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Agenda 02/11/2014 Item #16D 7 2/11/2014 16.D.7. EXECUTIVE SUMMARY Recommendation to approve a substantial amendment to the Community Development Block Grant FY2013-2014 Action Plan and a Subrecipient Agreement in the amount of $385,000 with Collier County Housing Authority for an electrical rewiring project at Farm Worker Village in Immokalee. OBJECTIVE: Implement the HUD Action Plan to expend the County's entitlement allocation. CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program funds locally-defined needs for programming and infrastructure. Collier County's CDBG FY2013-2014 Action Plan was approved at the August 13, 2013 In Absentia meeting and ratified at the regular Board of County Commissioners meeting of September 10, 2013. Included in the Plan is an electrical rewiring project to be completed by the Collier County Housing Authority (CCHA) at Farm Worker Village in Immokalee. Collier County did not fund the Subrecipient's entire request for this project. As such, the FY2013-2014 Action Plan will be amended to reflect that 71 units will be rewired, instead of 150 as initially proposed, a number achievable with the amount of funding awarded. Staff has prepared a subrecipient agreement with the Collier County Housing Authority to fund the rewiring of 71 units for$385,000. HUD regulations and the Five Year HUD Consolidated Plan require citizen participation whenever a substantial plan amendment is proposed. The required notice was published in the Naples Daily News on January 9, 2014. The advertisement identified a 30-day public comment period from January 9, 2014 to February 9, 2014. No comments regarding the substantial amendment were received. Staff has completed a compatibility analysis for the attached subrecipient agreement among the following: the Consolidated Plan, the Subrecipient's grant application and amendment, the FY2013-2014 Action Plan and amendments, the Priority Needs Category, and the Subrecipient's scope of work for the development of the subrecipient agreement. Staff confirms that the project is consistent with these documents. Board approval of the subrecipient agreement confirms the basis upon which payment is to be made; this may only change after subsequent Board-approved substantial plan amendments and/or contract amendments, if needed. CCHA has returned awarded grant funds to the County for projects that could not move forward within the last year. All funds have been or are in the process of being re-awarded and all returns have been recognized on BCC agendas. Staff considers the Housing Authority a seasoned and well-prepared community partner, notwithstanding the recent events. In order to avoid after- award return of funds on this project, staff has enlisted HUD technical assistance to work closely with CCHA leadership to aid their focus on timely and compliant project completion. HHVS is also providing an increased level of technical assistance on this project. Because of this additional effort and level of support, and a sound project plan, staff recommends entering into the subrecipient agreement with CCHA, per the BCC-approved Action Plan. Packet Page-516- 2/11/2014 16.D.7. FISCAL IMPACT: This action has no fiscal impact on general fund dollars. Funds for this project are available within the Housing Grant Fund (705). Project funding for the subrecipient agreement is outlined below: Subrecipient Funding Source Funding Year Funding Amount Collier County Housing Housing FY2013-2014 $385,000 Authority Fund: CDBG Project: 33289 LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval. —JAB GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact by this action. RECOMMENDATION: That the Board of County Commissioners approves a substantial amendment to the CDBG FY2013-2014 Action Plan and approves and authorizes the Chairman to sign a subrecipient agreement with CCHA in the amount of$385,000 for an electrical rewiring project at Farm Worker Village in Immokalee. Prepared By: Elly Soto McKuen, Operations Analyst; Housing,Human and Veteran Services Packet Page-517- 2/11/2014 16.D.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.7. Item Summary: Recommendation to approve a substantial amendment to the Community Development Block Grant FY2013-2014 Action Plan and a Subrecipient Agreement in the amount of$385,000 with Collier County Housing Authority for an electrical rewiring project at Farm Worker Village in Immokalee. Meeting Date: 2/11/2014 Prepared By Name: McKuenElly Title: Grant Support Specialist,Housing, Human &Veteran 1/27/2014 8:46:29 AM Submitted by Title: Grant Support Specialist,Housing, Human &Veteran Name: McKuenElly 1/27/2014 8:46:31 AM Approved By Name: MesaNancy Title: Accountant,Housing,Human&Veteran Services Date: 1/27/2014 1:29:18 PM Name: TownsendAmanda Title: Director-Domestic Animal Services,Domestic Anima Date: 1/29/2014 11:59:43 AM Name: GrantKimberley Title: Interim Director Date: 1/29/2014 11:59:53 AM Name: SonntagKristi Date: 1/29/2014 12:11:11 PM Packet Page-518- 2/11/2014 16.D.7. Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 1/30/2014 8:49:12 AM Name: Bendisa Marku Title: Operations Analyst,Wastewater Date: 1/30/2014 9:21:47 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 1/30/2014 4:04:36 PM Name: CarnellSteve Title: Administrator-Public Services,Public Services Division Date: 1/30/2014 5:07:29 PM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 1/31/2014 8:53:28 AM Name: KlatzkowJeff Title: County Attorney, Date: 1/31/2014 1:30:32 PM Name: FinnEd Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 2/3/2014 10:04:16 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior, Grants Management Office Date: 2/4/2014 9:25:17 AM Name: KlatzkowJeff Title: County Attorney, Date: 2/4/2014 11:15:58 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 2/4/2014 11:37:28 AM Packet Page-519- 2/11/2014 16.D.7. THE CDBG SUBSTANTIAL AMENDMENT TO THE FY2013-2014 HUD ACTION PLAN AMENDMENTS TO COLLIER COUNTY HOUSING AUTHORITY- ELECTRICAL REWIRING Jurisdiction(s): Collier County,Naples CDBG Contact Person: Elly Soto McKuen Lead Agency: Collier County Address: 3339 E. Tamiami Trail, Suite 211, Jurisdiction Web Address:www.colliergov.net Naples,FL 34112 (URL where CDBG Substantial Amendment Telephone: (239) 252-2664 materials are posted) Fax: (239)252-2664 Email: el lvmckuenacolliergov.net The FY2013-2014 HUD Action Plan, approved by the Board of County Commissioners(BCC)on August 13,2013 at an absentia meeting and ratified on September 10, 2013 meeting is hereby amended as follows: Words Struck Through are deleted; Words Underlined are added: * * * AMEND PROJECT INFORMATION SHEET(Page 43): Project#CDBG13-06—Collier County Housing Authority Description: Fund design, installation, inspection, environmental review and permits for electrical rewiring and replacement for Section A at Farm Workers Village. Project Level Accomplishments: 150 unit,71 units Proposed Outcome: Public Facilities Matrix Code: 14C Public Housing Modernization 570.202 Proposed Amt: $385,000 *** 1 Packet Page-520- 2/11/2014 16.D.7. Grant#- B-13-UC-12-0016 CFDA/CSFA#- 14.218 Subrecipient—Collier County Housing Authority,Inc. DUNS#- 040977514 ID1S#-460 FETI#-59-1490555 FY End 09/30 Monitoring Deadline 02/2019 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HOUSING AUTHORITY,INC. THIS AGREEMENT is made and entered into this day of 2014, by and between Collier County, a political subdivision of the State of Florida. ("COUNTY" or -Grantee-) having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "Collier County Housing Authority, Inc. a special independent district of the State of Florida. created in accordance with Florida Statute Section 421.27 et seq.. having its principal office at 1800 Farmworkers Way, Immokalee, Florida 34142 and with offices at 5251 Golden Gate Parkway, Naples,FL 34116. WHEREAS. the COUNTY is the recipient of CDBG funds from the United States Department of Housing and Urban Development (HUD) as provided by the Cranston-Gonzalez National Affordable Housing Act, as amended; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One-Year Action Plan for Federal Fiscal Year the FY2013-2014 HUD Annual Action Plan at the August 13, 2013 absentia meeting. ratified at the September 10. 2013 Board of County Commissioners meeting; and WHEREAS, HUD has approved the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans. the County advertised on July 14. 2013 with a 30-day citizen comment period from July 14 , 2013 through August 14 . 2013; and WHEREAS, on February 11, 2014 the COUNTY approved a substantial amendment to the FY2013-2014 Annual Action Plan providing CDBG funds in the amount of$385,000 to the Collier County Housing Authority, Inc. for the Electrical Rewiring and Replacement project located in Immokalee, Florida: NOW, THEREFORE. in consideration of the mutual covenants and obligations contained herein, it is agreed by the Parties as follows: Collier Counts Housing Authority. Inc. Electrical Replacement CDBG(CD 3-O Page 1 of 33 Packet Page-521- 2/11/2014 16.D.7. 1. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG funds. as determined by Collier County Housing. Human and Veteran Services (11HVS), perform the tasks necessary to conduct the program as follows: The FY2013-2014 Action Plan identified and approved the project to the Collier County Housing Authority as follows: Project Component One: Funding costs will include but not limited to the following expenses: Design, installation. inspection, permits for electrical rewiring, removal and replacement in up to 71 units in Section A at Farm Workers Village in Immokalee. FL Project Component Two: Funding costs will include but not limited to the following expenses: Environmental Review. Items identified for funding are outlined in the budget in Section III. Al] activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency. as defined in 24 CFR 570.2(18 National Objectives • CDBG recipients are responsible for assuring that each eligible activity meets one of three national objectives (§ 570.208): 1. Low Mod Income benefit 2. Elimination of Slum and Blight 3. Urgent Need Activities in LMI neighborhoods may qualify under the criterion for the LMI area benefit National Objective if they provide a service to that neighborhood; or Activities benefiting severely deteriorated areas may qualify under the Slums/Blight Area National Objective if the area meets the CDBG requirements. H. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the Ilth day of February, 2014 and end on the 30h day of September, 2014. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. The project timeline identified in Exhibit "D" of this agreement has been developed jointly with the SUBRECIPIENT and has been approved by all parties. The SUBRECIPIENT is expected to adhere to the target dates. A deviation of up to 10% of the number of days for any tasks is considered Collier County Housing Authority. Inc. Electrical Replacement CHRG(CD 13-06) Page 2 of 33 Packet Page-522- 2/11/2014 16.D.7. normal fluctuation for the project schedule. Any deviation in excess of this by the SUBRECIPIENT may result in termination of the agreement with no further obligation on the part of the COUNTY to make payments for completed or in-progress work. The project timeline may be amended only by written approval by the COUNTY. following a written request with explanation from the SUBRECIPIENT. and such approval must be made in advance of any related missed target date. III. AGREEMENT AMOUNT The COUNTY agrees to make available THREE HUNDRED AND EIGHTY-FIVE THOUSAND DOLLARS (5385,000) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the -Funds-), The budget identified for the Electrical Replacement Project shall be as follows: Line Item Description CDBG Funds Project Component One: Funding costs will include but not 5378.000 I limited to the following expenses: Design, installation. I inspection, permits for electrical rewirina, removal and replacement in up to 71 units in Section A at Farm Workers Village in Immokalee. FL Project Component Two: Funding costs will include but not 57,000 limited to the following expenses: Environmental Review/Assessment. Total Project Component Expenses 5385,000 Modifications to the "Budget and Scope" may only he made if approved in advance. Budgeted fund shifts between project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10%of project component shall only be made with board approval. All services specified in Section 1. Scope of Services shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HI-IVS. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for Collier County Housing Authority. Inc Electrical Replacement C'DIAG(CD 13-06) Page 3 of 33 Packet Page-523- re1/4 2/11/2014 16.D.7. allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not vet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPTENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70. Florida Statutes. otherwise known as the-Local Government Prompt Payment Act." The following table details the project deliverables and payment schedule: PAYMENT DELIVERABLES - Deliverable Payment-Supporting Documents Submission Schedule Project Component One: Funding costs Upon invoicing will reimburse Submission of monthly will include but not limited to the allowable expenses on AIA G702-1992 invoices: Exhibit B following expenses: Desian, installation, form or equivalent document per inspection, permits for electrical contractor's schedule of values. rewirine,, removal and replacement in up Supporting documents must be to 71 units in Section A at Farm Workers provided as back up. Village in Immokalee. FL Final 10% ($38.500) released upon documentation of completion of activities and will occur with each invoice Project Component Two: Funding costs ERR document(s), invoice, canceled Upon completion and will include but not limited to the check and any additional documents approval submission of following expenses: as needed utilizing Exhibit B invoice Environmental Review/Assessment PROGRAM DELIVERABLES Deliverable Program-Deliverable Supporting Submission Schedule Documents Quarterly Reports Exhibit D Quarterly Proof of Insurance Insurance Certificate Annually within 30 days of renewal Affirmative Action Plan Plan Documents Within 60 days of executed agreement and updates submitted annually Annual Audit Audit Report with Management 3/30 annually for 5 years Letter and Exhibit F Fair Housing Plan Plan Documents Within 60 days of executed agreement and Collier Count) Housing Authorit),Inc. Electrical Replacement CDBG(CD 13-06) Page 4 of 33 Packet Page-524- 2/11/2014 16.D.7. updates submitted annually Program Income Reuse Plan Annually for 5 years IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid). commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and oilier written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Rosa Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 mai Ito:RosaMunozgColliergov.net 239-252-5713 SUBRECIPIENT ATTENTION: Esmeralda Serrata. Executive Director Collier County Community Housing Authority, Inc. 1800 Farmworker Way Immokalee, FL 34142 eserrata(a)cchafl.ora (239) 657-3649 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must he implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event. the COUNTY may terminate this Agreement. which termination shall he effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY. nor any individual member of the County Commissioners and /or County Administration. personally liable for the performance of this Agreement. and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. VI. GENERAL CONDITIONS A. SUBCONTRACTS No part of this Agreement may he assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the couNry-s sole discretion and judgment. Collier County Housing Authority. Inc. Electrical Replacement CDI3G(CD 13-06) Page 5 of 33 Packet Page-525- 2/11/2014 16.D.7. B. GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations. Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations. except that (1 ) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The SUBRECIP1ENT also agrees to comply with all other applicable Federal. state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. C. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation. FICA. retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. D. AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement. and are executed in writing, signed by a dui) authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to end date of this agreement. The COUNTY may. in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period. the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of the Agreement. Collier County flousine Authority. Inc. 1.1ectrical Replacement CMG(CD 13-06) Page 6 of 33 Packet Page-526- 2/11/2014 16.D.7. E. INDEMNIFICATION To the maximum extent permitted by Florida law. the SUBRECIPIENT shall indemnify and hold harmless Collier County. its officers, agents and employees from any and all claims, liabilities, damages. losses, costs, and causes of action which may arise out of an act,omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees. or any persons acting under the direction. control. or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. F. GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program. research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING,HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. G. DEFAULTS. REMEDIES AND TERMINATION in accordance with 24 CFR 85.43. this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT. in whole or in part. by setting forth the reasons for such termination, the effective date. and. in the case of partial terminations, the portion to be terminated. However_ if in the case of a partial termination. the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. (A) The following actions or inactions by SUBRECIPTFNT shall constitute a Default under this Agreement Collier Count> Housing Anthem>,Inc Electrical Replacement CDBG(CD 13-06) Page 7 of 33 Packet Page-527- 2/11/2014 16.D.7. 1. Failure to comply with any of the rules, regulations or provisions referred to herein. or such statutes, regulations. executive orders, and HUD guidelines, policies or directives as may become applicable at any time: 2. Failure, for any reason. of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement: 3. Ineffective or improper use of funds provided under this Agreement: or 4. Submission by the SUBRECIPIENT to the Grantee reports that arc incorrect or incomplete in any material respect. 5. Submission by the SUBRECIPIENT of any false certification: 6. Failure to materially comply with any terms of this Agreement: and 7. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. (B) In the event of any default by SUBRECIPIENT under this Agreement. the County may seek any combination of one or more of the following.remedies: 1. Require specific performance of the Agreement, in whole or in part: 2. Require the use of or change in professional management; 3. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this Agreement: 4. Apply sanctions set forth in 24 CFR. if determined by the County to be applicable; 5. Stop all payments until identified deficiencies are corrected; 6. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein. SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. Collier Count;. Housing Authority. Inc. Electrical Replacement CMG(CD 13-06) Page 8 of 33 Packet Page -528- 2/11/2014 16.D.7. VII. REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENrs obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT. subject to the conditions outlined in 24 CFR 8434. Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35. VIII. INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A- has been obtained, and carried, at all times during its performance. IX. ADMINISTRATIVE REQUIREMENTS A. EXAMINATION OF RECORDS The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 84.53(b), as modified by 24 CFR 570.502(b)(3)(ix) (A) and (B), and 570.506 to determine compliance with the requirements of this Agreement. the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to. the following: B. DOCUMENTATION AND RECORDKEEPING 1. All records required by CDBG. 2. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. 3. All reports,plans. surveys, information, documents,maps, books,records and other data procedures developed, prepared. assembled. or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or 1-IHVS. Materials Collier County Housing Authority, Inc Electrical Replacement CDBG(CD I3-06) Page 9 of 33 Packet Page-529- 2/11/2014 16.D.7. identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement. including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs. direct and indirect labor. materials, equipment. supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. 4. Upon completion of all work contemplated under this Agreement copies of all documents and records relatinu to this Agreement shall be surrendered to HI-IN'S if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for four (4) years after the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520 with the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept. as outlined in 24 CFR 85.42. Meet all requirements for retaining public records and transfer, at no cost. to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis.. Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 6. The SUBRECIPIENT will he responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that HHVS shall he the final arbiter on the SUBRECIPlENT's compliance. 7. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received. have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209. income certification. and written Agreements with beneficiaries, where applicable. Collier Count■ Housing Autitorit),Inc Electrical Replacement CDBG(CD 13-061 Page I 0 of 33 Packet Page-530- 2/11/2014 16.D.7. 8. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including. but not limited to. performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D". Exhibit "D- contains an example reporting form to he used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. During the term. SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS. submit information and status reports required by 111-IVS or HUD to enable I-IHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HI-TVS or HUD. D. ADDITIONAL HOUSING. HUMAN AND VETERAN SERVICES. COUNTY. AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. Collier Counts llousing Authority.Inc Electrical Replacement CDBG(CD 13-06) Page 11 of 33 (6-t Packet Page-531- , 2/11/2014 16.D.7. E. 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 thresholds of Collier Count) Purchasing Policy. Purchasing Threshold Policy Dollar Range (5) Quotes Under 53K 1 Written Quote 53K to 550K 3 Written Quotes Request for Proposal (RFP) Above 550K Invitation to Bid (ITB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary. the SUBRECIPIENT shall make available all records. documentation and any other data relating to all matters covered by the Agreement for review. inspection or audit. G. PROGRAM-GENERATED INCOME Any "Program Income- (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re-use plan. The COUNTY shall approve the program income re-use plan utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.503(c) in the operation of the Program H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include. but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment. program income balances. and receivable accounts to the COUNTY). and determining the custodianship of records. In addition to the records retention outlined in Section the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance. preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent lam being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the County. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97. Florida Single Audit Act. Collier County!lousing Authorit). Inc Electrical Replacement CDBG(CD 13-06) Page 12 of 33 Packet Page -532- 2/11/2014 16.D.7. X. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race. color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible. lower-income residents of the project areas shall be given opportunities for training and employment: and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRI SES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract. the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act. as amended (15 U.S.C. 632). and "minority and vvomen's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition. -minority group members- are Afro-Americans_ Spanish-speaking. Spanish surnamed or Spanish- heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low-and moderate- income persons. If the project is located in an entitlement city, as defined by HUD. or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined, above for the time period designated in Exhibit "D" of this Agreement. D. AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24. 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval within 30 days of the award of funds. Counts Housing Authorir). Inc. Electrical Replacement CDEIG(CD 13-061 Page 13 of 33 Packet Page Page-533- 2/11/2014 16.D.7. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project. has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having am' conflict of interest shall he employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of interest", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall he disclosed in writing to HHVS provided, however. that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low' and moderate-income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in Valti1142, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity he provided for employment of and participation of low and moderate income residents of the project target area. XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may he used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; and b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion: and c. It will retain its independence from Federal. State and local governments and may continue to carry out its mission. including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing: and d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the Collier County I lousing Authority. Inc. Electrical Replacement CDBG(CD 13-06) Page 14 of 33 Packet Page-534- (7- 2/11/2014 16.D.7. cost of those portions of the acquisition. construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship. however, are ineligible for CDBG funded improvements. XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Collier Count) Housing Mahone). Inc. Electrical Replacement CDR(i(Cl) 13-06) Page 15 of 33 Packet Page-535- 2/11/2014 16.D.7. IN WITNESS WHEREOF. the Subrecipient and the County, have each, respectively, by an authorized person or agent. hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK. CLERK COLLIER COUNTY, FLORIDA By: . Deputy Clerk TOM HENNING, CHAIRMAN Dated: (SEAL) Collier County Housing Authority, Inc. By: Signature Estneralda Serrata. Executive Director Type/print Subrecipient name and title Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney coliicr County Housing Autitorit).loc. Electrical Replacement CDFIG(CD l3-0(i) Page 16 of 33 Packet Page-536- 2/11/2014 16.D.7. EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing. Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112. Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers Compensation as required by Chapter 440, Florida Stairway. 2. Commercial General Liability including products and completed operations insurance in the amount of$1.000.000 per occurrence and $2.000.000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000.000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 - 3 above. a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000.000 per occurrence/$1,000.000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in I - 4 above. the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an -All Risk- basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6, In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001). the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained Collier Count) Housing Authority.Inc. Electrical Replacement CDBG(CD 13-06) Page 17 of 33 Packet Page-537- 2/11/2014 16.D.7. and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440,Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and S2,000.000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less that $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. collier County Housing Authority. Inc. Electrical Replacement CDRG(CD 13-06) Page 18 of 33 Packet Page-538- 2/11/2014 16.D.7. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Collier County Housing Authority. Inc. Sub recipient Address: 1800 Farm Worker Way, Immokalee.FL 34142 Project Name: Electrical Replacement Project No: CD-13-06 Payment Request# Dollar Amount Requested: $ Date Period of Availabil ity: 02/11/2014-09/30/2014 Period for which Agency has incurred indebtedness: through SECTION II: STATUS OF FUNDS I. Grant Amount Awarded S 2. Sum of Past Claims Paid on this Account S 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 S 6. 10%of Retainage Withheld 7, Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) I certify that this request for payment has been dram in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief. all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under$14,999) Dept Director (approval required$15.000 and above) Collier County Housing Authority. Inc. Electrical Replacement CDBG(CD 13-06) Page 19 of 33 Packet Page-539- (7) 2/11/2014 16.D.7. EXHIBIT "C" RELEASE AND AFFIDAVIT FORM CONSTRUCTION ONLY The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed,have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713.02 Part I — Waiver or Release of Liens. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final) Request for Payment. Collier County Housing Authority Witness: BY: BY: ITS: Executive Director DATE: Print name and title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_. by , as of A Choose Not-For-Profit. or Corporation or Municipality on behalf of Choose Not-For-Profit, Corporation or Municipality . He/She is personally known to me OR has produced as identification and who did (did not)take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Collier County Housing Authority.Inc. Electrical Replacement CDHCI(CD 13-06) Page 20 of 33 Packet Page-540- 2/11/2014 16.D.7. EXHIBIT "D" QUARTERLY PROGRESS REPORT, Sub-recipients:Please fill in the following shaded areas of the report A14 Date: Agency Name: IF:.'ireittlitit.00*.fiStiiitii,(AilthotiOnaLgitig.a. ,;‘:: :7's) A4:i2;:::::i- -.:;1;;,. ., , February 2014 Project Title: ',:)g10101fittitt - ..„ Alternate Program Contact: ';.,i,,.'4a....4*ftZ,-tft6kldttqgtk4A.',,,141,n,:!,., Contact: • Telephone Number: f.V.391AAz..m49-uttez4zaa.g! tivuwv-Ag;:;:, r, *REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period): 004130114 007/31/14 -,',.,•.;.1310131/14 0 Please take note: The CDBG/FIONIE/ESG Program year begins October 1.2013-September 30,2014. Each quarterly report needs to include cumulative data beginning from the start of the agreement date of February,2014 Please list your approved application&sub-recipient agreement and indicate your progress,in meeting those 1. goals since October I,.2013. A.Outcome Goals: listthe outcome goals)from your approvedapclIcation_&sub-rebibiehtagreemert„, • Action Number of Anticipated End Date Responsible Days to Party Complete CCHA CONTRACT Contract Drafted Completed December 20,2013 1 Kim Grant HHVS CCHA Contract February 11, 2014 HHVS approved by Collier County BCC Environmental 1 Review ERR scope underway December 20,2013 CCHA ERR Scope completed 13 Days January 3,2014 CCHA and sent to County for Collier County Housing Authority, Inc. - Electrical Replacement CDBG(CD 13-06) Page 21 of 33 Packet Page-541- 2/11/2014 16.D.7. Review ERR Scope Review- 17 Days January 9, 2014 HHVS County ERR cost proposals i 1 day January 10,2014 CCHA solicited l ERR proposals returned 21 days January 31, 2014 CCHA and reviewed by CCHA; selection made I ERR Contract and scope ! 7 days February 7, 2014 HHVS reviewed by County CCHA Contract February 11,2014 HHVS approved by Collier County BCC; NTP issued for ERR ERR Contract Signed by % February 11,2014 CCHA CCHA ERR Work Starts February 12, 2014 CCHA • ERR Work Completed 21 Days March 5, 2014 CCHA by CCHA contractor, given to HHVS ERR 7 days March 12, 2014 HHVS Reviewed/Approved by County; NTP issued for j F Construction Contract } DESIGN and CONSTRUCTION SCOPE Invoice for ERR 30 days of April 12,2014 CCHA approved ERR Scope of Work drafted January 27, 2014 CCHA for consultant for design work Scope reviewed for 2 days } January 29, 2014 HHVS design 3 proposals obtained 9 days February 11,2014 CCHA for design Proposals reviewed and 13 days February 14,2014 CCHA consultant chosen for design NTP issued by HHVS for 2 days } February 18, 2014 HHVS design Consultant Contract 3 days t February 21, 2014 HHVS signed for design Collier County I lousing Authority Inc, Electrical Replacement CDRG(CD l -O61 Page 22 of 33 ��y� Packet Page-542- CY'� 2/11/201416.D.7. Consultant starts work ! February 24,2014 CCHA for design 1 Consultant completes 28 days March 24, 2014 design Design Scope 7 days March 31, 2014 HHVS and GMD completed and reviewed by county Invoice submitted for 30 days April 30, 2014 HHVS and GMD Design phase of project CONSTRUCTION BIDS { Bid Package prepared March 31, 2014 CCHA April 2, 2014 HHVS Bid package approved 2 Days Bids Notice Published April 7, 2014 HHVS Bids Returned and 1 7 Days April 14, 2014 CCHA reviewed, selection made Review/approve 2 days April 16, 2014 HHVS selection j t Contract 2 days April 18, 2014 CCHA signed/awarded Notice to Proceed 0 days F April 18, 2014 CCHA Construction 90 days j July 18,2014 I CCHA's Completion contractor 6.Goal Progress: Indicate the progress to date in meeting each outcome goal Outcome.:1: r.. is this project still in compliance with the original project schedule?If more than 2 months behind schedule,must submit a new timeline 2. for approval. Yes No If no,explain: Collier County Housing Authority_Inc. Electrical Replacement CDBG(CD 13-06) Page 23 of 33 Packet Page-543- 2/11/2014 16.D.7. Since October 1,2013,of the persons assisted,how many.... a. ...now have new access(continuing)to this service or benefit? b. ...now has improved access to this service or benefit? c. ...now receive a service or benefit that is no longer substandard? TOTAL: 0 4. What funding sources are applied for this period program year? Section 108 Loan Guarantee HOPWA Other Consolidated Plan Funds CDBG Other Federal Funds ESG State/Local Funds HOME Total Entitlement $ Total Other Funds Funds - ('oilier County Housing Authority.Inc. Electrical Replacement CDBG(CD 13-06) Page 24 of 33 Packet Page-544- 2/11/2014 16.D.7. EXHIBIT "D" QUARTERLY PROGRESS REI'ORT 5. IWhat is the total number of UNDUPLICATED clients served this quarter,if-applicable? a. Total No.of adult females served: a a &Total No.of females served under 18: b. Total No of adult males served: Total No of males served under 18: 0 TOTAL: 0 TOTAL: 0 c. Total No.of families served. 0 Total No.of female head of household: 0 6. What is the total number of UNDUPLICATED clients served since October,if applicable? a. Total number of adult females served: , ,j 0 "Total number of females served under 18: 0 =` b. Total number of adult males served. 1i Total number of males served under 16; 3 TOTAL: 0 TOTAL: 0 c. Total No of families served: 0 ''Total No.of female head of household: Complete EITHER question#7 OR#8.Complete question#7 If your program only serves clients in one or more of the listed HUI3 Presumed Benefit categories, Complete question#8 If any client in your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND B. 7. 1PRESUMED BENEFICIARY'DATA r 8. OTHER BENEFICIARY DATA INCOME RANGE Indicate the total number of UNDUP!tCATED Indicate the total number of UNDUPLICATED persons persons served since October 1 who fall into served since October 1 who fall into each income each presumed benefit category (the total should equal the total in question#6): category(the total should equal the total in question#6,1: Report as: Report as: Abused Children 0v Extremely low Income(0-30%) Homeless Person D Low Income(31-50%) Battered Spouses D«`=Moderate Income(51-80%) 'Ci; t< `.Persons WI HIV/AIDS 0, ,,Above Moderate Income(>80%) Elderly Persons Veterans z ; Chronically/Mentally ill Physically Disabled Adults -!0 1 Other-Youth TOTAL 0 TOTAL: 0 S. Racial 8`Ethnic Data: 1(if applicable) Please indicate how many UNDUPLICATED clients served since October fall into each race category. in addition to each race category, please indicate how many persons in each race category consider themselves Hispanic (Total Race column should equal the total cell). RACE ETHNICITY White of whom,how many are Hispanic? Black/African American i7 K1", ;of whom,how many are Hispanic? Asian r O , 0,. of whom,how many are Hispanic? American Indiari/Alaska Native`, ,-D : D� of whom,how many are Hispanic? Native Hawaiian/Other Pacific Islander `-,; 0 ,,. O' ;of whom,how many are Hispanic? Amencan Indian/Alaskan Native&White' ` ti 0:';;;of whom,how many are Hispanic? Slack/African American&White '.D : A of whom,how many are Hispanic? Am.Indian/Alaska Native&Black/African Am 0 p r of whom,how many are Hispanic'? Other Multi-racial i�A U ;of whom,how many are Hispanic? Other .p. 0 of whom,how many are Hispanic? TOTAL: 0 0 TOTAL HISPANIC Name: Signature: Your typed name Fiere represents your electronic Title: signature Collier County housing Authority. Inc. Electrical Replacement Cl)B(i(CD l3-06) Page 25 of i3 'w Packet Page-545- ' 2/11/2014 16.D.7. EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Sub recipient Fiscal Year Name Collier County Housing Authority, Inc. Period Total State Financial Assistance Expended during i $ most recently completed Fiscal Year Total Federal Financial Assistance Expended during most $ recently completed Fiscal Year Check Appropriate Boxes l I We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as ❑ indicated above and expect to complete our Circular A-133 audit by . Within 30 days of completion of the A-133 audit, we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A-133 because we: ' 1 I ❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year indicated above ❑ Are a for-profit organization p Are exempt for other reasons —explain An audited financial statement is attached and if applicable, the independent auditor's management letter. (If findings were noted, please enclose a copy of the responses and corrective action plan.) Certification Statement I hereby certify that the above information is true and accurate. Signature Date I E Print Name and Title Collier County Housing Authority, Inc. Electrical Replacement CDRG(CD 13-06) Page 26 of 33 Packet Page -546- 2/11/2014 16.D.7. EXHIBIT "F" LOCAL AND FEDERAL RULES. REGULATIONS AND LAWS I. 24 CFR 570. as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended 4. Title VI of the Civil Rights Act of 1964 as amended. Title VIII of the Civil Rights Act of 1968 as amended. Title VI of the 1984 Civil Rights Act_ 42 USC § 2000d. et. seq 5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972. 42 USC § 2000e. et. seq. The SUBREC1PIENT will, in all solicitations or advertisements , fbr employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. 8. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968. as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968. as amended. and as implemented by the regulations set forth in 24 CFR 135. and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENTs Sub-recipients and subcontractors, their successors and assigns. to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of Collier County I lousirq.,Atallorit.\% Inc. Electrical Replacement CDHCi(Cr) 13-06) Page 27 of 33 Packet Page-547- ( ) 2/11/2014 16.D.7. 1968. as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project he awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located.- The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG- funded project is located: where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazy ds), housing construction. or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located: where feasible, priority should he given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 9. Age Discrimination Act of 1975, Executive Order 11063. and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 10. Contract Work Hours and Safety Standards Act, 40 USC 11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5). 24 CFR 570.614 Subpart K. 12. The Americans with Disabilities Act of 1990 13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. as amended. 14. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. I-IUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c)). 15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. Collier Count) Housing Authority.Inc. Demme! Replacement CDBCi(CD 13-061 Page 28 of 33 Packet Page-548- 2/11/2014 16.D.7. 16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 17. The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws. renulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the IICDA are still applicable. • 18. Public Law 100-430-the Fair Housing Amendments Act of 1988. 19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations and specified by the following subsections: • Subpart A—General: • Subpart B — Pre-Award Requirements, except for 84.12, Forms for Applying for Federal Assistance: • Subpart C—Post-Award Requirements, except for: o Section 84.22. Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENT"s: o Section 84.23. Cost Sharing and Matching; o Section 84.24. Program Income — in lieu of 84.24 CDBG SUBRECIPIENT's shall follow 570.504: o Section 8425. Revision of Budget and Program Plans; o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENT's shall follow 570.505: o Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the following applies: • in all cases in which equipment is sold, the proceeds shall be program income (pro-rated to reflect the extent to which CDBG funds were used to acquire the equipment); and • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.35, Supplies and other Expendable Property; o Section 84.51(b). (c), (d). (fi and (h). Monitoring and Reporting Program Performance: o Section 84.52. Financial Reporting: o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be four years: and 11 The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520. in Collier Count:‘ Housing Authority,inc. Electrical Replacement CDBG(CI) 13-061 Page 29 of 33 Packet Page-549- :;)) 2/11/2014 16.D.7. which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award: o Section 84.61, Termination - in lieu of the provisions of 84.61. CDBG SUBRECIPIENTs shall comply with 570.503(h)(7); and • Subpart D—After-the-Award Requirements—except for 84.71. Closeout Procedures 20. 24 CFR 83 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for subrecipients that are governmental entities. 21. immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III. Florida Statutes, Collier Count.). Ethics Ordinance No. 2004-05. as amended. and County Administrative Procedure 5311. 23. Order of Precedence - in the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement. the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County. Florida. which courts have sole and exclusive jurisdiction on all such matters. 25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of an settlement reached during negotiations to COUNTY for approval. Failing resolution. and prior to the commencement of depositions in any litigation between the panics arising out of this Agreement. the parties shall attempt to resolve the dispute through Mediation before an agreed- upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statitin. The litigation arising out of this Agreement shall he Collier County. Florida, if in state court and the US District Court. 20th Judicial Court of Florida. if in federal court. BY ENTERING INTO THIS AGREEMENT. COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A collier Count) Housing Authority. Inc. Electrical Replacement CDBG(CD 13-06) Page 30 of 33 Packet Page-550- f 2/11/2014 16.D.7. TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF. THIS AGREEMENT. 26. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act. 41 USC 7401. et seq. b. Federal Water Pollution Control Act, 33 USC 125l. el seq.. as amended. 27. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K). the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. 28. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to I-IUD Lead-Based Paint Poisoning Prevention Act found at 24 CFR 570.608. Subpart K. 29. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966. as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties. insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. 30. The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). 31. The SUBRECIPIENT certifies that neither it. nor its principals, is presently debarred. suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction. with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 32. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein. utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments. and Indian Tribes follow: • A-87 for Cost Principles • A-102 for Administrative Requirements Educational Institutions (even ifpart of a State or local government) follow: • A-21 for Cost Principles Collier Couniv Housing Authorit), Inc. Electrical Replacement CD13Ci(CD 13-061 Page 31 of 33 Packet Page-551- 2/11/2014 16.D.7. • A-1 10 for Administrative Requirements Non-Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements 33. Audits shall he conducted annually and shall he submitted to the COUNTY one hundred eighty (] 80) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133, Audits of States, Local Governments, and Non-Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 34. 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 he subject to the provisions of CDBG including. but not limited to. the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of S25.000. must adhere to the CDBG Regulations at 24 CFR 570.505. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4201-4655) • 49 CFR Part 24 • 24 CFR Part 42 (subpart B) • Section 104(d) "Barney Frank Amendment. 35. As provided in § 287.133, Florida Su:rules by entering into this Agreement or performing any work in furtherance hereof. the SUBRECIPIENT certifies that it, its affiliates, suppliers. subcontractors and consultants who will perform hereunder. have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a).Florida Siatures. 36. No Federal appropriated funds have been paid or will be paid, by or on behalf' of the undersined. 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 av,reement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will he paid to any person for influencing or attempting to influence an officer or employee of any agency. a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract. grant. loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification he included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under Collier County Housing Autliorit . Electrical Replacement CDI30(CD 13-06) Page 32 of 33 )i Packet Page-552- 2/11/2014 16.D.7. grants, loans, and cooperative agreements) and that all SUBR.ECIPIENTS shall certify and disclose accordingly. 37. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 38. Any rule or regulation determined to be applicable by HUD. 39. Florida Statutes 713.20, Part 1, Construction Liens. 40. Florida Statutes 119.021 Records Retention. 41. Florida Statutes. 119.071, Contracts and Public Records. Collier County Housing Authority. Inc. Electrical Replacement CDBG(CD 13-06) Page 33 of33 Packet Page-553- iJ