Agenda 10/08/2013 Item #16D 3 Proposed Agenda Changes
Board of County Commissioners Meeting
October 8,2013
Add On Item 11E: Recommendation to approve and authorize the Chairwoman to sign a First
Amendment to Joint Participation Agreement between the Florida Department of Transportation and Collier
County to receive reimbursement for Construction services on the FDOT resurfacing project on SR951 from
Fiddler's Creek Parkway to South of SR90,along with the County's US-41 and SR/CR-951 intersection
project; to execute a Resolution memorializing the Board's action; and,to authorize the necessary budget
amendment; Project 60116. (Staff's request)
Add On Item 12A: Recommendation that the Board adopt a Resolution approving Amendment No.2 to
the Utility Work by Highway Contractor Agreement(UWHCA)between the State of Florida Department of
Transportation(FDOT)and the Collier County Water-Sewer District(UAO)as amended by Appendix,
Changes to Form Document,Amendment Number 1 dated April 23,2013. (County Attorney's request)
Continue Item 16D2 to the October 22,2013 BCC Meeting: Recommendation to approve amendment
No. 1 to the Community Development Block Grant(CDBG)Agreement between Collier County and
Goodwill Industries of SW Florida,Inc. (Commissioner Nance's request)
Continue Item 16D3 to the October 22, 2013 BCC Meeting:
Recommendation to approve amendment #1 to the
FY2012-2013 agreement between Collier County and Naples
Equestrian Challenge for the Community Development
Block Grant (CDBG) project previously approved by the
Board on May 14, 2013. (Fiscal Impact $0). (Staffs request)
Continue Item 16D7 to the October 22,2013 BCC Meeting: Recommendation to approve substantial
amendments to the FY2009-2010 and FY2010-2011 Annual Action Plans to clarify the project scope and
project funding for Goodwill Industries Microenterprise Project and Immokalee Housing&Family Services
Sanders Pines Playground Upgrades.This action also reduces the funding allocation for Goodwill Industries
Microenterprise Program from $32,949 to$32,640.10 utilizing U.S.Department of Housing and Urban
Development(HUD)Community Development Block Grant(CDBG)funds. (Commissioner Hiller's request)
Continue Item 16D9 to the October 22,2013 BCC Meeting: Recommendation to approve a Home
Investment Partnerships(HOME)Program Developer Agreement between Collier County and Big Cypress
Housing Corporation(BCHC)for construction of a Multi-Family Rental Housing Project consisting of a
minimum of Ten Single Family Rental Housing Units (Fiscal Impact$1,144,000). (Staff's request)
Move Item 16D12 to Item 11F: Recommendation to award Bid(ITB)#13-6136 for"Forest Lakes MSTU
Phase II&III Sidewalk,Lighting,Landscape and Turn Lane Improvements"Project to Quality Enterprises
Inc.,in the amount of$948,353.43. (Commissioner Henning's request)
Continue Item 16F2 to the October 22,2013 BCC Meeting: Recommendation to adopt criteria defining and
classifying activities using tourist tax revenue that"promotes tourism." (Commissioner Fiala's request)
10/8/2013 16.D.3.
EXECUTIVE SUMMARY
Recommendation to approve amendment #1 to the FY2012-2013 agreement between Collier
County and Naples Equestrian Challenge for the Community Development Block Grant (CDBG)
project previously approved by the Board on May 14,2013. (Fiscal Impact SO).
OBJECTIVE: Complete necessary amendment to the Subrecipient agreement for the acquisition of land
to benefit persons with special needs.
CONSIDERATIONS: The Board of County Commissioners approved a substantial amendment of the
HUD Annual Action Plan on May 14, 2013 (Agenda Item 16D10). The substantial amendment to the
FY2012-2013 HUD Annual Action Plan included the Naples Equestrian Challenge (NEC) property
acquisition project.
Also on May 14, 2013, Agenda Item No. 16D11, and as a companion item to 16D10,the Board approved
a Subrecipient agreement for the(NEC) Project. The scope of the project is to acquire property for a total
cost of$520,000.
This item is to request approval of an amendment to the subrecipient agreement to extend the project
completion date from October 31, 2013 to January 31, 2014. This extension will allow NEC to pursue a
conditional use permit, which is anticipated to go to the Board in October for approval.NEC plans to buy
the property only if it is already entitled with a conditional use permit.
In addition, the proposed amendment also clarifies the number of beneficiaries since the original
application did not address presumed clientele but rather only those Low Moderate Income (LMI)
persons.
Furthermore, effective July 1, 2013, a new State law (Chapter 2013-154 Laws of Florida) requires
agreements funded with federal or state assistance to contain additional provisions related to public
records and compliance with grant requirements therefore, the additional provisions have been added to
the proposed amendment.
Notable modifications include:
1. TEXT BOX; modify the DUNS number, FETI number, FY END number and the Monitoring
Deadline.
2. UPDATE reimbursement language.
3. TIME OF PERFORMANCE; Paragraph II. Project completion date is extended up to and
including January 31, 2014.
4. AGREEMENT AMOUNT; Deliverables Box II updating Low Moderate Income language to
LMI criteria or be presumed clientele and monitoring will be until 2018.
5. AGREEMENT AMOUNT; Deliverables Box III adding Presumed Clientele.
6. EXHIBIT"D"; Outcome lupdated closing date.
7. EXHIBIT"D"; Outcome 2 updated LMI, Presumed Clientele and monitoring date.
8. Additional Provisions to met State law (Chapter 2013-154 Laws of Florida)—located in Sections
III and IX.
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10/8/2013 16.D.3.
The proposed modifications are allowable under the grant, and will not increase nor decrease the amount
of grant funds or impact the budget for this project.
FISCAL IMPACT: There will be no effect on ad-valorem or general fund dollars. Funds are available
within the Housing Grant Fund(705)FY12-13 CDBG Project(33236.2.9.1).
LEGAL CONSIDERATIONS: HUD CDBG regulations (24 CFR 570.503) require that written
agreements be in effect for each Subrecipient and that each Subrecipient agreement contain a description
of the work to be performed in sufficient detail for the County to monitor performance. This item is
approved as to form and legality and requires majority vote for approval.-JAB
GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact by this action.
RECOMMENDATION: That the Board of County Commissioners approves and authorize the
Chairwoman to execute amendment #1 to the FY2012-2013 agreement between Collier County and
Naples Equestrian Challenge for property acquisition.
Prepared By: Sandra Marrero, Grants Coordinator; Housing,Human &Veteran Services
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10/8/2013 16.D.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.3.
Item Summary: Recommendation to approve amendment#1 to the FY2012-2013
agreement between Collier County and Naples Equestrian Challenge for the Community
Development Block Grant (CDBG) project previously approved by the Board on May 14, 2013.
(Fiscal Impact$0).
Meeting Date: 10/8/2013
Prepared By
Name: MarreroSandra
Title: Grants Coordinator,Housing, Human&Veteran Services
8/22/2013 10:42:43 AM
Submitted by
Title: Grants Coordinator,Housing, Human &Veteran Services
Name: MarreroSandra
8/22/2013 10:42:45 AM
Approved By
Name: MesaNancy
Title: Accountant.Housing,Human&Veteran Services
Date: 9/17/2013 7:35:53 AM
Name: GrantKimberley
Title: Interim Director
Date: 9/18/2013 7:11:41 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 9/23/2013 3:51:49 PM
Name: SonntagKristi
Date: 9/25/2013 3:04:47 PM
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10/8/2013 16.D.3.
Name: RobinsonErica
Date: 9/25/2013 4:00:22 PM
Name: BelpedioJennifer
Title: Assistant County Attorney,County Attorney
Date: 9/26/2013 3:11:01 PM
Name: CarneliSteve
Title: Purchasing/General Services Director
Date: 9/26/2013 5:08:46 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/27/2013 8:10:20 AM
Name:FinnEd
Title: Senior Budget Analyst, OMB
Date: 9/27/2013 3:39:38 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 9/30/2013 10:51:11 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/30/2013 11:39:01 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 9/30/2013 3:33:06 PM
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10/8/2013 16.D.3.'
Grant#-B-12-UC-12-0016 44146
CFDA/CSFA#- 14.218
Subrecipient—Naples Equestrian
Challenge, Inc.
DUNS#-029483800060427072
1 FETI#-24 3571795 0793008
FY END 1 31 13 12-31-13
Monitoring Deadline 940-243;11-30-18
1st AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
NAPLES EQUESTRIAN CHALLENGE,INC.
PROPERTYACQUISITION
This Amendment, is entered into this day of , 2013, by and between
Naples Equestrian Challenge, Inc. a private not-for-profit corporation existing under the laws of the State of
Florida,herein after referred to as SUBRECIPIENT and Collier County, Florida,herein after to be referred to as
"COUNTY," collectively stated as the "Parties."
WHEREAS, on May 14, 2013, the County entered into an agreement with Naples Equestrian
Challenge, Inc. for Community Development Block Grant Program funds to be used for Property Acquisition
(hereinafter referred to as the "Agreement"); and
WHEREAS, the Parties desire to amend the Agreement to make modifications throughout.
NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to
amend the Agreement as follows:
Words = ugh are deleted; Words Underlined are added
*
II. TIME OF PERFORMANCE
Services of the SUBRECIPIENT shall start on the 14th day of May, 2013 and end on the 34-st-day-af
Oetober--204-3 31st day of January'. 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.
* *
NAPLES EQUESTRIAN CHALLENGE,INC.
CDBG(CDS I3-08)
Amendment#1
Property Acquisition I of 9
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10/8/2013 16.D.3.
III. AGREEMENT AMOUNT
•
t
All improvements specified in Section I. Scope of Services shall be performed by SUBRECIPIENT employGeS, or
shall be putout 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 Hi=iVS, 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 of the work tasks as acs tea and approved 1�completion or partial
re p pproved by EIHVS pursuant to the submittal of quarterly progress
reports. Invoices for work performed are required every month. SUBRECIPIENT may expend funds oniy for
allowable costs resulting from obligations incurred during the term of this agreement If no work has been performed
during that month, or if the SUBRECIPIENT is not yet prepared to send the requited backup, a.S0 invoice will be
required. Explanations will be required if two consecutive months of S0 invoices are submitted. Payments shall be
made to the SUBRECIPIENT when requested as work progresses but, not more
Reimbursement will not occur if SUBRECIPIENT fails to frequently than oonce P� 'no�'
perform the minimum level of service required by this
Agreement Final invoices arc 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
Property Acquisition Reimbursement °
for allowable
expenses for property acquisition.
Supporting documentation
including but not limited to closing
documents.appraisal,survey,title
commitment, Exhibit B and HUD-
{ settlement statement must be
submitted for payment
A minimum of 200 low and moderate N/A
income fl-MI)persons or presumed
clientele per year once the
construction is complete as evidenced
by submission of the Exhibit D
quarterly report until 24;3-201E
Income qualification activities for
N/A
participants who will be LMI persons F E
or Presumed Clientele; S 14*of
NAPLES EQUESTRIAN CHALLENGE,INC.
CDDG(CDS 13A8)
Autndmcm iq
Property Action 2 of 9
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10/8/2013 16.D.3.
Inventory;As evidenced by annual N/A
property appraiser records and
property insurance
Financial and Compliance Audit;
submitted annually 180 days after the
end of fiscal year
Any reference to reimbursement on the original Subrecpient agreement shall allow for reimbursement, direct
payment via check or wire transfer to a trust account,
* *
IX. ADMINISTRATIVE REQUIREMENTS
* *
B. DOCUMENTATION AND RECORDKEEPING
2. Subrecip ent must maintain all records that ordinarily and necessarily would be
COLTNrry to perform the service. repaired by the
* r
34. Upon completion of all work contemplated under this Agreement copies of all documents and
records relating to this Agreement shall be surrendered to I-HH R'S if requested. in any event the
SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible,
permanent and secured location for four (4) years after expiration of this
foltoveing exception: if any litigation, claim or audit is started before the expirationdatenof then four
(4) year period. the records will be maintained until all litigation, claim or audit findings involving
these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist
after closeout of this Agreement of the address where the records are to be kept as outlined in 24
CFR 85.42. Meet all requirements for retaining Public records and transfer. at no cost, to COUNTY
all public records in possession of the SUB#Z.ECIPIENT upon termioat on of the contract and destiny
an\ duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. All records stored electronically must be
format that is compatible with the information technology systems of the public a the COUNTY in a
Pu 1y,
NAPLES EQUESTRIAN CHALLENGE.INC.
CDBG(CDS 13-08)
Amendment 0
Property Acquisition 3 of 9
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10/8/2013 16.D.3.
Ask
S. Provid ie . .1.c with ac o • c reco • le "" 611' = i
woutd , vide the *. • :••• at a c. t that d. . riot exceed cost • .vi•-• in Ai
or as • e .rovided bv iFtW. sure :t • die *T. 00% in, IT !All sitti. .81 At
eX .t from •ublie records I.s_ c L44L i : not disclose. x ft . .
•
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, unspent cash advances, program income
balances, and receivable accounts to the COUNTY), and determining the custodianship of records. An balance of
=obligated ftmds which have been advanced or paid must be returned to the County. Any funds naid in excess of
the amount to which the Subrecinient is entitled under the terms and conditions of this Agreement must be refunded
to the COUNTY. In addition to the records retention outlined in Section X.B.3, the SUBRECIPIENT shall comply
with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. SUBRECIPIENT
shall also produce records and information that complies with Section 215.07. Florida Single Audit Act.
•
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
NAPLES EQUESTRIAN CHALLENGE. INC
CDBC.i(CDS
Anzathrgalill
Nowt% Acquisition 4019
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10/8/2013 16.D.3.
IN WITNESS WHEREOF, the Parties have each,respectively, by an authorized person or agent,hereunder set
their hands and seals on the date first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA
By:
, Deputy Clerk GEORGIA A. HILLER,ESQ., CHAIRWOMAN
Dated:
(SEAL)
NAPLES EQUESTRIAN CHALLENGE, INC.
By: i4JJ
KIM MINARICH
Kim Minarich,Exec 've Director
Naples Equestrian Challenge, Inc.
Approved as to form and legality:
Jennifer A. Belpedio \'7
Assistant County Attorney ' c",
NAPLES EQUESTRIAN CHALLENGE.INC.
CDBG(CDS I3-08)
Amcndmrnt#I
Property Acquisition 5 of 9
h�
Packet Page-2078-
Ask
EXHIBIT‘4D"
10/8/2013 16.D.3.
uARTERLY PROGRES0
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agreement date of May 14.from the start of - „ ,,-- .','-der"-7,19:,',...''•-:-
Gala beginning to cumulative -,',,-`4,-.1.”- - `-7".r -.1',',.'.• .,t'4,7Pt*".: ,4Srs,'''''''s --"'-':, .....„:1-..,,
report"6°35
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,,001104,
ApLES EQUESTF?jA?4 CH—Al LENGE"INC'
so
cp./4 8G.(CDS 13-{M)
6 of 9
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10/8/2013 16.D.3.
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xr rQt a E r
r 5 i
3.
> ,Lz'— tfi 1,,,,�it` hl�tlt ..4
a.
...now have new amass(do lag)to this service or benefit?
b.
now has srsproved ads to this Service or benefit?
...now reiiewe a service or benefit that is no Ioniser snbatandarct7
TOTAL. 0
u LLmf, :' '''' 1 *a. ' 3a 1.4 x °5 '"'•s.. ::+i h f .s
a:s ..a-.sir.. _ '! 1 ,,,,:. c'
Section 108 Loan Guarantee
x x .
Other:ona�Pla.'t Funds -
Other Federal Funds
>zr xxt�t.r �VV
Slate l Local Funds ,
„. .:.e..4
Total
Funds -
-
Total Other Funcis ErttlStemetrt t
NAPLES EQUESTRIAN C HALL ENL'i£,INC.
CDBO(CDS 13.08)
Atartarnent 0 t
Property Acquisition 7 of 9
CPacket Page-208
10/8/2013 16.D.3.
EAMBIT"D"
e UAR • A'PRO • REPORT
sosisio,ofatorNiftim saniu, : -TONNA ot APARRAIRARA War 10
11, TIMOR Rid*rosin moo: TOWN°of mow tootoia way 10
TOTAL: 0 TOTAL: o
c. Tata taa at Wain soatoct Taal No or ammo now hoularado
NINSTOF.4,7% 1E2'7
a. Tow ruabet 0 saws Wean*nee' Taw mincer criervies senora weir i
b. Tee*mew 0 ow.insisi saved ,,Tolon.rotawr claims avow troller 11
TOTAL: 0 TOTAL:,
s Tow to isms*aorvati Tess in is Isere howeiticusehed
asamatuangsmzemaratet coinumisimimone?Slew magma tottivitaio tionom am or moot of Ow isteditO inewas*
Bows cassonts Comte*eirsinnisi townies 61160 1660,06 arm ara ass*a Piastre*iensitimispary
po NOT OC4IPLETE SOTM OLIESTION MO 4,
am toot aittabor si4442=cduzzi.
inica*as to nunier Utitdoxiii/fD Plows*
persons swops*nes Dose* venial int*
slaved mote*mew I olio OOP into soak Ramo
each ontsuraid lioiteits corrapart fraa 000
araptery totaterrattoo00.0tarNarlorarorr 006066
armatraroatari tow graralaar :
kiksert
Report at:
, . '.Enorwiettiraio talon*POOOta
Notristaio Parma
Lao InoonatO141/10
flew*Sewn* becerse teens idled%)
Parsee vo H1WAOS Acorrikesnie lazotrio ORM)
rosary Names
,kr. Voiotia%
*owes*?Monialy
ANA*,
Oloo,Vota%
TOTAL: 0
TOTAL 0
— -
Pees*indite*new many Legannzaig*bents served sines October ts4 into sec*rem eseiviry.*ivitdocon
to each nice natiniory,*sass iodinate now sway persons in*sob re*imitsern CORAIRIEc 44444406000 1401341dt
(Total Raw erriumn*sada eau*the tete es*
RACE
ETHNICITY
•OVOotir,tt of wrcon troa many NM filICIVIC7
Ettatiooloarf Amami+ 3, , «nom,row await*Nacorec",
Mom JP7Pi.
wrion now many or*Kamm,
ercyc raw roomy wor 660sarc"
Naas Nawatartocarrer Nee*await of%mom,to*room am Hassate,
Aaanoon nerinfAtooton Nafte 4trIMr,111),atanY•fe tiageriC1
80241/AMCart Arnarleart .4* v040.rm.many are Naroraner
NownrAissa.tiaraat.4600.0fikanao6. .0*an.Now mem on Hapant',
r0 wham,010 eara friorpome,
74:45-T
Omer or*w taw wawa ars harooner
TOTAL t C TOTAL ROWS=
Nome
kneurt
Tao
iOrtioro
NAPLES EQUESTRIAN CHALLENGE,INC.
CMG(CDS I 3-0S)
/ARRA
Amendment 1
Propeny Acquisition 8 of 9
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10/8/2013 16.D.3.
DarIBIT"F"
LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
40. Florida Statutes, 119.071,Contracts and Public Records
NAPLES EQUESTRIAN!CHALLENGE,INC.
CDBG(CDS 13-081
,ntmrndmon 01
t'ropen■ Acquisittun 9 of 9
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10/8/2013 16.D.3.
•
Grant#-13-12-UC-12-00196
C£DA/CSFA# 14.218
Subrecipient—Naples Equestrian
Challenge,Inc.
DUNS#-029483800
FETI#-20-3571795
FY END-1-31-13
Monitoring End-9-30-2033
AGREEMENT BETWEEN COLLIER COUNTY
AND
NAPLES EQUESTRIAN CHALLENGE
THIS AGREEMENT is made and entered into this 14th day of May 2013, by and between Collier
County, a political subdivision of the State of Florida, ("COUNTY") having its principal address as 3339 E.
Tamiami Trail, Naples FL 34112, and the "Naples Equestrian Challenge", a private not-for-profit
corporation existing under the laws of the State of Florida, having its principal office at 206 Ridge Drive,
Naples,FL 34108.
WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and
Urban Development (HUD) grant program Community Development Block Grant. Program funds and the
COUNTY expects to continue to receive entitlement funds from these grant programs to operate the
COUNTY's housing and community development activities; 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 lite 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, each year, the COUNTY prepares a One-Year Action Plan detailing how it intends to
allocate funds received from HUD to conduct eiigib:e activities for the benefit of low and moderate-income
residents; and
WHEREAS, the Board of County Commissioners of Collier County approved various Collier County
Cansoiidated Plans and Annual Action Plans for the CDBG Program; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning
the preparation o various ,Annual Action Plans, the County advertised a substantial amendment on March 14,
2013 with a 30-day citizen comment period from March 14, 2013 through April 15,2013; and
WHEREAS, on May 14, 20I3 the COUNTY approved substantial amendments to various year's
Annual Action Plans providing CDBG funds in the amount of$520,000 to the Naples Equestrian Challenge,
Inc. for Property Acquisition located at 182 Ridge Drive, Naples, FL 34108; and
Nxpks lLqucstriai,ChMiengc,Inc.
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NOWTBEREFORE, inconsiderationnfthemu|ua| benefits contained herein it is agreed by the
Parties as fello*s:
i SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing CD8Ci [unds, as determined by Collier County Housing, Human and
Veteran Services (RRV9), pcdhnn the tasks necessary to conduct the program outlined as follows:
The FY 2012'2013 Annual Action Plan identified and approved this project to
Naples Equestrian Challenge, Inc. for the following:
Project Component: /\uluircpropcny located at 182 Ridge Drive, Naples FL. Parcel
#67185040009.
Specifically. improvements identified for funding are outlined in the budget in
Section Ill.
All activities funded with CI}QG 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 CPR 570.208
IL TIME OF PERFORMANCE
Services of the SUBRECIPIENT shall start on the 14th day of May, 2013 and end on the 31st day of
October, 2013. The term or this Agreement and the provisions herein may be extended by amendment to cover
any additional time period during which the SUBRECIPIENT remains in control ufCDBO funds or other
C|]8G assets. including program income,
)ll. AGREEMENT AMOUNT
The COUNTY agrees to make available FIVE HUNDRED AND TWENTY THOUSAND
DOLLARS (5520,000) for the use by the RIRREC|PIENT for PROPERTY ACQUISITION during the Tcrrri
of the Agreement (hcrcinuftcr, the uUoncs(u{cd amount including, without limitation, any additional amounts
included thereto as u result n[ u subsequent amendment(s) to the Agreement, shall be referred to as the
'Funds-), SUBRECII'IE-Thfl project budget shall he as follows:
' — --
Line Item Description - -- [gDG
Funds
|----- — �
ProocU Acquisition located at 182 Ridge Drive, Naples FL / 5520.000 ||
i !
TOTA� �5IO,U00�= -----''---- |
MohiDuaoonamde ~8udgc and Soopc^ mmy only be made if approved in advance. Budgeted fund
shifts be/wrcncns categories and activities shall not be more than 10% and does not signify a change in scope.
"end shills that exceed 10% ole cost category and activity shall be made with board approval,
Nap/,"uv" *"onCaoome� mc
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All improvements specified in Section 1. Scope of Services shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and
Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest,
responsive and qualified bidder. Contract administration shall he handled by the SUBRECIPIENT and
monitored by HI-IV'S. 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 111-IV'S pursuant to the submittal of'quarterly
progress reports. Invoices for work performed arc 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 SO invoice will he
required. Explanations will he required if two consecutive months of SO 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 arc due no later than 90 days after the end of the agreement. Work performed during
the term of the prouram but not invoiced within 90 days without written exception from the Grant Coordinator
vwill not be reimbursed, No payment will be made until approved by FITIVS 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
Property Acquisition Reimburse for allowable expenses for
property acquisition. Supporting
documentation including but not limited
to closing docunients.appraisal,survey
and HUD settlement statement must be
submitted for reimbursement
A minimum of 200 low and N/A
moderate income persons
per year as evidenced by t
submission of the Exhibit I)
quarterly until 2033
Income qualification N/A
activities for participants
who will be L IAI persons;
51% of persons served must
fall at or below 80% of
AM I
Inventory: As evidenced by i NIA
annuai property appraiser
records and property
insurance
''apses Liyuau tun C'hallengr.
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IV. NOTICES
Notices required by this Agreement shall be in writing and delivered vie 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: Sandra.Marrero, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
(239)252-2399
sandramarrerot'aieolliergov.net
SUBRECIPIENT ATTENTION: Kim Minarich, Executive Director
Naples Equestrian Challenge
206 Ridge Drive
Naples, FL34 108
(239)596-2988
kniinarich(r`t?naplcsequesirianchalienge,org
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 D governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production
or said federal funds. the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions
aaithe 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 I agrees that it will not look to. nor seek to hold the COUNTY, nor any individual member of
the County Commissioners and for County Administration. personally liable for the performance of this
Agreement, and the COUNTY shall he released from any further liability to SUBRECIPIENT under the terms
01 this Agreement.
VI. GENERAL CONDITIONS
A. Sl t3CONTRAC'TS
Net 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. GENERAI. COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements or Title 24 of the Code of Federal
Regulations, Part 570 (the U,S. Housing and Urban Development regulations concerning Community
Napkrs Equestrian C�Ir iten e.tic.
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Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the
SUBRl�:CIPIF,N"1 does not assume the recipient's environmental responsibilities described in 24 CI=R 570.604
and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process asaa
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 Ilwther 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 SUI3REC1PIENT shall at all times
remain an "independent contractor" with respect to the services to be performed under this Agreement. Unless
otherwise provided by the Scope of Services, the Grantee shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the
S LIB RNCIPIFINT is an independent contractor.
D. AMI NDMENTS
The COUNTY or SUl3RECIPIENrT 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
authorised representative of each organization, and approved by the Grantee's governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its
obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to
end date of this agreement.
The COUNTY I Y 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 St IBRICIPiFNT.
Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time
period. the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days
and modify any subsequent project work plans to reflect the extension. The request must be submitted no later
than nineis (90) days prior to end date of tr.is agreement.
i.
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 ow 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 SUBRICIPIENT 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'
\apl0.I:gtR',triun Chailca;_c,Lu_
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any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall
pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall
survive the termination andior expiration of this Agreement. This section does not pertain to any incident
arising li om the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver
of-sovereign immunity beyond the limits set tbrth in Section 76828, Florida Statutes.
F. GRAN'ITF RECOGNITION/SPONSORSHIPS
The SUBR[CIPIEN'l 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 SIJRRECiPiENT for, on behalf of andfor about the Program shall include the statement:
"FINANCE!) BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
DEPARTMENT"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is
intended to disseminate key information regarding the development team as well as Equal Housing Opportunity
to the general public. Construction signs shall comply with applicable COUN'T'Y codes.
G. TERMINATION
In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the
SUBRECIPIENT materially tails to comply with any terms of this Agreement, which include (hut are not
limited to), the following:
I. Failure to comply with any of the rules, regulations or provisions referred to herein, or such
statutes. regulations. :XC:i ,tY� orders. and H UD 211 u er neS, policies or directives as may
become applicable at any time;
2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this Agreement;
3. lnef'lective or improper use of tends provided under this Agreement; or
+. 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 settinr, forth the reasons for such termination, the
eltective date. and, in the case of partial termination, the portion to be terminated. However, if in the case of a
purtiai termination. me Grantee determines that the remaining portion of the award will not accomplish the
purpose tot which th; award was made. the Grantee may terminate the award in its entirety.
Names kqucstritu:Or:lit:age, tire.
('Dull(C'I tS 13-08)
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VII. REVERSION OF ASSETS
In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to ° * `
any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the
SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or
expiration) and any accounts receivable attributable to the use of CDBG funds. The COUNTY's receipt of any
funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPEENT's
obligation) to recoup all or any portion of the funds. as the COUNTY may deem necessary.
Any real property under the S% I3RECIPIENT's control that was acquired or improved in whole or in
part with CDBG funds tincludinu CDBG funds provided to the SUI3RECIPIENT in the form of a loan) in
excess of S25,000 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 icon 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).
Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT. subject to the
conditions outlined in 24 CFR 84.34.
Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition
subieci in the conditions outlined in 24 CPR 84.35.
VIII. INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all
insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times
durinu its performance.
IX. ADMINISTRATIVE REQUIREMENTS
A. EXAMINATION OF RECORDS
The SUBRECIPIENT T 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 :eoulations. This documentation shall include, but not be limited to, the following
E. DOCUMENTATION AND RLCORDKEEPINU
I. All records required by CDFIG.
? All reports. plans, surveys, information, documents, maps, books, records and other data
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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 he in accordance with generally accepted accounting principles, procedures and practices,
which sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, including matching funds and Program Income, These records
shall be maintained to the extent of such detail as will properly reflect all net costs, direct and
indirect labor, materials, equipment, supplies and services, and other costs and expenses of
whatever nature for which reimbursement is claimed under the provisions of this Agreement.
3. Upon completion of all work contemplated under this Agreement copies of all documents and
records relating to this Agreement shall be surrendered to HI TVS if requested, In any event the
SUBRECIPiEN'I shall keep all documents and records in an orderly fashion in a readily
accessible, permanent and secured location for four (4) years after expiration of this Agreement
with the following exception: if any litigation, claim or audit is started before the expiration date
of the four (4) year period, the records will be maintained until all litigation, claim or audit
findings involving these records arc 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 C'FR 85.42,
4. l'he 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,
�.
The SUBRECIPIENT will he responsible for the creation and maintenance of
income eligible
tiles on clients served and documentation that all households are eligible under HUD Income
Guidelines. The SUBRECIPIENT agrees that WINS shall be the final arbiter on the
SUBRECIPIEN'I •s compliance.
6. The SUHttECIplb;N'l shall document how the National Obiective(s) as defined in 24 CER
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
tins \_rcernen;. and on the resolution of monitorinc findings identified pursuant to this Agreement as deemed
necessary by he Count., Manager or designee.
During the term, SLBRICIPIENT shall submit quarterly progress reports to the COUNTY on the }:ill"
day tf January, Aril. Jul 'y 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, performance data
`antes h:qucstrtan C'htttinu;e. Inc
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on client feedback with respect to the goals and objectives set forth in Exhibit "D", Exhibit "D" contains an
example reporting form to he used in fulfillment of this requirement. Other reporting requirements may be
required by the County Manager or their designee in the event of Program changes; the need for additional '" '
information, or documentation arises; and/or legislative amendments are enacted, Reports and/or requested
documentation not received by the due date shall be considered delinquent and may be cause for default and
termination of this Agreement.
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the
COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end.
The 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
satislactory evaluations. The SUBRECIPIENT shall. upon the request of HHVS, submit information and status
reports required by HITVS or HUD to enable HHVS to evaluate said progress and to allow for completion of
reports required. The SUBRECIPIENT shall allow EIF-IVS or HOD to monitor the SUBRECIPIENT on site.
Such site visits may he scheduled or unscheduled as determined by HHVS or HUD,
D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HOD
REQUIREMENTS
The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available for specified activities.
L, PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
bti a written contract and in conformity with the thresholds of Collier County Purchasing Policy.
Purchasing Threshold Policy
Dollar Range (S) Quotes
Under 5.3K 1 Written Quote
Above 53K to $10K 3 Written Quotes
Above 510K to 550K ! 3 Written Quotes
Request for Proposal (RFP)
Above 550K invitation for Bid (IFB)
J .
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 alI 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 SUBRICIPJINT 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.
Naples F:questrian Chi ilenee. ire.
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fI. GRANT CLOSEOUT PROCEDURES
SUBRUCIPIENT'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. In addition to the 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 SUBRECIPILN'.1 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. ".:or the purpose of this definition, "minority group members" are Afro-Americans, Spanish-sneaking,
Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The
St_'BRECI1'I :N'I' may, rely on written representations by businesses re2ardinu their status as minority and
!feintrle business enterprises in lieu of an independent investigation.
C. PROGRAM Bl(NEI=ICIARIES
At least fifiv-one percent (51%) of the beneficiaries Df a project funded through this Agreement must be
iohk- 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
Agree ment must reside in unincorporated Collier County or in municipalities participating in the County's
i Urban County Qualification Proi ram.
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D. AFFIRMATIVE AC°I'ION PLAN
The Sl. IIRECIPIENT agrees that it shall he 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 SI IBRFCIPIENT 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.
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
he disclosed in writing to HI-IVS provided, however, that this paragraph shall be interpreted in such a manner so
as not to unreasonably impede the statutory requirement that maximum opportunity he provided for
employment of and participation of low and moderate-income residents of the project target area.
XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on property owned by religious organizations
only in accordance with requirements set in Section 24 CFR 570.2006), The SUBRECIPIENT shall comply
with First Amendment ChurchlState 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 limit 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 ()Fits religious beliefs, provided that
it does not use direct CDI3G 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. SEVERA13ILITY
Should any provision of the Agreement he determined to he unenforceable or invalid, such a determination shall
not affect the validity or enforceability of any other section or part thereof.
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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 14th day of May. 2013.
A1ILS1 BOARD OF COUNT • C9iiMMISSIONERS OF
DWIGHT E BROCK. CLERK COLLIER COLT Y. FLORIDA
' I 711i,4 .1:114.41, By:
" 4161.-- GEORGIA A.'HILLER,ESQ.. CHAIRWOMAN
sig m
Dated: r\f‘a.A -so '101 3
(SAL)
Naples Equestrian Challenge, Inc,
By:
Kim Minarich
Kim Minarich, Executive Director
Subrecipient Name and Title
Approved as to form and legal sufficiency:
Jennifer B. White..A.ssistant County Attorney
,
Napief,Louestrian Challenge.inc.
CDBC)(CDS 13-08
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EXHIBIT "A"
Amok
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services
Department.. 3339 E. Tamiami 'frail. Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing
insurance coverage that meets the requirements as outlined below:
. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability including products and completed operations insurance in the
amount of S 1.000,000 per occurrence and S2.000,000 aggregate. Collier County must he 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 $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County shall he named as an additional
insured,
DESIGN STAGS_(IF APPLICABLE)
In addition to the insurance required in 1 - 3 above, a Certificate of Insurance must he provided as
follows:
4, Professional Liability insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than 51,000,000 per
Aglow
occurrence/S1.000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out or
the services perfoorme' t y the E P any
J o S<.if3R 1 IC�NT or person employed by the
SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a
period of two (2) years after the certificate of Occupancy is issued, Collier County shall be
named as an additional insured.
tr,,,si kl`::..t i0\ APPLICA(3),P)
in addition to the insurance required in I - 4 above, the SUBRECIPEINT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any
construction:
Completed Value Builder's Risk insurance on an "All Risk" basis in an amount not less than one
hundred (100%) percent of the insurable value of the buildings) or structure(s), The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001). the Subrecipient shall assure that for activities located in an area identified by the Federal
Emergency Management Agency (=l"\4 as having special flood hazards, flood insurance
under the National Flood Insurance Program is obtained and maintained as a condition of
financial assistance for acquisition or construction purposes(including rehabilitation).
\dpi. nquc'smn to C h:lk'ngc, In
cut3G,Ct)s '.I -q$)
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OPLRA I fON?MANA<;}'rvU:yT 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 Ski/tiles,
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 limit for
combined Bodily Injury and Property Damage. Collier County as an additional insured.
10. Property Insurance coverage on an "AP Risk" basis in an amount not less than one hundred
(100°icy) of the replacement cost of the property. Collier County must be shown as a Loss payee
with respect to this coverage A.T.1.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the fill!
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.1.M.A.
Narks I.gtaestrutnt"itllrngc. Inc,
CDBt i(CDS i 3-tl I
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EXHIBIT"B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: Navies Equestrian Challenge. Inc.
Sub recipient Address: 206 Ridge Drive. Naples. FL 34108
Project Name: Property Acquisition
Project No: CDS 13-08 Payment Request;`
Dollar Amount Requested: _S
SECTION II: STATUS OF FUNDS
I . Grant Amount Awarded
$520,000
2. Sum of Past Claims Paid on this Account
S
3, Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account S
4. Amount of Previous Unpaid Requests
S ,.
5. A mount of'l oday's Request
S
6. Current Grant Balance(initial Grant Amount Awarded
Less Sum of all requests) S
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 SUBRECIPIEN'T. I also certify that the amount of the
keenest for Payment is not in excess of current needs.
Signature Date
Title
Authorizinl, Grant Coordinator
Superviso:- (approval authority under 514,999)
)epl I)irectn; __. (approval required $15,000 and above)
\apic,i oestrian(.'i�alier�p�. Inv.
C-1)110 1. t)5 11-0ti)
Properly Aequki1ism Page 15 01.26
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EXHIBIT "C"
RELEASE AND AFFIDAVIT FORM
CONSTRUCTION ONLY
The SUI3RECIPIINT certifies for itself and its contractors that all charges for labor, materials, supplies,
lands. licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against
an payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida
Statutes Chapter 713,02 Part I -r Waiver or Release of l..icns
This Release and Affidavit is given in connection with the SUER.EC'IPIENT's (monthly/final) Request
for Payment.
Naples Equestrian Challenge, Inc.
Witness: 13Y:
BY: ITS: Executive Director
DATE:
Prim name and title
STA.F1 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:
(Leuibly Printed)
tAFFIX OFFICIAL SLAI_} Notary Public, State of:
Commission No.:
"Lapis,t:ciueslriun( haltetw. Int.
CJ13G(COS 13-08;
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EXHIBIT "D"
QI.IARTERLY PROGRESS REPORT
Sub-recipients.Please fill in the following shaded areas of the report
Agency Name: Naples Equestrian Challenge,Inc, Date:
t.
Project Title: Property Acquisition
Alternate
Program Contact: Kim Minarich Contact: -
Telephone Number: 239-596-2968
0 D
'REPORT FOR QUARTER ENDING:(check one that applies to the
corresponding grant period): 7131113 ` 10/31113
Please take note: Eacn quarterly report needs to include cumulative data beginning from the start of the agreement date of May 14,2013.
Please list the outcome goals)from your approved application&sub-recipient agreement and indicate your progress In meeting thoa
1. goals since May 14,2013.
A.Outcome Goals: list the outcome ooal(s)from your approved application&sub-recipient agreement
Outcome 1:Close on Property 10-31-13 _ _
te
Outcome 2:Serve a minimum of 200 low end moderate income.persons'per year-for'the next 20 years, •
Outcome 3:
...
Outcome 4:
Outcome 5:
Outcome 6. -f
Outcome 7: v-
m
B.Goa!Progress: Irotcale the progress to date in meeting each outcome goa!
:.a
Outcome 1
Is this project still in compliance with the original project schedule?If more than 2 months behind schedule,must submit a new timeline
2. for approval.
'.tple' Equestrian Cltallrni c, lnr.
C'I)II (C"415I3-()h)
i'ropcny e\cti nriiiiur: Page 17 61'26
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°es No
no.explain
3. Since May 14,2013,of the persons assisted,how many....
a. now have new access(continuing)to this service or benefit? 0
b now has irnproveo access to this service or benefit? 0
c now receive a service or benefit that is no longer substandard? 0
TOTAL 0
4. What funding sources are applied for this period/program year?
5 S .
Section 108 Loan Guarantee - HOPWA -
5 $
Other Consolidated Plan Funds - GDBG -
5 $
Other Feoera;Funds ESG •
5 $
State/Local Funds HOME -
Total
S Entitlement $
Total Other Funds Funds
rabic,l•qucsthat.Challenge. In
t"1)f3C,(C'1)N 13.08>
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EXHIBIT "Dr,
inow
QUARTERLY PROGRESS REPORT
0. ,Wnat is the total number of UNDUPLICATED chants served this Quarter,if applicable? 1
a Taal No u:tou!l(wares serveu G Tan,No d lemaos solved weer 1E ,; C
U. To:ar Nc.or adul males arnud C TcNI No a males served under le 0
TOTAL. 0 TOTAL; 0
c 1 war No N(art 0,us Se-W:1 D To:a,Pb a'snare Hate c.T' semi 0
I1
G. 'What IS the total number of UNDUPLICATED chants served since October,It applicable?
a Tsar..•nor:o'Wart ternaee served 0 TON)nxnser of ewe ees servec under TS 0
l:. 1 ON f r.teh et c•a:].A males sense:: U -TtNai number of otales served ieioer la C
TOTAL: C TOTAL: 0
c 'eta!tic ol Iae,wes setXKi 0 1 oral eb Cl ewe hoax d novsenoe '0
ConNiote EIT YEA quoanon 47 OR 1A.Comptele ow'en`v^.,#1 i yN,program only serves Wants in we or wore el !sled Run Presumed
Dent-N;Galwtones. Comdata^roster aR a any ca@m v'your wOgrwr apes nal lel two a Preounia6 genet samba:
DO NO'COMPLETE BOTH QUESTION i AND 8.
IPRESUMEpHENEPfC7ARyDATA: 8. 'OTHER'BENEFICIARY QATA:INCOME.,RANGE
I
indicate the total mender of L!Nal'PI rA TFn
parsana served since October t v to fall into indicate the total nuoceer of UNDI.If MarEQ�rsoes
each presumed benefit category itna may served since October 1 Abe fall Into each Iacono
Jf:0010 equal(no((l 11 In QGBSirdO e6;; Category TIN(018)500010 spud/108 tote!on gaeston 06)
Report as Repon an
G Abus0&Ham, 0 E0'emey low income(0-309tt
O Homeless person ;D>::Law rxome(31.50%1
O BaaaraC Spouses 0 MwMMe beanie.t51.8C L
C Parsons sal e v#fi0S 0 -Rare Moderate tncyne 1,430%)
0 Eberry Hers ens
O Veteran
C Crvowauyi Vertayy n'
G
Physe,e,tv D,$a`oi, Ait,A
TOTAL 0 TOTAL C
0. IRacial&Ethnic Data 101 applicable)
Please indicate Crow many UNDUPLICATED Clients served since October tali Into each race category.In addition
to each race category,.please indicate how many persons In each race category Consider themselves Hispanic
(Total Race column should equal the total call}.
RACE ETHNICITY
:Lrtie - 0l w!y:fp nD'V many are HOpartC'
BscrtAt'!can Mter,cey 0 :r N wt101 now New Me(tSo r•'
ewe- 0 C C snot net'many ere`espan(
Ana:cen as a vInaske Na;:ve G -0 d whom haw to any are tiisoarsc1
Ne4re wadera,.Oiner✓acd.c lstartm 0 0 Cl wtwn tiow marry aro tirspa^.r';
1Vnertcan lncarrluaska-Nava&Wry:,. C S.0 0'wrom.no,...errs era rtspanc'=
8lec4awcar,FYltencun 5 Wnee t` 0....ce wrests tow sooty e't rtspa^.r_-
M, InnarVA.esxu Nalrve.t Bracellu'rar,M, -T) - 0 al whom now=Piety are Hsrsarec'
L)lre'M.h.-natal - 0 t1 a seer two,mac we rvspan_'.
011ie .:C 0 a r,,o r,teas,man:.510005101
TOTAL C 0 TOTAL HISPANIC
Nape
Spnaiurre
Yor,typed te/me hate represu:ua your e?euIrort;.
ew
----- sip..^.allfe
Naples t:queitrian(halleuge. Inc.
E'i)t3(i tLi)N I3-tlht
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EXHIBIT "E"
ANNUAL AUDIT MONITORING REPORT
OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier
County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards
and determine whether they have met the audit requirements of the circular and whether they are in
compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the
following, provide all appropriate documentation regarding your organization's compliance with the audit
requirements, sign and date this form.
Sub recipient Fiscal Year
Name Naples Equestrian Challenge, Inc Period
Total State Financial Assistance Expended during $
most recently completed Fiscal Year
Total Federal Financial Assistance Expended during most
recently completed Fiscal Year
Check Appropriate Boxes
We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending
0 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 federallstate 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
• _I Are exempt for other reasons—explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
(if findings were noted, please enclose a copy of the responses and corrective action plan.)
Certification Statement
hereby certify that the above information is true and accurate,
Signature i Date
Print Name and Title
haptc.I•:iucstrian Challenge.Inc.
Ci)BG(CDC I 1-08)
rtupen Acqukitiun Pale 20 01'26
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EXHIBIT"F"
Amok
LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
I. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block
Grant (CDBCi) Rinds,
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
SLBRECIPIEN`I"s Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the
COUNTY. the SLI3RECIPIENT and any of the SJBRl CIPIENT`s Sub-recipients and subcontractors, their
successors and assigns. to those sanctions specified by the Agreement through which Federal assistance is
provided, l'he SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would
prevent compliance with these requirements.
The SUBRECIP1ENT 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 he 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
qu jar Cttuficnce. lttc
C-1)136(C DS 3-08i
Propert) Acquisition Page 21 of 26
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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 SUBR1_CIP[E' '1 further agrees to ensure that opportunities for training and employment arising in
connection with a housing rehabilitation (including reduction and abatement of lead-based paint
hazards), housing construction, or other public construction project are given to low- and very low-
income persons residing within the metropolitan area in which the CDBG-funded project is located;
where feasible, priority should be given to low- and very low-income persons within the service area of
the project or the neighborhood in which the project is located, and to low- and very low-income
participants in other HUD programs; and award contracts for work undertaken in connection with a
housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing
construction, or other public construction project to business concerns that provide economic
opportunities for low- and vet-v 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
1It1D programs.
The S'i BRECLPIENT 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 Flours 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 anti trainees on federally assisted protects as mandated by the Davis-Bacon Act. HUD Form
4011) must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR
135.1 1(c)),
S. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted
projects.
16. Executive Order 11625 and L.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 SUBRECIPIEN3 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.
".'attics F.gbestrian t'iiallcnge. Inc.
Di30 r-I).S I3-Olt;
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18. Public Law 100-430 - the Fair Housing Amendments Act of 1988.
ossw
19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Innstitutions 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 SUBRFCIPIENTs',
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 8425, 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 he program income (pro-
rated to reflect the extent to which CDBG funds were used to acquire the equipment);
and
• Equipment not needed by the SUBRECIPIENT for CDBG activities shall be
transferred to the recipient for the CDBG program or shall be retained after
compensating the recipient;
o Section 84.35. Supplies and other Expendable Property
o Section 84.51(b),(e), (d), (e), (nand (h). Monitoring and Reporting Program Performance:
o Section 84. 2, Financial Reporting:
o Section 84.53(h), Retention and Access Requirements for Records, Section 84.53(b) applies
with the following exceptions:
• The retention period referenced in 84.53(b) pertaining to individual CDBG activities
shall be four years: and
• 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 is
reported on for the final time rather than from the date of submission of the final
expenditure report for the award;
o Section 84.61, Termination - In hen of the provisions of 84.61, CDBG SUBRECIPIENTs
shall comply with 570.503(h)(7); and
• Suhpart D --After-the-Award Requirements — except for 84.71, Closeout Procedures
20. 24 CPR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall
be followed for stib recipients that arc poventmental entities.
21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating
thereto. Failure by the SUBRECIPI 14T 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.
ynpits tiiiutstrian Challenge, Inc.
cutiti(CDS 13-08)
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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 111, 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 confliet 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 panics
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida, Should either party fail to submit to
mediation as required hereunder, the other party may obtain a court order requiring mediation under §
44.102, F/uricta Sivarue.1. The litigation arising ow of this Agreement shall be Collier County, Florida, if in
state court and the US District Court, 20`I' Judicial Court of Florida; if in federal court. BY ENTERING
INTO THIS AGREEMENT, COLLIER COUNTY AND TILE 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.
2`. fhe
— SUBRECIPIENT agrees to comply with the following owtnk i'%.uuiretiientS:
a. Clean Air Act. 41 USC 7401, et seq.
h, Federal Water Pollution Control Act, 33 USC 1251, et.s-eq., as amended,
26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24
CPR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified
by rt as having special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained. I I.appropriate, a letter of map amendment ;LOMA) may be obtained from FEN A.
which would satisfy this requirement and/or reduce the cost of said flood insurance.
27. The SUT3R-ECIPIENI' agrees that any construction or rehabilitation of residential structures with assistance
provided under this contract shall he subject to HUD Lead-Based Paint Poisoning Prevention Act found at
24 CFR 570,608. Subpart K.
28. rile SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National
1listorie Preservation Act of 1966, as amended 116 U.S.C, 470) and the procedures set forth in 36 CFR Part
500. Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as
they apply to the performance of this agreement.
\;itsi,ti:.puss=,ri,tti C'hulknPc. tn.
{..t?t1Ci iCI)S :3-01()
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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.
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. l'he SUBREC1Pl FN'1 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.
11 . The Sti13REClP11 N'1' 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
1lducational Institutions(even il'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
12. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days eeee
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 SUBRECIPIEN T for the purpose of carrying on the projects stated
herein. and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall he subject to the provisions of CDBG
including, but not limited to. the provisions on use and disposition of properly. Any real property within the
SU13Ri CIPIEN-1 control, which is acquired or improved in whole or part with CDBG funds in excess of
525,000, must adhere to the CDBG Regulations at 24 CFR 570.505.
34. As provided in 287.133, I.7uricdc' 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
Naples Iiiriestrian Challenge. Inc.
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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.
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-1.11.,, "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 SUBRECIPIENtTS 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 mile or regulation determined to be applicable by l-EUD.
38. Florida Statutes 713.20, Part 1, Construction Liens
39. Florida Statutes, 119.021 Records Retention
Naples hI uesu'ian Challenge, I c.
t'!)B(I(CD)S 13-08)
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