Agenda 10/08/2013 Item #16D 8 10/8/2013 16.D.8.
EXECUTIVE SUMMARY
Recommendation to approve amendment No. 2 to the Community Development Block Grant
(CDBG) Agreement between Collier County and the Community Redevelopment Agency (CRA)
Immokalee to update the template language and extend the project completion date.
OBJECTIVE: Complete necessary modifications to the subrecipient agreement to make agreement
consistent with new templates and extend the project completion date.
CONSIDERATIONS: On January 24, 2012, Item 16D10, the Board of County Commissioners (BCC)
approved an agreement with the CRA for the purchase of land and construction design-build of the First
Street Plaza in Immokalee,FL.
The CRA has requested a modification to the subrecipient agreement to extend the project completion
date up to and including May 31, 2014. Other modifications to the subrecipient agreement are also
proposed as follows:
1. TIME OF PERFORMANCE, Paragraph III. Project completion date is extended up to and
including May 31,2014.
2. CONSIDERATIONS AND LIMITATIONS OF COSTS,Paragraph IV.
3. GENERAL CONDITIONS; Paragraph VI, Subparagraph C, LOCAL AND FEDERAL RULES,
REGULATIONS,AND LAWS; updated with revised legal citations.
4. ADMINISTRATIVE REQUIREMENTS Paragraph VII, Subparagraph B, DOCUMENTATION
AND RECORDKEEPING,requires records to be kept for 4 years.
5. ADMINISTRATIVE REQUIREMENTS Paragraph VII, Subparagraph C, REPORTS AUDITS,
AND EVALUATIONS, requires at least one annual on-site monitoring visit.
6. ADMINISTRATIVE REQUIREMENTS Paragraph VII, Subparagraph F, PURCHASING; adds
Purchasing Threshold Policy.
7. ADMINISTRATIVE REQUIREMENTS Paragraph VII, Subparagraph I, GRANT CLOSEOUT
PROCEDURES,updated with unobligated funds language.
8. REVERSION OF ASSETS Paragraph XI, updates language to conform to CFR provisions
relating to disposition of assets purchased with CDBG funds.
9. EXHIBIT A, Scope of Services, updates invoice requirements and project work plan; and update
B, Budget.
The proposed modifications are allowable under the grant, and will not increase the amount of grant funds
or impact the budget for this project.
FISCAL IMPACT: FY10 Community Development Block Grant funds are available within the Housing
Grants Fund(705),Project 33088.15
GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this amendment will
further certain Goals, Objectives, and Policies within the Housing Element of the Growth Management
Plan.
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LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval.-JAB
RECOMMENDATION: To approve and authorize the Chairwoman to execute the Second Amendment
to Agreement for the construction of the First Street Plaza in Immokalee, FL.
PREPARED BY: Rosa Munoz, Grants Coordinator,Housing,Human and Veteran Services
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.8.
Item Summary: Recommendation to approve amendment No. 2 to the Community
Development Block Grant (CDBG) Agreement between Collier County and the Community
Redevelopment Agency(CRA) Immokalee to update the template language and extend the
project completion date.
Meeting Date: 10/8/2013
Prepared By
Name: MunozRosa
Title: Grants Coordinator,Housing,Human&Veteran Services
7/31/2013 4:11:21 PM
Submitted by
Title: Grants Coordinator,Housing, Human &Veteran Services
Name:MunozRosa
7/31/2013 4:11:22 PM
Approved By
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Date: 8/13/2013 9:13:45 AM
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Date: 8/13/2013 9:21:07 AM
Name: WardKelsey
Title: Manager-Contracts Administration,Purchasing&Ge
Date: 8/13/2013 5:48:37 PM
Name: GrantKimberley
Title: Interim Director
Date: 8/20/2013 1:59:46 PM
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Aork
Name: MagonGeoffrey
Title: Grants Coordinator
Date: 8/22/2013 7:57:38 AM
Name: MesaNancy
Title: Accountant,Housing,Human&Veteran Services
Date: 8/22/2013 8:31:41 AM
Name: AlonsoHailey
Title: Operations Analyst,Public Service Division
Date: 8/22/2013 12:24:06 PM
Name: RobinsonErica
Date: 8/22/2013 2:30:04 PM
Name: CarnellSteve
Title: Purchasing/General Services Director
Date: 8/22/2013 4:52:29 PM
Name: BelpedioJennifer
Title: Assistant County Attorney,County Attorney
Date: 9/27/2013 4:08:27 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 9/27/2013 4:58:40 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 9/30/2013 9:54:09 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/30/2013 11:36:47 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 9/30/2013 4:58:40 PM
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Grant#-B-10-UC-12-0016
CFDA/CSFA#- 14.218
Subrecipient—Collier County Community
Redevelopment Agency -Immokalee
DUNS#-076997790
FETI#-59-6000558
FY End 9/30
Monitoring Deadline 9/30/2018
SECOND AMENDMENT TO
AGREEMENT BETWEEN COLLIER COUNTY
AND
COMMUNITY REDEVELOPMENT AGENCY (CRA) IMMOKALEE
IMMOKALEE CRA-FIRST STREET PUBLIC FACILITY
FIRST STREET PLAZA
THIS AMENDMENT is entered into this 8th day of October, 2013 by and between the parties to
the original Agreement, "Collier County Community Redevelopment Agency (CRA) -Immokalee," a
public entity created by Collier County pursuant to Chapter 163, Florida Statutes" having its principal
office at 750 South Fifth Street, Immokalee, FL 34142, and its Federal Tax Identification number as
59-6000558 and DUNS #076997790, herein after referred to as "SUBRECIPIENT" and Collier County,
Florida,hereinafter to be referred as "COUNTY", collectively stated as the "Parties."
RECITALS
Whereas, on January 24, 2012, the County entered into an Agreement with the Community
Development Block Grant Program funds to be used for land acquisition and construction/design-build
activities/line items/services (hereinafter referred to as the"Agreement"); and
Whereas, on January 8, 2013,the Agreement was amended, and
Whereas,the Parties desire to further amend the Agreement to reference additional HUD language
and make housekeeping type modifications to the agreement including the Scope of Services.
NOW THEREFORE, in consideration of the 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 b are deleted; Words Underlined are added
III TIME OF PERFORMACE
The effective date of this Agreement shall be January 24, 2012. The services of the
SUBRECIPIENT shall comply with all terms and conditions of HUD Grant B-10-UC-12-0016. All
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services required hereunder shall be completed by the SUBRECIPIENT up to and including Bete 30, sok
281-3 May 31, 2014. Any funds not obligated by the expiration date of this Agreement shall automatically
revert to the COUNTY as set forth in Section XI.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable
costs, determined by COUNTY, in an amount not to exceed EIGHT HUNDRED TEN THOUSAND
AND 00/100 DOLLARS (U.S. $810,000) unless an additional $150.000 of grant funds is allocated by the
Board of County Commissioners in a Substantial Amendment to the County's Action Plan. If so, the
SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs,
determined by COUNTY. in an amount not to exceed NINE HUNDRED SIXTY THOUSAND AND
00/100 DOLLARS (U.S. $960,000) for the services described in Exhibit "A." The amount of ZERO
DOLLARS ($0.00) to be retained by Collier County for grant administration. In the event the project
costs exceed the stated amount,the SPONSOR shall be responsible for the excess.
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or
shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal
requirements. The SUBRECIPIENT shall enter into contract for improvements with the qualified section
3 business concern with the lowest responsive quotation/bid, if it is reasonable and no more than 10
percent higher than the quotation/bid of the lowest responsive quotation/bid from any qualified source.
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.
.. :. - -- . - = '-_- ' I_ • - - . - . • - • _ _ . -.
submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when requested
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.
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. SUBRECIPIENT may
expend funds only 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 vet
prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two
consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when
requested as work progresses but, not more frequently than once per month. Reimbursement will not
occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement.
Final invoices are due no later than 90 days after the end of the agreement. Work performed during the
term of the program but not invoiced within 90 days without written exception from the Grant
Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant
compliance and adherence to any and all applicable local, state or Federal requirements Payment will be
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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."
VI. GENERAL CONDITIONS
* * *
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.
3. Title VI of the 1964-Civil Rights Act. 1-2 USC § 2000d,Ct. seq.
3. Section 104(b) and Section 109 of Title I of the Housing and Community Development
Act of 1974 as amended.
11. 21 CFR 107 The regulations issued pursuant to Executive Order 11063 which prohibits
34. Title VI of the 1964 Civil Rights Act 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.
56. 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.
67. 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.
.78. 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
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contract, shall be a condition of the Federal financial assistance provided under this oink
contract and binding upon the COUNTY, the SUBRECIPIENT and any of the
SUBRECIPIENT', 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 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
ofiek
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 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.
449. Age Discrimination Act of 1975, Executive Order 11063. and Executive Order 11246 as
amended by Executive Orders 11375. 11478, 12107 and 12086.
4410. Contract Work Hours and Safety Standards Act,40 USC 327-332.
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4-811. 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.
44-13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended.
4-214. 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)).
4-315. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
4-416. 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.
15-18. 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.
.1 419. 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 SUBRECIP1ENTs
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;
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o Section 84.32 Real Pro.ertv — In lieu of 84.32 CDBG SUBREC
follow 570.505•
o Section 84.34 • IPIENTs shall
_ . E.ui•ment— In lieu of the disposition provisions of 84.34 the
following an n Imo:
• In all cases in which eeui.ment is sold the •roceeds shall be •ro_ram
income •ro-rated to reflect the extent to which CDBG funds were used to
acquire the eQUi ment): and
• Esui•ment not needed b the SUBRECIPIENT for CDBG activities shall
be transferred to the reci'lent for the CDBG sip_ am or shall be retained
after com ensatin the reci lent.
o Section 84.35. Su lies and other Ex endable Pro e
o Section 84.51 b c d e •
Pe—ce: and h . Monitorin and Re.ortin• Pro• am
o Section 84.52. Financial Re ortin
o Section 84.53 b Retention and Access Requirements for Records. Section
84 53( )applies with the followinsY exce tions•
• The retention •enod referenced in 84.53 s sertainin_ to individual CDBG
activities shall be four ears: and
• The retention •enod starts from the date of submission of the annual
performance and evaluation resort, as prescribed in 24 CFR 91.520 in
which the specific activity is resorted on for the final time rather than from
the date of submission of the final ex.enditure resort for the award.
o Section 84.61 Termination - In lieu of the provisions of 84.61. CDBG
SUBRECIPIENTs shall com ]v with 570.503 7 • and
• Sub sari D—After-the-Award Re•uirements—exce.t for 84.71, Closeout Procedures
4-920. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to State and
Local Governments shall be followed for sub recipients that are .overnmental entities.
021. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et se
regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws
referenced herein shall constitute a breach of this agreement, and the County s 4' and
discretion to unilaterally terminate this agreement immediately. hall have the
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
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Documents cannot be resolved by application
the Agreement, the conflict shall be resolved f byeimposin Supplemental more s rict if any,costly or
obligation under the Contract Documents upon the Contractor at more strict or costly
24. t Owner's discretion.
Venue - Any suit or action brought by either
party relating to or arising out of this Agreement must be brought in the appropriate
or state courts in Collier County, Florida, which to this Agreement against the other
on all such matters. courts have sole and exclusive jurisdiction l
?3.24. Dispute Resolution - Prior to the initiation of any action or proceeding
Agreement to resolve disputes between the parties, the
effort to resolve any such disputes by negotiation. P ding permitted by this
Parties shall make a good faith
representatives of SUBRECIPIENT with full decision-making shall or authority and by
COUNTY'S staff person who would make the presentation of any settlement
during negotiations to COUNTY for approval, Failing resolution, and by
commencement of depositions in any litigation between the parties reached
Agreement, the parties shall attempt to resolve the dispute ' and prior to the
p arising out of this
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation attended by representatives of SUBRECIPI p through Mediation before an
and by COUNTY'S staff person who would make the r on shall
ENT with full decision-making authority
reached at mediation to COUNTY'S board for approval. Should either party fail to submit
to mediation as required hereunder, the other party presentation of any settlement
mediation under§44.102,Fla. Stat. P y may obtain a court order requiring
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_. ..•
, .. _ . •... ... . :.. •.
the CDBG funded project is located; where feasible, priority should be given to low and
= -d very low income persons residing within the
metropolitan area in which the CDBG funded project is located; where feasible, priority
n NA.�'foti7fcations
any, a notice advising said labor organization or worker's representative of its
b. Subcontracts•
. . . . .. 4 - • •: ., _ ..• . - .. .._. •^._ .. • _ ^ • ♦.T•
these regulations. _ _ -- -
25. Clean Air Act.41 USC 7401. et seq. and
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.
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27. The SUBRECIPIENT a• ees that an construction or rehabilitation of residential
structures with assistance .rovided under this contract shall be sub'ect to HUD Lead-Based
Paint Poisonin• Prevention Act found at 24 CFR 570.608, Sub.art K.
28• The SUBRECIPIENT a• ees to corns] with the Historic Preservation re.uirements set
forth in the National Historic Preservation Act of 1966 as amended 16 U.S.C. 470 and
the •rocedures set forth in 36 CFR Part 800 Adviso Council on Historic Preservation
Procedures for Protection of Historic Pro.erties insofar as the a..l to the erformance
of this agreement
In t eneral. this re.uires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic •roserties that are fifty ears old or older or that
are included on a federal state or local historic 'rose list.
29. The SUBRECIPIENT must certif that it will .rovide dru•-free work.laces in accordance
with the Dru•-Free Work'lace Act of 1988 41 USC 701
30. The SUBRECIPIENT certifies that neither it nor its .rinci.als. is .resent] debarred
sus.ended •ro•osed for debarment, declared ineli•ible or voluntaril excluded from
artici ation in this transaction b an Federal De artment or a enc • and, that the
SUBRECIPIENT shall not knowin•l enter into an lower tier contract, or other covered
transaction with a •erson who is similar] debarred or suspended from •artici satin• in this
covered transaction as outlined in 24 CFR 570.609 Subpart K.
31. The SUBRECIPIENT a• ees to corm,' with the followin• OMB Circulars whichever is
a livable and a rees to adhere to the accountin rinci les and rocedures re uired
therein. utilize ade•uate internal controls and maintain necessary source documentation
for all costs incurred.
States local •overnments. and Indian Tribes follow:
• A-87 for Cost Principles
• A-102 for Administrative Re uirements
Educational Institutions even if part of a State or local government follow:
• A-21 for Cost Principles
• A-1 l0 for Administrative Re uirements
Non-Profit Organizations follow
• A-122 for Cost Principles
• A-1 I0 for Administrative Re uirements
32. Audits shall be conducted annual] and shall be submitted to the COUNTY one hundred
ei•htv 180 da s after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT
shall coma] with the resuirements and standards of OMB A-133, Audits of States. Local
Governments. and Non-Profit Organizations. If this Atreement is closed out .rior to the
receipt of an audit resort, the COUNTY reserves the ri_ht to recover any disallowed costs
identified in an audit after such closeout.
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33. Any real .rose ac•aired b the SUBRECIPIENT for the *u •ose of carrvin. on
the
•ro'ects stated herein and a..roved by the COUNTY in accordance with the Uniform
Relocation Assistance and Real Pro.ert Ace uisition Policies Act of 1970 and 49 CFR
24.101 shall be sub'ect to the •rovisions of CDBG including
•rovisions on use and dis.osition of •ro e . but not limited to the
SUBRECIPIENT control which is ac.uired or im.rov drain whole or s*art with CDBG e within the
funds in excess of$25 000 must adhere to the CDBG Re_ulations at 24 CFR 570.505.
34. As .rovided in • 287.133, Florida Statutes b enterin• into this A
an work in furtherance hereof. the SUBRECIPIENT certifies that eitt or its s
its` affiliat s•
su.*Hers subcontractors and consultants who will •erform hereunder have not been
.laced on the convicted vendor list maintained b the State of Florida Desartment of
Mana ement Services within the 36 months immediate) .recedin. the date hereof. This
notice is re aired b 287.133 3 a .Florida Statutes.
35. No Federal a..ro*Hated funds have been said or will be said b or on behalf of the
undersi_ned to any •erson for influencin• or attem•tin_ to influence an officer or
ern.lo ee of an a•enc . a Member of Con• ess. an officer em.lo ee of a Member of Con• ess in connection with othe award notfoa_ ess or al
contrac the makint of an Federal u ant the makin• of an Federal
of an coo•erative a. eement, and the extension, continuation. renewal amend en into
modification of anv Federal contract, . ant, loan, or coo.erative a_ eement.
If an funds other than Federal a..ro.riated funds have been said or will be aid to an
•erson for influencin_ or attem•tin• to influence an officer or emelovee of an a•enc ' a
Member of Con• ess an officer or em.lovee of Con•
Con. ess in connection with this Federal contract, _ ant loan no coo.erative a. -ement
ere t
the undersi•ned shall corn•lete and submit Standard Form-LLL 'Disclosure Form
Re.ort Lobb int."in accordance with its instructions. rm to
The undersi• ed shall re.uire that the Ian•
a
award documents for all sub-awards at all t a of
includin.f cation subcontrbe
included in the acts sub-. ants
contracts under • ants loans and cooserative a reements and that all SUBREC PIENTS
shall certif and disclose accordin I .
36. Travel reimbursement will be based on the U.S. General Services Administrati
er diem rates in effect at the time of travel. �n GSA
J7. An rule or re.ulation determined to be as licable by HUD.
38. Florida Statutes 713.20. Part 1. Construction Liens
39. Florida Statutes 119.021 Records Retention
40. Florida Statutes. 119.071, Contracts and Public Records.
Amendment No.1 CD10-13
Community Redevelopment Agency(CRA)Immokalee
First Street Plaza(Zocalo)Project
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VII• ADMINISTRATIVE RE UIREMENTS
B. DOCUMENTATION AND RECORDKEEPING
1. SUBRECIPIENT must keep and maintain all public records that ordinaril and nece
would be required b the COUNTY to perform the service. ssanl
2 All reports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of
this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any
time upon request by the COUNTY or HHVS. Upon completion of all work contemplated
under this Agreement copies of all documents and records relating to this Agreement
be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all
g shall
documents and records p
fashion in a readil accessible, permanent and secured location for !n a--aly
expiration of this A_ eement with the followin• four 4 ears after
is started before the expiration date of the four exception: .eriodi•the records will ll be
maintained until all liti_ation, claim or audit findin•s involvin• wll l d.
The COUNTY shall be informed in writin• these records are resolved.
this A. eement of the address where the re cords are to be akept as outlined in 24 C R of
85.42. SUBRECIPIENT must meet all requirements for retainin• •ublicords and
records CFR at no cost. to COUNTY all public records in possession of the SUBRECIPIENT
upon termination of the contract and destro an duplicate public records that are exempt
or confidential and exempt from public records disclosure repuirements. All records stored
electronical] ' must be provided to the COUNTY in a format that is com atible with the
information technolo• s stems of the COUNTY
10. SUBRECIPIENT must provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records and at a cost that does not
exceed the cost provided in Chaster 119. Florida Statutes or as otherwise provided b law.
SUBRECIPIENT must ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized
bylaw.
C. REPORTS, AUDITS, AND EVALUATIONSIMONITORINGj
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 as deemed necessary b the Count Manager or designee.
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to
Amendment N . I CD10-13
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the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end.
Arnsto
The SUBRECIPIENT agrees that HHVS will carry out per-indie 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. 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 annual—audits-5 information and status
reports required by HHVS 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.
* *
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.
Purchasing Threshold Policy
Dollar Range($) Quotes
Under$3K 1 Written Quote
$3K to $50K 3 Written Quotes
Request for Proposal (RFP)
Above $50K Invitation for Bid(IFB)
1. 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. Any balance of unobligated funds which have been advanced or paid must be
returned to the Countv.Any funds paid in excess of the amount to which SUBRECIPIENT is entitled
under this Agreement must be refunded to the COUNTY. In addition to the records retention outlined in
Section X.B.3, the SUBREC1PIENT 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 215.97. Florida Single Audit Act.
* * *
Amendment No. 1 CD10-13
Community Redevelopment Agency(CRA)Immokalee
First Street Plaza(Zocalo)Project
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XI, REVERSION OF ASSETS
Upon expiration of the Agreement, the SU_ '. -r to the COUNTY any
_.. -- - . .
- _ . .
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).
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 subject to the conditions outlined in 24 CFR 84.35.
Amendment No.1 CD10-13
Community Redevelopment Agency(CRA)Immokalee
First Street Plaza(Zocalo)Project
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EXHIBIT "A"
SCOPE OF SERVICES
COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY(CRA)IMMOKALEE
Immokalee CRA- Public Facility
A. PROJECT SCOPE:
The Immokalee Community Redevelopment Agency (CRA) will use Community Development
Block Grant (CDBG) funding in the amount of $810,000.00 unless an additional $150,000 of
grant funds is allocated by the Board of County Commissioners in a Substantial Amendment to
the County's Action Plan. If so, the SUBRECIPIENT shall be reimbursed by the COUNTY using
HUD funding for allowable costs, determined by COUNTY, in an amount not to exceed NINE
HUNDRED SIXTY THOUSAND AND 00/100 DOLLARS (U.S. $960,000)for the acquisition of
two adjacent parcels of land and subsequent design and building of the First Street Public Plaza in
the downtown area of Immokalee, Florida. The design will include one gateway for the central
commercial district. The Plaza will be located at the N€NW corner of First and Main Street.
Land Acquisition. Design and Construction/design-b activities/items/services may include but
not be limited to: closing costs, impact fees, pre-design/design, permitting, pedestrian walkway
sidewalk,and roof structure; the columns,fencing, landscaping and hardscaping (pavers)bella
fountain. Optional "add-alternate" items include: 1) minor design modifications to the
concrete/stucco art wall along the western property line, 2)a total upgraded wall along the western
property line, and/or 3) a large focal point sculpture on the southeast corner of the lot. Project
earthwork to will include site grading. a stormwater conveyance system, landscaping and the
installation of utilities (Irrigation,potable water lines and electric). The detailed project scope will
be contained in the schedule of values awarded the project's construction contract. The project
construction contract will include details sufficient to document the number, amount, and costs
associated with all activities.
B. BUDGET
Collier County Housing, Human and Veteran Services is providing Eight Hundred and Ten
Thousand Dollars ($810,000.00) unless an additional $150.000 of grant funds is allocated by the
Board of County Commissioners in a Substantial Amendment to the County's Action Plan. If so,
the SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable
costs, determined by COUNTY, in an amount not to exceed NINE HUNDRED SIXTY
THOUSAND AND 00/100 DOLLARS (U.S. $960.000) in CDBG funding for the project scope
described above.
Line Item Description CDBG Funds
Acquisition of two parcels of land/closing $210,678.19
costs,and impact fees $ 240,132.17
Amendment No 1 CD10-13
Community Redevelopment Agency(CRA)Immokalee
First Street Plaza(Zocalo)Project
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All Construction/Design-Build Activities as $9°�J'83
listed in scope $ 810,000.00
TOTAL *150 000 00
*5 960,000.00
*Contingent upon Approval of Substantial Amendment to the Action Plan and BCC
approval
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.
All services specified in Section 1. Scope of Services shall be performed by SUBRECIPIENT employees,
or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal
requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest.
responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and
monitored by HHVS.which shall have access to all records and documents related to the project.
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion
or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of
quarterly progress reports. Invoices for work performed are required every month. SUBRECIPIENT may
expend funds only 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 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. Reimbursement will not
occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement.
Final invoices are due no later than 90 days after the end of the agreement. Work performed during the
term of the program but not invoiced within 90 days without written exception from the Grant
Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant
compliance and adherence to any and all applicable local. state or Federal requirements. Payment will be
made upon receipt of a properly completed invoice and in compliance with X218.70, Florida Statutes,
otherwise known as the"Local Government Prompt Payment Act."
C. PROJECT WORK PLAN
The following Project Work Plan is in effect for program monitoring requirements only and as
such, is not to be used as a payment schedule.
Date Start I Date End I Work Plan
Amendment No.1 CD10-13
Community Redevelopment Agency(CRA)lmmokalee
First Street Plaza(Zocalo)Project
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01/24/2012 05/30/12 Aesuisition of .arcels and closin_ Im.actFees
01/25/2012 10/30/12 Begin Bid Process Amok
01/2012 10/30/12 Procure eligible design architect
01/2012 11/30/12 Award Design Contract
01/30/13 Pre-Design/Master Planning&Preliminary Design/Master
01/2012 Plannin_
6/17/13 7/0_ 1/13 Submit Procurement Packet to Purchasint includes SDP
and draft le.al advertisement
6/18/13
7/30/13 Purchasin Review/OMB/HHVS Review
7/03/13 8/15/13 Public Notice
44 88 - -
01/2012 Bidding and Permits
8/05/13
8/5/13 8/5/13 Open s
8/6/13 8/9/13 Tabulate Bids and draft Executive Summa
9/10/1.3 10/22/13 Board of County Commissioners Contract A•*royal
9/10/13 10/31/13 Circulate Contract for signatures
9/10/13 10/31/13 Issue GC NTP •urchasin• loads contract into SAP PM
creates •urc=`uisition.Finance a.•roves
01/2012 -1-0 Construction Performance Period - - - :. -
3/03/14 - ' azasss: J =i''"
3/3/14 5/31/14 Ins ection
ps close out&p_errnits
* * *
Amendment No 1 CD!0-13
Community Redevelopment Agency(CRA)Immokalee
First Street Plaza(Zocalo)Project
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W EREOF,the Parties have executed this Second Amendment on date and year first
IN WITNESS Vt H
written above.
ATTEST:
BOARD OF CUOUNTY
FCOMMI SIONERS OF
DWIGHT E. BROCK,CLERK COLLIER CO
By: CHAIRWOMAN
GEORGIA A.HILLER,ESQ.,
Dated:
(SEAL)
Collier County Community Redevelopment Agency
ATTEST:
DWIGHT E.BROCK, CLERK (CRA) Immokalee
Dated:
(SEAL)
By:
Subrecipient Signature
Tim Nance Chairman Collier County
Community Redevelopment Agency-Immokalee
Type/print Subrecipient name and title
Approved as to form and legality:
Jennifer A. Belped o
Assistant County Attorney
Amendment No. 1 CDlO-13
Community Redevelopment Agency(CRA)Immokalee
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