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.
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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
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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
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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
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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
***
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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.
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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.
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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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
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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.
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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)
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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.:
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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
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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
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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:
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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 -
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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)
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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.
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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
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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.
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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
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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
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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
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• 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
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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.
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