve to the left having a radius of 325.00 feet and a central angle of 78 °28'23" (chord bearing S.78 °24'10 "E., 411.14 feet) to a point of tangency; thence N.62-2 1'38"E., 282.70 feet to a point of curvature; thence Easterly, 410.19 feet along the arc of a curve to the right having a radius of 525.00 feet and a central angle of 44 °45'58" (chord bearing N.84 °44'37 "E., 399.84 feet) to a point of tangency; thence S.72 °52'24 "E., 229.17 feet to a point of curvature; thence Easterly, 338.53 feet along the arc of a curve to the left having a radius of 450.00 feet and a central angle of 43 °06'10" (chord bearing N.85 °34'31 "E., 330.60 feet) to a point of tangency; thence N.64 °01'26 "E., 75.51 feet to a point of curvature; thence Easterly, 353.60 feet along the arc of a curve to the right having a radius of 775.00 feet and a central angle of 26 °08'31" (chord bearing N.77 °05'42 "E., 350.55 feet); thence S.00 °09'58 "W., 50.00 feet to a point on a curve; thence Westerly, 330.79 feet along the arc of said curve to the left having a radius of 725.00 feet and a central angle of 26 °08'31" (chord bearing S.77 °05'42 "W., 327.93 feet) to a point of tangency; thence S.64 °01'26 "W., 75.51 feet to a point of curvature; thence Westerly, 376.14 feet along the arc of a curve to the right having a radius of 500.00 feet and a central angle of 43 °06'10" (chord bearing S.85 °34'31 "W., 367.33 feet) to a point of tangency, thence N.72 °52'24 "W., 229.17 feet to a point of curvature; thence Westerly, 371.13 feet along the arc of a curve to the left having a radius of 475.00 feet and a central angle of 44 °45'58" (chord bearing S.84 °44'37 "W., 361.76 feet) to a point of tangency; thence S.62 °2 1'38 "W., 282.70 feet to a point of curvature; thence Westerly, 518.24 feet along the arc of a curve to the right having a radius of 375.00 feet and a central angle of 79 °10'53" (chord bearing N.78 °02'55 "W., 47297 feet) to a point of reverse curvature; thence Westerly, 25.52 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 58 °29'37" (chord bearing N.67 °42'17 "W., 24.43 feet) to a point of reverse curvature; thence Westerly, 46.51 feet along the are of a curve to the right having a radius of 77.00 feet and a central angle of 34 °36'40" (chord bearing N.79 °38'46 "W., 45.81 feet) to a point of reverse curvature; thence Westerly, 12.25 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 28 °04'21" (chord bearing N.76 °22'36 "W., 12.13 feet) to a point of tangency; thence S.89 °35'13 "W., 437.96 feet-, thence N.00 °2447 "W., 140.00 feet to the POINT OF BEGINNING. Containing 4.430 acres, more or less. Prepared By: Heidt & Associates Inc 3800 Colonial lAyd4uite 200 Fort Myers; orida B39 21, (239) 482 =72' s " = Date: 6 Ra dall L.iHeD a PSM 6091 Florida PtckeAi hlf S5iive�pY'and Mapper i rJ EXHIBIT "An Page 1 of 2 1611.. DESCRIPTION SKETCH RADIUS DELTA ARC TANGENT CHORD w 1 107.00 6512'00' w 68.43 115.30 N.89- 35.13'E. �o e 25.00 90'00'00' 39.27 xw _ 35.36 BLOCK A' 3 25.00 ' / �1 I4 14.62 25.24 G 060 I J-LL1IJ.JJJJ- I- L_LLL111-J_ 77.00 8520'30' 114.69 70.98 104.38 S.18'23'1WE o'° I I 25.00 o I ( P TRACT GC -1 26.29 I o Q c2J J 1 C1 L2 C3 C S> F< 1 I >1G C9 z S.89'35'13'w. ate ;yg`v CS .t7. 10 12 ?g »< N6 GAO 1 0 I m o 525.00 437.9 6. -- -ACC \9.1j? 410.19 6 Ma ZI("'- F-I I 14 a 6,111 p'// S. 1g1' -4-�- ctt �„�'651 Il I 1 bn w I o Fla II �` C13 177.73 Ilw I 1 vi 11 -� TUSCANY RESERVE 'R) DRIVE II a 1 1 1 1 353.60 (TRACT 350.55 00 0 1 a i 11 725.00 26'08'31' a i II i f l i II TRACT CA-1 S.7705'42 W. I' o I 113m1 500.00 4506'10' 376.14 197.47 367.33 S.8534'31'W. 12 Iao1 1 44'45'58' 371.13 195.62 vl S.84'44.37 -W. 13 375.00 -y, 518.24 310.12 477.97 0 I 1 14 CURVE DATA TABLE 58'29'37' I ' NO. RADIUS DELTA ARC TANGENT CHORD BEARING 1 107.00 6512'00' 121.76 68.43 115.30 N.89- 35.13'E. 2 25.00 90'00'00' 39.27 25.00 35.36 NA 35'13'EE 3 25.00 60'38148' 26.46 14.62 25.24 S.3044'10'E. 4 77.00 8520'30' 114.69 70.98 104.38 S.18'23'1WE 5 25.00 63'26'55' 27.68 15.45 26.29 S.OT26'31 -E. 6 325.00 78'28 23' 445.12 265.41 411.14 S.7W24'10'E. 7 525.00 4-V45 W 410.19 216.21 399.84 N.84'44'37'E. 8 450.00 43'06'10' 338.53 177.73 330.60 N.SS34'31'E 9 775.00 26'08'31' 353.60 179.93 350.55 N.77'05'42 E 10 725.00 26'08'31' 330.79 168.33 327.93 S.7705'42 W. 11 500.00 4506'10' 376.14 197.47 367.33 S.8534'31'W. 12 475.00 44'45'58' 371.13 195.62 361.76 S.84'44.37 -W. 13 375.00 79'10'53' 518.24 310.12 477.97 N.7WO2'55'W. 14 25.00 58'29'37' 25.52 14.00 24.43 N.674217'W. 15 77.00 3436 40' 46.51 23.99 45.81 N.7938'46W. 16 25.00 26'04'21' 12.25 6.25 12.13 N.7622'36'*. NOTES: 1. Bearings are based on the North Una of the Tract 'R' having a bearing of N.89'35' 13'E. 2. See Sheet 1 of 2 for Legal Description. CERTIFICATE OF AOTF IORIZATION NO. LB 148 PREPARm BY: HEIDT $ ASSOCIATES, Inc. Tampa o Fort Myers CIVIL ENGINEERING FortNy..Ofr- PLANNING 3800 Colonial Bhd, Suite 200 SURVEYING FOr1 Myers, Florida 33912 ENVIRONMENTAL PERMFTTING P"-: 239-482 -1275 FAX: 239- 482 -2103 LANDSCAPE ARCHTECTURE LINE DATA TABLE Li N.8935'13'E. 110.77 L2 N.BW35'13'E. 209.89 L3 N.00'24'47W. 77.20 L4 N.89'35' 13'E. 50.00 LS SAO'24'47'E 88.29 L6 N.00'24'47W. 140.00 4LL L -Iit46 Parcel ID# 76534001565 1611 UTILITY FACILITIES WARRANTY DEED (Phase 1A -1 and Phase 1A -2 at Tuscany Reserve) THIS INDENTURE made this ( ll% day of December, 2003, between TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT (hereinafter referred to as "Grantor "), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Grantee "). W ITNESSETH: That said Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said Grantee, and Grantee's heirs, successors and assigns forever, all potable water and sanitary sewer utility facilities lying within the following described land, together with appurtenant easement rights for the operation, installation and maintenance of said water and sewer utility facilities, situate, lying and being Collier County, Florida. to wit: A portion of Tract "R" of Tuscany Reserve according to the plat thereof as recorded in Plat Book 39, Page 88, of the Public Records of Collier County, Florida, as more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Property") and said Grantor does hereby fully warrant the title to said potable water and sanitary sewer utility facilities and will defend the same against the lawful claims of all persons whomsoever. For the purposes of this conveyance, the potable water and sanitary sewer utility facilities conveyed herein shall not be deemed to convey any of the lands described in herein. Grantor and Grantee are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor have caused these presents to be executed the date and year first above written. GRANTOR: k TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT By, z. Secretary GapfGasperhii Its: Vice Chair STATE OF FLORIDA COUNTY OF LEE The foregoing Utility Facility Warranty Deed was acknowledged before me by Gary Gasperini, as Vice Chair of Tuscany Reserve Community Development District, on behalf of the Tuscany Reserve Community Development District. He is personally known to me. WITNESS my hand and official seal this t fl�- day of December, 2003. My Commission Expires: _ Notary Public oawow.cn�vmL Printed Name:�PN ti��' L MY COMMISSION # CC 993168 �' =p= EXPIRES: Febua 13,2005 ;. „ „ry,• Bonded TT�u Notary Pubho undem*_ L4 . ilityDeed Coo to County 1611'; PHASE 1A -1 AND PHASE IA -2 AT TUSCANY RESERVE SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION: A parcel of land lying in Section 12, Township 48 South, Range 25 East, also being a portion of Tract "R" of Tuscany Reserve according to the plat thereof as recorded in Plat Book 39, Page 88, of the Public Records of Collier County Florida, and being more particularly described as follows: BEGINNING at the Northerly intersection of said Tract "R" of Tuscany Reserve and the East right -of -way line of Livingston Road, thence N.89 °35'13 "E., 110.77 feet to a point on a curve; thence Easterly, 121.76 feet along the arc of a curve to the right having a radius of 107.00 feet and a central angle of 65 °12'00" (chord bearing N.89 °35'13 "E., 11530 feet); thence N.89 °35' 13 "E., 209.89 feet to a point of curvature; thence Northeasterly, 39.27 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 90 °00'00" (chord bearing N.44 °35'13 "E., 35.36 feet) to a point of tangency; thence N.00 °24'47 "W., 77.20 feet-, thence N.89 °35'13 "E., 50.00 feet; thence S.00 °2447 "E., 88.29 feet to a point of curvature; thence Southeasterly, 26.46 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 60 °3848" (chord bearing S.30 °44'10 "E., 25.24 feet) to a point of reverse curvature; thence Southerly, 114.69 feet along the arc of a curve to the right having a radius of 77.00 feet and a central angle of 85 °20130" (chord bearing S.18 °23'19 "E., 104.38 feet) to a point of reverse curvature; thence Southerly, 27.68 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 63 °26'55" (chord bearing S.07 °26'31 "E., 26.29 feet) to a point of compound curvature; thence Easterly, 445.12 feet along the are of a curve to the left having a radius of 325.00 feet and a central angle of 78 °28'23" (chord bearing S.78 124'10 "E., 411.14 feet) to a point of tangency; thence N.62 °21'38 "E., 282.70 feet to a point of curvature; thence Easterly, 410.19 feet along the arc of a curve to the right having a radius of 525.00 feet and a central angle of 44 °45'58" (chord bearing N.84 °44 37 "E., 399.84 feet) to a point of tangency; thence S.72 °52'24 "E., 229.17 feet to a point of curvature; thence Easterly, 338.53 feet along the arc of a curve to the left having a radius of 450.00 feet and a central angle of 43 °06'10" (chord bearing N.85 °34'31 "E., 330.60 feet) to a point of tangency; thence N.64 °01'26 "E., 75.51 feet to a point of curvature; thence Easterly, 353.60 feet along the arc of a curve to the right having a radius of 775.00 feet and a central angle of 26 °08'31" (chord bearing N.770542 "E., 350.55 feet); thence S.00 °09'58 "W., 50.00 feet to a point on a curve; thence Westerly, 330.79 feet along the are of said curve to the left having a radius of 725.00 feet and a central angle of 26 °08'31" (chord bearing S.77 °05'42 "W., 327.93 feet) to a point of tangency; thence S.64 °01'26 "W., 75.51 feet to a point of curvature; thence Westerly, 376.14 feet along the arc of a curve to the right having a radius of 500.00 feet and a central angle of 43 °06'10" (chord bearing S.85 °34'31 "W., 367.33 feet) to a point of tangency; thence N.72 °52'24 "W., 229.17 feet to a point of curvature; thence Westerly, 371.13 feet along the arc of a curve to the left having a radius of 475.00 feet and a central angle of 44 °45'58" (chord bearing S.84 14437 "W., 361.76 feet) to a point of tangency; thence S.62 °21'38 "W., 282.70 feet to a point of curvature; thence Westerly, 518.24 feet along the arc of a curve to the right having a radius of 375.00 feet and a central angle of 79 °10'53" (chord bearing N.78 °02'55 "W., 477.97 feet) to a point of reverse curvature; thence Westerly, 25.52 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 58 °29'37" (chord bearing N.67 °42'17 "W., 24.43 feet) to a point of reverse curvature; thence Westerly, 46.51 feet along the arc of a curve to the right having a radius of 77.00 feet and a central angle of 34 °36'40" (chord bearing N.79 °3846 "W., 45.81 feet) to a point of reverse curvature; thence Westerly, 12.25 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 28 °04'21" (chord bearing N.76 °22'36 "W., 12.13 feet) to a point of tangency; thence S.89 °35'13 "W., 437.96 feet; thence N.00 °24'47 "W., 140.00 feet to the POINT OF BEGINNING. Containing 4.430 acres, more or less. Prepared By: Heidt & Associates Inc 3800 Colonial .$kud,%te 200 Fort Myers,,Vlotida +3334ft (239)4 2-7 " = Date: 4 6 Ra all '.:Hen a PSM 6091 Florid feAbhl{•Siurve�oYand Mapper EXHIBIT "Lin Page 1 of 2 1611' DESCRIPTION SKETCH RADIUS DELTA ARC W CHORD BEARING W 0 m 107.00 65'12'00' �EW - --_ _ - -JaT -- 2 `\ 9 /irT�_I -1� I K BL r a iT_T- 1'� -I-1 -I I I------------------------------------ rl\ ,�' 1 0e9 1- La I I' ° I i �`y� L1111��J- 1- LLLLII J_ I I °o` Ot I1 I 25.00 60'38'48' y a o`� I I -Q-��- E o 1 Q 1 J TRACT GC -1 ` W ¢0 1 ct I C 2 -� L2 cs C SJ I 1 I a,Tro I C9 L cr m 'F. 2 g2 24r S.8T35'13 -W. Cis 1�o ct2 r> o .96' C5 6 11 k 1 116 X65` ' 10 -. C I ` �b �'L6 1 ,n o r- - 'L --ACC 74 yea / \�2_�7j24�` C11 U) �56��i5` (AMC' 15.45 8 6'1.1 o rti III C1.7 7828'23' 1 -- TUSCANY RESERVE DRIVE II1 na 1 11 (TRACT 'R' 525.00 I I 410.19 h Ad I I I i TRACT CA-1 113M1 II 43'06'10' IIa - I I 177.73 330.60 1 0l I 9 775.00 26'08'31' 353.60 179.93 o I N.7r05'42'F- CURVE DATA TABLE I I NO. RADIUS DELTA ARC TANGENT CHORD BEARING 1 107.00 65'12'00' 1 121.76 68.43 115.30 N.89'35'13'E. 2 25.00 90'00'00' 39.27 25.00 35.36 NAV35'13'E. 3 25.00 60'38'48' 26.46 14.62 25.24 S.30'44'1OE. 4 77.00 85'20'30' 114.69 70.98 104.38 S.18'23'19'E. 5 25.00 63'2655 27.68 15.45 26.29 S.07'26'31'E. 6 325.00 7828'23' 445.12 265.41 411.14 SJC24'10'E 7 525.00 4445'58' 410.19 216-21 399.84 N.8444'37'E 8 450.00 43'06'10' 338.53 177.73 330.60 NAT34'31'E. 9 775.00 26'08'31' 353.60 179.93 350.55 N.7r05'42'F- 10 725.00 26'08'31' 330.79 168.33 327.93 S.77'05'42 Wo 11 500.00 43'06'10' 376.14 197.47 367.33 S.SS34'31'W. 12 475.00 4-4!45'58' 371.13 195.62 361.76 S.84 44'37" We 13 375.00 79'10'53' 518.24 310.12 477.97 N.78'02'SSW. 14 25.00 58'29'37' 25.52 14.00 24.43 N.6T42'17'W. 15 77.00 3436'40' 46.51 23.99 45.81 N.79'38'46W. 16 25.00 28'04'21' 12.25 6.25 12.13 N.7622'36 W. . • Is_3. 1. Bearings are based on the North Line of the Tract 'R' having a bearing of N.89'35'1 3'E 2. See Sheet 1 of 2 for Legal Description. LINE DATA TABLE L7 N'BT35'13:E. 110.77 L2 N.8T35'13'E. 209.89 L3 N.00'24'47 W. 77.20 L4 N.BT35'13'F- 50.00 L5 S.00'24'47'E. 88.29 L6 N.00'24'47 W. 140.00 ulltDnll,,. ` ( NN// 0[T •, � I;�r �Y,) . AnFiCATEOFAU ORIZATION NO. Le148 SKETCH OF LEGAL DESCRIPTION FOR, ar: HEIDTS.ASSOCIATES, Inc. PHASE IA -1 AND PHASE IA-2 ATTUSCXN1PRESERVE Tampa o Fort Myers SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST CIVIL ENGINEERING Fort Myers Office Prepared For. WCI COMMUNITIES INC. PLANNING 3800 COON31 BM1tl, Suite 200 SURVEYING Fort Myers. Florioa 33912 D- RH Ck. - DWG: TY- PHI - MILRYAGL Pr- 239- 482 -7275 SHEET 2 OF 2 Order No.: WST -TR -049 ENVIRONMENTAL PERMfTTING FAX 239- 482 -2103 11 11 SECTION 12 TOWNS4� 48 S RANGE 25 E LANDSCAPE ARCHO- ECTURE F.%fIINT A - _. _ _ COLLIER C00MY, FLORIDA 161144 Tuscany Reserve Community Development District Financial Reporting December 11, 2003 Board of Supervisors Meeting 1611 TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT General Fund Balance Sheet For The Period Ending September 30, 2003 ASSETS: Cash $15,576 Due from Capital $4,220 Due from Developer $4,242 TOTAL ASSETS $24,038 LIABILITIES: Accounts Payable $7,686 Developer Advance $5,000 Due to Developer $4,220 FUND EQUITY: Fund Balance $7,132 TOTAL LIABILITIES & FUND EQUITY $24,038 REVENUES: Developer Contributions TOTAL REVENUES EXPENDITURES: ADMINISTRATIVE: TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT General Fund Statement of Revenues & Expenditures For The Period Ending September 30, 2003 1611? ADOPTED PRORATED BUDGET ACTUAL BUDGET THRU 9/30/03 THRU 9/30/03 VARIANCE $89,625 $89,625 $64,933 ($24,692) $89,625 $89,625 $64,933 ($24,692) Engineering Fees $12,000 $12,000 $2,758 $9,242 Attorney Fees $20,000 $20,000 $3,265 $16,736 Annual Audit $3,500 $3,500 $0 $3,500 Management Fees $40,000 $40,000 $40,000 $0 Computer Time $500 $500 $500 ($0) Telephone $300 $300 $62 $238 Postage $1,000 $1,000 $795 $205 Printing & Binding $1,000 $1,000 $2,082 ($1,082) Rentals & Leases $2,400 $2,400 $2,400 $0 Insurance $5,000 $5,000 $5,000 $0 Legal Advertising $2,000 $2,000 $2,151 ($151) Other Current Charges $1,000 $1,000 $873 $127 Office Supplies $500 $500 $140 $360 Dues, Licenses, Subscriptions $175 $175 $175 $0 Capital Outlay $250 $250 $0 $250 TOTAL EXPENDITURES $89,625 $89,625 $60,202 $29,423 EXCESS REVENUES /(EXPENSES) $0 $4,732 Fund Balance - Beginning $2,400 Fund Balance - Ending $7,132 -2- TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT General Fund Balance Sheet For The Period Ending October 31, 2003 ASSETS: 1511 Cash $6,433 Due from Capital $4,220 Due from Developer $8,548 Prepaid Expenses $4,583 TOTAL ASSETS $23,784 LIABILITIES: Accounts Payable $7,849 Due to Developer $4,220 FUND EQUITY: Fund Balance $11,715 TOTAL LIABILITIES & FUND EQUITY $23,784 -1 REVENUES: Developer Contributions TOTAL REVENUES EXPENDITURES: TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT General Fund Statement of Revenues & Expenditures For The Period Ending October 31, 2003 161141 -.4 ADOPTED PRORATED BUDGET ACTUAL BUDGET THRU 10/31/03 THRU 10/31/03 VARIANCE $90,325 $7,527 $9,306 $1,779 $90,325 $7,527 $9,306 $1,779 ADMINISTRATIVE: Engineering Fees $12,000 $1,000 $0 $1,000 Attorney Fees $20,000 $1,667 $333 $1,334 Annual Audit $3,500 $292 $0 $292 Management Fees $40,000 $3,333 $3,333 ($0) Computer Time $500 $42 $42 ($0) Telephone $250 $21 $4 $17 Postage $1,000 $83 $16 $67 Printing & Binding $1,750 $146 $42 $104 Rentals & Leases $2,400 $200 $200 $0 Insurance $5,000 $417 $417 $0 Legal Advertising $2,000 $167 $149 $17 Other Current Charges $1,000 $83 $159 ($76) Office Supplies $500 $42 $28 $14 Dues, Licenses, Subscriptions $175 $175 $0 $175 Capital Outlay $250 $21 $0 $21 TOTAL EXPENDITURES $90,325 $7,688 $4,723 $2,965 EXCESS REVENUES /(EXPENSES) $0 $4,583 Fund Balance - Beginning $7,132 Fund Balance - Ending $11,715 -2- Tuscany Reserve r: COMMUNITY DEVELOPMENT DISTRICT 1 Funding Request #11 July 22, 2003 1 FedEx Inv# 4- 675 -95631 $26.16 2 Severn Trent Environmental Services Management Fees $3,333.33 Rentals Et Leases $200.00 Computer Time $41.67 Supplies $132.36 (July 2003) TOTAL $3,733.52 $3,733.52 $0.00 i'i Developer will be reimbursed for all Capital related invoices upon the issuance of Bonds. GENERAL FUND CAPITAL PROJECTS ITEM NO. PAYEE 1 FedEx Inv# 4- 675 -95631 $26.16 2 Severn Trent Environmental Services Management Fees $3,333.33 Rentals Et Leases $200.00 Computer Time $41.67 Supplies $132.36 (July 2003) TOTAL $3,733.52 $3,733.52 $0.00 i'i Developer will be reimbursed for all Capital related invoices upon the issuance of Bonds. Tuscany Reserve COMMUNITY DEVELOPMENT DISTRICT Funding Request #12 August 5, 2003 ITEM NO, PAYEE 1 Doubletree Guest Suites Conference/ Banquet 2 FedEx Inv# 4- 771 -96678 Inv# 4- 820 -36026 3 Heidt Et Associates, Inc 2 Hours Engineering Services TOTAL $428.14 0) Developer will be reimbursed for all Capital related invoices upon the issuance of Bonds. 1611 GENERAL FUND CAPITAL PROJECTS (') $106.00 $14.21 $7.93 $300.00 $428.14 AM Tuscany Reserve 1611 COMMUNITY DEVELOPMENT DISTRICT Funding Request #13 September 5, 2003 F ITEM M NO. PAYEE GENERAL FUND - CAPITAL PROJECTS WFTWF�E -t' .TANNNWWWWM N'O 1 Florida Municipal Insurance Trust $5,000 2003-04 Insurance premium 2 Goodlette, Coleman Et Johnson, P.A $333.00 Inv#9 Services thru 07/31103 3 Severn Trent Environmental Services Management Fees $3,333.33 Rentals Et Leases $200.00 Computer Time $41.67 Supplies $86.00 (August 2003) TOTAL $8,994.00 $8,994.00 $0.00 �') Developer will be reimbursed for all Capital related invoices upon the issuance of Bonds. Tuscany Reserve COMMUNITY DEVELOPMENT DISTRICT Funding Request #14 October 9, 2003 1611'� ITEM NO. PAYEE GENERAL FUND CAPITAL PROJECTS (') 1 Fed Ex Inv# 4- 771 -53436 $82.80 Inv# 4- 821 -13944 $7.97 Inv# 4- 675 -95631 ($26.16) (Requested twice F/R #10 and # 11) 2 Naples Daily News Inv #58675903 $340.96 Inv #58705745 $149.36 Inv #58722443 $143.84 3 Severn Trent Environmental Services Management Fees $3,333.33 Rentals Ft Leases $200.00 Computer Time $41.67 Supplies $11.36 (September 2003) TOTAL $4,285.13 $4,285.13 �'i Developer will be reimbursed for all Capital related invoices upon the issuance of Bonds. $0.00 Tuscany Reserve COMMUNITY DEVELOPMENT DISTRICT . Funding Request #15 November 20, 2003 ITEM NO PAYEE GENERAL FUND CAPITAL PROJECTS 1 Doubletree Guest Suites Inv# 09212003 $106.00 Inv# 10092003 $159.00 2 Goodlette, Coleman it Johnson, P.A Inv# 10 $332.50 3 Naples Daily News Inv# 58738932 $143.84 4 Severn Trent Environmental Services Management Fees $3,333.34 Rentals Et Leases $200.00 Computer Time $41.67 Supplies $90.22 (October 2003) Severn Trent Environmental Services Management Fees $3,333.34 Rentals Et Leases $200.00 Computer Time $41.67 Supplies $17.66 (November 2003) TOTAL $7,999.24 $7,999.24 $0.00 „ �') Developer will be reimbursed for all Capital related invoices upon the issuance of Bonds. Tuscany Reserve COMMUNITY DEVELOPMENT DISTRICT GENERAL FUND Balance Per Bank Statement Add: Transfers /Deposits in Transit Less: Outstanding Checks Balance Per Bank Beginning Bank Balance Per Books Cash Receipts Cash Disbursements Adjustments Balance Per Books Month Ending Oct -03 $6,432.89 $0.00 $0.00 $6,432.89 $15,576.25 $0.00 1611 ($9,143.36) $0.00 Service Charge $6,432.89 • COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARIN To: Clerk to the Board: Please place the following as a: Normal legal Advertisement XXX Other: (Display Adv. location, etc.) Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Date: 3/8/04 Petition No. (If none, give brief description): SE -03 -AR -3766 Petitioner: (Name & Address): Ray Bellows, AICP, Chief Planner, 2800 North Horseshoe Drive, Naples, Florida 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If mare space is needed, attach separate sheet) Hearing before BCC XX BZA Other Requested Hearing date: April 13, 2004 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Proposed Text: (Include legal description & common location & Size: ❑ Legally Required An Ordinance of the Board of County Commissioners amending Ordinance 91 -102, as amended, the Collier County Land Development Code, by providing for Scrivener's Error corrections to Ordinance No. 0243, Section 1.2, Legal Description, The Balmoral Planned Unit Development (PUD); and by providing an effective date. Does Petition Fee include advertising cost? XX Yes ❑ No If Yes, what account should be charged for advertising costs: 113- 138312- 649110 Reviewed by: Approved by: 3 ivision Head D to County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division ❑ Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: 311,44 Date of Public hearing: Date Advertised:.3 ORDINANCE NO. 04- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 91 -102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY PROVIDING FOR SCRIVENERS ERROR AMENDMENTS TO CORRECT ORDINANCE 02 -43, THE BALMORAL PLANNED UNIT DEVELOPMENT (PUD); AND BY PROVIDING FOR AN EFFECTIVE DATE. 17B '1 WHEREAS, the Collier County Board of County Commissioners adopted Ordinance No. 02 -43 for the Balmoral Planned Unit Development (PUD) on July 30, 2002; and WHEREAS, following said action in adopting said Ordinance, No. 02 -43, an incorrect legal description was provided and that this constitutes a scrivener's error. NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners of Collier County, Florida that the scrivener's error be corrected as follows: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO SECTION 1.2, LEGAL DESCRIPTION Section 1.2, Legal Description, of the Balmoral PUD, Ordinance Number 02 -43, is hereby amended to correct a scrivener's error by amending said Section to read as follows: LEGAL DESCRIPTION The subject property being: The following described property in Collier County, Florida: As recorded in O.R. Book 1681, Page 4 , of the Public Records of Collier County; and the south half of the southwest '/4 of the southwest '/4 of Section 18, Township 49 South, Range 26 East; and the south '/2 of the southeast '/4 of the southwest '/4 of Section 18, Township 49 South, Range 26 East. Subject parcel contains 58.95 acres, more or less. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2004. ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: MARJOIUE M. STUDENT Assistant County Attorney G /admin/SCRIVENER'S ERROR ORDINANCE /AR- 3766 /RB /lo BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHARIMAN Words are deleted: words underlined are added. 17B', March 16, 2004 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: SE -03 -AR -3766 (Balmoral PUD Scriveners Error) Dear Georgia: Please advertise the above referenced petition on Sunday, March 28, 2004 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Maureen Kenyon Deputy Clerk Minutes & Records P.O. /Account # 113- 138312 - 649110 NOTICE OF INTENT TO CONSIDER ORDINANCE 17B ivoLice is nereny given tnat on Tuesday, April 13, 2004, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 91 -102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY PROVIDING FOR SCRIVENER'S ERROR AMENDMENTS TO CORRECT ORDINANCE 02 -43, THE BALMORAL PLANNED UNIT DEVELOPMENT (PUD)i AND BY PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Maureen Kenyon, Deputy Clerk (SEAL) Maureen A. Ke To: Subject legals @naplesnews.com SE -03 -AR -3766 Balmoral PUD Attached is the notice for SE -03 -AR -3766 Balmoral PUD and your instruction letter. Thanks. SE- 03- AR- 3766.doc SE- 03- AR- 3766.doc Maureen A. Kenyon From: postmaster @clerk. col Iier.fl.us Sent: Tuesday, March 16, 2004 11:08 AM To: Maureen A. Kenyon Subject: Delivery Status Notification (Relay) This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 ATT174520.bd SE -03 -AR -3766 Balmoral PUD This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Maureen A. Kenyon From: System Administrator [postmaster @naplesnews.com] Sent: Tuesday, March 16, 2004 11:09 AM To: Maureen A. Kenyon Subject: Delivered: SE -03 -AR -3766 Balmoral PUD LI SE -03 -AR -3766 Balmoral PUD <<SE -03 -AR -3766 Balmoral PUD>> Your message To: legals@naplesnews.com Subject: SE -03 -AR -3766 Balmoral PUD Sent: Tue, 16 Mar 2004 11:07:13 -0500 was delivered to the following recipient(s): legals on Tue, 16 Mar 2004 11:08:32 -0500 1 178.A/ Maureen A. Kenyon From: legals [legals @naplesnews.com] Sent: Tuesday, March 16, 2004 1:26 PM To: Maureen A. Kenyon Subject: RE: SE -03 -AR -3766 Balmoral PUD RCVD to run march 28 thanks georgic - - - -- Original Message---- - From: Maureen A. Kenyon [mailto: Maureen. Kenyon@clerk.collier.fl.us] Sent: Tuesday, March 16, 2004 11:07 AM To: legals @naplesnews.com Subject: SE -03 -AR -3766 Balmoral PUD Attached is the notice for SE -03 -AR -3766 Balmoral PUD and your instruction letter. Thanks. «SE- 03- AR- 3766.doc>> «SE- 03- AR- 3766.doc>> 3/16/2004 17 B ,a, NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper 1 time in the issue on March 28th, 2004 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. / _'_4 ( Signature of affiant) Sworn to and subscribed before me This 29th day of March ,2004 (Signature of notary public) Harriett Bushong MY COMMISSION # DD234689 EXPIRES t,:as July 24, 2007 :'r�` BbNnpD1F!P.'�T:OY FaiN � ^�SiJ$dNCE.1NC SE -03 =AR 3766 NOTICE OF INTENT TO - CONSIDER ORDINANCE otice Is hereby 91ven 3�t o _Tuesday, April ,ln this Beard - p�qnn,, artl Ft�6tr Admin- �stratlon guNtlkla. Col - iler CCouritY mlTlrxN. the sider the 4 a CountyY 'The meat, r=1 at 9 nancce ids a &nee. com- The ed Or- Copes of the proposed Ordinance- are on file Iwith the Clerk to the trrtll and are pectlon. All Inter- eared are InvRed to M pad=be heard. NOTE: All persons wish- i , Item to ve aouresac- individual speakers will born ianytItem Theis9lec tlon of an individual to speak on behalf of an organization or group Is iencouraged. 1 recog- nized by the Chairman, a spokesperson for a group or organization utes toalsp aklon an Item. Persons wishing to have written Iuein the Board agenda pack. nlnimum of sev- aaprino r All ma a perma- record. Any pe a th e' 1 appm is -- . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,' FLORIDA DO I N NA FIALA, CHAIR- DWIGHT E. BROCK, CLERK By: �yDDWAY CIO Ken erCh�2B No. 544904 I ` Date: April 27, 2004 To: Ray Bellows, Planner From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Ordinance 2004 -22 Enclosed please find one copy to the document as referenced above , Agenda Item #17B approved by the Board of County Commissioners on Tuesday, April 13, 2004 If you should have any questions, please contact me at 774 -8411. Thank you. Enclosures ORDINANCE NO. 04- 2 2 AN ORDINANCE OF THE BOARD OF COUNTY 17B COMMISSIONERS AMENDING ORDINANCE 91 -102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY PROVIDING FOR SCRIVENERS ERROR AMENDMENTS TO CORRECT ORDINANCE 02 -43, THE BALMORAL PLANNED UNIT DEVELOPMENT (PUD); AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of County Commissioners adopted Ordinance No. 02 -43 for the Balmoral Planned Unit Development (PUD) on July 30, 2002; and WHEREAS, following said action in adopting said Ordinance, No. 02 -43, an incorrect legal description was provided and that this constitutes a scrivener's error. NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners of Collier County, Florida that the scrivener's error be corrected as follows: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO SECTION 1.2, LEGAL DESCRIPTION Section 1.2, Legal Description, of the Balmoral PUD, Ordinance Number 02 -43, is hereby amended to correct a scrivener's error by amending said Section to read as follows: LEGAL DESCRIPTION The subject property being: The following described property in Collier County, Florida: As recorded in O.R. Book 1681, Page 4 5 and O.R. Beek 803, Page 1 483, of the Public Records LVVlt VlT of Collier County; and the south half of the southwest '/4 of the southwest '/4 of Section 18, Township 49 South, Range 26 East; and the south '/z of the southeast '/4 of the southwest '/4 of Section 18, Township 49 South, Range 26 East. Subject parcel contains 58.95 acres, more or less. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 134% day of 4D1r%k , 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT a.- MbCK,'''L COLLIER CO TY, FLORIDA gy=Q. BY: to Miman's DO WA FIALA, CHARIMA Approved as fd o is 4ghature only. Legal Sufficiency: MARJO E M. STUDENT Assistant County Attorney G /admin/SCRIVENER'S ERROR ORDINANCE /AR- 3766 /RB /lo Words straek threugh are deleted; words underlined are added. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2004 -22 78 Which was adopted by the Board of County Commissioners on the 13rd day of April 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of April, 2004. DWIGHT E. BROCK, , l'ia '•4��'��c. Clerk of Cou:'t' -' r� `r Ex- officio t9'715oz; d Of'- • Commi Count y e,, ©nor • ..,, By: Linda A. Houtzer Deputy Clerk COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS f-o,o To: Clerk to the Board: Please place the following as a: [Normal legal Advertisement ❑ Other: (Display Adv., location, etc.) Originating Dept/ Div: &9e4,p'l)br 6, P[4&u U`7L �3 Person: -- - a u � Date: Petition No. (If none, give brief description): Petitioner: (Name & Address): Natne & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? ❑ Yes ❑ No If Yes, what account should be charged` fi adve :s' g costs: Reviewed (� b ( ((�� > Q Divisio Administrator or De 'nee Date( List Attachments: `\{ } DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USMI. 4 /' Date Received: Date of Public hearing: "1 *_��_ Date Advertised: 4-2-y4 17 C RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RE- ESTABLISHING AND AMENDING SCHEDULE TWO OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, AS AMENDED, THE SAME BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AUTHORIZING A CHANGE IN FORMAT TO WATER AND WASTEWATER SCHEDULE TWO OF APPENDIX A TO ORDINANCE NUMBER 2001 -13 TO IMPROVE CLARITY AND CONSISTENCY IN THE ASSESSMENT OF RESIDENTIAL WATER AND WASTEWATER IMPACT FEES; ADDING THE CORRECT ERC VALUE RANGE FOR A ONE AND A HALF INCH (1.5 ") WATER METER, PREVIOUSLY OMITTED BY SCRIVENER'S ERROR; REPEALING RESOLUTION NO. 2003 -93 AND RESOLUTION NO. 2003 -300; PROVIDING AN EFFECTIVE DATE OF APRIL 14, 2004. WHEREAS, on September 10, 2003, the Board of County Commissioners adopted Resolution No. 2003 -300, thereby amending Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances as amended, the same being the Collier County Consolidated Impact Fee Ordinance, and thereby also authorizing a change in methodology for the assessment of non - residential water and wastewater impact fees based on equivalent residential connections (ERC), with an effective date of September 10, 2003, and WHEREAS, on February 25, 2003, the Board of County Commissioners adopted Resolution No. 2003 -93, thereby amending Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances as amended, the same being the Collier County Consolidated Impact Fee Ordinance, and thereby decreasing the water impact fee rate from $2,690 per equivalent residential connection (ERC) to $2,570 per ERC (a decrease of 4.5 percent); and also increasing the sewer impact fee rate from $2,840 per ERC to $2,950 per ERC (an increase of 3.9 percent) for all customer classes; the proposed rates specified in revised Schedule Two of Appendix A; providing a delayed effective date of April 1, 2003; and WHEREAS, water and wastewater impact fees are based on equivalent residential connections ( "ERCs' ). In Collier County an ERC is equal to 350 gallons per day (gpd) for water and is 250 gpd for wastewater; and WHEREAS, this recommended change in format does not change any water or wastewater impact fee per ERC adopted by the Board of County Commissioners on September 10, 2003, and is still within the parameters for impact fee determination established by Florida case law; and WHEREAS, the ERC value range for the one and a half inch (1.5 ") water meter was erroneously omitted because of a scrivener's error in Resolution No. 2003 -300; and WHEREAS, multi - family, duplex, mobile home and travel trailer/R.V. (TTRV) units are not always master metered and single family units are not always individually metered; and WHEREAS, the above recommended change in format does not change any size categories for units previously adopted by the Board of County Commissioners (on September 10, 2003); and WHEREAS, Appendix A, attached hereto, contains a table relating each unit with its appropriate ERC value and re- stating the current water and wastewater impact fee per ERC; and 17C 1,41 WHEREAS, staff recommends that the Board adopt this Resolution and the revised Schedule Two of Appendix A, attached, to implement this recommended change in format to provide clarity and consistency in the assessment of water and wastewater impact fees, and to correct the omission of the ERC value range for the one and a half inch (1.5 ") water meter, and to repeal Resolution No. 2003 -93 and Resolution No. 2003 -300. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby declares, after advertised public hearing, that the Water and Sewer Impact Fee Schedule format set forth in the revised Schedule Two of Appendix A of Ordinance No. 2001 -13, as amended, the Collier County Consolidated Impact Fee Ordinance, the same also being Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances, and incorporated herein as Exhibit "A" and made a part hereof, is fair and reasonable and is hereby adopted, and is to be assessed to all customers who receive or will receive benefits from increased water facilities capacity, increased sewer public facilities capacity, or from both, provided the respective increased capacity is necessitated by increased population and related growth driven development. BE IT FURTHER RESOLVED this change in format will take effect as of 8.00 A.M on April 14, 2004. This Resolution is adopted after motion; seconded and majority vote favoring adoption this day , 2004. ATTEST: Dwight E. Brock, Clerk Deputy Clerk Approved as to form And legal sufficiency: Thomas" C. pal er, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Ln- Donna Fiala, Chairman APPENDIX A 17C 14 SCHEDULE TWO: WATER & SEWER SYSTEM IMPACT FEE RATE SCHEDULE EFFECTIVE DATE: SEPTEMBER 10, 2003 RESIDENTIAL LIVING BASIS OF FEE METER ERC WATER SEWER SPACE ALLOCATION SIZE IMPACT IMPACT (Sq. Ft.) FEE FEE SlNGL�L1 Pe ..unit 4.0 42.570.00 - --------------- *-2,9-50.4)0 4 B"waoms) 1 $450 -.00 Meter size", --- Per :14- Ba -,w-Y-Size — ---- I Nloie 0)an Per U it - ------ - Ord inatic-e- -- --------ML MUL-T I-FAMlI,-Y---44o-7-54-----P - - -wit t --- --- _ Per 860.0 980,00 DlJP_LEX____ - Sq. lit. M-0114-1,F'44 n -T------ Per Unit -of-Spac-e 4RAV'L-L-- Per Urtit paee R. V 4- T- R - V-) MU'LTI-F.,kl\414AL - -:75-1--to-l;5(W - - - -Pef- -t44t- - - - -........... - - - - -- Per . ...... . . - -- - - --------- -- $1,7- W, 00--, -$1 970.44-0 DUPLI-_�X -__ - - ------------- --- - - - ------- --------------- - - Ilef Urrit - - -- - - - - ............- - -Or4imanee- NU.)R[Ll-,7 H-ONlh- Per.-Unit-or-Space . . .. ......... . ......... 42-,-g--_,�O, 00 I i.5.4.er More tine........_._...... .. .... Per-th-lit .......... . . . ... . ............ .. . . . �Per Per . . .. . ........ . ................... 1_0 ----- - ----- - ---- . ....... . .. . ..... DU444LX- — Sq Ft. Per 1-jilit %4 0 B 1 I_ r` -M 151 Pef-L-44 or Space MA'sklm mi ra%g I &I rd PAMWE"P� fm 4----- — ------- 4-.4----4k)---2-.-5—- $ 2.827.00 4)---S----(, 25.00 2.6 -44 ),- 7.9 to $ 20,303,00 3 8.0 tee 54.9 4444,350.00 to . .......... .......... . . . ..... -- - --_----------------- - - - ----- -------- ........ ..... . ..... . ........... . ... . ..... .......... . .......... ........... sl? -45z _004 to . .... S 94-9-.801-00 ............ .............. ...................... . ....... .. ........ . ........ ......... .................. . 3-58-.0 _to 604.-G f�- &11; 542;000,00 N-ON RESIDENTIAL (SE 3AL"ER) 4A4VACT-F-E_F_ 1 EAR C-$2,9 ao .......... ................ .... . ... ........ .. . . .. - ............. . .. . --- - ----- --- - --s-E-W-ER - FRC . ..... -- -- ... ......... . . ........... . ___._ ... . ........... .......... .... ............ .. . .... .. . ........ ........ . .. RA • 1(J-E ... .......... . . . . . .. . .............. .. . .. . ........... . .. 1 M-PAG-f FEE -RA 4%,rGE APPENDIX A 17C '14 SCHEDULE TWO - EFFECTIVE WATER & SEWER SYSTEM IMPACT FEE RATE SCHEDULE RESIDENTIAL MASTER METERED LIVING SPACE BASIS OF FEE RESIDENTIAL INDIVIDUALLY METERED ERC WATER LIVING SPACE BASIS OF FEE METER SIZE ERC WATER SEWER (SQ.FT.) ALLOCATION (EquivQ1 Connection) Residential Conn IMPACT FEE IMPACT FEE 0 TO 4,999 $860 $980 751 TO 1,500 PER UNIT (AND NO MORE THAN 4 PER UNIT 3/4" 1 $2,570 $2,950 BATHROOMS) 1 .................... .... ................... . 2.5 $2,827 ........_ 5,000 OR MORE PER ERC PER (GPM- 24)/20) +1 BASED ON ERC $2,950 (OR MORE THAN 4 BATHROOMS) BATHROOMS) ERC (GPM FROM AWWA M?:) !1 (lnipyuyyt $Zj�O _ $14,750 RESIDENTIAL MASTER METERED LIVING SPACE BASIS OF FEE ERC WATER SEWER (SQ.FT.) ALLOCATION I METER SIZE (Equivalent Lion) ntia( Connection) IMPACT FEE IMPACT FEE 0 TO 750 PER UNIT PER ERC 0.33 ............ $860 $980 751 TO 1,500 PER UNIT PER ERC ......... 0.67 ..... _.................. ......_.............. $1,710 ........... $1,970 1,501 TO 4,999 $2,950 1 .................... .... ................... . 2.5 $2,827 ........_ (A,vD,vo MORE THAN 4 PER UNIT PER ERC 1.0 $2,570 $2,950 BATHROOMS) $12,850 ..............: ... ....... $7,670 $14,750 2 5.1 5,000 OR MORE PER ERC PER ERC (GPM- 24)/20) +1 BASED ON ERC $2,950 (ORMORE THAN 4 BATHROOMS); 54.9 ......... $20,560 (GPMFROMAWWAM22) _ Minimum $2570 - NON - RESIDENTIAL WATER METER SIZE ERC RANGE WATER IMPACT FEE SEWER IMPACT FEE OR CCWSD EQUIVALENT (Round ERCs to the nearest tenth) MIN MAX MIN MAX 75 0 1.0 $2,570 ............. . $2,950 1 l.i 2.5 $2,827 ........_ $6,425 ......._ ... ..... ....... _. ........ ...... $3,245 . ........ ............. .. .. ........... ...._ $7,375 1.5 2.6 ....... 5.0 .... ..... $6,682 ..... $12,850 ..............: ... ....... $7,670 $14,750 2 5.1 7.9 $13,107 ......... $20,303 _..._... .. ._.__ ..... $15,045 . ...... $23,305 3 8.0 54.9 ......... $20,560 $141,093 ....... . ... ......: $23,600 _ $161,955 4 55.0 128.9 $141,350 $331,273 ... $162,250 __.... $380,255 6 129.0 357.9 $331,530 $919,803 $380,550 ............. $1,055,805 8 358.0 600.0 $920,060 $1,542,000 $1,056,100 $1,770,000 17C �,J# March 30, 2004 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Resolution Amending Resolution No. 2001 -13 Dear Georgia: Please advertise the above referenced petition on Friday April 2, 2004 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O./Account #408-210111-648110 17C �11 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, April 13, 2004 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RE- ESTABLISHING AND AMENDING SCHEDULE TWO OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, AS AMENDED, THE SAME BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AUTHORIZING A CHANGE IN FORMAT TO WATER AND WASTEWATER SCHEDULE TWO OF APPENDIX A TO ORDINANCE NUMBER 2001 -13 TO IMPROVE CLARITY AND CONSISTENCY IN THE ASSESSMENT OF RESIDENTIAL WATER AND WASTEWATER IMPACT FEESf ADDING THE CORRECT ERC VALUE RANGE FOR A ONE AND A HALF INCH (1.5 ") WATER METER, PREVIOUSLY OMITTED BY SCRIVENER'S ERROR] REPEALING RESOLUTION NO. 2003 -93 AND RESOLUTION 2003 -3001 PROVIDING AN EFFECTIVE DATE OF APRIL 14, 2004. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK tic 7f By: /s /Ann Jennejohn, Deputy Clerk (SEAL) 17C Ann P. Jennejohn From: postmaster @clerk. col Iier.fi.us Sent: Tuesday, March 30, 2004 3:49 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) LI ATT634909.bct Resolution Amending 2001 -13 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 1 Ann P. Jennejohn From: System Administrator [postmaster @naplesnews.com] Sent: Tuesday, March 30, 2004 3:49 PM To: Ann P. Jennejohn Subject: Delivered: Resolution Amending 2001 -13 LI Resolution Amending 2001 -13 <<Resolution Amending 2001 -13>> Your message To: Georgia (E -mail) Subject: Resolution Amending 2001 -13 Sent: Tue, 30 Mar 2004 15:48:55 -0500 was delivered to the following recipient(s): legals on Tue, 30 Mar 2004 15:49:26 -0500 1 17C Resolution Amending 2001 -13 17 fa Ann P. Jennejohn From: legals [legals @naplesnews.com] Sent: Wednesday, March 31, 2004 10:51 AM To: Ann P. Jennejohn Subject: RE: Resolution Amending 2001 -13 Yes - - - -- Original Message---- - From: Ann P. Jennejohn [ma ilto: Ann .Jennejohn @clerk. col Iier.fl.us] Sent: Wednesday, March 31, 2004 8:09 AM To: legals Subject: RE: Resolution Amending 2001 -13 I almost forgot! Sorry to bother you again, but has the ad been placed? Thank you again, Ann 3/31/2004 - - - -- Original Message---- - From: legals [mailto:legals @naplesnews.com] Sent: Wednesday, March 31, 2004 7:25 AM To: Ann P. Jennejohn Subject: RE: Resolution Amending 2001 -13 Page 1 of 1 This is not Georgia. She has retired. It's Pam, and I'm all alone on legals right now. Any advance notice and consideration you can give us during this "pinch" would be greatly appreciated. Thank you, Pam - - - -- Original Message---- - From: Ann P. Jennejohn [mailto: Ann .Jennejohn @clerk. col Iier.fl.us] Sent: Tuesday, March 30, 2004 3:49 PM To: Georgia (E -mail) Subject: Resolution Amending 2001 -13 Hi Georgia, Please advertise the attached on Friday, April 2, 2004. I apologize for the short notice, but we just received this in our office 20 minutes ago. Thank you, <<Amends 2001- 13.doc>> <<Amends 2001- 13.doc>> Ann 17C NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper 1 time in the issue on April 2nd, 2004 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the sai newspaper. ( Signature of affiant) Sworn to and subscribed before me This 6th day of April 2004 T (Signature of notary public) Harriett Bushong MY COMMISSION # DD234689 EXPIRES July 24, 2007 °ONOFO THRU TROY FAIN INSURANCE, INC NOTE: All persons wish- ing to speak. n anY agenda item must regis ter with fhepCounty Aa- s Non raf the to Item to be addressed. Individual speakers will be limited to Sminutes on any hem• selec- tion of an Individual to speak on behalf of an organization or group is encouraged. ICtialr ga nized by spokesperson for a group or organization may be allotted to min - utes to speak on an Item. persons wishing,`" R3 re- staff a,minlmum of sev- en days" prior to the public hearing All ma- terial used in presenta- wIli�bsoo ne a perma nent part of the record. Any' person who decld Gfeppasal a decision B9ooaarrad will need a the Ingsr pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record Includes the testimony and evi- dence upon which the appeal is based. BOARD OF COUNTY' COMMISISONERS COL LtER COUNTY, FLORIDA DONNA FIALA, CHAIR- MAN WIfiHT E. BROCK, CLERK Deput /ysClerkk Jennelohn, S!E J1J No. 5657M 17C RESOLUTION NO. 2004- 10 2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RE- ESTABLISHING AND AMENDING SCHEDULE TWO OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, AS AMENDED, THE SAME BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AUTHORIZING A CHANGE IN FORMAT TO WATER AND WASTEWATER SCHEDULE TWO OF APPENDIX A TO ORDINANCE NUMBER 2001 -13 TO IMPROVE CLARITY AND CONSISTENCY IN THE ASSESSMENT OF RESIDENTIAL WATER AND WASTEWATER IMPACT FEES; ADDING THE CORRECT ERC VALUE RANGE FOR A ONE AND A HALF INCH (1.5 ") WATER METER, PREVIOUSLY OMITTED BY SCRIVENER'S ERROR; REPEALING RESOLUTION NO. 2003 -93 AND RESOLUTION NO. 2003 -300; PROVIDING AN EFFECTIVE DATE OF APRIL 14, 2004. WHEREAS, on September 10, 2003, the Board of County Commissioners adopted Resolution No. 2003 -300, thereby amending Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances as amended, the same being the Collier County Consolidated Impact Fee Ordinance, and thereby also authorizing a change in methodology for the assessment of non - residential water and wastewater impact fees based on equivalent residential connections (ERC), with an effective date of September 10, 2003; and WHEREAS, on February 25, 2003, the Board of County Commissioners adopted Resolution No. 2003 -93, thereby amending Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances as amended, the same being the Collier County Consolidated Impact Fee Ordinance, and thereby decreasing the water impact fee rate from $2,690 per equivalent residential connection (ERC) to $2,570 per ERC (a decrease of 4.5 percent); and also increasing the sewer impact fee rate from $2,840 per ERC to $2,950 per ERC (an increase of 3.9 percent) for all customer classes; the proposed rates specified in revised Schedule Two of Appendix A; providing a delayed effective date of April 1, 2003; and WHEREAS, water and wastewater impact fees are based on equivalent residential connections ( "ERCs "). In Collier County an ERC is equal to 350 gallons per day (gpd) for water and is 250 gpd for wastewater; and WHEREAS, this recommended change in format does not change any water or wastewater impact fee per ERC adopted by the Board of County Commissioners on September 10, 2003, and is still within the parameters for impact fee determination established by Florida case law; and WHEREAS, the ERC value range for the one and a half inch (1.5 ") water meter was erroneously omitted because of a scrivener's error in Resolution No. 2003 -300; and WHEREAS, multi- family, duplex, mobile home and travel trailer /R.V. (TTRV) units are not always master metered and single family units are not always individually metered; and WHEREAS, the above recommended change in format does not change any size categories for units previously adopted by the Board of County Commissioners (on September 10, 2003); and WHEREAS, Appendix A, attached hereto, contains a table relating each unit with its appropriate ERC value and re- stating the current water and wastewater impact fee per ERC; and WHEREAS, staff recommends that the Board adopt this Resolution and the revised Schedule Two of Appendix A, attached, to implement this recommended change in format to provide clarity and consistency in the assessment of water and wastewater impact fees, and to correct the omission of the ERC value range for the one and a half inch (1.5 ") water meter, and to repeal Resolution No. 2003 -93 and Resolution No. 2003 -300. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby declares, after advertised public hearing, that the Water and Sewer Impact Fee Schedule format set forth in the revised Schedule Two of Appendix A of Ordinance No. 2001 -13, as amended, the Collier County Consolidated Impact Fee Ordinance, the same also being Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances, and incorporated herein as Exhibit "A" and made a part hereof, is fair and reasonable and is hereby adopted, and is to be assessed to all customers who receive or will receive benefits from increased water facilities capacity, increased sewer public facilities capacity, or from 17 C both, provided the respective increased capacity is necessitated by increased population and related growth driven development. Resolutions No. 2003 -93 and No. 2003 -300 are hereby repealed. BE IT FURTHER RESOLVED this change in format will take effect as of 8.00 A.M on April 14, 2004. This Resolution is adopted after motion; seconded and majority vote favoring adoption this day , 2004. ATTEST: DwightiE. Brock, Clerk Deputy 1 At est as sti s signsturt only Approved as to form And legal sufficiency: Thom s C. Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Don a Fiala, Chairman Item # Agenda Date Data Recd Deputy "Ief KK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Don a Fiala, Chairman APPENDIX A SCHEDULE TWO: WATER & SEWER SYSTEM IMPACT FEE EFFECTIVE DATE: SEPTEMBER 10, 2003 RESIDENTIAL LIVING BASIS OF FEE METER ERC SPACE ALLOCATION SIZE (Sq. Ft.) SIN6LE to , u afll;-okjF 17 cr RATESCHEDULE WATER SEWER IMPACT IMPACT FEE FEE r iN'RT T - -Sq te 750 121 Per- ITn _ 4.9 E R r' RV4 mu 4-,-5()8 - Per. 61t1t Pei 67 SI,��A.618 ----9i -0.00 pF-LE. X, q. Ft Per- Unit 0fdinanee m—GBII Per- Unit or- Spaee t��'PT T1i Sq. Ft Per Emit n rd flan Ee 1 ,_ _ 4.9 23,305.00 - APPENDIX A 7 C SCHEDULE TWO - EFFECTIVE WATER & SEWER SYSTEM IMPACT FEE RATE SCHEDULE RESIDENTIAL INDIVIDUALLY METERED LIVING SPACE BASIS OF FEE ERC METER SIZE (Equivalent WATER SEWER IMPACT FEE IMPACT FEE (SQ.FT.) ALLOCATION Residential Connection) 0 TO 4,999 PER UNIT 3/4" 1 $2,570 $2,950 (AND NO MORE THAN 4 BATHROOMS) 1'. ........ . ..._.... ..... .._.......__.._.. _........_ .....................__..............._............_...........__......_._.._._.... _....._......._._ _...._.._.__........._...._.... _................._ ._._.._.--- -- --- ............... .. ........... - ......... 5,000 OR MORE PER ERC PER (GPM- 24)/20) +1 ERC (GPM FROM AWWA M._» ) BASED ON ERC Minimum $2570 $2,950 (OR MORE THAN 4 BATHROOMS) RESIDENTIAL MASTER METERED LIVING SPACE BASIS OF FEE ERC METER SIZE (Equivalent Residential WATER SEWER IMPACT FEE IMPACT FEE (SQ.FT.) ALLOCATION Connection) 0 TO 750 PER UNIT PER ERC 0.33 ..._.._.._ ....._._.....'....._......_...__ $860 . ................._................. _._._...... .._....._.... _....._._.....__.........- $980 - -- .._........... .. .................. 751 TO 1,500 PER UNIT PER ERC 0.67 -_ ._.-._ ....... _......_ ... .... . _.............____.._..._....._ _- j'.... $1,710 _.._._........_._....._._...._...... .._.....__...__...._........... __ ._....._._. $1,970 ......_....__- ._- ._...._.....__ ............._.}.._......._....._..._...._..._._.............._......_........_._..................._._...._. 1,501 TO 4,999 PER UNIT ...._......-- _•_ -------- - '___ PER ERC 1.0 $2,570 1 $2,950 (AND NO MORE THAN 4 BATHROOMS) ._ ...... ...... _........._.................... i :.......... --'-'-'_---.._.._ ... _._...._........_....._.... .......... .......... ..... ........._................................... .................._..... t.....__....._._-..._..._.... __...._............_...._.._... ............ _ ._....._....- ----- -- .........._ ................................................. 5,000 OR MORE PER ERC PER ERC (GPM- 24)120) +] (GPMFROMAWWAM21) BASED ON ERC Minimum f /570 $2,950 (OR MORE THAN 4 BATHROOMS) i ; NON - RESIDENTIAL WATER METER WATER IMPACT FEE SEWER IMPACT FEE SIZE ERC RANGE MIN MAX MIN MAX OR CCFVSD EQUIVALENT (Round ERCs to the nearest tenth) .75 0 1.0 1 $2,570 $2,950 ....... _ .... ..._ _.. _...... _ ......... _ ...... _... - ----- _.-._.._ ._._. -- ------ ...._._.._...__ - - -- 1 1.1 2.5 { $2,827 $6,425 _._._ ................ _--._....._._ $3,245 ._......_.............._.�___.. __._._........_. __.._.._._._._....__.... $7,375 - _..._._....._ _.. ........ __ ......................... 1.5 -- .......... .... .__;...._-._.__.................;......... 2.6 5.0 .... ... _.._....__........_._._. . - -- ......__....._- $6,682 $12,850 ._._....._._..._- ._....._.....' _.... _......._.._........._....._... $7,670 -- ........_ .......... ...........-- ._...._......... $14,750 -- - --.._ ........... .............. ........................................... ..._...._...._........_._._..._._......-_-...._...._......_----._......._...,..__...._......._._.....__...._..........._._.._._...__........._.__..,..._.. 2 5.1 7.9 $13,107 $20 303 .._._...__...................._ '. $15,045 .., $23,305 .__ ....... ........... _. ............._...._.-......._._.._...._..._.....-....._..._........_.._...._........_......_.._..__.............._..... 3 8.0 54.9 ..._......_....._._....._._.... - ...........__......._..._._......_.......... $20,560 $141,093 ...._.._..._..__._.._._._ ....._.............._....__..._ $23,600 _ .._._._.._.__......._..._... - ._...._....._........_... $161,955 _...._ ............... _ ...... - ....... _ ........ _ ........ _ ....... _....._......_._._._.....__..__._.._....__ 4 ...._.__..._.._._....._..._.... 55.0 128.9 _._.._._.__..._...._.._...._. ....._...._.._......._......... -..._ $141,350 $331,273 $162,250 $380,255 ...... . ...... ....... _ ... ...... _ .............. _ ..... _ .... _..._ ..... .. 6 _......_..._............._._.;........_._...._....... ....._.__.._..;._........_. 129.0 357.9 -... ....._....._...._._....._.... _ $331,530 $919,803 $380,550 $1,055,805 ..._...._._...._ .................._.................._._....,...._...._..._.._. .__......._...--- .._....:...... ---....._....._._._..:.............._.............._....._._....._...... _........_._ ... _._.._..... _........_.._... _..... _ ..... ........ ....... ... ............. �... ....,..... - .._........_._...._.._._...._. _...._..........._._....._..... _ .............._.._ ....__...---- ...._.._._.._...._ 8 358.0 600.0 $920,060 $1,542,000 $1,056,100 $1,770,000