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Agenda 05/28/2013 Item #16D 1 5/28/2013 16.D.1 . EXECUTIVE SUMMARY Recommendation to approve modification #2 to Disaster Recovery Enhancement Fund (DREF) Grant Agreement #12DB-P5-09-21-01-K39 between the Florida Department of Economic Opportunity (DEO) and Collier County to approve the termination of a subrecipient agreement, facilitate reprogramming of available funds, approve a new subrecipient agreement and two subrecipient agreement amendments. OBJECTIVE: Allow for an additional Disaster Recovery Enhancement Fund (DREF) project, reallocate project and activity funds in order to fully expend available grant funding. CONSIDERATIONS: On July 26, 2011, agenda item #16D1, the Board of County Commissioners approved the submittal of an application for DREF funding to the Florida Department of Economic Opportunity (DEO). The purpose of the DREF grant is to fund projects that provide disaster relief and long term recovery. Bromelia Place, an original project with this grant cannot move forward due to the fact that the grantee does not have the adequate cash flow needed to support the project on a reimbursement basis. The Board's approval is needed to terminate the subrecipient agreement for the Bromelia project. The funds originally designated for the project will be reallocated as eligible projects are identified. One stormwater project within the City of Naples has been identified and will utilize a portion of the Bromelia project funds. To meet the needs of the community and help expend all awarded grant funds Housing, Human and Veteran Services accepted applications for available disaster recovery funds. Five Applications were received on February 1, 2013. Funding for one of these applications is being facilitated with this grant modification. The grant modification will accommodate funding one new eligible project for the City of Naples. This project will improve the stormwater system serving the George Washington Carver Apartments (GWCA) area. In addition three existing projects will have funds removed, reallocated or work plans updated as shown below. Project Action Current Reallocated New Subrecipien Rationale/Use Grant budget Amount Grant t agreement Budget amount Immokalee Amendment/Grant $2.084,513.91 $0.00 $2,084.513.91 $2,011,955.46 The work plan is being CRA - Modification (work updated to reflect the Stormwater plan) project's actual progress. Term of agreement extended to 3/1/14. CCHA-Farm Amendment/Grant $832.519.00 $0.00 $832.519.00 $732,616.72 $18.000 of multifamily Worker Modification rehabilitation funds will Village be reallocated for architectural professional services,categorized as an engineering activity by the DEO agreement. City Of New $0.00 $59,360.00 $59.360.00 $56,000.00 This hurricane hardening Naples Agreement/Grant project will consist of Stormwater Modification making repairs and GWCA area improvements to the stormwater system servicing the area of the Packet Page -1877- 5/28/2013 16.D.1 . GWCA area. Bromelia Grant Modification $300.000.00 -$59,360.00 $240,640.00 N/A This project has been Place cancelled. As eligible projects become available remaining project funds will be reallocated. Note: The difference between the amounts of the grant funds budgeted for each project and the amount of the corresponding subrecipient agreement is the amount of project delivery funds available To accommodate the grant agreement changes, the DEO provides specific modification forms to be approved by the Board for submittal to the DEO. Once the DEO has provided approval for the modification to the grant agreement, all new and revised associated subrecipient agreements may be executed by the Board chairwoman. FISCAL IMPACT: Due to the termination of a project in the amount of$300,000, DREF grant funds of$59,360 have been reallocated to a new project and result in a zero dollar net change and modification. The remaining $240,640.00 will be reallocated as projects are identified, at which time Board approval will be sought. DREF grant funds are available within the Housing Grants Fund 705, Project 33191. Funds are reallocated within the commitment item and as a result no Budget Amendment is required. GROWTH MANAGEMENT IMPACT: Implementation of DREF will help facilitate efforts to meet the goals, objectives and policies set forth in the Housing Element of the Growth Management Plan. LEGAL CONSIDERATIONS: Once the DEO has provided approval for the modification to the grant agreement, the amendment to the subrecipient agreement may be executed by the Board Chairwoman. This item is approved as to form and legality and requires majority vote for Board approval. -JB RECOMMENDATION: To approve and authorize the Chairwoman to sign a modification to Disaster Recovery Initiative (DRI) grants agreement #12DB-P5-09-21-01-K39 between DEO and Collier County and the associated subrecipient agreements. PREPARED BY: Lisa Oien, Grants Coordinator, Housing, Human and Veteran Services Packet Page-1878- 5/28/2013 16.D.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.1. Item Summary: Recommendation to approve modification #2 to Disaster Recovery Enhancement Fund (DREF) Grant Agreement#12DB-P5-09-21-01-K39 between the Florida Department of Economic Opportunity (DEO) and Collier County to approve the termination of a subrecipient agreement, facilitate reprogramming of available funds, approve a new subrecipient agreement and two subrecipient agreement amendments. Meeting Date: 5/28/2013 Prepared By Name: OienLisa Title: Grants Coordinator,Housing, Human &Veteran Servic 4/3/2013 12:17:58 PM Submitted by Title: Grants Coordinator,Housing, Human&Veteran Servic Name: OienLisa 4/3/2013 12:17:59 PM Approved By Name: LarsenKathleen Date: 4/4/2013 4:37:20 PM Name: GrantKimberley Title: Interim Director,HHVS Date: 4/18/2013 6:30:37 PM Name: MagonGeoffrey Title: Grants Coordinator Date: 5/3/2013 12:05:00 PM Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 5/9/2013 2:09:00 PM Packet Page -1879- 5/28/2013 16.D.1. Name: Joshua Thomas Title: Grants Support Specialist, Date: 5/13/2013 8:18:02 AM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 5/13/2013 10:09:51 AM Name: CarnellSteve Title: Director-Purchasing/General Services,Purchasing Date: 5/14/2013 11:00:21 AM Name: FinnEd Title: Senior Budget Analyst,OMB Date: 5/17/2013 9:46:55 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 5/20/2013 10:19:39 AM Name: KlatzkowJeff Title: County Attorney Date: 5/20/2013 1:45:34 PM Name: OchsLeo Title: County Manager Date: 5/20/2013 6:49:39 PM Packet Page -1880- 5/28/2013 16.D.1. Department of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC-44 Modification to Subgrant Agreement 8/10/2012 MODIFICATION NUMBER 2 TO SUBGRANT AGREEMENT BETWEEN THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND COLLIER COUNTY This Modification is made and entered into by and between the State of Florida, Department of Economic Opportunity, ("the Department"), and Collier County, ("the Recipient"), to modify DEO/DCA Contract Number 12DB-P5-09-21-01-K39, award dated March 7,2012 ("the Agreement"). WHEREAS,the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a subgrant of $3,335,131.91 to Recipient under the Small Cities Community Development Block Grant("CDBG") Program as set forth in the Agreement; WHEREAS,the Department and the Recipient desire to modify the Agreement; WHEREAS, pursuant to the provisions of Chapter 2011-142, Laws of Florida, the DCA Division of Housing and Community Development was transferred to the Department of Economic Opportunity effective October 1, 2011; and the parties wish to reflect the new name. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: n Reinstate Agreement 1. The Agreement is hereby reinstated as though it had not expired. C Extend Agreement 2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of(Type in date, if applicable). ® Revise Activity Work Plan 3. The Attachment I, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment I, Activity Work Plan section, which is attached hereto and incorporated herein by reference. ® Revise Program Budget 4. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. Packet Page -1881- , 5/28/2013 16.D.1. Department of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC-44 Modification to Subgrant Agreement 8/10/2012 Modification Number: 2 DEO/DCA Contract Number: 12DB-P5-09-21-01-K39 Recipient: Collier County Page 2 n Change in Participating Parties 5. The Attachment A, Program Budget section, is hereby modified to delete all references to "(Type in name, if applicable.)," as the Participating Party, and replace them with "(Type in name, if applicable.)" as the Participating Party with the understanding that the Recipient and the new Participating Party will enter into a Participating Party Agreement containing provisions and caveats that meet or exceed the conditions agreed to in the Participating Party Agreement between the Recipient and the original Participating Party. ❑ Inclusion of an Unmet Need as Addressed in the Original Application 6. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, which is attached hereto and incorporated herein by reference. 7. The Attachment I, Activity Work Plan, of the Subgrant Agreement is hereby deleted and is replaced by the revised Attachment I, which is attached hereto and incorporated herein by reference. 8. A revised Project Narrative, Form G-2 from Part II of the approved CDBG Application Form, which shows the unmet need from the original application that is being included in the Subgrant Agreement listed as addressed need, is attached hereto and incorporated herein by reference. ® Change in Number of Accomplishments and/or Beneficiaries 9. The Attachment A, Program Budget, of the Subgrant Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. I Reflect Change in Agency from DCA to DEO 10. This modification to the Subgrant Agreement hereby replaces "Department of Community Affairs"with"Department of Economic Opportunity"where appropriate in context. ® Other: Adding new Service Area#5 George Washington Carver Apartments Area Stormwater. Packet Page-1882- 5/28/2013 16.D.1. Department of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC-44 Modification to Subgrant Agreement 8/10/2012 Modification Number: 2 DEO/DCA Contract Number: 12DB-P5-09-21-01-K39 Recipient: Collier County Page 3 All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. Department of Economic Opportunity Recipient: Collier County By: By: Name: Ken Reecy Name: Georgia A. Hiller, Esq Title: Assistant Director Title: Chairwomen, BCC Commissioners Division of Community Development Date: Date: ATTEST: APProved ta to form it Sufficiency DWIGHT E. BROOK, Clerk nt County Attorney 1� d,. Packet Page -1883- `—' 5/28/2013 16.D.1 . Department of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC-44 Modification to Subgrant Agreement 8/10/2012 Instructions for Completing the Modification to Subgrant Agreement Form. 1. Use the "Tab" key to move from one field to the next. "Shift Tab" lets you move backwards. 2. Type in the Modification Number in the three fields where it asks for the number. 3. Type in the Contract Number in the three fields where it asks for the number. 4, Type in the Local Government Name in the five fields where it asks for the Recipient. 5. Type in the Date and Subgrant Amount in the fields on the first page where it asks for the information. 6. Move the cursor to the appropriate box(es) to indicate the modification(s) being requested. Left "click"on the box and an "X" will appear, indicating that the section is being modified. 7. If the modification seeks to extend the end of the subgrant, type in the new date on the appropriate line. 8. If the modification makes changes to the"Participating Parties," type in the names where indicated. 9. If the reason for the modification is not one of the seven common reasons, put an "X" in the check box before"Other"at the bottom of the second page and then tab to the form field and type in the reason. 10. On page 3, type in the name of the person signing the modification and the person's title. The date must be hand written. (The person signing the modification must have signature authority.) 11. Submit two originals of the modification along with the required supporting documentation and a cover letter on your letterhead stating the reason for the modification in detail. 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C a) a) E t,co E �Z > 1::: o m ° m c� c E c c I .5 a k�Y°°o� 0Cn 0 ccu) u) <5 ac) m n_ u)Q U 00 UQ Z Q. w r >, c N E r c a) N N N N M CO C') CO S. �' -5 > G3 at O O O o O O N o o U 31) N N N N N N N N CO •O N p 11') CO CO LO 0) N CO N U E E r O Z Ca t ca (Q r+al= r (N N CV _M CO CO O .—LL .it-, N L O O O O O O O O NO O •� w C N N N N N N N N N G) O co O CO CO CO Q) r r CD rN M ai C.) ° z Packet Page-1891- 5/28/2013 16.D.1 . Grant# 12DB-P5-09.21 .01-K39 CFDA/CSFA# 14.228 Subrecipient—City of Naples ! DUNS #084130293 FETI#59-60000382 FY End-6/30 AGREEMENT BETWEEN COLLIER COUNTY AND City of Naples Stormwater Improvements/George Washington Carver Apartments(GWCA)Area THIS AGREEMENT is made and entered into this 28th day of May, 2013, 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"City of Naples." a municipality existing under the laws of the State.of Florida,having its principal office at 735 8` Street South,Naples,FL 34102. WHEREAS, the COUNTY has entered into an agreement with the State of Florida, Department of Economic Opportunity; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income by addressing hurricane impacted housing, storm mitigation, public ., ,,. facility and community development needs; and WHEREAS, The,Board of Commissioners of Collier County approved the Collier County Agreement with the Florida Department of Economic Opportunity for $3,335,131.91 in Community Development Block Grant Disaster.Recovery Enhancement Funds(DREF) r i.fanua•y 24,2012,item#16r..) 8. WHEREAS; the County and the Subrecipient desire to provide the activities specified in exhibit A of this agreement, in accord with the approved Disaster Recovery Enhancement Fund Subgrant Agreement, approved by the County; and WHEREAS, the County desires to engage the subrecipient to implement such undertakings of the Disaster Recovery Enhancement Fund Program as a.valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: I SCOPE OF SERVICES The SUBRECPIENT shall, in a satisfactory and proper mariner and consistent with any standards required as a condition of providing CDBG/DREF funds, as determined by Collier County Housing, Human City of Naples' DIM?08-05 Stormwater improvements,GWCA Area Page.1 of 32 Packet Page-1892- 5/28/2013 16.D.1 . and Veteran Services (HHVS),perform the tasks necessary to conduct the program as follows: Project Component 1: Repairs and improvements to the storm water retention system located in the area of the George Washington Carver Apartments(GWCA) in Naples, Florida. Project Component 2: The cost of the associated Environmental Review/Assessment as required by HUD. The detailed project scope will be contained in the schedule of values awarded in the project's construction contract. The project's construction contract will include details sufficient to document the number, amount and costs associated with all activities for payment. Should there be any variation between the initial proposed construction and the eventual award for the construction and the associated construction agreement, the construction agreement will prevail for reimbursement. The project may accomplish improving an estimated amount of 400 linear feet of storm water equipment, All 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 570.208 II. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the effective date of Modification#2 of DREF Subgrant Agreement # 12DB-P5-09-21-01-K39 (incorporated by reference) and end by February 29th of 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. Any funds not obligated by the expiration date of this agreement shall automatically revert to the County. III. AGREEMENT AMOUNT The COUNTY agrees to make available Fifty Six Thousand Dollars ($56,000) 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"). All improvements specified in Section I. 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 budget identified for all improvements is as follows: Line Item Description DREF FUNDS NOTE* Activities/items/services may include but not be limited to: GWCA area storrnwater improvement project City of Naples DREF 08.05 Stormwater Improvements,GWCA Area Page 2 of 32 CA Packet Page-1893- 5/28/2013 16.D.1. Project Component#1 $ 51,000 Repairs and improvements to the storm water retention system located in the area of the George Washington Carver Apartments (GWCA)in Naples,Florida. Project Component#2 $5,000 Enviornmental The cost of the associated Environmental Review/Assessment as required by HUD. Total $ 56,000 Modifications to the budget and scope may only be made if approved in advance. Budgeted fund shifts between cost categories and activities shall not be more than 10%and does not signify a change in scope. Fund shifts that exceed 10%of a cost category and activity shall only be made with board approval. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of quarterly progress reports. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. 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. Deliverable Payment Schedule tr F Repairs lam.ornporlent #1 Repairs and Improvements to Submission of monthly Invoices using Exhibit`4B" I the storm water retention system located in the area and "C". of the George Washington Carver Apartments (GWCA) in Naples, Florida. Submission of supporting documents must be provided as back up as evidenced by but not limited to signed AIA G702-1992 form (attached as Exhibit"G") or equivalent document accompanied by the contractor's Schedule of Values and associated photos. Project Component #2 The cost of the associated Environmental Review/Assessment as required by Environmental Review/Assessment as invoiced HUD. and following review and approval by the DEO Monthly Submission of Exhibit D reports N/A .W.V. NOTICES City of Naples DREF 08-05 Stormwater Improvements,GWCA Area Page 3 of 32 CA Packet Page -1894- 5/28/2013 16.D.1. 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 other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Lisa Oien, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Lisaoien a.colliergov.net 239-252-6141 SUBRECIPIENT ATTENTION: Greg Givens, Grant Coordinator City of Naples 735 8`h Street South Naples, Florida 34102 ggivens @naDlesgov.com 239-213-7101 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the Financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event,the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the 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 be assigned or subcontracted without the written consent of the COUNTY,which consent, if given at all,shall be at the COUNTY's sole discretion and judgment. 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 City of Naples DREE 08-05 Stormwater Improvements,GWCA Area Page 4 of 32 CA Packet Page-1895- 5/28/2013 16.D.1. 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 SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 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 duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. 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 pro1ect 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 this Agreement, 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 City of Naples DREF 08-05 Improvements,GWCA Area Page 5 of 32 Packet Page -1896- 5/28/2013 16.D.1. 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. 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),THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY 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. TERMINATION In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the SUBREC1PIENT materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following: 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 obligationsrnder this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, 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 termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines 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. City of Naples DREF 08-05 Stormwater Improvements,GWCA Area Page 6 of 32 CA Packet Page-1897- 5/28/2013 16.D.1 . 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. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's obligation)to recoup all or any portion of the funds, as the COUNTY may deem necessary. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in excess of$25,000 as outlined in 24 CFR 570.505 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.901) until five (5) years after expiration of the term of this Agreement or for such longer period of time as determined to be appropriate by the COUNTY and as memorialized by the COUNTY and the SUBRECIPIENT in an amendment to this Agreement or such instrument as the COUNTY at its discretion determines appropriate; or b. If not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of or improvements to, the property. No payment is required after the period of time specified in subsection(a). 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 570.502 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 I. All records required by CDBG/DRI/DEO. 2. 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 HHVS. Materials 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 City of Naples DREF 08-05 Stormwater Improvements,OWCA Area Page 7 of 32 Packet Page-1898- 5/28/2013 16.D.1. 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. 3. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENI' shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for (6) years after expiration of this Agreement, as required by the CDBG supplemental conditions provided by the Department of Economic Opportunity with the following exception: if any litigation, claim or audit is started before the expiration date of the for six (6) 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. 4. 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, 5. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. 6. 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. 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 on the 15th day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, beneficiaries served and 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 be 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 City of Naples DREF 08-05 Stormwatcr improvements,GWCA Area Page 8 of 32 Packet Page -1899- 5/28/2013 16.D.1. 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 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 HHVS,DEO or HUD to enable HHVS 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 HHVS or HUD. D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, DEO AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in compliance with thresholds of the Collier County Purchasing Policy, as shown below. Should there be a conflict; the Purchasing Policy Thresholds will prevail. Dollar Range(5) _ Quotes Under$3K 1 Written Quote Above$3K to $10K 3 Written Quotes Above $I0K to $50K 3 Written Quotes Request for Proposal (RFP)Invitation To Above$50K Bid (1TB) I 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, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(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 City of Naples DREF 08-05 Stormwater Improvements,GWCA Area Page 9 of 32 Packet Page -1900- 5/28/2013 16.D.1. records retention outlined in Section X.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance,preservation and retention. 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 ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract,the terms "small business"means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51)percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 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 (LMI) persons. This specific project must benefit a minimum of three (3) LMI 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. 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 prior to the award of funds. City of Naples DREF.08-05 Stormwater Improvements,GWCA Area Page 10 of 32 Packet Page -1901- 5/28/2013 16.D.1. 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 any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to 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. XL CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not Iimit such services or give preference to persons on the basis of religion c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission,including the definition, practice and expression of its religious beliefs,provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship,.however,are ineligible for CDBG funded improvements. 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. IN WITNESS WHEREOF, the Sub recipient and the County,have each, respectively, by an authorized person or agent,hereunder set their hands and seals on this 28th day of May,2013, SIGNATURE PAGE TO FOLLOW City ofNaplcs DREF 08-05 Stormwater improvements,GWCA Area Page 11 of 32 ■ . ,�. Packet Page-1902- 5/28/2013 16.D.1. ATTEST: BOARD OF COUNT Y COMMISSIONERS OF DWIGHT E BROCK, CLERK COLLIER COUNTY, FLORIDA By: GEORGIA A.HILLER,ESQ. CHAIRWOMAN Dated: (SEAL) Approved as to form and legality City of Naples By ZrL r\ \ : Robert D-Pritt,City Attorney By igilbrecipient Signature L'i/John F. Sorey III,Mayor Attest . I / • Ica R Rosenberg Approved as to form and legal sufficiency: . , esputy CIty Cleo:3 Jennifer'B, White. Assistant County Attorney c>k7„, Aess\ City dfNAptes DREF 08-05 Storrnwaer Imirovernehts,GWCA Area Page 12 of 32. Packet Page-1903- 5/28/2013 16.D.1 . EXHIBIT"A" Agyfro 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 341 12, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than. $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional. insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT any person employed by the L,ii 1•!1 or any VP. SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured: CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT 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 and maintained as a condition of financial assistance for acquisition or construction purposes(including rehabilitation). City of Naples DREF 08-05 Stormwater Improvements, GWCA Area Page 13 of 32 Packet Page -1904- 5/28/2013 16.D.1 . OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440,Florida Statutes. 8, Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less that $1,000,000 combined single Iimit 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 as their interest may appear (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. City of Naples DREF 08-05 Storrnwater Improvements,GWCA Area Page 14 of 32 Ci (7 Packet Page -1905- 5/28/2013 16.D.1. EXHIBIT "B" COLLIER COUNTY HOUSING,HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: City of Naples Sub recipient Address: 735 8th Street South Project Name: Stormwater Improvements, GWCA Area Project No: DREF 08-05 Payment Request# Dollar Amount Requested: $ 56,000 SECTION II: STATUS OF FUNDS I. Grant Amount Awarded $ $56,000 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount'Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I ceedfy that this request for payment has been made 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) City ofNaples DREF 08-05 Stormwater Improvements,GWCA Area Page 15 of 32 Packet Page -1906- 5/28/2013 16.D.1 . EXHIBIT "C" RELEASE AND AFFIDAVIT FORM The SUBRECIPIENT certifies for itself and its contractors, subcontractors, vendors, successors and assigns, that all charges for labor,materials, supplies,lands,licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed,have been satisfied and paid. This Release and Affidavit is given in connection with the SUBRECIPIENT's (progress/final) Request for Payment. City of Naples Witness: BY: BY: ITS: Project Manager 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.: City of Naples DREF 08-05 Stormwater Improvements,GWCA Area Page 16 of 32 ,'r Packet Page-1907- 5/28/2013 16.D.1. EXHIBIT "D" Exhibit "D" contains four(4) monthly reporting forms City of Naples DREF 08-05 Stormwater Improvements,GWCA Area Page 17 of 32 CAO Packet Page-1908- 5/28/2013 16.D.1. D-1 CDBG/DISASTER RECOVERY MONTHLY PROGRESS REPORT Complete form for the current month and submit to Housing&Human Service's staff by the 26th of each month. Status Report for Month of Submittal Date: Project Name George Washington Carver Apartments Area Stormwater Project Project Number: DREF 08-05 Activity Number: Flood and Drain-031 Subrecipient: City of Naples Contact Person Greg Givens Telephone:239-213-7101 E-mail:ggivensPnaplesgov.com 1. Activity Status/Milestones(describe any action taken, relating to this project,during the month): 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. City of Naples DREF 08-05 Stonnwater Improvements,GWCA Area Page 18 of 32 Packet Page-1909- _ ' _�-~-� _- ~ _ ._ - - - - ---~~'~~-�~_-` 5/28y2013 16.D.1 . D-2 Accomplishments and Benificiaries Monthly Reports �oN, Subrecipient: City of Naples Accomplishments Total Units Projected Units Completed/ Month 400 Linear Feet January February March April May June July August . September October November December lowarmor. TOTAL: Beneficiaries Total Beneficiaries Projected Beneficiaries Completed/Month 869 LMI of 1246 total January / February March April . LMI Area UV)! Please list the total LM .I TOTAL • beneficiaries for each month in May June July August the top box. LMI AmL*„. While listing the total amount TOTAL ``.', of bahef|c|ariesinthe lower box September October November December taragergtH , LM ,4114;1406ii"4ii1i4i140.,,ii4' TOTAL LM : dfn4lCN9mo• TOTAL: | *LMI ~Low tu Moderate Income Persons Households Total Households Projected Households Served/Month ` . N/A January February March April May June July August September October November December / easi#s TOTAL: �� | � � � . City of Naples D0EF 08~0 --- 5/mmwete,Improvements,GWCAArea Page 19 of 32 • ( .� `^_' Packet Page-1910- 5/28/2013 16.D.1 . an Summery of All beneficiaries by Rare Mora MY Report :?Year. Summary of All Elonefielarlas by Raortiraportatl for Fair Min/Janie andEOpuroosars;Raails diolormlnail,by he ad'of boutabold,',:. - MAWdhrW she rt n{(71i.3in))r r"im:n(12Y:•:.':`:P•'•.. � .. ...• °'.:::. • .... •"A DO Racial Cods. - _ sorsee,thlaMonth•' Salved-So Caw AARAmnhedaler"aia lrrni ia ACn d ro w Uwd Ma kh 1 ane*fl•n r1.`A7iAI)U WMhhn e N ta1tl8v)e,:•e nd Wtdte':(.t::6) • Se rved:1Mo Month: ASrved Masts arneAcse tnden or Ata3lan Native'41.4) '• :a Amman lnduniAtaskuilianJeand African AttfKkan(19).... ,.-;0 )Nature liawaf{srti>sgbc itWnder(SS) .::.:...BOaterMNR-redel{2O) �_ ;i:�C februxy • Year: . IS ummaly Of All Be nafta la rlia by'Esoofreported for flalri4ouillnwritrid EO purposeal...Ra'ailedinanniried by bead.of hobalinold.' ?. •. -: - Raoul Cede: • : Served thmasonth ?asrvsd to•CAM ••Reels{Coda - •r -:i .,_ t Sarwd his M.Mh sewedeo Deb .•White it) " .'.' . 0Pdeetteibsekm orABsimelistve ant Whae(16)•- -'• b Wrlcah:Aiaeilcan.12) A Aeknand"NONR'L» :0 IAshut t13}:''.:. '.:.::: D,AfrkamAtYtemcansea WhKe(at3� - r: ,:U American lMhen orAlaaeanYweve(a4) y a Amencenil elatTAIMMA Msaveased Mrkan Amercan ll9 ''''''":13 NLLtvefmwatan Padlk'k)endet(as) -0OtliafMule-taWl.�d0)=.t, ,. s :C March -�'`i Years ... e Summary oTktlBanef)da rMs'�byRade:(ioporhd'4or�fairtlousin"'and EO"puryibsaslRetie.fa'8atarmFaadlbX�ad;oltiousaho[d.`:'�;. ' Racist Code- . `:'Served th)sMonth- '••Seh!ed to.'Da1S .Reabf.COxk. ;-Served ihl►:MoMh . Ssrvidto Date.: Whine'(U)•::•. -•-0AmMCanJadmear'Alaaton Nabt+e arW WMte::(16) "'0 Arlan American(121 '.[ - :' ). '- "• i� 'nUuMneied�Wt*C::.:(17) '`; .:::: =- :'?-O Alan O3):`:`: ::. .•. ! '1::: .• • - .O ASilntiArtierfmnarin White- ?f " :. ;:.0 Amer!an Lillian at Alea!on Native(14) ,. .,:.:•: DAmertwsinakdVo ailiitihatet"brld AfACan•AmemCan'f19) '_: :'V• Native Fawa9an PeCRC.#Ignaer 11s} r.: ,,;, : ,: i:o( ;tlautu•rlilar. 20 :': - _ (: -C .,.. ,.. 'r:.: summary of AllSeneflolarlos.by Ratelreported for.falr Housing.aird EOpurpoarrtl:Raartis datarmlnad-bYUriad Ofhousahold; - -` Raelat•eoda :.:Carved ahlat/ion:a : '"-served to Dam •:R.eiat Cella __ l:Sowed'this Mently SolvedWDNS•;: Whirr(11) `.:'. - " "" 0 kmeik .In lsnor Alealmnfiative:aed lVhne l(t6) :'. .:c9 Asian'(i0) ._ •; , '" .:O Afrkan Amenrsnand Whlte'(1e) :'. :tU Arne•ken Indian or Mask.Native.(14)::•• . •• •:A:4 American'tnasNAtad sce.heave and Afrlrm Antemon:{19) :: 3i:1C• May... .., .... ... . Y.ar. Summary of All Beneflciar)es by Race(rrported for.FairHousing and EO.purposes);Raoe1s:dobrminedbybond ofhouaohotd.' .. ps alai Code: � `:-:: '.}::8eM!'�Fltis Month :i'. .i'F aeiwda6'Dam RadatCods • •.::sorest M/s:4one} -barvedta Dab,'`: White(11} -G::•,::i0 Amlllcandndlan or:Aiatven ated4V:eftd White.'tas)' :.:" ..0 Allan Amertran X1.) CAthnatd.Whae.{17} _ Asian(3) .. . _. - D•AfneanAmenran•and When(18)•• .: ,•i::0 Moen Indian or Alaskan Na0ve.,(14).• •0 Atnenran Ldsn/AlaskanNatre:and ATrlran AmMCan'(19).:•<:. ::v- ,. '.0 Native tawatan Pacing estanaer(15) •:. - OO het Mut0•recb('(20) .?'•0•)isle • .. .:.Year. Summary.of:All13enonotarlesby Raoa(raliortedlorfla(t`flobs{ng:and EO.purpenta fitace i(a3letaniiined:bYttaad::ofhDu,oho(d, ?.,: " ' Rsetst Cod, ':'! _ ::Serves thisMonth . -Served t.;Dat., Rar(at..Code ,.. .,: _ .• ':-• •,^$.reed Chia Ypnth Qsnradto Date:i Wldte T11} .. - — .CAmeklcenYUMnar.Z�leakmtluafive:::endWNte-(ice o Afrkaii AtnOdoan(12)' .. .-0Athn:and"SVNns'd(17) - - :A Amerdan 1iedian or NabunNoCYe(14) 1 -O American bthatVAFasl1e t4iSta a dial A(rtran American(1 -O Natx tiawatlah PxR c hm de (15} __ L_ :o olherldrlld ra0.1:[20}, . - OI lvly :-'.::Year Summary of All Benetielarlas by Race(reported for Falr Hous)n$and EO purpotsati'Ratite is datorwatiOd by heed of household '.-- '; ltsdal Cod. - ! served titia Month 1:::'astwpto Osta Raalet:coda - 1R.,v.d his Month Sarvadts pab W6ne(11}�� _ !!! O Prdaresrt u+da,�or A,k,ba IfaWa:er+�Wn;k j16) ..0 Aden(13j • a dM nAmeYlansrd'w5am c1a). p Amerkan.'Odbn:a:Alaskan Naeve(14) • .. :, ';: O.Amailrar lndsrl7AlarlanNatve:And Almun'Amemnrt(19)' -01 19.09e Fawldbn Padlic kknaer"(1S '1 7 .... :? . •0 Other MuIInrodar(20}}..'7:;. " ;:"; • , ;J. ,•.^0 Summary of All Benefletelrios by Reca(reported for Fair Housln sand EO purposes•:Rao,is dobrrnlned by haad of housshold. .. Radsl:Coda' •. Sseysdttola Menlh .: Sawed to'Data RiciatCod. S.rusd.edsMOnth :SsrvsatGDab WeRe.(111 r:.. :0.AmeriranlmAan:er Alaskan Nnilvc and Whlte'r(10) ::;C Ablest}American(12} `(1 ASleniantl Wens:IV) 0 AMerrali lydtan or RemYan NAM,'(14) :". . ... . ':. .-0 Mlwkan.aidartIMaikenimteleiti d Ah4Gen Any floes(191 :': - •:: i. ::;C Native"t v.den Pedfk'htanda .r".'. '=":;:: •• .:!:r .- ,.00Hi"e Mtdt•radei'•0) %S ':i:::. -. ,. :.;: _ ? .: ...':;:(j Setnemb r .. :' Yea•': . . Summa of AllBan 5f-rotariesb,Rana re•orted.forf air Housin t-rnd.SO'-u •oses Ataoela'dots'rm)ned.b`.Iliad of'housshe}d .14 Radel Coda ::• ;•1estvsd.Mts:Awed, • brood to bats==ReatalVsde - ' ;_ -:_g, Served:hisMonth Bsrvedto Dots•WI**(SS) : ',AmerWOlndennrAlanan1taifvuandWldte 6}. .. -:e• AMCan Ammican(17) '... _ :. .•-:. Asian.(I1) ``:• .0 AtAmn"Arecicaneidyshte4i8)... - ..:a American Indio,or Alaskan Nauvd(14) _. 0 Amttican9nOarVAIssMiiiMativeznd AMan Arnerfem(19) :0 Nature Hawaiian Pacific Islander(15).; . • ..:.", • ' ' ••• :.••._ ...:• : . '•- • ' '''.,}13 Qtrer:'Matk-stisl RD >.o Oetoher -:.Yea. Summary of Ati Bonefiolartes by Race{reported for.Fair:Hous(n and:SO purposes);Race la debnelneid by head bffious{hold - Aaal.Icode Served this Monin .[ `b n.d idD.m RGelel;Cads, '': - " 64reed this Month SetvsdloOab whte(it) - - Npert0a0bdlanorAbsten Nhuve;and.Wle (it2... _ _ ;-U n itsleriaM:Myhte ti a WricanAmetan(12) - 7): Artan(_i3� ::: - d AfiI11L:AAmivicsif shd Whi tt{1a�'r -- ..0 Arnerlantndmnor.Alasian:itelwe(14) 6dla NA(aelran'NeM,Mand Afrcan American,{39f :;.0 Nativetliwallon P a d t c islander"(19)••• _• . •• _ • ' - ... C Odse04i9l,4419i'120)• .-. •• _ .: '•:D• NaVamhsr rear: Summary of All Banaffdartos by Raeo(roportod tar fairHousln and fO.pMrpaaas):Race la'dabnnined by head of household Radal.Cod. &arvsd this Month � Caorwd•le•0sie- Rae{e):Cod. _ -; .- :4 ,SSrved thisMOldh .t»rvedt.Data:•.1 Whiie'(11) :::• '0 Amedrsn Idiinw:AlaskanNatve end Whte"416) ... ' •'0• .. 0 r 'miss'{I3) :`: ;' :tlltlrirairimerimnrlid:WMte•X18} - .• Y • • O Arwt,,dldienor Ateskanbktiva 14) .,'., ::.. "` ,' C AmeikinahWen/AMsibnlialMe and AfricanAnedon(19 -: ':•0 -.. Nabse ianvsiran Patak k!anrkr(IS) _:'::,. c;- .,::::::O�Otlier'MiilN-raiial'(2Q) ...:�:• '._4 �., :::r -::9. ` 1',• December "' "- ''"'Year Packet Page -1911- \\\_ 5/28/2013 16.D.1 . i; sl 5 E E u° z E .$ 3 a „• o O — = - 8 • G .....,:,,,i. O• EgA ; -o 2 ' e .L.+• ` o S E cu 4. N 4Sk�iu agga .0 o C C 1 Pkl or�f g 5 8 I - F. "n w CC 1 — 1 - 2 I a no g V c u 1 b a�. O o a• 73 1 i '2-6: y i" a 4 E =l 1 O i i I C a- g j �b l 0 7.1 E V I I b VZI i its . y'yb� q I r I� ;R t7 ti n c f °�� -at ,- L.. LE«u° 'k I N+-' do f' p�'roI bbA u e cis .., C V - O V C € t l l ,gyp S E'S. 0 I Eo11b E 0 ;FIR I°-nz a v I I °° ° j tom ` > E s zi i v T 6 • �y j ' - O !v E u d` .0 w 9 z ,7i U 4 3 z A - 4 i y L' 6 4 I• P p `yj 9 = I 1 If E S t �Q v + :. 0 o4 E U v) Packet Page -1912- 5/28/2013 16.D.1. 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 City of Naples Ending June 30, 2012 Name Period Total State Financial Assistance Expended during most recently completed Fiscal Year Total Federal Financial Assistance Expended during most recently completed Fiscal Year I $ a Check Appropriate Boxes 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: ' ❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year indicated above ❑ Are a for-profit organization ❑ 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,Z____ Certification Statement I hereby certify that the above information is true and accurate. Signature ] Date Print Name and Title City of-Naples DREF 08-05 Stormwater Improvements, GWCA Area Page 22 of 32 Packet Page-1913- 5/28/2013 16.D.1. EXHIBIT "F" LOCAL,STATE AND FEDERAL RULES,REGULATIONS AND LAWS 1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant(CDBG)funds. 2. 24 CFR 58 -The regulations prescribing the Environmental Review procedure. 3. 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 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 SUBRECIPIENT will, in all solicitations or advertisements for 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 SUBRECIPIENT's Sub-recipients and subcontractors,their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include 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 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 City of Naples DREP 08-05 Stormwatcr improvements,MCA Area Page 23 of 32 Packet Page-1914- 5/28/2013 16.D.1. be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of Iead-based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. 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 327-332. 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. HUD 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. 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,regulations,and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. City of Naples PREP 08-05 Stormwater improvements,GWCA Area Page 24 of 32 Packet Page-1915- 5/28/2013 16.D.1. 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 SUBRECIPIENTs; o Section 84.23, Cost Sharing and Matching; o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; o Section 84.25,Revision of Budget and Program Plans; o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs 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 it 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 84.51(b),(c), (d), (e), (f)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 CDBCi activities shall be four years;and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity vrty x^ 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(b)(7); and • Subpart D—After-the-Award Requirements—except for 84.71, Closeout Procedures 20. 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients 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 City of Naples DRFF 08-05 Storm water Improvements,OWCA Area Page 25 of 32 Packet Page-1916- 5/28/2013 16.D.1. Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the 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. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 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 TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 25. 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 1251, et seq., as amended. 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA)may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. 27.The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. 28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966,as amended (16 U.S.C, 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. 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. City of Naples DREF 08-05 Stormwater Improvements,GWCA Area Page 26 of 32 Packet Page-1917- 5/28/2013 16.D.1. 29. The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug- Free Workplace Act of 1988 (41 USC 701). 30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls,and maintain necessary source documentation for all costs incurred. States, local governments,and Indian Tribes follow: • A-87 for Cost Principles • A-102 for Administrative Requirements Educational Institutions(even if part of a State or local government) follow: • A-21 for Cost Principles • A-110 for Administrative Requirements Non-Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements 32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred. eighty (180) 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. 33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to,the provisions on use an.d disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. In accordance with the DRI Administrative Plan, a ten (10) year depreciating lien for the homeowner will be filed as a security instrument for the work performed and funded with the grant. 34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida.Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a),Florida Statutes. 35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the City of Naples DREF 08-05 Stormwaler Improvements, GWCA Area Page 27 of 32 Packet Page -1918- 5/28/2013 16.D.1. entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract,grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 36. Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem rates in effect at the time of travel. 37. Any rule or regulation determined to be applicable by HUD/DEO. 38. Florida Statutes 713.20, Part 1, Construction Liens 39. Florida Statutes 119.021, Records Retention. 40. The Disaster Recovery Initiative Grant Agreement#10DB-D4-09-21-01-K09 between Collier County and the Florida Department of Economic Opportunity by reference is incorporated into this agreement. City of Naples DREF 08-05 Stormwater Improvements,GWCA Area Page 28 of 32 Packet Page-1919- 5/28/2013 16.D.1. EXHIBIT"G" AIA G702-1992 Form A form significantly resembling the AIA document in this EXHIBIT shall be used for Contractor Payment and subsequent Subrecipient reimbursement City of Naples DREF 08-05 Stormwater Improvements,GWCA Area Page 29 of 32 r,, Packet Page-1920- 5/28/2013 16.D.1 . • .4$* Document G7O2 a-- 1992 Instructions Application and Certificate for Payment GENERAL INFORMATION Iturpose.and Related Documents Al Doc ament 07(12.Application and Certificate for Payment,is to be used in conjunction with AIA Document G703,Continuation Sheet.These documents are designed to be used on a Project where.a Contractor has a direct Agreement with the Owner.Procedures for their use are covered in ALA Document A201 General Conditions of the Contract for Construction. Use of Current Documents Prior to using any AlA Contract Document,users should consult www,aia.org or a local AIA component to verily the most recent edit iron, Reproductions This document is a copyrighted work-and may not be reproduced or excerpted from without the express written permission of the AIA.'There is no implied perrnissinn to reproduce.this document.nor does membership in The American Institute of Architects confer any further rights to r-eprt.tduee this document. The AIA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed 0702,but only for use in connection with a particular project.The. AIA will not permit reproduction outside of the limited license for reproduction granted above[,except tuputi written request and receipt cif written permission from the Al A. Rights to reproduce the document may vary lt. 'users of AIA software. Licensed AlA software users should consult the.End User License Agreement i1EULA). 'to report copyright violations of AfA Contract Documents.e-mail The American institute of Architects'legal counsel, copyright kit aia.UtY. COMPLETING THE G702 FORM After the CunlraGtrt-has errttrltteled ALA I)ocrnnent 071)3.Continuation Sheet_summary information.should be transferred to ALA Document C1702.Applirn-ion end Certificate lire itarytrrent. • The Conn•nctor should sign 0702,have it nuurrimtd.and.submit it,together with 0703,to the Architect. The Architect should review 0702 and 0703 and,if they are acceptable,complete the Architect's Certificate for Payment on 0702, The Architect nruy certify a different bl0Utlltt than Ill:t applied lire,pursuant to Sections 9.5 and 9.6 of A201,'I be Architect.shot,Id then initial all figures on G702 and 0703 that have been changed to conform to the an1oun1 certitied and attach an explanation,The completed 0702 and 0703 should he forwarded to the Owner. • • MAKING PAYMENT • The Owner should make puyuhent directly to the Contractor based on the irtnorrnt certified by the Architect on AlA Diaannettl.(1702, Application and Certificate for Payment.The completed form contains the name and address of the.Contractor.Payment should not be made to any other party unless specifically indicated on 0702. • EXECUTION OF THE DOCUMENT • Persons executing the document should indicate the capacity in which they are acting(i,e.,president,secretary,partner,etc.)and the authority under which they are executing the document.Where appropriate.a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached, • • AMA Document G7e210—1992.Copyright CO 1953.19133.1985,1971.1975.1983 and 1992 by The American Institute of Architects.Alt rtohts reserved.WARNING:ThIS AIA'Document is protected by U.S.Copyright Law and lntornationst Treaties.Unauthorized reproduction or distribution of this AIA"'Document,or any portion of It,may result In severe civil and criminal penalties,and wilt oe prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten (tut)copies at this document when completed.To report copyright violfltxrns at AIA Contrnnr Documents,a-retail The American Insttlute of Architects'legal counsel, copyr pl @aia.ore. • • • City ofNaples DREF 08-05 Stotmwaterimprovements,GWCA Area Page 30 of 32 • • Packet Page -1921- • 5/28/2013 16.D.1. ( AJA Document 7021u - 1992 Application and Certificate for Payment TO OWNER: PROJECT: APPLICATION NO: Distribution to: PERIOD TO: • OWNER 0 CONTRACT FOR: ARCHITECT 0 FROM CONTRACTOR: VIA ARCHITECT: CONTRACT DATE CONT.RACTOR G PROJECT NOS: ' i FIELD El OTHER 0 CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge,information Application k etude lire pave ni,;es shown below.in connection with the Contract. and belief tie.Work covered by this Application for Payttteu(has been completed in accordance with the Contract Documents,that all amounts have been paid by the Contractor for Work for Confirmation Sheet.AlA Document 07113,is attached. which previous Certificates for Payment were issued and payments nrerved from the Owner,and 1,ORIGINAL CONTRACT SUM S that current payment shown herein is now due. 2.Net change by Change Orders b , CONTRACTOR: 3.CONTRACT SUM TO DATE(Lira•I±2) S By: _ Date: 4.TOTAL COMPLETED 8 STORED TO DATE(Column CI on G103f $__ Slate of; • 5.RETAINAGE: — County of: a. Ci of Completed Work Subscribedarul sworn to before ICoinnm0+Eon(7(t3i S mMthis day of 6• rs of Stored Material 1C'nhomn TP on G71)3) 5 Notary Public: My Commission expires: Total Retainnge;[.rocs 5u—Sh+u'Tutal in Cotuntn i of 07(13i....... S 6,TOTAL EARNED LESS RETAINAGE,.,. S ARCHITECT'S CERTIFICATE FOR PAYMENT Diue 4 line S'I Nall In accordance with the Contract Documents,based on un•sitc observations and the data comprising PREVIOUS , - this application,the Architect certifies to the Owner that to the hes,of the Architect's knowledge, • 7,cE55C>:R,IRCATi:SFORPAYMeNT............... ..... S b y ---... _._...— iutornmrun and d b lief the Work has progressed ti, indicated, the (Loth in of Ole:Work is in t).uoe(rfromIsuitC'clIrticatci accordance with the Contract Documents, and the Contractor is entitled to payment of the 8.CURRENT PAYMENT DUE (S AMOUNT(.•ERTHIR111 A BALANCE TO FINISH,INCLUDING RETAIP(AGC AMOUNT CERTIFIED................_....._.._....................,...........................5 • (Line 3 less Line G) S Molleh rgtiuuaion if r+aturaa certified differs from du mouth umber'.lnitin!all figures an this Appliretriuu and on rite Cuutnnrution Sheet that are(huargevi to coofnrrn with the autalull certified.) CHANCE ORDER SUMMARY i ADDITIONS DEDUCTIONS ARCHITECT: Total changes appmvend in Ineinmms month:by OwnerIS $ g) Dot,, ITotal unmoved Ibis Month S (5 TOTALS S j g Th s Certificate is not negotiable.11w AMOUNT CERTIFIED)is payable only to the Contractor named herein.tssuam:e,payment and accep4mte oi'payment are without prejudice to any rights of • L ET CHANGES by CIs tiyc OnJer S the Owner or Coin rector under this Corered AIA Document G792m-1992.Copyrtght 8)1953.1963,1965,1971,1976,1883 aid 1992 by the Anaee:an Irmntute oI Architects.All lights reserved.WARNING:This Ate nociunnnt is 1ao4:ded by U.S.Copyright law nn,t lntrrratirma:troal ts..tioredhorivai reproduction di dtsailwtion al thin AIA'Doeume nt,Of any portion of it,may result in severe civil and tit:moat penailin,,and aria be prosecuted to the maximum extent passible ureter the law.?urcrursers eremitical to reproduce Near(1C)copies of that dmmmerd Mien oanrtehed.To resod copyright viNahms a AlA Contract Onn enunts,:•mat The American tnstecte of Arhie.Cts'legal mh,sel copvri titn"a.a.ac, City of Naples DREF 08-05 Stormwater Improvements, GWCA Area Page 31 of 32 • Packet Page-1922- i 5/28/2013 16.D.1 . CONTINUATION SHEET AlA DOCUMENT G703 ,,Instructions On reverse side) PAGE OF PYIES ALA Document CEO ,APPLICATION AND CERTIFICATE FOR PAYMENT APPLICATION NO.: conining Conractar's signed Certification,is attached APPLICATION DATE: In tabulations below,amounts are gated to the nearest dollar, PERIOD TO: use Coiumn i on Contracts where mriahle[Trainor for line items may apply. ARCHITECT'S PROJECT NO.: 1 A B i C I D E F G ! I I I WORK COMPLETED i i MATERLAIS i TOTAL ' i PRESENTLY i I BAL4NCP 1 I COMPLETED i - •: - MANAGE TEM 1, , I SCHEDULED I pato Frogs I I AND STORED No, DF.SCRIPTIDN() WORK I vALLI : !s , " • , (5 N T 0 0 T RE IND .° 1:1 F VARIABLE! ! I APPLICATION THIS PERIOD 1 I TO DATE (C; C) FINISH UTE' D OR E) i (1),E+Fl 1 , K-G) i 1 I I i 1 , , 1 1 1 ! 1 1 i 1 1 I 1 1 , 1 i • 1 , 1 i 1 j i 1 1 1 , ; 1 1 I i • 1 , ' 1 • 1 ; , ! 1 i i , ! • 1 1 1 . .. 1 I 1 1 1 , • 1 i 1 I : i 1 I 1 ! 1 , I 1 J 1 r 1 1 I I , ! , ; ! ! , I ! 1 ! I ! ! I 1 . ; ; . , ! i . , I 1 . . I ! ! 1 i 1 I i I ! i 1 1 1 i 1 , ; . I 1 ' 1! ; ; -ml AM DOCUMENT GM•CONT3NUATION SHEET FOR G-132•I9•32 EDiTION.ALki •t-199.1=THE AM:RIC.AS NSTITUTE OF AliChTFECT:.1735 SET YOU PatirsroN,D.C.2IX0-5?9,?•WARNING:Unlicensed photocopying violates LIS.copyright lays and wit subject tte violalot 0 legal proseartion, ir 07031992 'mi.. CAUTION:You should use an original AlA document which has this caution printed in red.An original assures that changes will not be obscured as may occur when documents are reproduced. City of Naples DREF 08-05 Stormwater Improvements,GWCA Area Page 32 of 32 -... Packet Page -1923- 5/28/2013 16.D.1. EXHIBIT A-1 Contract Amendment#1 Immokalee Area Community Redevelopment Agency DREF/CDBG 2008 This amendment, dated May 28, 2013 to the referenced agreement shall be by and between the parties to the original Agreement, the "Collier County Community Redevelopment Agency — Immokalee Area (CRA), (to be referred to as Subrecipient) and Collier County, Florida, (to be referred to as"COUNTY"). RE: Contract# 12DB-P5-09-21-01-K39 CFDA#14.228 Emergency Rule 9BER 09-2 "Immokalee Area Community Redevelopment Agency" DREF/CDBG- Immokalee Stormwater Improvements Words Struck Through are deleted; Words Underlined are added: THE SUBRECIPIENT AGREES TO: * III. TIME OF PERFORMANCE The effective date of the Agreement between Immokalee Area Community Redevelopment Agency and Collier County shall be May 22, 2012. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. All services required hereunder shall be completed by the SUBRECIPIENT prior to February 1, 2014 March 31, 2014. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD/DREF funding for allowable costs, determined by COUNTY, in an amount not to exceed Two Million Eleven Thousand Nine Hundred Fifty Five Dollars and 46/100 ($2,011,955.46) in U.S. Dollars for the services described in Exhibit"A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and qualified bidder. Contract administration shall be Immokalee CRA 2008 DREF 08-01 Stormwater Improvements Contract Amendment#1 Page 1 of 3 Packet Page-1924- 5/28/2013 16.D.1 . 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 HHVS pursuant to the submittal of monthly progress reports. Payments shall be made to the . • ._ - - . . . . .. . - -- --- - -- = - -- . • - ' Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHVS. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. 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." * * EXHIBIT "A" SCOPE OF SERVICES COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY(CRA)IMMOKALEE Immokalee Stormwater Improvements C. PROJECT WORK PLAN: The following Project Work PIan is in effect for program monitoring requirements only and as such, is not intended to be used as a payment schedule. Date Start Date End Work Plan 5/20126/2013 10/20129/2013 Prepare project plans and specifications 11/20129/2013 2/201311/2013 Procure eligible Contractor(s) Immokalee CRA 2008 DREF 08-01 Stormwater Improvements Contract Amendment#1 Page 2 of 3 Packet Page-1925- `; 5/28/2013 16.D.1. 3/20139/2013 5/201311/2013 Begin Construction 64044 8/2044 °, _. 9/201312/2013 447120442/2014 Construction 6650%complete 12/2013/2014 2/20143/2014 Construction 100%complete and project close out IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this day of , 20 ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Georgia A. Hiller, Esq Chairwoman Dated: (SEAL) ATTEST: Collier County Community Redevelopment DWIGHT E. BROCK, CLERK Agency (CRA) Immokalee Area Dated: By: (SEAL) Tim Nance, Chairman, Collier County Community Redevelopment Agency Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney .cObv`i Immokalee CRA 2008 DREF 08-01 Stormwater Improvements Contract Amendment#1 Page 3 of 3 Packet Page -1926- 5/28/2013 16.D.1 . EXHIBIT A-1 Contract Amendment#1 Collier County Housing Authority DREF/CDBG 2008 This amendment, dated May 28, 2013 to the referenced agreement shall be by and between the parties to the original Agreement, the Collier County Housing Authority, (to be referred to as Subrecipient) and Collier County, Florida, (to be referred to as "COUNTY"). RE: Contract# 12DB-P5-09-21-01-K39 CFDA#14.228 Emergency Rule 9BER 09-2 "Collier County Housing Authority" DREF/CDBG- Hurricane Hardening Project Words Struck Through are deleted; Words Underlined are added: * * THE SUBRECIPIENT AGREES TO: IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD/DREF funding for allowable costs, determined by COUNTY, in an amount not to exceed Seven Hundred Thirty Two Thousand Six Hundred Sixteen Dollars and Seventy Two Cents ( $732,616.72) in U.S. Dollars for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be perfouned 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 HHVS pursuant to the submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when requested as wefk progresses but not more frequently than once per Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08-02 Contract Amendment#1 Page 1 of 4 Packet Page-1927- 5/28/2013 16.D.1. month. Payment will be made upon receipt of a proper invoice and in compliance with § 218.70, Fla. Stat.,otherwise known as the"Local Government Prompt Payment Act." No payment will be made until approved by HHVS. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a$0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. 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." * * * EXHIBIT "A" SCOPE OF SERVICES COLLIER COUNTY HOUSING AUTHORITY Farm Worker Village, Hurricane Hardening A. PROJECT SCOPE: On January 24, 2012 the Board of Commissioners approved Disaster Recovery Enhancement fund grant #12DB-P5-09-21-01-K 39 with the Florida Department of Economic Opportunity (DEO). Details of this scope of work are consistent with and support certain details of that agreement. The Collier County Housing Authority will undertake a Hurricane Hardening project at their facility, Farm Worker Village, whose office is located at 1800 Farm Worker Way, Immokalee, Florida 34112. The sum of$732,616.72 will be used to create the projects plans and specifications, perform inspections, and install impact resistant windows and exterior doors on approximately 100 housing units. The project will be further defined by the projects bid results and contractor approval by the DEO. The detailed project scope will be contained in the bid specifications, the contractors bid and the awarded construction contract. The project construction contract will include details sufficient to document the number, amount and costs associated with all activities. Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08-02 Contract Amendment #1 Page 2 of 4 Packet Page-1928- 5/28/2013 16.D.1. The project activities will meet the U.S. Department of Housing and Urban Development's national objective to benefit low and moderate income areas. B. BUDGET: Collier County Housing, Human and Veteran Services is providing Seven Hundred Thirty Two Thousand Six Hundred Sixteen Dollars and 72/100 ($732,616.72) in CDBG/DREF funding for the project scope described above. Line Item Description CDBG Funds Multi-Unit Rehabilitation Hurricane Hardening $732,616.72714,616.72 Professional Services Plans. specs and Inspections $18,000 TOTAL $ 732,616.72 D. PAYMENT SCHEDULE The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Hurricane Hardening As invoiced per contractor's schedule of values Professional Services As invoiced per contract SIGNATURE PAGE TO FOLLOW Collier County Housing Authority Farm Worker Village,Hurricane Hardening DREF 08-02 Contract Amendment#1 Page 3 of 4 Packet Page -1929- 5/28/2013 16.D.1. IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this day of ATTEST: BOARD OF COUNTY COMMISSIONERS OF !)WIGHT E.BROCK. CLERK COLLIER COUNTY, FLORIDA By: Georgia A.Hiller: Esq Chairwoman, BCC Commissioners Dated: . • (SEAL) Fir vitncss Collier County 1Iousing Authority E. cralda Serrata,Ex utive Director Asso4k L., to (R; 01.4-u.. . 'type/print witness name Sec, d \ 'tness . . ,. i e ___ Approved as to form and legal sufficiency: „ Nei le, 00.1-0.(_,,,.._ Type/print witness flame 'Jennifer B. White V �� Assistant County Attorney -,` —?— Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08-02 Contract Amendment 441 Page 4 of 4 Packet Page-1930- 5/28/2013 16.D.1 . AGREEMENT BETWEEN COLLIER COUNTY AND Kipling Capital, L.P. Bromelia Place,Hurricane Hardening Catalog of Federal Domestic Assistance# 14.228 HUD Grant, Florida Department of Economic Opportunity# 12DB-P5-09-21-01-K39 Rule: Chapter 9B-43, Florida Administrative Code THIS AGREEMENT is made and entered into by and between Collier County, a political subdivision of the State of Florida, ("COUNTY"), and the "Kipling Capital, L. P.", owners of Bromelia Place Apartments, an affordable rental community for seniors located in Immokalee, Florida, having its principal office at 1942 King Fish Road Naples, Florida 34102 and its Federal Tax Identification number as 88-0370715 and DUNS #, 071598703 ("SUBRECIPIENT"). WHEREAS, the COUNTY has entered into an agreement with the Florida Department of Economic Opportunity (DEO) for a grant for the execution and implementation of a Community Development Block Grant/Disaster Recovery Enhancement Funds(DREF) Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended);and WHEREAS,pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Board of County Commissioners of Collier County approved the Fiscal Year 2011 to Fiscal Year 2016 Collier County Consolidated Plan and One-Year Action Plan for Federal Fiscal Year 2011-2012 for the CDBG Program with Resolution 2011-136 on July 26, 2011-Agenda Item 10H; and WHEREAS, Resolution 08-121 was developed following the Collier County Consolidated Plan—Citizen Participation Plan, adopted on January 9,2001 with Resolution 01-02; and WHEREAS, HUD has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2011-2012 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit "A" of this Agreement, in accord with the approved Consolidated Plan; and the CDBG/ DREF agreement between Collier County and the DEO; and Kipling Capital,L.F. DREF 08-03 Brame lia Place,Hurricane Hardening Page 1 of 29 Packet Page-1931- 5/28/2013 16.D.1. WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the CDBG Program as a valid and worthwhile County purpose. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (A) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (B) "CDBG"means the Community Development Block Grant Program. (C) "HHVS"means Collier County Department of Housing, Human and Veteran Services. (D) "HHVS's Approval"means the written approval of the Department of Housing, Human and Veteran Services or designee. (E) "SUBRECIPIENT"means Kipling Capital, L. P. (F) "HUD" means the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (G) "Low and moderate income persons"means the definition set by HUD. (H) "Project"means the work to be performed as set forth in Exhibit "A." (I) "DEO"means the Florida Department of Economic Opportunity. IL SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHVS, perform the tasks necessary to conduct the program outlined in Exhibit"A," III. TIME OF PERFORMANCE The effective date of the Agreement between Kipling Capital, L. P. and Collier County shall be May 22, 2012 The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. All services required hereunder shall be completed by the SUBRECIPIENT prior to February 1, 2014. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD/DREF funding for allowable costs, determined by COUNTY, in an amount not to exceed Two Hundred Sixty Four Thousand Dollars and 00/100($264,000) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and 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. Kipling Capital,L.P. DREF 08-03 Bromelia Place,Hurricane Hardening Page 2 of 29 Packet Page-1932- 5/28/2013 16.D.1. 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 HHVS pursuant to the submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with § 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHVS. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HHVS at its office, presently located at 3339 E Tamiami Trail, Suite 211, Naples, Florida 34112, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHVS' Policies and Procedures memoranda. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify HHVS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by HHVS or its designee within forty-five (45)days of said official notification. B. DEBARMENT The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. C. LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations and orders of the State, local and Federal governments, including, but not limited to: 1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. 2. 24 CFR.58 -The regulations prescribing the Environmental Review procedure. Kipling Capital,L.P. DREF 08-03 Brometia Place,Hurricane Hardening Page 3 of 29 Packet Page-1933- 5/28/2013 16.D.1. 3. Title VI of the 1964 Civil Rights Act,42 USC § 2000d,et. seq. 4. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 5. Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 6. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC § 2000e,et. seq. 7. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. . The required "Section 3 Clause" and notification requirements are set forth in Exhibit "C". 8. Age Discrimination Act of 1975. 9. Contract Work How's and Safety Standards Act, 40 USC 327-332. 10. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5). 11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 12. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c)). 13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 14. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 15. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 16. OMB Circular A-133 - concerning annual audits. 17. OMB Circular A-122 - which identifies cost principles. 18. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,Hospitals and Other Non-Profit Organizations. Kip[ing Capital,L.P. DREF 08-03 , Bromelia Place.Hurricane Hardening Page 4 of 29 Packet Page-1934- 5/28/2013 16.D.1. 19. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. 20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 21. Chapter 112, Florida Statutes. 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence-In the event of any conflict between or among the 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. The negotiation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached at mediation to COUNTY'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Fla. Stat. Kipling Capital,L.P. DREF 08-03 Bromelia Place,Hurricane I-iardening Page 5 of 29 Packet Page-1935- 5/28/2013 16.D.1. 26. Compliance -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 Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient's subrecipients 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 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project Assik are given to low- and very low-income persons residing within the metropolitan area in which the CDJ3G-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. a. Notifications The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, Kipling Capital,L.P. DREF 08-03 t, Bromelia Place,Hurricane Hardening Page 6 of 29 Packet Page -1936- 5/28/2013 16.D.1. if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. b. Subcontracts The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to HHVS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Scope of Services set forth in Exhibit"A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department, Florida Statutes and HUD. Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENI' or reimbursed by the COUNTY without written approval of the HHVS or its designee. E. AMENDMENTS This Agreement, and any exhibit or attachment, may be amended only by written agreement executed by the governing boards of both parties, except that County representative(s) may approve adjustments between line item amounts, scope clarifications, or an extension of time and schedule that do not change the project, or exceed the amount funded by the County, as stated herein. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. F. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or Kipling Capital,L.P. DREF 08-03 Bromelia Place,Hurricane Hardening Page 7 of 29 Packet Page -1937- 5/28/2013 16.D.1. anyone employed or utilized by the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. G. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by I-IHVS in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HHVS' support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for projects funded by HHVS. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. The construction sign shall comply with applicable County codes. Fl. TERMINATION In event of termination for any of the reasons identified in sub-sections 1-3 as follows, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to HHVS or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. (See 24 CFR 85.43.) 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. (See 24 CFR 85.44.) 3. TERMINATION DUE TO CESSATION Kipling Capital,L.P. DREF 08-03 Bromelia Place,I lurricane Hardening Page 8 of 29 Packet Page-1938- 5/28/2013 16.D.1. In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended)is suspended or terminated,this Agreement shall be suspended or terminated effective on the date that DEO specifies. I. INSURANCE SUBRECIPIENT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit "B"to this Agreement. J. SUBRECIPIENT LIABILITY OBLIGATION Compliance with the insurance requirements in Exhibit "B" shall not relieve the SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Commissioners' approval, if the Insurance certificate is received within the specified period, but not in the manner prescribed in these requirements, the SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County. If the SUBRECIPIENT fails to submit the required insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of the contract. K. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of law applicable to County employees relative to employments,hours of work, rates of compensation, leave, unemployment and employee benefits. VII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A-110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to-adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORDKEEPING 1. The SUBRECIPIENT shall maintain all records required by CDBG. Kipling Capital,L.P. DREF 08-03 Bromelia Place,Hurricane Hardening Page 9 of 29 Packet Page-1939- 5/28/2013 16.D.1 . 2. MI reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records for six (6) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. The SUBRECIPIENT shall submit detailed monthly progress reports to HHVS outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is paid with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit"D," Schedule "D-2." 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements , for grant implementation. 6. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation plan for determining the appropriate SUBRECIPIENT'S share of administrative costs and shall submit such plan to the COUNTY for approval, in a form specified by the COUNTY. 7. Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. 8. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. 9. The SUBRECIPIENT further agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. REPORTS,AUDITS,AND EVALUATIONS Kipling Capital,L.P. DREF 08-03 Bromelia Place, Hurricane Hardening Page 10 of 29 Packet Page-1940- 5/28/2013 16.D.1 . Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement,and on the resolution of monitoring or audit findings identified pursuant to this Agreement. The SUBRECIPIENT agrees that HHVS will carry out periodic monitoring and evaluation activities as determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS, DEO or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS, DEO or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS, DEO 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. E. WRITTEN APPROVALS (1) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (2) All capital equipment expenditures of$1,000 or more; (3) All out-of-town travel (travel shall be reimbursed in accordance with Chapter 112, Fla. Stat. unless otherwise required by CDBG); (4) All change orders; (5) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit"A"; and (6) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. F. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-110, A-122, 24 CFR Part 84, and 24 CFR Part 85. G. AUDITS AND INSPECTIONS 1. Non-profit organizations that expend $500,000 or more annually in federal awards shall have a single or program-specific audit conducted for that year in accordance with OMB A-133. Non-profit organizations expending federal awards of$500,000 or more under only one federal program may elect to have a program-specific audit performed in accordance with OMB A-133. Kipling Capital,L.P. DREF 08-03 Brometia Place,Hurricane Hardening Page 11 of 29 Packet Page-1941- 5/28/2013 16.D.1 . 2. Non-profit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A- 133, although their records must be available for review (e.g., inspections, evaluations). These agencies are required by HHVS to submit"Reduced Scope" audits (e.g., financial audit, performance audits). They may choose, instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the program in which they participate. 3, When the requirements of OMB A-133 apply, or when the SUBRECIPIENT elects to comply with OMB A-I33, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the SUBRECIPIENT. A copy of the audit report must be received by HHVS no later than six months following the end of the SUBRECIPIENT's fiscal year. 4. If an audit is required by Section G of this contract, but the requirements of OMB A-133 do not apply or are not elected, the SUBRECIPIENT may choose to have an audit performed either on the basis of the SUBRECIPIENT's fiscal year or on the basis of the period during which HHVS-federal assistance has been received. In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMB A-133, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report must be received by HHVS no later than six months following each audit period. 5. The SUBRECIPIENT shall maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 6. The SUBRECIPIENT shall include in all HH\TS approved subcontracts each of the recordkeeping and audit requirements detailed in this contract. H. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to HHVS. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to HHVS, and said plan shall require the written approval of l-IHVS or its designee. Accounting and disbursement of such income shall comply with OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. Program Income, as defined by 24 CFR 570.500(a), may be retained by the COUNTY. Kipling Capital,L.P. DREF 08-03 Bromelia Place,Hurricane Hardening Page 12 of 29 Packet Page-1942- 5/28/2013 16.D.1 . Program Income shall be utilized to undertake activities specified in Exhibit "A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income received by the SUBRECIPIENT or its sub-contractors shall be returned to the COUNTY unless the SUBRECIPIENT requests and is authorized by HHVS to utilize uncommitted funds, I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. VIII. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to,discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1 968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible, these small business and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty-one percent(51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit"A"of this Agreement. Kipling Capital,L.P. DREF 08-03 Bromelia Place,Hurricane Hardening Page 13 of 29 Packet Page-1943- 5/28/2013 16.D.1 . D. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any persona] financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall he employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to 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. E. PUBLIC ENTITY CRIMES As provided in § 287.133, Fla. Stat. by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3)(a),Fla. Stat. F. DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701), G. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Kipling Capital,L.P. DREF 08-03 •, Bromelin Place,Hurricane Hardening Page 14 of 29 Packet Page-1944- 5/28/2013 16.D.1. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. H. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. IX. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT agrees to comply with the following requirements: 1. Clean Air Act,41 USC 7401, et seq. 2. Federal Water Pollution Control Act, 33 USC 1251, el seq., as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. C. LEAD-BASED PAINT The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Poisoning Prevention Act found at 24 CFR 570.608. D. HISTORIC PRESERVATION The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 USC 470) and the procedures set forth in 36 CFR 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties. X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS Kipling Capital,L.P. DREF 08-03 Brornelia Place,Hurricane Hardening Page 15 of 29 Packet Page -1945- 5/28/2013 16.D.1. CDBG funds may not be used for religious activities or provided to primarily religious organizations. Section 24 CFR 570.200(j) specifies the limitations on CDBG funds. XI. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control will be covered by the regulations 24 CFR 570.503(B)(8). XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. XIII. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of Twenty Nine (29) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XIV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties and Atik constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. SIGNATURE PAGE TO FOLLOW PAGE LEFT INTENTIONALLY BLANK Kipling Capital.L. P. DREF 08-03 ostof Bromelia Place, Hurricane Hardening Page 16 of 29 Packet Page -1946- 5/28/2013 16.D.1 . .! 1 i 1 1 IN WITNESS WHEREOF,the Subrecipient and the County,have each,respectively,by an authorized person or agent,hereunder set their hands and seals on this )-- day of ,2OP' . Al TEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT RABROCK,CLERK COLLIER COUNTY,FLORIDA i By: 11 ' .tty Clerk FRED W. COYLE,CHAIRMA143 $ , siii gii. Dated; • —5—26 17_.....- spotaz, (SEAL) First Witness Kipling Capital,L.P c 1-j r 1,14 ;.kt,t,k,..e °''‘s.1-(v.1"-""--e' 4--c---- / \ .-— By -- ,-CP 51'.ub ecipient Sign4ure i / ---;;--2'..:--/-*=---1 - /..---Fi Type/print witness name Jack J.Bachmann,President Second Witness President of Camino Associates,Inc. General Partner of Kipling Capital, L.P. A.)A) 61 3c-.ii-.1--i A.) ' .\_.....? L.,,,„-.) .--Ni, --a."--------\ - ,..._ Type/print witness name '---..,.\ Approved as to form and legal sufficiency: Jennifer .White ,or■-2 Assistant County Attorney I Kipling Capital,L.P. DREF 08-03 Bromelia Place,Hurricane Hardening Page 17 of 29 I Packet Page-1947- 5/28/2013 16.D.1. EXHIBIT "A" SCOPE OF SERVICES Kipling Capital L. P. Bromelia Place Senior Apartments, Generator project A. PROJECT SCOPE: On January 24, 2012 the Board of Commissioners approved Disaster Recovery Enhancement fund grant#12DB-P5-09-21-01-K 39 with the Florida Department of Economic Opportunity (DEO). Details of this scope of work are consistent with and support certain details of that agreement. Kipling Capital L. P. will undertake a generator project at their facility, the Bromelia Place Apathnents, located at 612 N. 11th Street ImmokaIee, Florida 34142. The sum of$264,000 will be used to install a generator or generators enough to accommodate the 30 apartments, offices and grounds as determined by the plans and specifications for the project. This funding will cover all costs associated with the installation of the generator(s) and the creation of plans and specifications for the project. The detailed project scope will be contained in the bid specifications, the contractors bid and the awarded construction contract. The project construction contract will include details sufficient to document the number, amount and costs associated with all activities. The project activities will meet the U.S. Department of Housing and Urban Development's national objective to benefit low and moderate income areas. B. BUDGET: Collier County Housing, Human and Veteran Services is providing Two Hundred Sixty Four Thousand Dollars and 00/100 ($264,000.00) in CDBG/DREF funding for the project scope described above. Line Item Description CDBG Funds Multi-Unit Rehabilitation, Generator $ 264,000 TOTAL $ 264,000 Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. Kipling Capital,L.P. DREF 08-03 Bromelia Place, Hurricane Hardening Page 18 of 29 Packet Page-1948- 5/28/2013 16.D.1 . C. PROJECT WORK PLAN The following Project Work Plan is in effect for program monitoring requirements only and as such, is not intended to be used as a payment schedule. Date Start Date End Work Plan 5/2012 10/2012 Prepare project plans and specifications 11/2012 2/2013 Procure eligible Contractor(s) 3/2013 5/2013 Begin construction 6/2013 8/2013 Construction 33%complete 9/2013 11/2013 Construction 66%complete 12/2013 2/2014 Construction 100%complete and project close out D. PAYMENT SCHEDULE The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Generator system As invoiced per contractor's schedule of values Kipling Capital,L.P, DREF OB-03 Bromelia Place,Hurricane Hardening Page 19 of 29 Packet Page-1949- 5/28/2013 16.D.1 . EXHIBIT"A-I" CHANGE BY LETTER COLLIER COUNTY GOVERNMENT Collier County Housing,Human and Veteran Services User Name Public Services Division Address NAPLES,FLORIDA Zip code PHONE:(239)Phone# Date FAX (239)Fax# Contact Name Name of Firm Address RE: Zero Dollar Contract Change Notification Re: Contract#and Title of Contract Project# Purchase Order# Dear Contact Name: By copy of this letter,the above referenced contract is being issued a zero dollar($0,00)change as indicated below: The above referenced contract time is hereby extended by Number of days calendar days, The new completion date shall be on or before month and date,Year. By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal rights, including, but not limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should circumstances warrant with regard to the referenced contract. r Additional Staffing Categories Professional Position(s) Hourly Rate(s) r Draw against Allowance(specify allowance item and identify specific items and quantities) r Other:Scope Clarifications as indentified in Schedule B-1,"Clarifications in Scope",(attached). Sincerely, Your name Title cc: Contract Specialist Name Contract Specialist, Purchasing Department Suzanne Boothby,Clerk's Grants Department Kipling Capital,L.P. DREF 08-03 „ - Bromelia Place,Hurricane Hardening Page 20 of 29 Packet Page 4950- 5/28/2013 16.D.1. EXHIBIT"B" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per occurrence providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages fro claims arising out of the services performed by the SUBR.ECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in I — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original policies indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not Less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. Flood Insurance shall be provided for those properties found to be within a flood hazard zone, in an amount not less than the full replace values of the completed structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP), whichever is greater. The policy will show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided as such time that he buildings' walls and roof exist. OPERATION/MANAGEMENT PHASE(IF APPLICABLE) Kipling Capital,L. P. PREF 08-03 Bromclia Place,Hurricane Hardening Page 21 of 29 Packet Page-1951- 5/28/2013 16.D.1 . After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Contract: 7. Public Liability coverage in an amount not less than $1,000,000 per occurrence for combined Bodily Injury and Property damage. Collier County must be shown as an additional insured with respect to this coverage. 8. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 9. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Kipling Capital,L,P. DREP 08-03 Bromelia Place,Hurricane Hardening Page 22 of 29 Packet Page-1952- 5/28/2013 16.D.1. EXHIBIT"C" ADDITIONAL CDBG GRANT REQUIREMENTS There are no additional grant requirements Kipling Capital,L.P. DREF 08-03 Bromelia Place,Hurricane Hardening Page 23 of 29 Packet Page-1953- 5/28/2013 16.D.1. EXHIBIT"D„ REQUIRED SUBMITTALS D-1 Request for Payment D-1 a Release and Affidavit Form D-2 CDBG Monthly Progress Report Kipling Capital,L.P DREF 08-03 Bromelia Place,Hurricane Hardening Page 24 of 29 Packet Page-1954- 5/28/2013 16.D.1. SCHEDULE"D-1" COLLIER COUNTY HOUSING,HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Kipling Capital, L.P. Subrecipient Address: 1942 King Fish Road, Naples, Florida 34102 Project Name: Bromelia Place, Hurricane Hardening Project No: DREF 08-3 Payment Request# Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $264,000 2. Sum of Past.Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance(Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us,as the SUBRECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under$14,999) Dept Director (approval required$1 5,000 and above) Kipling Capital,L.P. DREF 08-03 Bromelia Place,Hurricane Hardening Page 25 of 29 Packet Page -1955- 5/28/2013 16.D.1. SCHEDULE"D-la" RELEASE AND AFFIDAVIT FORM The SUBRECIPIENT certifies for itself and its contractors, subcontractors,material-men, successors and assigns,that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed,have been satisfied and paid. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final) Request for Payment. SUBRECIPIENT Witness: BY: BY: ITS: President DATE: Print name and title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20^_, by , as of A corporation on behalf of Kipling Capital, L. P. 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.: Kipling Capital,L.P. DREF 08-03 Bromelia Place,Hurricane Hardening Page 26 of 29 Packet Page -1956- 5/28/2013 16.D.1 . SCHEDULE "D-2" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing, Human and Veteran Service's staff by the JO" of the following month. Status Report for Month of Submittal Date: Project Name Bromelia Place, Hurricane Hardening Project Number DREF 08-03 Activity Number Subrecipient: Kipling Capital, L. P. Contact Person Jack Bachmann Telephone: (239) 253-6360 Fax (239) 417-1378 E-mail: jbach79949aol.com 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. New contracts executed this month (if applicable): Kipling Capital,L. P. DREF 08-03 Bromelia Place,Hurricane Hardening Page 27 of 29 Packet Page-1957- 5/28/2013 16.D.1. Amok Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address &Phone Contract Federal ID (see definitions (see definitions Number Number on following on following page) page) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month, DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or"persons"). Enter the number of beneficiaries in the blank space and in Box 1. " INCOME Of the households or persons assisted, are extremely low-income income(0-30%) of the current Median Family Income (MFI). Enter this number in Box "2." Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income(MFI). Enter this number in Box "3. " Of these households or persons assisted, are low-income(51-80%)of the current Median Family Income (MFI), Enter this number in Box "4. " NOTE: The total of Boxes 2, 3 and 4 should equal the number in Box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5"below BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51-80%) Household Persons Assisted (0-30%) (31-50%) Kipling Capital,L.P. DREF 08-03 Bromelia Place,Hurricane Hardening Page 28 of 29 Packet Page-1958- 5/28/2013 16.D.1. Subrecipient's must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Black or African-American: A person having origins in any of the black racial groups of Africa. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia,China, India,Japan, Korea,Malaysia, Pakistan, the Philippine Islands,Thailand,and Vietnam. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America(including Central America), and who maintains tribal affiliation or community attachment. Native Hawaiian or Other Pacific [slander: A person having origins in any of the original people of Hawaii, Guam, Samoa,or other Pacific Islands. Definitions of Ethnicity: Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race, Tabulation Table of Race and Ethnicity Beneficiaries :. `Race :Total #:Hispanic::: White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi-Racial TOTAL: Kipling Capital,L. P. DREF 08-03 Bromclia Place,Hurricane Hardening Page 29 of 29 Packet Page-1959- 5/28/2013 16.D.1. Kipling Capital L.P. Kingfish Road Naples, FL 34102 239-417-4371 If August 17, 2012 Lisa Olen, Grants Coordinator Collier County Housing, Human &Veteran Services 3339 Tamiami Trail E. Suite 211 Naples, FL 34112 Re: Subrecipient Agreement between Collier County & Kipling Capital L.P. executed on 05-22-12. Code of Federal Domestic Assistance #14.228, HUD Grant, Florida Department of Economic Opportunity #12DP-P5-09-21-01-K39 Rule: Chapter 9B-43, Florida Administrative Code - Collier Disaster Recovery Enhancement(DREF) Project No: DREF 08-03 Dear Lisa: The operation of a low income senior apartment project of 30 apartments, generates very low cash flow, if any, and therefore, has very low cash reserves, if any, to make advance purchases such as a generator set which will require one check of at least $150,000.00+. As per my entail to you on August 7, 2012, we do not have the necessary cash funds to proceed with the subject grant since it is on a reimbursement basis. Thank you for this opportunity. Sincerely, Camino Associates, c. G.P. Jacj.tch2nn, President c.c. Kristi Sonntag, Manager Federal/State Grants Operation 3339 Tamiami Trail E Suite 211 Naples, FL 34112 Packet Page-1960-