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Agenda 12/10/2013 Item #16B1 12/10/2013 16.B.1 . EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners (BCC), as the Collier County Community Redevelopment Agency (CRA), authorize a budget amendment for a Disaster Recovery Initiative (DRI) subgrant in the amount of $517,300 to fund drainage system improvements and new sidewalks along Colorado Avenue within the Immokalee Community Redevelopment Area. OBJECTIVE: To recognize $517,300.00 to fund drainage system improvements and new sidewalks along Colorado Avenue within the Immokalee Community Redevelopment Area. CONSIDERATIONS: On February 26, 2013, agenda item #16(B)(3), the CRA approved the submission of a DRI grant application by CRA staff to the Collier County Department of Housing, Human &Veteran Services Department. On April 23, 2013, agenda item #16D3, the County approved a subrecipient agreement between the County and CRA to fund the installation of sidewalks and drainage system improvements related to the Immokalee Stormwater Master Plan from Grant Award #10DB-D4-09-21-01-K09 for FY2013-14. This item is to recognize the $517,300.00 subgrant. FISCAL IMPACT: Upon approval of this Budget Amendment, funds in the amount of $517,300 for the implementation of the grant funded project will be available in the Immokalee CRA Grant Fund 715,Project#33293-01. There is no match requirement for this grant. GROWTH MANAGEMENT IMPACT: This action furthers the programs and projects within the budgetary and policy guidance and directives of the Community Redevelopment Agency and the Board of County Commissioners in furtherance of Policy 4.2 of the Future Land Use Element of the Growth Management Plan which reads as follows: "The Immokalee Area Master Plan addresses conservation, future land use, population, recreation, transportation, housing, and the local economy. Major purposes of the Master Plan are coordination of land uses and transportation planning, redevelopment or renewal of blighted areas, and the promotion of economic development." Also, this action is in accordance with the goals and objectives of the Drainage Sub-element of the Growth Management Plan for Collier County Stormwater Management. Furthermore, according to the 2008 Annual Conference publication from the Florida Redevelopment Association(FRA): "One of the primary tenants of a Community Redevelopment Agency is to provide clean and safe environments through the redevelopment of stormwater management systems. CRA's should promote clean environments through stormwater system improvements including watershed planning, land conservation, erosion and sediment control, stream restoration, and pollution prevention. Stormwater management reduces the amount of pollutants in runoff to reduce the threat to drinking water supplies, recreation and wildlife. Redevelopment implements stormwater safety by improving site designs, preserving natural Packet Page-1028- 12/10/2013 16.B.1 . drainage systems, enhancing water quality and preventing future flood damages. CRA's should support clean water goals that allow residents to be proud of their communities". LEGAL CONSIDERATIONS: This item is approved to form and legality and requires a majority vote for Board approval. -JAB RECOMMENDATION: That the Collier County Board of County Commissioners, as the Community Redevelopment Agency, approve a budget amendment for $517,300 of Disaster Recovery Initiative (DRI) Grant Award #10DB-D4-09-21-01-K09 for FY2013-14 to fund the project known as Colorado Avenue Area Stormwater Improvements. PREPARED BY: Bradley Muckel, Interim Director, Immokalee CRA Attachments: 1)Budget Amendment Form 2)Underlying Grant Agreement Packet Page-1029- 12/10/2013 16.B.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.B.16.B.1. Item Summary: Recommendation that the Board of County Commissioners (BCC), as the Collier County Community Redevelopment Agency (CRA), authorize a budget amendment for a Disaster Recovery Initiative (DRI) subgrant in the amount of$517,300 to fund drainage system improvements and new sidewalks along Colorado Avenue within the Immokalee Community Redevelopment Area. Meeting Date: 12/10/2013 Prepared By Name: MuckelBradley Title: Project Manager, 10/30/2013 11:58:43 AM Submitted by Title: Project Manager, Name: MuckelBradley 10/30/2013 11:58:45 AM Approved By Name: BelpedioJennifer Title:Assistant County Attorney,County Attorney Date: 10/31/2013 11:20:05 AM Name: RobinsonErica Date: 11/4/2013 8:19:34 AM Name: KlatzkowJeff Title: County Attorney Date: 11/15/2013 2:01:22 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 12/2/2013 11:13:25 AM Packet Page-1030- 12/10/2013 16.B.1. Name: OchsLeo Title: County Manager Date: 12/2/2013 11:55:03 AM Packet Page-1031- 12/10/2013 16.B.1 . Grant# 10DB-D4-09-21-01-KO9 CFDA/CSFA#- 14.228 Subrecipient—Immokalee Area Community Redevelopment Agency (CRA). DUNS# -076997790 FETI#- 59-6000558 AGREEMENT BETWEEN COLLIER COUNTY AND Immokalee Area Community Redevelopment Agency Colorado Avenue Area Stormwater THIS AGREEMENT is made and entered into this 23rd day of April, 2013, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and " Immokalee Area Community Redevelopment Agency (CRA)." A Community Redevelopment Agency approved by the Board of Collier County Commissioners, having its principal office at 1320 15th Street Immokalee,Fl 34142. WHEREAS, the COUNTY has entered into an agreement with the State of Florida, Department of Economic Opportunity; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income by addressing hurricane impacted housing, public facility and community development needs; and WHEREAS, The Board of Commissioners of Collier County approved the Collier County Agreement with the Florida Department of Economic Opportunity for $9,963,208.00 in Community Development Block Grant Disaster Recovery Initiative(DRI) funds on May 25, 2010, item 1116D 10. WHEREAS, the County and the Subrecipient desire to provide the activities specified in exhibit A of this agreement, in accord with the approved 2008 Disaster Recovery Initiatiave Subgrant Agreement, simultaneously approved by the County with this Agreement; and WHEREAS, the County desires to engage the subrecipient to implement such undertakings of the Disaster Recovery Initiative (DRI)Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: I. SCOPE OF SERVICES Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 1 of 30 CA Packet Page -1032- 12/10/2013 16.B.1. The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG/DRI funds, as determined by Collier County Housing, Human and Veteran Services (III-IVS),perform the tasks necessary to conduct the program as follows: The Immokalee Area CRA project will Undertake various flood and drainage improvements in the Colorado Avenue area, as defined by the Inunokalee Stormwater Master Plan (ISWMP),conduct an Environmental Review/Assessment for the Immokalee Stormwater Master Plan, install or replace associated sidewalks and complete engineering activities for the project. The detailed project scope will be contained in the schedule of values awarded in the project's construction contract. The project's construction contract will include details sufficient to document the number, amount and costs associated with all activities for payment. Should there be any variation between the initial proposed construction and the eventual award for the construction and the associated construction agreement, the construction agreement will prevail for reimbursement. All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 II. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the effective date of Modification#7 of DRI Subgrant Agreement#1 0DB-1)4-09-21-01-109 and end prior to the end date of the same agreement. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. Any funds not obligated by the expiration date of this agreement shall automatically revert to the County, III. AGREEMENT AMOUNT The COUNTY agrees to make available FIVE HUNDRED SEVENTEEN THOUSAND THREE HUNDRED DOLLARS ($517,300) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s)to the Agreement, shall be referred to as the"Funds"). All improvements specified in Section I. Scope of Services shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by IIHVS, which shall have access to all records and documents related to the project. The budget identified for all improvements is as follows: Irnrnokalee Area Community Redevelopment Agency [)R1 08-09 Colorado Ave.Area Stormwater Page 2 of 30 Packet Page-1033- 12/10/2013 16.B.1 . DRI FUNDS NOTE Activities/items/services may include but not be limited to: Colorado Avenue Project All costs associated with the construction of $ 517,300 stormwater improvements and associated sidewalks for the Colorado Ave. Stormwater project and the environmental assessment for the Immokalee Stormwater Master plan. Total $ 517,300 Modifications to the budget and scope may only be made if approved in advance. Budgeted fund shifts between cost categories and activities shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a cost category and activity shall only be made with board approval. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of quarterly progress reports. Invoices for work performed are required every month. If no work has been performed during that month,or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but,not more frequently than once per month. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by I-IHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with§218.70,Florida Statutes, otherwise known as the"Local Government Prompt Payment Act." The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Construction activities for stormwater improvements, Submission of monthly invoices on AIA G702- Environmentals and associated sidewalks. 1992 form (attached as Exhibit"0") or equivalent document per contractor's Schedule of Values. Supporting documents must be provided as back up. Final 10% of the construction contract to be released upon Certificate of Completion, final waiver of lien from general contractor and documentation of clients served. 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 Immokalce Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 3 of 30 Cq Packet Page-1034- 12/10/2013 16.B.1. communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Lisa Oien, Grant Coordinator 3339 E Tamiami Trail, Suite 211. Naples, Florida 34112 SUBRECIPIENT ATTENTION: Brad Muckel, Interim Director Immokalee Area Community Redevelopment Agency 1320 15th Street Immokalee, Fl. 34142 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 Immokatec Area Community Redevelopment Agency DR I O8-09 Colorado Ave.Area Stormwater Page 4 of 30 C'A Packet Page-1035- 12/10/2013 16.B.1 . Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. D. AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons, If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the 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 fights 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 • Immokatec Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 5 of 30 Packet Page -1036- 12/10/2013 16.B.1 . The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD),THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND COLLIER COUNTY HOUSING,HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. G. TERMINATION In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the 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's obligation)to recoup all or any portion of the funds, as the COUNTY may deem necessary. Immokalce Area Community Redevelopment Agency DRl 08-09 Colorado Ave.Area Stormwater Page 6 of 30 CA Packet Page-1037- 12/10/2013 16.B.1 . Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in excess of$25,000 as outlined in 24 CFR 570.505 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570,901) until five (5) years after expiration of the term of this Agreement or for such longer period of time as determined to be appropriate by the COUNTY and as memorialized by the COUNTY and the SUBRECIPIENT in an amendment to this Agreement or such instrument as the COUNTY at its discretion determines appropriate;or b. If not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of or improvements to, the property. No payment is required after the period of time specified in subsection (a). VIII. INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. IX. ADMINISTRATIVE REQUIREMENTS A. EXAMINATION OF RECORDS The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to,the following: B. DOCUMENTATION AND RECORDKEEPING 1. All records required by CDBG/DRI/DEO. 2. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or SUBRECIPIENT for the SUBRECIPIENT at purpose of this Agreement shall be made available to the any time upon request by the COUNTY or I1HVS. 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 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 (6) years after expiration of this Agreement, as required by the CDBG supplemental conditions provided by the Department of Economic Imrnokalee Arca Community Redevelopment Agency I)RI 08-09 Colorado Ave. Area Stormwater Page 7 of 30 • EA. Packet Page-1038- 12/10/2013 16.B.1 . Opportunity with the following exception: if any litigation, claim or audit is started before the expiration date of the for six (6) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. 4, The SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 5. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines, The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. 6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR. 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIP1ENT shall submit quarterly progress reports to the COUNTY on the 15th day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, beneficiaries served and performance data on client feedback with respect to the goals and objectives set forth in Exhibit"D". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause 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 immokalcc Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Slormwaler Page 8 of 30 CAC Packet Page-1039- 12/10/2013 16.B.1 . reports required by HHVS, DEO or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, DEO AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in compliance with thresholds of the Collier County Purchasing Policy, as shown below. Should there be a conflict; the Purchasing Policy Thresholds will prevail. Dollar Range ($) Quotes Under$3K No Quote Required Above$3K to $10K 3 Written Quotes Above $1 OK to $50K 3 Written Quotes Request for Proposal (RFP)Invitation To Above $50K Bid(ITB) F. AUDITS AND INSPECTIONS At any time during normal PIENT shall hours and available alltrecords, doeum�ationrapd representatives) data deem necessary, the SUBRECIPIENT 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 SUBRECIP1ENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment,program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section X.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. X. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE • The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, • discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, lmmokalee Area Community Redevelopment Agency DRI 08-09 • Colorado Ave.Area Storm water Page 9 of 30 • • CA Packet Page-1040- 12/10/2013 16.B.1 . 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 (LM1) persons, This specific project must benefit a minimum of three (3) LMI persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. D. AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 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 lmrnokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave. Area Stormwater Page 10 of 30 • CAC) Packet Page-1041- 12/10/2013 16.B.1 . 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 he provided for employment of and participation of low and moderate-income residents of the project target area. XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not 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. 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 23rd day of April, 2013. SIGNATURE PAGE TO FOLLOW Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwatcr Page 11 of 30 Cq( Packet Page-1042- 12/10/2013 16.B.1. ATTEST: BOARD OF I OI1N Y C MMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER CO T1 , FL RIDA �:.. �..i�. 11110 ��--� By: GEORGIA A.HtL ER, ESQ Attests . . • an's CHAIRWOMAN sign Auro n `'f/�;��� Dated: + +3 (SEAL) Collier County Community Redevelopment Agency (CRA)Immokalee By: Subrecipient Signature y/23/. r:3 Tim Nance, Chairman, Collier County Community Redevelopment Agency Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 12 of 30 Packet Page-1043- 12/10/2013 16.B.1. EXHIBIT "A" INSURANCE REQUIREMENTS The SUIRECIPIENT shall furnish to Collier County, do 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 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 SUBREC1PIENT 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 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an"All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Avc.Area Stormtvater Page 13 of 30 C3) Packet Page-1044- 12/10/2013 16.B.1 . OPERATION/MANAGEMENT PHASE(IF APPLICABLE) • After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440,Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less that $1,000,000 combined single 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 as their interest may appear (A.T.I.M.A.) 1 1. 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, lmmokalee Area Community Redevelopment Agency D R 108-09 Colorado Ave.Area Stormwatcr Page 14 of 30 (�7 Packet Page-1045- • 12/10/2013 16.B.1 . EXHIBIT"B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION 1: REQUEST FOR PAYMENT Sub recipient Name: 1mmokalee Area Community Redevelopment Agency Sub recipient Address: 1320 15th Street Immokalee, Fl. 34142 Project Name: Colorado Ave. Area Stormwater Project No: DRI 08-09 Payment Request# • Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $517,300 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 made in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Supervisor _ (approval authority under$14,999) Dept Director (approval required $15,000 and above) Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 15 of 30 C,y Packet Page-1046- 12/10/2013 16.B.1 . EXHIBIT"C" RELEASE AND AFFIDAVIT FORM The SUBRECIPIENT certifies for itself and its contractors, subcontractors, vendors,successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This Release and Affidavit is given in connection with the SUBRECIPIENT's (progress/final) Request for Payment. lmmokalee Area Community Redevelopment Agency Witness: BY: BY: ITS: Board Chairman 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.: immokalcc Area Community Redevelopment Agency DR!OR-09 Colorado Ave.Area Stormwater Page 16 of 30 Packet Page-1047- 12/10/2013 16.B.1 . EXHIBIT "D" QUARTERLY PROGRESS REPORT • Sub-recipients:Please fill in the following shaded areas of the report • • • .• Agency Name: :::::.':::::.•••;.•:.`:i.'•:••••:livirnOkalee.,Area.'CommUnity.liedevelopment . - • • • • • Project Title: •••• • Program• • • • Alternate • • Telephone Number: .••••••• • •••. (239)867-4121•••••...:[•••••••:::•••;,•'.',"••,.•:.....•••:•••....-::::::'••;•••• ••••:••••••• • • .REPORT FOR QUARTER ENDING:(check one that applie to the corresponding grant period): 3131 •••••••:'... 6/30 9/30 '.:•.•••••?. 12/31 fnal• • • •• • . •• . • •• • ••• •• .•-••• •• -.:••••• . , • . .. " • 1. meeting those goals •• ••• •• .•• • • A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement. •• • •• • • •• O ••- • • • ,••• •••• ..••••••••• • •-•.' - • , ,,_„, _ , , ' • ' • • "' • B,Goal Progress:Indicate the progress to date in meeting each I utcome goal. ,‘. Outcome I . ••• . • . •.. • . „ . . • . • ..••• ..•• ....•......•.. _ • • •••••.. ••••.• • " •• ••• .• • .,• : ,"" •.• :: •••,' '• ". •. • •• . • " .••• •• ••••• • ••• •"■• • •• ••, '•—•••,•••• •••" •• ' ' • ' •• ••• •• ••• "• •• • •-•••• • ■••• ■•••••..•-• ••• •,•"•I•.''•:•." • • • • • •••• •'. „. • ,••• ■•• • • ..—• • • " .•••••••• • • " " • "" • " •• • • • ••'" •" • • •••• ••• •••' •• • •,•• •'••••• • • " • `i, '11.• • • • • " " • ." • • • • I • • •• • . • • 'e",,,'•1•.•• • • •,•,,••••••••, •••••••••• ••.. ••••`. '•'; ,• •. •■• ; . • ,„ • , * Is this project stilt In compliance wHttllhe-Orlginal.ptojeCt Schedule?..1t0Ors..thaTi.2. 2. new timeline for approval. - '• • • ,,• Immolca/ec Area Community Redevelopment Agency T3R1 08-09 Colorado Ave.Area Slornlwatcr Page 17 of 30 Packet Page-1048- 12/10/2013 16.B.1 . • • e p C1 s , . If no,explain: 3, • Since agreement date,of the persons assisted,how many.... • a • ...now have new access(continuing)to this service or benefit b. • .••now has imp-oved access to this service or benefit o ▪ ...now receive a service or benefit • TOTAL: 0 • 4. • What funding sources are applied for this period!pro_ • Section 108 Loan Guarantee DRI/DREF r , • Other Consolidated Plan Funds CDBG z ; $ ; • Other Federal Funds ESG • State/Local Funds HOME • • • • $ Total amount $ • • Total Other Funds of Funds - • • • lmmokaiee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Page 18 of 30 (1) Packet Pag€ -1049- 12/10/2013 16.8.1 . EXHIBIT "D" QUARTERLY PROGRESS REPORT 5. What Is the total number of UNDUPLICATED clients served this quarter,if applicable? a. Total No.of adult females served: ''.'.0 -:Total No.of females served under 18: O is b. Total No.of adult males served; p. ?.':Total No of males served under 18: 0 1 TOTAL: 0 TOTAL: 0 a. Total No of families served: 0 Total No.of female head of household: 0 6. What Is the total number of UNDUPLICATED clients served since October,if applicable? a. Total number of adult females served: 0 Tote}number of females served under 18: b. Total number of adult males served: 0 .Total number of males served under 18: 0 .'.. TOTAL: 0 TOTAL: 0 c. Total No.of families served: U Total No.of female head of household: 0 '. Complete EITHER question#7 OR#8.Complete question#7 If your program only serves clients in one or more of the listed HUD Presumed benefit categories. Complete question#8 if any client In your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8, 7. 'PRESUMED BENEFICIARY DATA: 1 8. (OTHER BENEFICIARY DATA INCOME RANGE 1 • Indicate the total number of UNDtJPLICATFD Indicate the total number of)/NnEIPL1CATED parsons persons served since October 1 who fall Into served since Ootober 1 who fall into each Income each presumed benefit category (the total category(the total should equal the total In question#6): should equal the total in question#6): Report as: Report as: "..0- Abused Children 0 • Extremely low income(0-30%) 0 Homeless Person 0 .''.Low Income(31-50%) 0 r Battered Spouses 0 :'Moderate Income(51-80%) O Persons w/HIV/AIDS 0 Above Moderate income(>BO%) O Elderly Persons O Veterans O "i.Chronically/Mentally ill O Physically Disabled Adults 0' Other-Youth TOTAL: 0 TOTAL: 0 • 9. [Racial&Ethnic Data: '(if applicable) Please indicate how many UNDUPLICATED clients served since October fall into each race category. In addition to each race category, please indicate how many persons In each race category consider themselves Hispanic (Total Race column should equal the total cell). RACE ETHNICITY While 7, of whom,how many are Hispanic? Slack/African American :hp p of whom,how many are Hispanic? Asian -0 0 ';;of whom,how many are Hispanic? Arnerican Indian/Alaska Native s0 0 '?;of whom,how many are Hispanic? Native Hawaiian/Other Pacific Islander • D 0 of whom,how many are Hispanic? American Indian/Alaskan Native 8 White 0 0 ;of whom,how many are Hispanic? BlecldAtrican American&White i0 0 of whom,how many are Hispanic? Am.Indian/Alaska Native&Black/African Am 0. 0 :of whom,how many are Hispanic? Other Multi-racial 0 0 i';of whom,how many are Hispanic? Other -0 .. 0 ;of whom,how many are Hispanic? TOTAL: 0 0 TOTAL HISPANIC Name: Signature: Your typed name here represents your electronic Title: signature immokalee Area Community Redevelopment Agency DR]08-09 Colorado Ave.Area Stormwater Page 19 of 30 Packet Page-1050- 12/10/2013 16.B.1 . EXHIBIT"E" ANNUAL AUDIT MONITORING REPORT OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Sub recipient Immokalee Area Community Fiscal Year Ending Sept. 30, 2011 Name Redevelopment Agency FY 10/1 to 9/30 Period and 2012 When available Total State Financial Assistance Expended during $ most recently completed Fiscal Year Total Federal Financial Assistance Expended during most $ recentlLcompleted 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 Immokalee Area Community Redevelopment Agency DRl OF,-Q9 Page 20 of 30 Colorado Ave.Area Staimwater Pa�' n Packet Page -1051- 12/10/2013 16.B.1 . EXHIBIT "F" LOCAL, STATE AND FEDERAL RULES, REGULATIONS AND LAWS 1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG)funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended 4. Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968 as amended 5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. 7. Title VII of the 1 968 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 SUBR.ECIPIENT'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 Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Srormwater Page 21 of 30 Packet Page -1052- 12/10/2013 16.B.1. be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of 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. 1 1. 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. lmmokalce Area Community Redevelopment Agency DRI 08-09 Colorado Ave, Area Storm water Page 22 of 30 Packet Page-1053- 12/10/2013 16.B.1. 18. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations and specified by the following subsections: • Subpart A-General; • Subpart.B -Pre-Award Requirements,except for 84.12, Forms for Applying for Federal Assistance; • Subpart C-Post-Award Requirements, except for: o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; o Section 84.23, Cost Sharing and Matching; o Section 84.24, Program Income - in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; o Section 84.25,Revision of Budget and Program Plans; o Section 84.32, Real Property - In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; o Section 84.34(g), Equipment- In lieu of the disposition provisions of 84.34(g) the following applies: • In all cases in which equipment is sold, the proceeds shall be program income (pro- rated to reflect the extent to which CDBG funds were used to acquire the equipment); and • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; o Section 84.52,Financial Reporting; o Section 84,53(b), Retention and Access Requirements for Records, Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual 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 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. • 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give,either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in lmmokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave. Area Stormwater Page 23 of 30 1 Packet Page-1054- 12/10/2013 16.B.1 . Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. 23, Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval, Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon. Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20`h 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 seg., as amended. 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment(LOMA)may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. 27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. 28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. Irnmokalce Area Community Redevelopment Agency I)RI 05-09 Page 24 of 30 Colorado Ave. Area Stonn a water g / . f r ' Packet Page -1055- 12/10/2013 16.B.1 . 29. The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug- Free Workplace Act of 1988 (41 USC 701). 30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments, and Indian Tribes follow: • A-87 for Cost Principles • A-102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow: • A-21 for Cost Principles • A-110 for Administrative Requirements Non-Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements 32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133, Audits of States, Local Governments, and Non-Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use 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. In accordance with the DRI Administrative Plan, a ten (10) year depreciating lien for the homeowner will be filed as a security instrument for the work performed and funded with the grant. 34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. 35, No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the immokalee Area Community Redevelopment Agency DRI 08-09 • Colorado Ave. Area Stormwater Page 25 of 30 Packet Page-1056- 12/10/2013 16.B.1 . entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 36. Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem rates in effect at the time of travel, 37. Any rule or regulation determined to be applicable by HUD/DEO. 38. Florida Statutes 713.20, Part 1, Construction Liens • 39. Florida Statutes 119.021, Records Retention. 40. The Disaster Recovery Initiative Grant Agreement#10DB-D4-09-21-01-K09 between Collier County and the Florida Department of Economic Opportunity by reference is incorporated into this agreement. Imrnokalee Area Community Redevelopment Agency DR 108-09 Colorado Ave.Area Stormwater Page 26 of 30 Packet Page -1057- 12/10/2013 16.B.1 . EXHIBIT"G" ALA G702-1992 Form Immokalee Area Community Redevelopment Agency • D R I OR-O9 Colorado Ave. Area Stormwatcr Page 27 of 30 Packet Page-1058- 12/10/2013 16.B.1 . ao t� , Document G702 Mr,-- 1992 Instructions awe Application and Certificate for Payment GENERAL INFORMATION I1urpctae trod Retitled t.)oenmrnts AIA Document(.17112, Application and('ellilicuic liw Payment,is to be used in conjunction with Al A Document 6703,Continuation Sheet.These It otrmcnl t are Designed to he used on a Project where tt C'nntructor has a direct Agreement with the Owner.Procedures lire thew use are Covered in Ali\ I)ocumcni A21)1.General Conditions of the Contract for Construction. Use of Current Documents i-'riin'to using any AI A Cont'aei 001.1.1111e.et,users should consult wwtt•.ai i erg or a local AIA component to verity the most recent edition. lit. Rep 't'hi.s document i5 it copyrighted wort;and may not he reproduced or excerpted from without the express written permission ot'the Al A.'There is on implied permission to reproduce this document.nor clues membership In The American Institute of Architects confer any fnrthcr rights to repmchtee this document. The Al A (hereby fronts the purchaser a limited license to reproduce a maximum of ten copies of a completed 0702,but only for use in connection with a particular project.The AIA will not permit reproduction outside of the limited license for reproduction emoted above.except upon written request and receipt of written permission Preen the AIA. it his to IrpruJucn the document Amy vary fir users of AIA snit ware. Licensed AIA software users shuuhl consult the End User l.o t'itsc Agreement Will-A). 'l•u report cullvri)ht vinlnlion.)I'AIA Contract Documents.e-mail The American Institute of Architects'legal counsel, copyrir.'hI(rrl;t1:I.ar1:. COMPLETING THE G702 FORM After Ibc Contractor Its completed /MA I>ovurl lens ()71)3.Continuation Sheet,satrmltary information should he transferred to AlA Document (171)2, Application and(.'ertitit'ale for Ilaynteutl. The C'0111iticttlr.sh19dd sign 0702, have it notarized.lout submit it.tciiztaher with G703.10 the Architect. The Architect should review 0702 and 0703 and,it they arc acceptable,complete the Architect's Certificate for Payment no Ci7(12, The Architect may certify it different 0)100111 Ihnn thus applied few,Pursuant to Sections 9.5 and 0.6 of A20I.The Architect should then initial all futures on G7(12 and(171)3 that have been changed to conform to Ilse a)ustntl certilIed surd tttnell an explanation.The completed 0702 and(1703 should he forwarded to the Owner. MAKING PAYMENT The OWIler should make puyrnent directly to the Contractor bused on the amount certified by the Architecl on AIA Ducurnertt 07702, Application nod Certificate for Payment,The convicted form contains the name and address of the Contractor. Payment should not be made to any other puny unless specifically indicated on(3702. EXECUTION OF THE DOCUMENT Persons executing the document should indicate the capacity in which they are acting 1 i.e..president,secretay,partner.etc.)and the authority under which they are executing.the de>eumcnt.Where appropriate,0 copy iiI the resoluli00 lilt mrizinp,the individual to act on behalf of the firm or entity should be attached. • • • • • AIA Document G702t0-1992.Copyright(0 1953.1958.1965,1971.1979.1993 and 1992 by the American Institute el Architects.All rights reserved.WARNING:This AtA"Docu,nent is protected by U.S.Copyright Law and International Treaties.UnaulhodzaO reproduction or distribution of this AIA'Document,or any portion of It,may result in severe civil end criminal percales,and will be prosecuted to the maximum extent possible under the taw.Purchasers are permitted 0 reproduce ten (10)conies el Ihic document when completed.To report copyright vinlaliens of AIA Gnnlrani Dncu,dnrlls,n-mail The Armarioan In5lttule at Ardlllncl5 IegAl counsel, copyrightt6talin.oip. • • Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area 5tormwater Page 28 of 30 • Packet Page-1059- 12/10/2013 16.B.1 . olio 4 `13 Document G7021L` — 1992 Application and Certificate for Payment TO OWNER: PROJECT: APPLICATION NO: Distribution to: PERIOD TO: OWNER 0 CONTRACT FOR: ARCHITECT 0 FROM CONTRACTOR; VIA ARCHITECT: CONTRACT DATE: CONTRACTOR 0 PROJECT NOS; i / FIELD 0 OTHER 0 CONTRACTOR'S APPLICATION FOR PAYMENT •Ode midi:Nitwit Contractor cutiliea dial to the hest or the Cnnhueuo's knowledge,iufu]m:uiot Application it'mule for payment.a�shuwll helrnv.in rcanteelion teid,the Contract. isod Iv:Iicr Ihi'Work meld d by this Applicatilm F Payment has Twit enmphleri in accordance with the Contract Ihi itas sus,that it amnions have been paid by the C'nntractin l'or Work fur Continuation Sheet.AlA I)ocoolrnt Ci7113.is Attached. rsIikh previous('arliftc des for Payment were issued and payments rc<ctived(stmt the Owner.and i,ORIGINAL CONTRACT SUM $ _ tbar.eilrem payment shown herein is now due. 2.Net change by Change Orders 4 _ _ CONTRACTOR: 3.CONTRACT SUN TO DATE(Lino I±'_1 4 _ Y.— 13y: _ _!, kilo: •_ 4,TOTAL COMPLETED&STORED TO DATE(('olunnt G nnG7i13i 4 St:1N of — 5.RETAINAGE: Cmnh'of: a. _'.iof Completed Work Stthsetilwd and sworn ill before il:ohm'at 0+Eon 11't01 5 --_..__. ____ flit'this Illy or b. 4i.of Stored bi.Uerial Cnlutnp 17 rat G710l S Nolan Pli.lie: Sly Commission espites: 'total Relaioage 51.iucs 5a-Sb or'Final in CUlotrtn I of(i?03i S - 6.TOTAL EARNED LESS RETAINAGE . s ARCHITECT'S CERTIFICATE FOR PAYMENT Line 4 I.ess Line ST milli hi randmrsr with the Cop WO Docnntcnls,based nil on-sile ohscr Val inns and die dnot comprising 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT S thin ilpplicotau!,the Areltitcei certifies In the Owner that In(hi'kit of the Ardtilert's knowledge, infunitoxm and belief 11±: Work has prom—melt in indicated.Ito'quality of the Wink is in Limit'Ii 151115 p (t'mli(mi_Oci acenrdanci' will] the Contract Drnxtttenls, and the Corintxtor is eolilicd to paynienl of the T 1 rl\lillINTI I Il 11111:). 8.CURRENT PAYMENT DUE 8.BALANCE TO FINISH,INCLUDING RETAINAGE AMOUNT CERTIFIED...........................................................................S t I Ate t Ie:s;I One(ml S trllinrh evirtt rrirxt(l orrt:en certified&gen.frrxn time outman applied.initial lilt figures on Oily __ ;tpptir+akni awl rat tins Crluuriu01101i Skeet thin are elentgral h+i'inpot tills the amount ratified.) ICHANC 01■1)FR SI!\.it+MASY _- ADI)ITIONS )L•3)t7C1'1ONS-_ ARCHITECT: !Total rhongcs apput+tt in prrviuu•midis by 0;W ti D _ By: — ---- Date: ..--------___-....._. inimi approved his.\4rttth — --S __'_ TOTALS 'Phis C'enihratc is not negun able.'rite AMOIINT'CERTIFIED is payable only to the Contractor _— ------ mood herein.Isaau+:e•paynenl awl acre.plant•e o'payment are without prejudice In any rights of I NET(I I!\N(CS In Change()Kier — M T tlh•((truer 11e Contru:lar Undef this Cool 010 Document G702re-1992,Copyright 6)WSJ 1983,1965.197',1979.1983 al 1992 by the Ainraiean hgolubo ol A+clttkwis,All rights lnserved.WARMING:Tidy Ala'nnrmnrenl Is potected by U.S.e spyriglil L tV ..•t'I,l'io,tiri:l 1.10i,Ws-,tlismOi l f:•r.f limN,41,1•-Us i,iill+alnaoit of Clik r+IA.oserm1aent•+tt trop pnriinn N II,may nstdi or icon,rtvIl and ci tininal•r rialii ,aivt we/l.!pwstni Oil In lit- r.rrirril elicit !loiliiiS r rn11L9"Slit,law P':addvivoc ittft:Comilla i iv raptcdnce ten tIO op es at nu;(to anent gloat co irfleled.To tepnll ei isryll vdnprxa;of AlA Conuaci Docomentc,0.11ti1 The Anteticvt tnWii.fe at Architects'legal consul eopyrintnEoaa.olq. Irnrnokalce Area Community Redevelopment Age-J..), DR 1 08-09 Colorado Ave.Area SIormwater Page 29 of 30 C) Packet Page-1060- .......—...„„.„„: „... ... . .. ::. .„ .. „,. „:,...., . ..„ . •. . . . . . ::. . .: .. . . ...... ,.. . .,. ..: :.. .. . 12/10/2013 16.B.1. CONTINUATION SHEET AIA DOCUMEN 6703 !Instructions on reverse side') PAGE _...._. AIA Document 6702, APPLICATION AND CERTIFICATE FOR R•VVMENT. APPLICATION NO.: i.!;)nraini:ig Contractor's s'.,,ncd Certification,is anacII.M. .APPLICATION DATE: In 12biknons bt.-.10tv,arrionnts are sled to he near.tsi doIlar. PERIOD TO Gaon I on Contracb where variable rein sge ii)r line Um!,may 2prdy, ARCHITECT'S PROJECT NO.: A I Et C D E --1 I ---- 1 F I MATERIALS 1 , TOTAL 6 I 1-1 i I I — i I WORK COMPLETED 1 ITEM 1, iCHFPLED I --1 prwEst-Nny i.,OMPLETF,D (;., i BALANCE. RETAINAGE FIESCRIPTION OF WORK - •'- I FROM PR:v101:5 i ! sToRED I .AND STORED .,.. ' TO i NO. • VA i LE :IF VARIABLE, i •- ' I APPLICATION 1 THIS PERICIL I (Nor IN I TO DATE v C) i:INISF' i RATE' I . i (D 4- El tD-E+Fi I IC-GI i , I 1 I II 1 I I I , I I I 1 i ! i • I I , 1 1 I i 1 1 I 1 1 I , 1 i I ! ! 1 , I I i . , • , 1 1 1 . I 1 1 1 1 I I 1 • i . I 1 i 1 1 I . . ; . 1 I i ! • ! I , • • 1 I . ,• . . • • 1 1 1 I • ! , I 1 . . I------- , 1 I _ 1 i i 1 I t . , • . 1 , 1 I 1 I - ! _ . ' • ---' 1 • AIA DOCUMENT G703•I=CiNT'Alt.,,TILN:311ilET Fi)1:70;1 iy,v2 Ermrk.,N,AL At • .4;11.)92•TilE.t.v5ICAN 1:43T1Tri Or Attcs:.Ecr::,r,--,5 NET Di:::t(c..,,j.,-2.:•WARNING:Unlicensed photocopying violates US.comkjht laws and wilt suhicct the viol Tr to legal prosecution. G7O3-1992 110: . . , . ..., CAUTION;You should use an original AIA document which has Ibis caution printed in red.An original assures that changes wi not be obscured as may occur when documents are reproduced. • , . Immokalce.Area Community Redevelopment Agency DRI 08-09 • Colorado Ave.Area Stormwater Page 30 of 30 13 :. Packet Page-1061-