Agenda 10/22/2013 Item #16D19 10/22/2013 16.D.19.
EXECUTIVE SUMMARY
Recommendation to approve amendments to two FY2012-2013 subrecipient agreements between
Collier County and Immokalee Non-Profit Housing, Inc. d/b/a Immokalee Housing & Family
Services (IHFS) for two Community Development Block Grant (CDBG) projects previously
approved by the Board on May 14,2013. (Fiscal Impact$0).
OBJECTIVE: Allow the subrecipient additional time to deliver upgrades to the Sanders Pines
Community and the Timber Ridge(Carl J. Kuehner)Community Center in Immokalee.
CONSIDERATIONS: The Board of County Commissioners approved a substantial amendment of
HUD annual Action Plans on May 14, 2013 (Agenda Item 16D10). The substantial amendment to the
FY2012-2013 HUD Annual Action Plan included the Sanders Pines Playground Upgrades and the Timber
Ridge(Carl J.Kuehner) Community Center Upgrades. The project scope for each project stated:
SANDERS PINES PLAYGROUND UPGRADES
Project Component #1: The purchase, replacement, installation.. disposal and shipping costs of
playground equipment including park benches not to exceed 8, picnic tables not to exceed 2, 1 installed
playground border as required by the Department of Children and Families (DCF) and bicycle racks not
to exceed 4.
Project Component #2: The purchase, replacement, installation, disposal and shipping costs of
multifamily mailboxes not to exceed 3.
TIMBER RIDGE(Carl J. Kuehner) COMMUNITY CENTER
Proiect component#1: Community Center-consisting of the purchase, replacement, installation, disposal,
and shipping costs of recovering 8 deteriorating exterior awnings.
Project Component #2: The purchase, replacement, installation, disposal and shipping costs of
playground equipment including garden benches and picnic tables not to exceed 2 of each; 1 tetherball, 1
sandbox and cover; 1 seesaw, 1 climber, art easels not to exceed 4 and I installed playground border as
required by the Department of Children and Families (DCF).
Project Component #3: The purchase, replacement, installation, disposal and shipping costs of
multifamily mailboxes not to exceed 3.
Modifications to the subrecipient agreements for each project are needed in order to allow IHFS ample
time to complete environmental requirements prior to beginning the projects, as required per HUD
regulations.
Notable modifications to both agreements include:
1. TIME OF PERFORMANCE; Paragraph II. Revise to extend each project by 121 days, with the
Project completion end date; up to and including February 28, 2014.
2. Additional Provisions; State law(Chapter 2013-154 Laws of Florida) Section III and IX
The proposed modifications are allowable under the grant, and will not increase nor decrease the amount
of grant funds or impact the budget for these projects.
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Immokalee Non Profit Housing, Inc. (INPH) d/b/a Immokalee Housing and Family Services
(IHFS) is affiliated with Florida Non Profit Housing Services (FNPS). Carl J. Kuehner, is the
Chairman of FNPS and was on the board of INPH at the time of grant award. A recent audit by
the Collier County Clerk's Office identified deficiencies in a HUD project with FNPS. On
October 14, 2013 Mr. Kuehner resigned as a member of the board of INPH. Mr. Kuehner has
assured staff that he will no longer be affiliated with this project.
FISCAL IMPACT: There will be no effect on ad-valorem or general fund dollars. The subrecipient
agreement amendments under consideration deal with time of performance and contract
provision updates and as such this item has no new fiscal impact. Funds for the projects are
presently budgeted as follows:
1. Timber Ridge: Housing Grant Fund(705)
CDBG Project(33176) $18,250.00
2. Sanders Pines: Housing Grant Fund (705)
CDBG Project(33088) $5,216.89 and
Housing Grant Fund(121)CDBG Project(44505) $8,283.11
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 authorizes the
Chairwoman to execute two amendments to the FY2012-2013 agreements between Collier County and
Immokalee Non-Profit Housing, Inc. d/b/a Immokalee Housing&Family Services.
Prepared By: Sandra Marrero, Grants Coordinator; Housing,Human&Veteran Services
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.19.
Item Summary: Recommendation to approve amendments to two FY2012-2013
subrecipient agreements between Collier County and Immokalee Non-Profit Housing, Inc.
d/b/a Immokalee Housing& Family Services (IHFS) for two Community Development Block
Grant (CDBG) projects previously approved by the Board on May 14, 2013. (Fiscal Impact$0).
Meeting Date: 10/22/2013
Prepared By
Name: MarreroSandra
Title: Grants Coordinator,Housing, Human&Veteran Services
9/20/2013 1:32:22 PM
Submitted by
Title: Grants Coordinator,Housing,Human&Veteran Services
Name: MarreroSandra
9/20/2013 1:32:23 PM
Approved By
Name: AlonsoHailey
Title: Operations Analyst,Public Service Division
Date: 9/23/2013 3:53:23 PM
Name: GrantKimberley
Title: Interim Director
Date: 9/23/2013 9:39:23 PM
Name: SonntagKristi
Date: 9/25/2013 3:21:37 PM
Name: MagonGeoffrey
Title: Grants Coordinator
Date: 9/27/2013 11:14:14 AM
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Name: Bendisa Marku
Amook
Title: Operations Analyst,Wastewater
Date: 9/27/2013 12:14:52 PM
Name: MesaNancy
Title: Accountant,Housing, Human&Veteran Services
Date: 9/27/2013 12:46:57 PM
Name: CarnellSteve
Title: Purchasing/General Services Director
Date: 10/9/2013 10:04:55 AM
Name: RobinsonErica
Date: 10/9/2013 10:22:59 AM
Name: BelpedioJennifer
Title:Assistant County Attorney,County Attorney
Date: 10/15/2013 9:30:16 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 10/15/2013 9:52:46 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/15/2013 10:31:21 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 10/15/2013 12:36:52 PM
Name: OchsLeo
Title: County Manager
Date: 10/15/2013 1:18:07 PM
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Grant#-B-11-UC-12-0016
CFDA/CSFA#- 14.218
( Subrecipient—Immokalee Non-Profit
Housing, Inc. d/b/a Immokalee Housing
& Family Services
DUNS#-849855549
FETI#-59-2716833
FY END-12-31
Monitoring Deadline 9-30-18
AGREEMENT BETWEEN COLLIER COUNTY
AND
IMMOKALEE NON-PROFIT HOUSING, INC. d/b/a IMMOKALEE HOUSING& FAMILY
SERVICES
TIMBER RIDGE (CARL J. KUEHNER) COMMUNITY CENTER UPGRADES
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 "Immokalee Non-Profit Housing, Inc. d/b/a Immokalee Housing
& Family Services", a private not-for-profit corporation existing under the laws of the State of Florida,
having its principal office at 2449 Sanders Pines Circle, Immokalee, FL 34142.
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 life in Collier County by providing infrastructure improvements, public facilities, and
other activities which are related to neighborhoodicommunity 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 eligible activities for the benefit of low and moderate-income
residents; and
WHEREAS, the Board of County Commissioners of Collier County approved various Collier County
Consolidated Plans and Annual Action Plans for the CDBG Program; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning
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the preparation of 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, 2013 the COUNTY approved substantial amendments to various year's
Annual Action Plans providing CDBG funds in the amount of 518,250 to Immokalee Non-Profit Housing,
Inc. d/b/a Immokalee Housing & Family Services for Community Center Upgrades located at 2726
Wilton Court,Immokalee, Fl 34142; and
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
1. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing CDBG funds, as determined by Collier County Housing, Human and
Veteran Services (HHVS),perform the tasks necessary to conduct the program outlined as follows:
The FY 2011-2012 Amended Annual Action Plan provides for rehabilitation
upgrades to the Timber Ridge Community Center.
Project component #1: Community Center- consisting of the purchase, replacement,
installation, disposal, and shipping costs of recovering 8 deteriorating exterior
awnings,
Project Component #2: The purchase, replacement, installation, disposal and
shipping costs of playground equipment including garden benches and picnic tables
not to exceed 2 of each; 1 tetherball, 1 sandbox and cover; 1 seesaw, 1 climber, art
easels not to exceed 4 and 1 installed playground border as required by the
Department of Children and Families(DCF).
Project Component #3: The purchase, replacement, installation, disposal and
shipping costs of multifamily mailboxes not to exceed 3.
Specifically, improvements identified for funding are outlined in the budget in
Section 111,
The detailed project scope will be contained in the schedule of values awarded. The
project's invoices will include details sufficient to document the number, amount
and costs associated with all activities for payment.
All activities funded with CDBG funds must meet one of the CDBC program's National Objectives:
benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet
community development needs having a particular urgency, as defined in 24 CFR 570.208
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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 of this Agreement and the provisions herein may be extended by amendment to cover
any additional time period during which the SUBRECIP1ENT remains in control of CDBG funds or other
CDBG assets, including program income.
III. AGREEMENT AMOUNT
The COUNTY agrees to make available EIGHTEEN THOUSAND TWO HUNDRED AND FIFTY
DOLLARS (S18,250) for the use by the SUBRECIPIENT for TLVIBER RIDGE (CARL J. KUEHNER)
COMMUNITY CENTER UPGRADES during the Term of the Agreement (hereinafter, the aforestated amount
including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s)
to the Agreement, shall be referred to as the "Funds"). The SUBRECIPIENT project budget shall be as follows:
Line item Description i CDBG
Funds
Project Component#1-Community Center-Recover awnings $6,925
Project Component#2-Playground equipment $8,215
Project Component#3-Mailboxes $3,110
TOTAL $18,250
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 be made with board approval.
All improvements specified in Section I. Scope of Services shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and
Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest,
responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and
monitored by HHVS, which shall have access to all records and documents related to the project.
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or
partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of quarterly
progress reports. Invoices for work performed are required every month. If no work has been performed during
that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be
required. Explanations will be required if two consecutive months of 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 are due no later than 90 days after the end of the agreement. Work performed during
the temu 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."
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The following table details the project deliverables and payment schedule.
Deliverable Payment Schedule
Project Component#1- ", Submission of monthly invoices on AIA
Community Center-Recover 8 I G702-1992 form or equivalent document.
awnings Final 10%(692.50)released upon
documentation of awning upgrade
completed. Supporting documents must be
provided as back up.
Project Component#2- Submission of monthly invoices on AIA
Playground equipment G702-1992 form or equivalent document.
Final 10%($821.50)released upon
documentation of playground upgrade
completed. Supporting documents must be
provided as back up.
Project Component#3- Submission of monthly invoices on ALA
Mailboxes G702-1992 form or equivalent document.
Final 10%($311.00)released upon
{ documentation of Mailboxes installed and
complete. Supporting documents must be
provided as back up.
Individuals Served
Proof that a minimum of 300 N/A
individuals have been served
via exhibit D
Inventory
Submittal of asset inventory N/A
for equipment purchased
annually
IV. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or
sent as aforesaid shall be effective on the date of delivery or sending. All notices and 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 A ll'ENTION: Sandra Marrero,Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples,Florida 34112
(239)252-2399
• sandramarreroru�coll iergov.net
SUBRECIPIENT ATTENTION: Susan Golden,Executive Director
Immokalee Non-Profit Housing,Inc.
d/b/a
Immokalee Housing&FamiIy Services
Immokalee Non-Profit Housing,Inc.
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V. ADDITIONAL CONDITIONS AND COMPENSATION
The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY
and HUD governing CDBG funds pertaining to this Agreement. in the event of curtailment or non-production
of said federal funds,the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions
of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination
shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole
discretion and judgment, that the Funds are no longer available. In the event of such termination, the
SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of
the County Commissioners and /or County Administration, personally liable for the performance of this
Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms
of this Agreement.
VI. GENERAL CONDITIONS
A. SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
B. GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community
Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the
SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604
and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process
under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable
Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available.
C. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or
establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times
remain an "independent contractor" with respect to the services to be performed under this Agreement. 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
SUBRECIPIENT is an independent contractor.
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D. AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a duly
authorized representative of each organization, and approved by the Grantee's governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its
obligations under this Agreement. No amendments to this agreement will be granted ninety' (90) days prior to
end date of this agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or Iocal
governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments
result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of
this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee
and SUBRECIPIENT.
Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time
period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days
and modify any subsequent project work plans to reflect the extension. The request must be submitted no later
than ninety(90)days prior to end date of this agreement.
E. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses,
costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors,
patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of
the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of
any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall
pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall
survive the termination and/or expiration of this Agreement. This section does not pertain to any incident
arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver
of sovereign immunity beyond the limits set forth in Section 768,28,Florida Statutes.
F. GRANTEE RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of the sponsorships of the Program, research reports and similar public notices prepared and
released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement:
"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
DEPARTMENT"
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and shall appear in the same size letters or type as the name of the SUBRECIPIFNT. This design concept is
intended to disseminate key information regarding the development team as well as Equal Housing Opportunity
to the general public. Construction signs shall comply with applicable COUNTY codes.
G. TERML4ATION
In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the
SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not
limited to), the following:
1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such
statutes, regulations, executive orders, and HUD guidelines, policies or directives as may
become applicable at any time;
2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this Agreement;
3, Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in
any material respect.
In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the
Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the
effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a
partial termination, the Grantee determines that the remaining portion of the award will not accomplish the
purpose for which the award was made, the Grantee may terminate the award in its entirety.
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 SUBRECEIPIENT'c
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 525,000 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 570901) 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
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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.
VIII. INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all
insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times
during its performance.
IX. ADMINISTRATIVE REQUIREMENTS
A, EXAMINATION OF RECORDS
The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506
to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable
laws and regulations. This documentation shall include, but not be limited to, the following:
B. DOCUMENTATION AND RECORDKEEPING
1,
All records required by CDBG.
2. All reports, plans, surveys, information, documents, maps, books, records and other data
procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the
purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence
shall be in accordance with generally accepted accounting principles, procedures and practices,
which sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, including matching funds and Program Income. These records
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.
Upon completion of all work contemplated under this Agreement copies of all documents and
records relating to this Agreement shall be surrendered to HHVS if requested. In any event the
SUBRECIPIENT shall keep all documents and records 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 Iitigation, claim or audit is started before the expiration date
of the four (4) year period, the records will be maintained_until all litigation, claim or audit
findings involving these records are resolved. The COUNTY shall be informed in writing if an
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agency ceases to exist after closeout of this Agreement of the address where the records are to be
kept as outlined in 24 CFR 85.42.
4. The SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Law,
including files containing contractor payrolls,employee interviews, Davis-Bacon wage rates, and
administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor
compliance with the Contract Work Hours and Work Safety Law. Similarly, the
SUBRECIPIENT shall maintain records showing compliance with federal purchasing
requirements and with other federal requirements for grant implementation.
5. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served and documentation that all households are eligible under HUD Income
Guidelines. The SUBRECIPIENT agrees that EIFIVS shall be the final arbiter on the
SUBRECIPIENT's compliance.
6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR
570.208 and the eligibility requirement(s) under which funding has been received, have been
met. These also include special requirements such as necessary and appropriate determinations
as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries,
where applicable.
C. REPORTS AND EVALUATIONS (MONITORING)
Reimbursement may be contingent on the timely receipt of complete and accurate reports required by
this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed
necessary by the County Manager or designee.
During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15'h
day of January, April, July and October respectively for the prior quarter period end. As part of the report
submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the
agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data
on client feedback with respect to the goals and objectives set forth in Exhibit "D". Exhibit "D" contains an
example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be
required by the County Manager or their designee in the event of Program changes; the need for additional
information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested
documentation not received by the due date shall be considered delinquent and may be cause 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 catty out no less than one (1) annual on-site monitoring
visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the
activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon
satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status
reports required by HHVS 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.
iminokakc Non-Prolii Housing,Inc,
d/b/a
immokalce Housing&Family Services
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Such site visits may be scheduled or unscheduled as determined by HHVS or HUD.
D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD
REQUIREMENTS
The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available for specified activities.
E. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the thresholds of Collier County Purchasing Policy.
Purchasing Threshold Policy
Dollar Range ($) Quotes 1
Under$3K I Written Quote
Above$3K to $10K 3 Written Quotes
Above$I0K to $50K T 3 Written Quotes
Request for Proposal (RFP)
Above 550K I Invitation for Bid (IFB)
F. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as the COUNTY (and/or its representatives)may
deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data
relating to all matters covered by the Agreement for review, inspection or audit,
G. PROGRAM-GENERATED INCOME
Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any
activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY, utilized by the
SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c)in the operation of the Program.
H. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to: making final payments,
disposing of program assets (including the return of all unused materials, equipment, 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.
lmmokalee Non-Profit Housing, Inc.
d/b/a
Immokalee Housing&Family Services
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N. OTHER PROGRAM REQUIRIMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to,
discrimination under any activity carried out by the performance of this Agreement on the basis of race, color,
disability, national origin, religion,age, familial status, or sex. Upon receipt of evidence of such discrimination,
the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or owned
in substantial part by persons residing in the project areas shall be awarded contracts in connection with the
project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of
1968,
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises,
and women's business enterprises the maximum practicable opportunity to participate in the performance of this
contract. As used in this contract, the terms"small business"means a business that meets the criteria set forth in
section 3(a) of the Small Business Act, as amended (15 U .S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one (51)percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking,
Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The
SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and
female business enterprises in lieu of an independent investigation.
C. PROGRAM BENEFICIARIES
At least fifty-one percent. (51%) of the beneficiaries of a project funded through this Agreement must be
low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or
serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this
Agreement must reside in unincorporated Collier County or in municipalities participating in the County's
Urban County Qualification Program.
D, AFFIRMATIVE ACTION PLAN
The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's
specifications an Affirmative Action Program in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to
the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for
an Affirmative Action Program for approval prior to the award of funds.
Immokalee Non-Profit Housing,Inc.
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E. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the
Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this
Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the
SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611
"Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing
conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall
be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so
as not to unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of low and moderate-income residents of the project target area.
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 570.2000). The SUBRECIPIENT shall comply
with First Amendment Church/State principles as follows:
a. It will not discriminate against any employee or applicant for employment on the basis of religion
and will not limit employment or give preference in employment to persons on the basis of religion
b. It will not discriminate against any person applying for public services on the basis of religion and
will not 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 of its religious beliefs,provided that
it does not use direct CDBG funds to support any inherently religious activities, such as worship,
religious instruction or proselytizing
d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the
extent that those structures are used for inherently religious activities. Where a structure is used for
both eligible and inherently religious activities, CDBG funds may not exceed the cost of those
portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in
accordance with the cost accounting requirements applicable to CDBG funds in this part.
Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal
place of worship, however, are ineligible for CDBG funded improvements.
XII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
(Signature Page to Follow)
Immokalee Non-Profit Housing,Inc.
d/b/a
rmmokalee Housing&Family Serviees
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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.
ATTEST: BOARD OF COtINTY OMMI TONERS OF
DWIGHT E. BROCK,CLERK COLLIER couNr4 FJORID
° a.,4401 W Al• By:
• 711111111.
ttest aslot GEORGIA‘A. 1'1 ER, ESQ., CHAIRWOMAN
A . s
signature only.
Dated: aD 40.
( `EAL)
IMMOKALEE NON-PROFIT HOUSING, INC.
d/b/a IMMOKALEE HOUSING & FAMILY SERVICES
By: j'4€34),(N --
usan M. Golden
Stk -OLVN GOIAVOk,
Susan M. Golden, Executive Director
Approved as to form and legal sufficiency:
Jen.m,iir B. White, Assistant County Attorney
Immokalee Non-Profit Housing, Inc.
d/b/a
Immokalee Housing&Family Services
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EXHIBIT"A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services
Department. 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing
insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and S2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County shall be named as an additional
insured.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than 51.000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of
the services performed by the SUBRECIPIENT or any person employed by the
SUBREECIPIENT in connection with this contract. This insurance shall be maintained for a
period of two (2) years after the certificate of Occupancy is issued. Collier County shall be
named as an additional insured.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBREC1PEINT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any
construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one
hundred (I 00%) percent of the insurable value of the buildings)or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
Immokalee Non.Profit Housing,inc.
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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 Iocated in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, flood insurance
under the National Flood Insurance Program is obtained and maintained as a condition of
financial assistance for acquisition or construction purposes (including rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be kept
in force throughout the duration of the loan and/or contract:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less that $1,000,000 combined single limit for
combined Bodily Injury and Property Damage, Collier County as an additional insured.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred
(100%) of the replacement cost of the property. Collier County must be shown as a Loss payee
with respect to this coverage A.T.I.M.A,
11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program (■FIP), The policy must show Collier County as a Loss
Payee A.T.I.M.A.
lmmokalee Non-Profit Housing,Inc.
d./h/a
immoltaiee Housing&Family Services
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EXHIBIT "B"
COLLIER COUNTY HOUSING,HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: Immokalee Non-hrofit Housing,Inc. d/b/a Immokalee Housing& Family
Services
Sub recipient Address: 2449 Sander Pines Circle, Immokalee,FL 34142
Project Name: Timber Ridge (Carl J. Kuehner)Community Center Upgrades
Project No: CDS 13-03 Payment Request#
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
$ 18,250
2. Sum of Past Claims Paid on this Account
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
4. Amount of Previous Unpaid Requests
5. Amount of Today's Request
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests) $
I certify that this request for payment has been drawn in accordance with the terms and conditions of the
Agreement between the COUNTY and us, as the SUBRECIPIENT. I also certify that the amount of the
Request for Payment is not in excess of current needs.
Signature Date
Title
Authorizing Grant Coordinator
Supervisor (approval authority under$14,999)
Dept Director (approval required$15,000 and above)
immokaiee Non-Profit Housing,Inc.
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lrnrnokalee Housing&Family Services
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EXHIBIT "C"
RELEASE AND AFFIDAVIT FORM
CONSTRUCTION ONLY
The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies,
lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against
any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida
Statutes Chapter 713,02 Part I —Waiver or Release of Liens
This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final) Request
for Payment.
lmmokalee Non-Profit Housinn, Inc. d/b/a
Immokalee Housing&Family Services
Witness: BY:
BY: ITS: Executive Director
DATE:
Print name and title
STATE OF .
COUNTY OF
The foregoing instrument was acknowledged before me this day of 20 by
as of
A Choose Not-For-Profit, or Corporation or Municipality on behalf of
Choose Not-For-Profit, Corporation or Municipality . He/She is personally known to me OR has
produced as identification and who did (did not)take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
Immokalce Non-Profit Housing,Inc.
d/b/a
Immokalee Housing&Family Services
CDBG(CDS 13-03)
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EXHIBIT "D"
QUARTERLY PROGRE SS REPORT
Sub-recipients:Please fill in the following shaded areas of the report
Lramokuicc Nora-Profit housing,Inc.
dib/a
lrimmokalee'Housing&Family Services
Agency Name: Date:
Project Title: Timber Ridge(Carl J.Kueluier)Community Center Upgrades
Program Contact: Susan M.Golden
Alternate
_ ....__ �,.. C.'ontact ....,
Telephone Number: (239)557-8333
`REPORT FOR QUARTER ENDING:(check one that applies to the
corresponding grant period): ❑7/31/13 10/31/13 t_.1 _i' ❑ '..,❑
Please take note: Each quart erly report needs to include cumulative data beginning from the start of the agreement date of May 14,2013.
Please list the outcome goai(s}from your approved application&sub-recipient agreement and indicate your progress in meeting thus
1, goals since_April 23 2013.
A.Outcome Goals. list the outcome goals)from your approved application&subrecipient agreement.
Outcome Targe'a m„;;mum of 300 individuaio who benefitnom tmsctirrtty
Outcome 2 Sign grant agreement on may'14 201.3.
Outcome 3: Order playground equipment,s iaiiboxes,etc b Ma,31 2013 r
Outcome 4:_Order/Purchase replacement awnings by June 30;:2013 `
Outcome 8: Accept delivery of eq 1pment by Ju}y 1 2013 < ,
Outcome 5. install equipment anti replace awnings by July31 2073 -
Outcome 7:Submit for reimbursement and close outprolect oy,-Aua X13}�2D33 r �, s f
a ,:.�� fir.#fj ti � �.� 5+f'jY �� t�.� �
'� F ps .t
y � Sys `rt' � � .��'—�.` �>
_ a
Y _
B.Goal Progress:Indicate the progress to date in meeting each outcome goat.
Outco ne 1: ^
lmmokalee Non-Profit Housing,Inc.
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lmmekalee Housing&Family Services
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is this project still In compliance with the original project schedule?If more than 2 months behind schedule,must submit a new timeline
2. for approval.
Yes No
If no explain:
s
(I
3. 1 Since May 14,2013,of the persons assisted, how many..,.
a. ,..now have new access(continuing)to this service or benefit?
b. ...now has improved access to this service or benefit? ,`-
c. ...now receive a service or benefit that is no longer substandard?
TOTAL: 0
4. What funding sources are applied for this period t program year?
Section 108 Loan Guarantee HOPWA _
Other Consolidated Plan Funds s
CDBG
Other Federal Funds ESG
State/Local Funds
HOME
Total
Entitlement $
Total Other Funds - Funds -
Immokaice Non-Profit Housing,Inc.
d/bfa
immokalee Housing Vic.Family Services
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EXHIBIT "D"
UARTERLY PROGRESS REPORT
5. !What Is the total number of UNDUPLICATED clients served this quarter,if applicable?
a. Total No of lieu!!females served ;9. Taal No of females served under 18 =0
Tool No of a it makes served: p` Total No of mesas served wow 18 Q'
TOTAL: 0 TOTAL' 0
C. Total Na.of families served: •,L O. Total No.of female head or household. 0'.,.
E. What is the total number of UNDUPLICATED cUenta served since October,If applicable?
a. Total number of adult tamales served .0':, Total number of females served under 18:
b. Taal n,rmber d aduu males served =0':, Total number of maw served under 18
TOTAL: 0 TOTAL: 0
e. Total No.of lentos served: 0 To:el No.of tams%need of rotsehob o'°
Complete EITHER question#7 OR R.Complete question#7,i your program o_ly saves clients In one or more of the listed F[D Presumed
Benefit categories. Complete question#8 it any client in your program does not fall into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION T AND 8.
7. [PRESUMED BENEFICIARY DATA B. JOTHER BENEFICIARY DATA INCOME RANGE
Indicate the total number of L1IWfp R1 .AI Q
persons served since October 1 who fall into Indicate the total number of uftuzupr Ina TED persons
each presumed benefit category (the fora' served since October 1 who felt Into each income
should equal roe Sofa/in question 0G): category Itft total should equal Me total in pnrestion#5}:
Report es: Report as:
0.. Chiktren 0 Extremely ow Income(0-3045)
0 Homeless Person 0 s.Low Income(31-50%)
0 Battered Spouses o`:;Moderate income(51-80%)
0 ,:::Persons wtHMADS o -Above Moderate income(>80%)
o Eraerty Parsons
0 Veterans
0- Ch ronic:31M Mersey P:
0,-.?'Physically Disabled Adults
•Other-Youth
TOTAL: C TOTAL: 0
8. 'Racial&Etfnntc Data: (it app @table)
Please indicate how many 17NDUPLICATED clients served Since October tall Into each race category.In addition
to each race category,please Indicate how many persons in each race category consider themselves Hispanic
(Total Race column should equal the total cell).
RACE ETHNICITY
Wni ni whom,how many are Hispten.?
eackrAcican A.mercc i 0 0 ;ai whom,how many are aspar.c7
Asp. -,0 0 ;of whom,how many are Miocene?
A-re-can I^.rlaNNeska Na:ice 0 ;a!wham,how many ere Hkspame7
Natrre HiawsuerVOihor Pecyic isianae, A a enem,row many are thspanc7
American FrdiantAraskan Native&White 0. : .0 of whom,tow many are ltspane7
BlacieAlrcen American&While 0:_ tS.';of whom,now many are Hespantc?
Am.Inoa'Alaska Native&fleck/Mean A-n D, : 0=..-of whom.now many we Ms-parse?
Other M tl-racia 0 Ii;W whom,how many are Hispanic?
Other ..,.0 .D. ;o'wtum,tow many are Hispanic?
TOTAL: C 0 TOTAL HISPANIC
Noire.
S ymaluo:
Your typed inane here remreserns your eirlronv.
Title.
signatu%
ifnmokalee Non-Profit{-lousing,Inc.
d/his
lmmokalce Housing&Family Services
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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
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
❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as
indicated above and expect to complete our Circular A-133 audit by . Within
30 days of completion of the A-133 audit, we will provide a copy of the audit report and
management letter.
We are not subject to the requirements of OMB Circular A-133 because we:
❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year
indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons —explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
(If findings were noted, please enclose a copy of the responses and corrective action plan.)
Certification Statement
I hereby certify that the above information is true and accurate.
Signature ; Date
Print Name and Title
I mmokalee Non-Profit Housing,Inc.
dih;a
Immokalec Housing&Family Services
C:D13G(CDS 13-03)
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EXHIBIT"F"
LOCAL AND FEDERAL RULES. REGULATIONS AND LAWS
1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block
Grant (CDBG)funds.
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as
amended
4. Title VT of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended
5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits
discrimination and promotes equal opportunity in housing.
6. Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and
12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and
as supplemented in Department of Labor regulations.
7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42
USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed
by or on behalf of the SUBRECIPIENT,state that it is an Equal Opportunity or Affirmative Action
employer.
8. 24 CFR 135—Regulations outlining requirements of Section 3 of the Housing and Urban Development Act
of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended,
and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued
hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance
provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the
SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is
provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would
prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the
following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program
providing direct Federal financial assistance from HUD and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to low- and very low-income
residents of the project area, and that contracts for work in connection with the project
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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 SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in
connection with a housing rehabilitation (including reduction and abatement of lead-based paint
hazards), housing construction, or other public construction project are given to low- and very low-
income persons residing within the metropolitan area in which the CDBG-funded project is located;
where feasible, priority should be given to low- and very low-income persons within the service area of
the project or the neighborhood in which the project is located, and to low- and very low-income
participants in other HUD programs; and award contracts for work undertaken in connection with a
housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing
construction, or other public construction project to business concerns that provide economic
opportunities for low- and very low-income persons residing within the metropolitan area in which the
CDBG-funded project is located; where feasible, priority should be given to business concerns that
provide economic opportunities to low- and very low-income residents within the service area or the
neighborhood in which the project is located, and to low- and very low-income participants in other
HUD programs.
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would
prevent compliance with these requirements.
9. Age Discrimination Act of 1975, Executive Order I1063, and Executive Order 11246 as amended by
Executive Orders 11375, 11478, 12107 and 12086.
10. Contract Work Hours and Safety Standards Act,40 USC 327-332.
11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
12. The Americans with Disabilities Act of 1990
13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
14. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form
4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR
135.11(c)).
15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted
projects.
16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 -
which prescribes goal percentages for participation of minority businesses in Community Development
Block Grant Contracts.
17. The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting
opportunities laws,regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive
Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable.
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18. Public Law 100-430-the Fair Housing Amendments Act of 1988,
19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals and Other Non-Profit Organizations and specified by the following subsections:
• Subpart A—General;
• Subpart B —Pre-Award Requirements, except for 84.I2, Forms for Applying for Federal Assistance;
• Subpart C—Post-Award Requirements, except for:
o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7)
and 85.21 in making payments to SUBRECIPIENTs;
o Section 84.23, Cost Sharing and Matching;
o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow
570.504;
o Section 84.25,Revision of Budget and Program Plans;
o Section 84.32, Real Property —. In lieu of 84.32, CDBG SUBRECIPIENTs shall fbllow
570.505;
o Section 84.34(g), Equipment— In lieu of the disposition provisions of 84.34(g) the following
applies:
• In all cases in which equipment is sold, the proceeds shall be program income (pro-
rated to reflect the extent to which CDBG funds were used to acquire the equipment);
and
• Equipment not needed by the SUBRECIPIENT for CDBG activities shall be
transferred to the recipient for the CDBG program or shall be retained after
compensating the recipient;
o Section 84,35, Supplies and other Expendable Property
o Section 84.51(b), (c), (d), (e), (f)and (h), Monitoring and Reporting Program Performance;
o Section 84.52, Financial Reporting;
o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies
with the following exceptions:
• The retention period referenced in 84.53(b) pertaining to individual 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 lieu of the provisions of 84.61, CDBG SUBRECIPIENTs
shall comply with 570.503(b)(7); and
• Subpart D—After-the-Award Requirements—except for 84,71, Closeout Procedures
20. 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall
be followed for sub recipients that are governmental entities.
2I. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating
thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach
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of this agreement, and the County shall have the discretion to unilaterally terminate this agreement
immediately.
22. Prohibition Of Gifts To County Employees-No organization or individual shall offer or give, either directly
or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Pan III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and
County Administrative Procedure 5311.
23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To
the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more
strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion.
24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to
resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes
by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by
representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person
who would make the presentation of any settlement reached during negotiations to COUNTY for approval.
Failing resolution, and prior to the commencement of depositions in any Iitigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to
mediation as required hereunder, the other party may obtain a court order requiring mediation under
44.102,Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in
state court and the US District Court, 20th Judicial Court of Florida, if in federal court. BY ENTERING
INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE
ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF' ANY CIVIL LITIGATION
RELATED TO, OR ARISING OUT OF, THIS AGREEMENT,
25. The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq.
b. Federal Water Pollution Control Act,33 USC 1251, et seq., as amended.
26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24
CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified
by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained. If appropriate, a letter of map amendment(LOMA)may be obtained from FEMA,
which would satisfy this requirement and/or reduce the cost of said flood insurance.
27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance
provided under this contract shall be subject to HUD Lead-Based Paint Poisoning Prevention Act found at
24 CFR 570.608, Subpart K.
28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part
800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as
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they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included on a federal, state or
local historic property list.
29. The SUBRECIPIEN"I'must certify that it will provide drug-free workplaces in accordance with the Drug-
Free Workplace Act of 1988 (4I USC 701).
30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier
contract, or other covered transaction, with a person who is similarly debarred or suspended from
participating in this covered transaction as outlined in 24 CFR 570,609, Subpart K.
31. The SUBR.ECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and
agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal
controls, and maintain necessary source documentation for all costs incurred.
States, local governments. and Indian Tribes follow:
• A-87 for Cost Principles
• A-102 for Administrative Requirements
Educational Institutions (even if part of a State or local government) follow:
• A-21 for Cost Principles
• A-110 for Administrative Requirements
Non-Profit Organizations follow:
• A-122 for Cost Principles
• A-110 for Administrative Requirements
32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days
after the end of the SUBRECIPIENIT's fiscal year. The SUBRECIPIENT shall comply with the
requirements and standards of OMB A-133, Audits of States, Local Governments, and Non-Profit
Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves
the right to recover any disallowed costs identified in an audit after such closeout.
33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated
herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG
including, but not limited to, the provisions on use and disposition of property. Any real property within the
SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of
525,000, must adhere to the CDBG Regulations at 24 CFR 570.505.
34. As provided in § 287,133, Florida Statutes by entering into this Agreement or performing any work in
furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and
consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by
the State of Florida Department of Management Services within the 36 months immediately preceding the
date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes.
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35. No Federal appropriated funds have been paid or will he paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award documents
for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and
cooperative agreements) and that all SUI3RECIPI.ENTS shall certify and disclose accordingly.
36. Travel reimbursement will be based on the U.S. General Services Administration (GSA)per diem rates in
effect at the time of travel.
37. Any rule or regulation determined to be applicable by HUD.
38. Florida Statutes 713.20, Part 1, Construction Liens
39. Florida Statutes, 119.021 Records Retention
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Grant#-B-09-UC-12-0016 &
B-10-UC-12-0016
CFDAICSFA#- 14.218
Subreciplent—Immokalee Non-Profit
Housing, Inc, d/b/a Immokalee Housing
&Family Services
DUNS#- 849855549
FETI#-59-2716833
FY END-12-31
Monitoring Deadline 9-30-18
AGREEMENT BETWEEN COLLIER COUNTY
AND
IMMOKALEE NON-PROFIT HOUSING,INC. d/b/a IMMOKALEE HOUSING& FAMILY
SERVICES
SANDERS PINES PLAYGROUND UPGRADES
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.
Tarniami Trail, Naples FL 34112, and the "Immokalee Non-Profit Housing, Inc. d/b/a Immokalee Housing
& Family Services", a private not-for-profit corporation existing under the laws of the State of Florida,
having its principal office at 2449 Sanders Pines Circle, Immokalee, FL 34142.
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 life in Collier County by providing infrastructure improvements, public facilities, and
other activities which are related to neighborhoodlcommunity 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 eligible activities for the benefit of low and moderate-income
residents; and
WHEREAS, the Board of County Commissioners of Collier County approved various Collier County
Consolidated Plans and Annual Action Plans for the CDBG Program; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning
•
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the preparation of 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, 2013 the COUNTY approved substantial amendments to various year's
Annual Action Plans providing CDBG funds in the amount of 513,500 to Immokalee Non-Profit Housing,
Inc. d/b/a Immokalee Housing & Family Services for Community Center Upgrades located at 2449
Sanders Pines Circle, Immokalee, Fl 34142; and
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
I. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing CDBG funds, as determined by Collier County Housing, Human and
Veteran Services (HI-1VS), perform the tasks necessary to conduct the program outlined as follows:
The FY 2009-2010 and 2010-2011 Amended Annual Action Plans provides for
rehabilitation upgrades to Sanders Pines.
Project Component #1: The purchase, replacement, installation, disposal and
shipping costs of playground equipment including park benches not to exceed 8,
picnic tables not to exceed 2, 1 installed playground border as required by the
Department of Children and Families(DCF) and bicycle racks not to exceed 4.
Project Component #2: The purchase, replacement, installation, disposal and
shipping costs of multifamily mailboxes not to exceed 3.
Specifically, improvements identified for funding are outlined in the budget in
Section III.
The detailed project scope will be contained in the schedule of values awarded. The
project's invoices will include details sufficient to document the number, amount
and costs associated with all activities for payment.
All activities funded with CDBG funds must meet one of the CDBG program's National Objectives:
benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet
community development needs having a particular urgency, as defined in 24 CFR 570.208
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II. 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 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.
III. AGREEMENT AMOUNT
The COUNTY agrees to make available THIRTEEN THOUSAND FIVE HUNDRED DOLLARS
($13,500) for the use by the SUBRECIPIENT for SANDERS PINES PLAYGROUND UPGRADES during the
Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional
amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the
"Funds"). The SUBRECIPIENT project budget shall be as follows:
Line Item Description CDBG
Funds
Project Component 41-Playground equipment $10,315
Project componenr 42-Mailboxes $ 3,185
TOTAL
$13,500
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 be made with board approval.
All improvements specified in Section I. Scope of Services shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and
Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest,
responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and
monitored by I-II-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 completion or
partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of quarterly
progress reports. Invoices for work performed are required every month. If no work has been performed during
that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a SO invoice will be
required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments
shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once
per month. Final invoices are due no later than 90 days after the end of the agreement. Work performed during
the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator
will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence
to any and all applicable local, state or Federal requirements Payment will be made upon receipt of a properly
completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local
Goverrunent Prompt Payment Act."
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The following table details the project deliverables and payment schedule.
Deliverable Payment Schedule
Project Component#1- Submission of monthly invoices on AIA
Playground equipment G702-1992 form or equivalent document.
Final 10%($1,031.50) released upon
documentation of playground equipment
complete. Supporting documents of
payment must be provided as backup.
Project Component#2- Submission of monthly invoices on AlA
Mailboxes G702-1992 form or equivalent document.
Final 10%($318.50)released upon
•
documentation of Mailboxes installed and
complete. Supporting documents of
payment must be provided as back up.
Individuals Served
Proof that a minimum of 41 N/A
families are served via exhibit
D and supporting documents
quarterly
Annual submittal of asset N/A
inventory for equipment
purchased.
IV. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or
sent as aforesaid shall be effective on the date of delivery or sending. All notices and 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
sandrarnarrero@colliergov.net
SUBRECIPIENT ATTENTION: Susan Golden, Executive Director
Immokalee Non-Profit Housing, Inc.
d/b/a
Immokalee Housing & Family Services
2449 Sanders Pines Circle
Immokalee, FL 34142
(239)687-8333
Sgolden@ihfservices.org
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V, ADDITIONAL CONDITIONS AND COMPENSATION
The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY
and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production
of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions
of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination
shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole
discretion and judgment, that the Funds are no longer available. In the event of such termination, the
SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of
the County Commissioners and for County Administration, personally liable for the performance of this
Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms
of this Agreement.
VI. GENERAL CONDITIONS
A. SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
B. GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Amok
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Block Grants (CI)BCU)) including subpart K of these regulations, except that (I) the
SUBRECIPIENJ'does not assume the recipient's environmental responsibilities described in 24 CFR 570.604
and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process
under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable
Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available.
C. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or
establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times
remain an "independent contractor" with respect to the services to be performed under this Agreement. 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
SUBRECIPIENT is an independent contractor.
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D. AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a duly
authorized representative of each organization, and approved by the . Grantee's governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its
obligations under this Agreement, No amendments to this agreement will be granted ninety (90) days prior to
end date of this agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local
governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments
result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of
this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee
and SUBRECIPIENT.
Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time
period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days
and modify any subsequent project work plans to reflect the extension. The request must be submitted no later
than ninety(90)days prior to end date of this agreement.
E. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses,
costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors,
patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of
the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of
any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall
pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall
survive the termination and/or expiration of this Agreement. This section does not pertain to any incident
arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver
of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes.
F. GRANTEE RECOGNITION/SPONSORSI-IIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of the sponsorships of the Program, research reports and similar public notices prepared and
released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement:
"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
DEPARTMENT"
lmrnokalee Non-Profit Housing, Inc.
d/b/a
Immokalee Housing&Family Services
CDt3G(CDS 13-04)
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and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is
intended to disseminate key information regarding the development team as well as Equal Housing Opportunity
to the general public. Construction signs shall comply with applicable COUNTY codes.
G. TERMINATION
In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the
SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not
limited to), the following:
1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such
statutes, regulations, executive orders, and HUD guidelines, policies or directives as may
become applicable at any time;
2, Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in
any material respect.
In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the
Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the
effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a Amok
partial termination, the Grantee determines that the remaining portion of the award will not accomplish the
purpose for which the award was made,the Grantee may terminate the award in its entirety.
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 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
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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 SUBREC1PIENT 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.
VIII. INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all
insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times
during its performance,
IX. ADMINISTRATIVE REQUIREMENTS
A. EXAMINATION OF RECORDS
The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506
to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable
laws and regulations. This documentation shall include, but not be limited to, the following:
B. DOCUMENTATION AND RECORDKEEPING
1. All records required by CDBG.
2. All reports, plans, surveys, information, documents, maps, books, records and other data
procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the
purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence
shall be in accordance with generally accepted accounting principles, procedures and practices,
which sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, including matching funds and Program Income. These records
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-IVS 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 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 are resolved, The COUNTY shall be informed in writing if an
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d/b/a
lrnmokalcc Housing&Family Services
CDBG(CDS 13-04)
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agency ceases to exist after closeout of this Agreement of the address where the records are to be
kept as outlined in 24 CFR 85.42.
4. The SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Law,
including files containing contractor payrolls, employee interviews,Davis-Bacon wage rates, and
administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor
compliance with the Contract Work Hours and Work Safety Law. Similarly, the
SUBRECIPIENT shall maintain records showing compliance with federal purchasing
requirements and with other federal requirements for grant implementation.
5, The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served and documentation that all households are eligible under HUD Income
Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the
SUBRECIPIENT's compliance.
6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR
570.208 and the eligibility requirement(s) under which funding has been received, have been
met. These also include special requirements such as necessary and appropriate determinations
as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries,
where applicable.
C. REPORTS AND EVALUATIONS (MONITORING)
Reimbursement may be contingent on the timely receipt of complete and accurate reports required by
this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed
necessary by the County Manager or designee.
During the term, SUBREC1PIENT shall submit quarterly progress reports to the COUNTY on the I5`h
day of January, April, July and October respectively for the prior quarter period end. As part of the report
submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the
agreed-upon Program objectives, activities and'expenditures and including, but not limited to, performance data
on client feedback with respect to the goals and objectives set forth in Exhibit "D". Exhibit "D" contains an
example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be
required by the County Manager or their designee in the event of Program changes; the need for additional
information or documentation arises; and/or legislative amendments are enacted, Reports and/or requested
documentation not received by the due date shall be considered delinquent and may be cause for default and
termination of this Agreement,
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the
COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end.
The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on-site monitoring
visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the
activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon
satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status
reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of
irnmokalee Non-Profit Housing,inc.
d/b/a
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CDBG(CDS 13-04)
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reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIP1ENT on site.
Such site visits may be scheduled or unscheduled as determined by HHVS or HUD.
D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD
REQUIREMENTS
The SUBRECIP1ENT agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available for specified activities.
E. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the thresholds of Collier County Purchasing Policy.
Purchasing Threshold Policy
Dollar Ran,ge ($) motes
Under$3K I Written Quote
Above $3K to$1 OK 3 Written Quotes
Above $10K to $50K 3 Written Quotes
Request for Proposal(RFP)
Above$50K Invitation for Bid (IFB)
F. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as the COUNTY (and/or its representatives) may
deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data
relating to all matters covered by the Agreement for review, inspection or audit.
0. PROGRAM-GENERATED INCOME
Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any
activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY, utilized by the
SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c)in the operation of the Program.
H, GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to: making final payments,
disposing of program assets (including the return of all unused materials, equipment, 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,
Immokalee Non-Profit Housing, Inc.
d/b/a
Imrnokalee Housing&Family Serviees
C0130(CDS 13-04)
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X. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to,
discrimination under any activity carried out by the performance of this Agreement on the basis of race, color,
disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination,
the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or owned
in substantial part by persons residing in the project areas shall be awarded contracts in connection with the
project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of
1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
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 (IS U.S.C, 632), and "minority and women's business
enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking,
Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The
SUI3REC1PIENT may rely on written representations by businesses regarding their status as minority and
female business enterprises in lieu of an independent investigation.
C. PROGRAM BENEFICIARIES
At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be
low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or
serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this
Agreement must reside in unincorporated Collier County or in municipalities participating in the County's
Urban County Qualification Program,
D. AFFIRMATIVE ACTION PLAN
The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's
specifications an Affirmative Action Program in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to
the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for
an Affirmative Action Program for approval prior to the award of funds.
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d/b/a
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CDBG(CDS I3-04)
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E. CONFLICT OF INTEREST
The SUBR.ECIPIENT 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 SUB RECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611
"Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing
conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall
be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so
as not to unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of low and moderate-income residents of the project target area.
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 570.200(j). The SUBRECTPIENT shall comply
with First Amendment Church/State principles as follows:
a. It will not discriminate against any employee or applicant for employment on the basis of religion
and will not limit employment or give preference in employment to persons on the basis of religion
b. It will not discriminate against any person applying for public services on the basis of religion and
will not 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 of its religious beliefs,provided that
it does not use direct CDBG funds to support any inherently religious activities, such as worship,
religious instruction or proselytizing
d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the
extent that those structures are used for inherently religious activities. Where a structure is used for
both eligible and inherently religious activities, CDBG funds may not exceed the cost of those
portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in
accordance with the cost accounting requirements applicable to CDBG funds in this part.
Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal
place of worship, however, are ineligible for-CDBG funded improvements.
XII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
lrnmokalee Non-Profit Housing,Inc.
d/b/a
Immokalee Housing&Family Services
CDBG(CDS 13-04)
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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.
ATTEST: BOARD OF,COO,NT 1' M ISS10NERS OF
DWIGHT E. BkOCK,-CLERK COLLIER GOUI1:ITY//F 0 A
if
c '
fi GEORGIA A.-HILLER, ESQ., CHAIRWOMAN
Attestts to.
signat , ttl
Dated: r)"0
(SE L)
IMMOKALEE NON-PROFIT HOUSING, INC.
d/b/a IMMOKALEE HOUSING &FAMILY SERVICES
By: .' ` tot
8.usan M. Golden
Susan M. Golden, Executive Director
Approved as to form and legal sufficiency:
Jennifer-. M e, Assistant County Attorney
> t
_
lmmokalee Non-Profit Housing,Inc.
d/b/a
fmmokalee Housing&Family Services
CDBG(CDS 13.04)
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EXHIBIT"A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services
Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing
insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
2, Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
3. Automobile Liability insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County shall be named as an additional
insured.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in l — 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of
the services performed by the SUBRECIPIENT or any person employed by the
SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a
period of two (2) years after the certificate of Occupancy is issued. Collier County shall be
named as an additional insured.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 9 above, the SUBRECIPEINT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any
construction:
5, Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one
hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001), the Subrecipient shall assure that for activities located in an area identified by the Federal
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d/b/a
lmmokalee Housing&Family Services
CDBG(CDS [3-04)
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Emergency Management Agency (FEMA) as having special flood hazards, flood insurance
under the National Flood Insurance Program is obtained and maintained as a condition of
financial assistance for acquisition or construction purposes (including rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be kept
in force throughout the duration of the loan and/or contract:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not Less that $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County as an additional insured.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred
(100%) of the replacement cost of the property. Collier County must be shown as a Loss payee
with respect to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss
Payee A.T.I.M.A.
Immokalre Non-Profit Housing, Inc.
d/b/a ,,O ,,
Immokalce Housing&Family Services
CDI3G(CDS 13-04)
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EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: Immokalee Non-Profit Housing, Inc. d/b/a Immokalee Housing & Family
Services
Sub recipient Address: _ 2449 Sander Pines Circle, Immokalee, FL 34142
Project Name: Sanders Pines Playground Upgrades
Project No:_ CDS 13-04 Payment Request#
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
$ 13,500
2. Sum of Past Claims Paid on this Account
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
4. Amount of Previous Unpaid Requests
$
5. Amount of Today's Request
6. Current Grant Balance (initial Grant Amount Awarded
Less Sum of all requests) $
I certify that this request for payment has been drawn in accordance with the terms and conditions of the
Agreement between the COUNTY and us, as the SUBRECIPIENT. I also certify that the amount of the
Request for Payment is not in excess of current needs.
Signature Date
Title
Authorizing Grant Coordinator
Supervisor (approval authority under$14,999)
Dept Director (approval required $15,000 and above)
Immokalee Non-Profit Housing,inc.
d/bra
Immokalee Housing&Family Services
CDBC(CDS 13-04)
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EXHIBIT "C"
RELEASE AND AFFIDAVIT FORM
CONSTRUCTION ONLY
The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies,
lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against
any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida
Statutes Chapter 713,02 Part 1 —Waiver or Release of Liens
This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final) Request
for Payment,
Immokalee Non-Profit Housing, Inc. d/b/a
Immokalee Housing & Family Services
Witness: BY:
BY: ITS: Executive Director
DATE:
Print name and title
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20 , by
as _ of
A Choose Not-For-Profit, or Corporation or Municipality on behalf of
Choose Not-For-Profit, Corporation or Municipality . He/She is personally known to me OR has
produced _ as identification and who did (did not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
Immokalee Non-Profit Housing,Inc.
d/b/a
Immokalee Housing&Family Services
CD13G(CDS 13-04)
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EXHIBIT"I)"
QUARTERLY PROGRESS REPORT
Sub-recipients: Please fill in the following shaded areas of the report
Tnlmokrlbcehon-Profit 1 lousing;11tp•
Agency Name: t. 'ib/e ` Date `T lee Hos4Lnd Fi FamilySc:vi.:s :, .. _
Project Title: Sanders nee4 ;"Playground scr l+�sllbaz Up d i _.. :
e` Altemste 5;;
Program Contact: Susan M,Golden; _-._ _ ` • m .` _ _ _ Contact f� "
Telephone Number: (239)657-8333`.: _ ..
'REPORT FOR QUARTER ENDING:(check one that applies to the (
corresponding grant period),
10/31/13 1
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement dale of May 14,2013.
•
FPlease list the outcome goal(e)from your approved application&sub•recfplent agreement and indicate your progress in me.eting,thoaa
1. I goals since May 14,2013.
A.Outcome Goals: list the outcome e9oa1(•s from your p provers d ap pJulicae t 20on 1&3 Subeeaent greeme
r
' ^ ,,K, »�. 'r z
Outcome 1: Order andientify eupi$nif retcbmaJtuon2s1pley n , - r I t , , . r Outcome 2: Accept delivery at a wipreny tb 'At4s 0 3 r < , t H ^Outcome 3: Install oXe &Recratioeaulomenr t} g w Outcome 4 41 families sern c ,
r
y..7a i Fit
B. Goal Progress: Indicate the oroaress to date rn meeting each outcome Goal
� � � °u: �. ��`,ro*1 -�t �rya, i w � s',i
a r `5� r R w * `+ r�'"�i sue- ,,. {:k .. # .,fia. c�' z a i•
Outcome.. a �
h >a
▪ "'� *a7c'S ti' "f� � '�"r�+--r_,a .�, ✓• � -'fit� x '°�q - �#e
'. r _ , # Fi,..y^. ?Cy F..v• '#�� E Yh�� iI � tt
+jafi „ rid" -w,�rs
. . _ . .
Is this project still in compliance with the original project schedule?If more than 2 months behind schedule,must sub,mit a new UM.
2. for approval.
immokalee Non-Profit Housing, Inc.
d/b/a
Immokalee Housing&Family Services
CDBG(CDS 13-04)
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❑ .
Yes • No
If no, explain;
3. E Since May 14, 2013,of the persons assisted,how many...,
a. ...now have new access(continuing)to this service or benefit? , .
b• ...now hes improved 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?
Section 108 Loan Guarantee
HOPWA
Other Consolidated Plan Funds >
CDBG
W
Other Federal Funds S>� t ESG '
State/Local Funds 2
�. " `
. �, a . HOME ,H �m., �,.
Total
Entitlement $
Total Other Funds - Funds
lmmokalee Non-Profit Housing, int.
d/b/a
lmrnokalee Housing&Family Services
CDBG(CDS 13-04)
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EXHIBIT "D"
QUARTERLY PROGRESS REPORT
5, What is the(Diet numberofUNDUPLICATEDciten is served this quarter,ft applicable?
a. Total No,of will le rimes served 0��' Total No of females served undo-ta: 0�'
b. Total No.of adult m ates served: •„ ,.� Taal No.of maitre servile ulcer'.k 0'.TOTAL: 0 TOTAL; 0
c. Total No.01 Wales served ..-.•0'. Total No.of ferrate masts d nraeeh0id: 0 `
6. !What Is the total number of UNDUPLttiATED clients served since October,If applicable?
a. Total nor-dor of aka lemaes served xaC Total nuau:rs of females served under I8: 0
b. Total numbs/0'061 mares served. .0 Total ramber of males served under 1a:
TOTAL•. 0 TOTAL: 0
c. Total No.of mammas carved. "CI Total No.of female head el household '0
Complete estrtEIS question 87 OR ail.Canpfate question e7 a your;ewer'only serves teems in one a more of the filed HUD Presumed
Benefit cetegmes. Complete question rig if any clent in your program cans not fail COO a Preowned Bench category.
DO NOT COMPLETE BOTH QUESTION 7 AND 8,
T. PRESUMED0E74E-RCIARYDATA 8 !OTHER pgNEFrCi4RY DATA:INCOME RANGE
Indicate the total number off WIMP!MATED
Persona served since October I who fall Into InetCato the total nurrbor of LINn1IP1 MATED parsons
math presorrted benefit category Me total served since October 1 who fall Into each Income
515U0d equal the Waite el/Callen 06.).-. category(the total should equal the total In question 06):
Report es: Report as:
;..0 Abused Children 1.�p",..Edrorney lay Income(0-30%)
Homeless Person #,ow Income(31•50%)
0* Battered Spouses ;1`i buderate Income(51.60%)
„ w Persons wl HMMAIOS 'r ,=Above lloderele Income(a90%)
-...`...p,
Elderly Patrons
0 Veterans
CrrortmOyl Menially jl
Physically Disabled Adulls
Q- Oe»r.Youih
TOTAL: 0 TOTAL: 0
9. Racial 8 Ethntc Data: (it al•llcable)
Please Indicate how many UNDUPLICATED clients served since October fall Into each race category.In addition
to each race category, please Indicate how many persons in each race category consider therreselves HISpanlc
(Total Race column should equal the total cell).
RACE ETHNICITY
White:r ;et whom,how many ere Hispanic?
Etac;dAdrben Ambient; W 'n' ;or whom,how mart'are Halant7
.;of whom,how marry aro Fitspenc?
Arne:call Srbiar'Atasks halve ,;y'...," .•7i d wham,how many are}dspamic7
Nat;we Hawa vOther Pacific b lands CI Lr•= ,of whim,how many are tispanc7
Amer can Lw,tanlfuaccan Native d While .D- :t?::of whom,raw marry are((*panic?
BtackfAirlcan Ama Icon S Whoa ;:p ?' ". ;of whom,how many are liispane?
Am.NdsenrAlaaka Naliwe 6 alecW41rica4 Am '0= :0 ,of whom,how many are Hispanic?
Other tA:dlErac a 0 C:,: of whom,how many are I-4spenic?
Or?r .0_ 0- ;of whom,how merry are Phspanic?
TOTAL: 0 0 TOTAL HISPANIC
Name: Signature
You typed retme hate-spumonis your meclronc
Talc: sgnature
Itnmokalee Non-Profit Housing,Inc.
d/b/a
Immokalee Housing&Family Services
CDBG(CDS )3-04)
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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 Immokalee Non-Profit Housing, Inc. Fiscal Year
Name d/b/a Period
Immokalee Housing & Family Services
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
as indicated above and have completed our Circular A-133 audit, A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as
indicated above and expect to complete our Circular A-133 audit by . Within
30 days of completion of the A-133 audit, we will provide a copy of the audit report and
management letter.
We are not subject to the requirements of OMB Circular A-133 because we:
O Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year
indicated above
O Are a for-profit organization
E Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
(If findings were noted, please enclose a copy of the responses and corrective action plan,)
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
Immokalee Non-Profit Housing,Inc.
d/b/a
Immokalee Housing&Family Services
CDSG(CDS 13-04)
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EXHIBIT "F"
LOCAL AND FEDERAL RULES,REGULATIONS AND LAWS
1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block
Grant (CDBG) funds.
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as
amended
4. Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended
5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits
discrimination and promotes equal opportunity in housing.
6. Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and
12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and
as supplemented in Department of Labor regulations.
7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42
USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed
by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action
employer.
8. 24 CFR 135 —Regulations outlining requirements of Section 3 of the Housing and Urban Development Act
of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended,
and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued
hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance
provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the
SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is
provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would
prevent compliance with these requirements,
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the
following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program
providing direct Federal financial assistance from HUD and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to low- and very low-income
residents of the project area, and that contracts for work in connection with the project
lmmokalee Non-Profit Housing, Inc.
d/b/a
immokalec Housing&Family Services
CDBG(CDS 13-04)
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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 SUBREC1PIENT 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 very low-income persons residing within the metropolitan area in which the
CDBG-funded project is located; where feasible, priority should be given to business concerns that
provide economic opportunities to low- and very low-income residents within the service area or the
neighborhood in which the project is located, and to low- and very low-income participants in other
HUD programs.
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would
prevent compliance with these requirements.
9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by
Executive Orders 11375, 11478, 12107 and 12086.
10. Contract Work Hours and Safety Standards Act,40 USC 327-332.
11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
12. The Americans with Disabilities Act of 1990
13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended,
14. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form
4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR
135.11(c)).
15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted
projects.
16. Executive Order 11625 and U.S, Department of Housing and Urban Development Circular Letter 79-45 -
which prescribes goal percentages for participation of minority businesses in Community Development
Block Grant Contracts.
17. The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting
opportunities laws,regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive
Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable.
immokalcc Nat-Profit Housing,Inc.
d/b/a
Immokalee Housing&Family Services
CDBG(CDS 13-04)
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18. Public Law 100-430 - the Fair Housing Amendments Act of 1988.
19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals and Other Non-Profit Organizations and specified by the following subsections:
• Subpart A— General;
• Subpart B —Pre-Award Requirements,except for 84.12, Forms for Applying for Federal Assistance;
• Subpart C—Post-Award Requirements, except for:
o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7)
and 85,21 in making payments to SUBRECIPIENTs;
o Section 84.23, Cost Sharing and Matching;
o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow
570.504;
o Section 84.25, Revision of Budget and Program Plans;
o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow
570.505;
o Section 84.34(g), Equipment—In lieu of the disposition provisions of 84.34(g) the following
applies:
• In all cases in which equipment is sold, the proceeds shall be program income (pro-
rated to reflect the extent to which CDBG funds were used to acquire the equipment);
and
• Equipment not needed by the SUBRECIPIENT for CDBG activities shall be
transferred to the recipient for the CDBG program or shall be retained after
compensating the recipient;
o Section 84.35, Supplies and other Expendable Property
o Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance;
o Section 84.52, Financial Reporting;
o Section 84.53(b), Retention and Access Requirements for Records, Section 84.53(b) applies
with the following exceptions:
• The retention period referenced in 84.53(b) pertaining to individual 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 lieu of the provisions of 84.61, CDBG SUBRECIPIENTs
shall comply with 570.503(b)(7); and
• Subpart D —After-the-Award Requirements—except for 84.71, Closeout Procedures
20. 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall
be followed for sub recipients that are governmental entities.
21. Immigration Reform and Control Act of I986 as located at 8 USC 1324, et seq. and regulations relating
thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach
Immokalce Non-Profit Housing, Inc.
d/b/a
Irnmokalee Housing&Family Services
CDBG(CDS 13-04)
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of this agreement, and the County shall have the discretion to unilaterally terminate this agreeme-
immediately.
22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly
or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and
County Administrative Procedure 5311.
23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To
the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more
strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion.
24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to
resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes
by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by
representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person
who would make the presentation of any settlement reached during negotiations to COUNTY for approval.
Failing resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to
mediation as required hereunder, the other party may obtain a court order requiring mediation under
44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if i
state court and the US District Court, 20th Judicial Court of Florida, if in federal court. BY ENTERING
INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE
ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO, OR ARISING OUT OF,THIS AGREEMENT.
25. The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act,41 USC 7401, et seg.
b. Federal Water Pollution Control Act, 33 USC 125I, e1 seq., as amended,
26. In accordance with the requirements of the Flood Disaster Protection Act of I973 (42 USC 4002 and 24
CFR 570,605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified
by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA,
which would satisfy this requirement and/or reduce the cost of said flood insurance.
27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance
provided under this contract shall be subject to HUD Lead-Based Paint Poisoning Prevention Act found at
24 CFR 570,608, Subpart K.
28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part
800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as
Immokalee Non-Protil Housing,Inc.
dlbla
Immokalce Housing&Farnily Services
CDBG(CDS 13-04)
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they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included on a federal, state or
local historic property list.
29, The SUBREC1PIENT must certify that it will provide drug-free workplaces in accordance with the Drug-
Free Workplace Act of 1988 (41 USC 701).
30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal Department or agency; and, that the SUB RECIPIENT shall not knowingly enter into any lower tier
contract, or other covered transaction, with a person who is similarly debarred or suspended from
participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K.
31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and
agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal
controls, and maintain necessary source documentation for all costs incurred.
States, local governments, and Indian Tribes follow:
• A-87 for Cost Principles
• A-102 for Administrative Requirements
Educational Institutions (even if part of a State or local government) follow:
• A-21 for Cost Principles
• A-110 for Administrative Requirements
Non-Profit Organizations follow:
• A-122 for Cost Principles
= A-110 for Administrative Requirements
32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days
after the end of the SUBRECIPLENT'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 SUBRECCPIENT for the purpose of carrying on the projects stated
herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG
including, but not limited to, the provisions on use and disposition of property. Any real property within the
SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of
$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505.
34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in
furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and
consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by
the State of Florida Department of Management Services within the 36 months immediately preceding the
date hereof. This notice is required by §287.133 (3) (a), Florida Statutes.
{mmokaiee Non-Profit Housing, inc.
d/b/a
imrnokalec Housing&Family Services
CDBG(CDS 13-04)
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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 e
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
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-ILL, "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 SUI3RECIPIENTS shall certify and disclose accordingly.
36. Travel reimbursement will be based on the U.S. General Services Administration (GSA)per diem rates in
effect at the time of travel.
37. Any rule or regulation determined to be applicable by HUD.
38, Florida Statutes 713.20, Part 1,Construction Liens
39. Florida Statutes, 119.021 Records Retention
lmmokaiee Non-Profit Housing,Inc.
d/b/a
I mmokalcc Housing& Family Services
CDBC(CDS 13-04)
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Grant#-B-09-UC-12-0016 &
B-10-UC-12-0016
CFDA/CSFA# - 14.218
Subrecipient—Immokalee Non-Profit
Housing,Inc. d/b/a Immokalee
Housing& Family Services
DUNS #- 849855549
FETI #- 59-2716833
FY End 12-31
Monitoring Deadline 2-28-19 9-3048
FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
IMMOKALEE NON-PROFIT HOUSING,INC. d/b/a IMMOKALEE HOUSING & FAMILY
SERVLCES
SANDERS PINES PLAYGROUND UPGRADES
This Amendment is entered into this day of , 2013, by and
between IMMOKALEE NON-PROFIT HOUSING, INC. d/b/a IMMOKALEE HOUSING &
FAMILY SERVICES. 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."
* *
RECITALS
WHEREAS, on MAY 14, 2013, the COUNTY entered into an Agreement with the
Community Development Block Grant Program funds to be used for SANDERS PINES
PLAYGROUND UPGRADES (hereinafter referred to as the "Agreement"); and
WHEREAS, the Parties desire to amend the Agreement to include terms required by Chapter
2013-1.54, Laws of Florida and make other modifications to the agreement.
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 S Through are deleted; Words Underlined are added
* * *
Immokalee Non-Profit Housing,Inc.
d/b/a
Immokalee Housing&Family Services
CDBG(CDS I3-04)
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II. TIME OF PERFORMANCE
Atow
Services of the SUBRECIPIENT shall start on the 14th day of May, 2013 and end on the 3-k
day-ef-Octeber3 28th day of February, 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.
III. AGREEMENT AMOUNT
All improvements specified in Section I. Scope of Services shall be performed by
SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable
to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for
improvements with the lowest, responsive and qualified bidder. Contract administration shall be
handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and
documents related to the project.
The 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 §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 Sched l
Project component#1 Submission of monthly invoices on AIA
Playground Equipment - e ••.. -- . . - .. -- ,
Final 1-0% ($1,031.50)to be released upon
Immokalee Non-Profit Housing,Inc.
d/b/a
Immokalee Housing&Family Services
CDBG(CDS 13-04)
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Project Component fi2 Submission of monthly invoices on AIA
Mailboxes _ . _. .
Final 10% ($318.50)to be released upon
Proof that a minimum of N/A
/11 families arc served
supporting documents
quarterly
Adinual-submit-tal-ef NIA
asset inventory for
Deliverable Payment/Deliverable Due Date
Documentation
Project Component • Submission of invoices on • Monthly
#1: Playground AIA G702-1992 form or
Equipment equivalent document.
• Final 10% ($1,031.50)to
be released upon
documentation of
playground equipment
complete. Supporting
documents showing proof
of payment must be
provided as backup.
Project Component • Submission of invoices on • Monthly
#2: Mailboxes AIA G702-1992 form or
equivalent document.
• Final 10% ($318.50)to be
released upon
documentation of
playground equipment
complete. Supporting
documents showing proof
of payment must be
Immotcalee Non-Profit Housing,Inc.
d/b/a
Immokalee Housing Family Services
CDBG(CDS 13-04)
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provided as backup.
Individuals Served • Proof that a minimum of • Quarterly until Asok
41 families are served via project is
Exhibit D complete and
annually
thereafter until
2019
Quarterly Reports • Exhibit D • 10 days after the
end of the
quarter to the
Grantee and
annually
thereafter until
2019
List of Inventory • Inventory Report • Annually in
Assets February
Continued Use • Continued Use affidavit • Annually until
2019
* *
IV. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any
notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices
and 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 Geoffrey Magon, Grant
Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
(239) 252 2399 (239) 252-2336
sandramarrero @colliergov.net
SUBRECIPIENT ATTENTION: Susan Golden, Executive Director
Immokalee Non-Profit Housing, Inc.
d/b/a
Immokalee Housing &Family Services
2449 Sanders Pines Circle
Immokalee, FL 34142
(239) 687-8333
Sgolden@ihfservices.org
Immokalee Non-Profit Housing,Inc,
d/b/a
Immokalee Housing. Family Services
CDBG(CDS 13-04)
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IX. ADMINISTRATIVE REQUIREMENTS
B. DOCUMENTATION AND RECORDKEEPING
2. SUBRECIPIENT shall maintain all records that ordinarily and necessarily would be
required by the COUNTY to perform the service.
* * *
.3-A. Upon completion of all work contemplated under this Agreement copies of all documents
and records relating to this Agreement shall be surrendered to HHVS if requested. In any event
the SUBRECIPIENT shall keep all documents and records 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 are resolved. The COUNTY shall be informed in writing if an
agency ceases to exist after closeout of this Agreement of the address where the records are to
be kept as outlined in 24 CFR 85.42. Meet all requirements for retaining public records and
transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon
termination of the contract and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
information technology systems of the public agency.
* * *
8. 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 Chapter 119, Florida Statutes or as otherwise provided by law. Ensure that
public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law.
* * *
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. Any balance of unobligated funds which have been advanced
or +aid must be returned to the Count . An funds +aid in excess of the amount to which the
Subrecipient is entitled under the terms and conditions of this Agreement must be refunded to the
COUNTY. In addition to the records retention outlined in Section X.B.3, the SUBRECIPIENT shall
Immokalee Non-Profit Housing,Inc.
d/b/a
Immokalee Housing. Family Services
CDBG(CDS 13-04)
Sanders Pines Playground Upgrades Page 5 of 7
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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.
* * *
EXHIBIT "F"
LOCAL AND FEDERAL RULES,REGULATIONS AND LAWS
* * *
40. Florida Statutes, 11 9.071, Contracts and Public Records
* * *
(Signature Page to Follow)
Immokalee Non-Profit Housing,Inc.
d/b/a
Immokalee Housing&Family Services
CDBG(CDS 13-04)
Sanders Pines Playground Upgrades Page 6 of 7
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CD
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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 COLLIER
DWIGHT E. BROCK,CLERK COUNTY, FLORIDA
By:
, Deputy Cleric GEORGIA A. HILLER,ESQ., CHAIRWOMAN
Dated:
(SEAL)
IMMOKALEE NON-PROFIT HOUSING,INC,
By:
Subrecipient Signature
Susan M. Golden, Executive Director
Subrecipient Name and Title
Approved as to form and legality:
Jennifer A. Belpedio,Assistant County Attorney
Immokalee Non-Profit Housing,Inc.
d/b/a
Immokalee Housin &Family Services
CDBG(CDS 13.04)
Sanders Pines Playground Upgrades Page 7 of 7
)
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Grant#- B-11-UC-12-0016
CFDA/CSFA#- 14.218
Subrecipient—Immokalee Non-Profit
Housing, Inc. d/b/a Immokalee
Housing & Family Services
DUNS#-849855549
FETI #- 59-2716833
FY End 12-31
Monitoring Deadline 2-28-19 9-30-18
FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
IMMOKALEE NON-PROFIT HOUSING,INC. d/b/a IMMOKALEE HOUSING & FAMILY
SERVICES
TIMBER RIDGE (CARL J. KUEHNER) COMMUNITY CENTER UPGRADES
This Amendment is entered into this day of , 2013, by and
between IMMOKALEE NON-PROFIT HOUSING, INC. d/b/a IMMOKALEE HOUSING &
FAMILY SERVICES. 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, hereinafter to be
referred to as"COUNTY,"collectively stated as the "Parties."
* * *
RECITALS
WHEREAS, on MAY 14, 2013, the COUNTY entered into an Agreement with the
Community Development Block Grant Program funds to be used for TIMBER RIDGE (CARL J.
KUEHNER) COMMUNITY CENTER UPGRADES (hereinafter referred to as the "Agreement");
and
WHEREAS, the Parties desire to amend the Agreement to include terms required by Chapter
2013-154,Laws of Florida and make other modifications to the agreement; and
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 Seek-Through are deleted; Words Underlined are added
Immokalee Non-Profit Housing,Inc.
d/b/a
Immokalee Housing&Family Services
CDBG(CDS I3-03)
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II. TIME OF PERFORMANCE
Services of the SUBRECIPIENT shall start on the 14th day of May, 2013 and end on the 3-
udu of October 20,3 28th day of February, 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.
* *
III. AGREEMENT AMOUNT
* *
All improvements specified in Section I. Scope of Services shall be performed by
SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable
to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for
improvements with the lowest, responsive and qualified bidder. Contract administration shall be
handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and
documents related to the project.
The 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 §218.70, Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act."
Immokalee Non-Profit Housing,Inc.
d/b/a
Immokalee Housing&Family Services
CDBG(CDS 13-03)
Timber Ridge(Carl J.Kuehner)Community Center Page 2 of 7
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The following table details the project deliverables and payment schedule.
oak
Deliverable
Project Component#1 - -
Community Center Recover 0702 1992 form or equivalent document.
8 awnings - t°. :• . e - . ...
provided as back up.
Project Component#2 . . .-- , - - - -- • •
Playground equipment G702 1992 form or equivalent document.
Final 10% ($821.50) released upon
provided as back up.
Project Component#3 - . -- • •
Mailboxes _ e •• , - , ..• . - - . ---
Final 10% ($311.00)released upon
completed. Supporting documents must be
a
;, �
Indiv ektals Served•
• .. . --•-
via exhibit D
Inventory
Submittal of asset inventory 1 4
afaivally
Deliverable Payment/Deliverable Due Date
Documentation
Project Component • Submission of invoices on • Monthly
#1: Community AIA G702-1992 form or
Center—Recover 8 equivalent document.
awnings
• Final 10%($692.50) to be
released upon
documentation of
playground equipment
complete. Supporting
documents showing proof
of payment must be
provided as backup.
Immokalee Non-Profit Housing,Inc.
d/b/a
Immokalee Housing&Family Services
CDBG(CDS 13-03)
Timber Ridge(Carl J.Kuehner)Community Center Page 3 of 7
C,p
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Project Component • Submission of invoices on • Monthly
#2: Playground AIA G702-1992 form or
Equipment equivalent document.
• Final 10% ($821.50)to be
released upon
documentation of
playground equipment
complete. Supporting
documents showing proof
of payment must be
provided as backup._
Project Component • Submission of invoices on • Monthly
#3 - Mailboxes AIA G702-1992 form or
equivalent document.
• Final 10% ($311.00)to be
released upon
documentation of
playground equipment
complete. Supporting
documents showing proof
of payment must be
provided as backup.
Individuals Served • Proof that a minimum of • Quarterly until
41 families are served via ct is
Exhibit D complete and
annually
thereafter until
2019
Quarterly Reports • Exhibit D • 10 days after the
end of the
quarter to the
Grantee and
annually
thereafter until
2019
List of Inventory • Inventoty Report • Annually in
Assets February
Continued Use • Continued Use affidavit • Annually until
2019
Immokalee Non-Profit Housing,Inc.
d/b/a
Immokalee Housing&Family Services
CDBG(CDS 13-03)
Timber Ridge(Carl J.Kueliner)Community Center Page 4 of 7
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IV. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any
notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices
and 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: Geoffrey Magon, Grant
Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
(239) 252 2393(239) 252-2336
sandramarrero@colliergov.net
SUBRECIPIENT ATTENTION: Susan Golden, Executive Director
Immokalee Non-Profit Housing, Inc.
d/b/a
Immokalee Housing & Family Services
2449 Sanders Pines Circle
Immokalee, FL 34142
(239) 687-8333
Sgolden(a ihfservices.org
IX. ADMINISTRATIVE REQUIREMENTS
* * *
B. DOCUMENTATION AND RECORDKEEPING
* * *
2. SUBRECIPIENT shall maintain all records that ordinarily and necessarily would be required
by the COUNTY to perform the service.
3,4. Upon completion of all work contemplated under this Agreement copies of all documents
and records relating to this Agreement shall be surrendered to HHVS if requested. In any event
the SUBRECIPIENT shall keep all documents and records 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 are resolved. The COUNTY shall be informed in writing if an
Immokalee Non-Profit Housing,Inc.
d/b/a
lmmokalee Housing&Family Services
CDBG(CDS 13-03)
Timber Ridge(Carl J.Kuehner)Community Center Page 5 of 7
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agency ceases to exist after closeout of this Agreement of the address where the records are to
be kept as outlined in 24 CFR 85.42. Meet all requirements for retaining public records and
transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon
termination of the contract and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
information technology systems of the public agency.
* *
8. 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 Chapter 119, Florida Statutes or as otherwise provided by law. Ensure that
public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law.
* * *
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. Any balance of unobligated funds which have been advanced
or paid must be returned to the County. Any funds paid in excess of the amount to which the
Subrecipient is entitled under the terms and conditions of this Agreement must be refunded to the
COUNTY. 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
215.97, Florida Single Audit Act.
EXHIBIT"F"
LOCAL AND FEDERAL RULES,REGULATIONS AND LAWS
* *
40. Florida Statutes, 119.071, Contracts and Public Records
Immokalee Non-Profit Housing,Inc.
dlb/a
Immokalee Housing&Family Services
CDBG(CDS 13-03)
Timber Ridge(Carl J.Kuehner)Community Center Page 6 of 7
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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 COLLIER
DWIGHT E. BROCK, CLERK COUNTY, FLORIDA
By:
, Deputy Clerk GEORGIA A. HILLER, ESQ., CHAIRWOMAN
Dated:
(SEAL)
SUBRECIPIENT'S ORGANIZATION.
By:
Subrecipient Signature
Susan M. Golden,Executive Director
Subrecipient Name and Title
Approved as to form and legality:
Jennifer A. Belpedio, Assistant County Attorney
vQ f
113
Immokalee Non-Profit Housing,Inc.
d/b/a
Immokalee Housing&Family Services
CDBG(CDS 13-03)
Timber Ridge(Carl J.Kuehner)Community Center Page 7 of 7
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