Agenda 12/10/2013 Item #16B3 12/10/2013 16.B.3.
EXECUTIVE SUMMARY
Recommendation that the Collier County Board of County Commissioners (BCC), acting in its
capacity as the Community Redevelopment Agency (CRA), approve a grant budget amendment in
the amount of $150,000, and formally accept an amendment to Community Development Block
Grant (CDBG) Subrecipient Agreement #B-10-UC-12-0016 between the Collier County BCC and
the Collier County Community Redevelopment Agency (CRA) (Immokalee) and approve the
underlying substantial amendment.
OBJECTIVE: To receive CRA approval of a grant budget amendment in the amount of$150,000, and for the CRA to
formally accept an amendment to Community Development Block Grant(CDBG) Subrecipient Agreement#B-10-UC-
12-0016 between the BCC and the CRA.
CONSIDERATIONS: On January 24, 2012 (agenda item #16D10), the BCC approved the Subrecipient Agreement
#B-10-UC-12-0016 between the Collier County BCC and the Collier County Community Redevelopment Agency
(CRA) (Immokalee) to purchase two adjacent parcels, design and construct the First Street Plaza located in the
downtown area of Immokalee,Florida.
The bids for the project necessitated additional funding. As is required by HUD regulations and the Five Year HUD
Consolidated Plan, Citizen Participation Plan, substantial amendments are proposed to amend the FY2010-2011,
FY2012-2013 and FY2013-2014 funding years to allow for the increase in the funding request. The required
advertisement notice was published in the Naples Daily News on October 18, 2013. The advertisement identified a
30-day public comment period from October 18, 2013 to November 17, 2013. No comments regarding the
substantial amendments were received.
On October 8, 2013 (agenda item 16D8), the BCC approved amendment #2 to the subject funding agreement
between the BCC and the CRA. This amendment included an extension to the agreement expiration date and the
additional $150,000 of funding to the overall grant agreement budget pending the approval of a substantial
amendment.
FISCAL IMPACT: A budget amendment is necessary to recognize additional CDBG grant revenue in the amount of
$150,000 within Immokalee CRA Grant Fund 715 Project 33192.The revised project budget will total$960,000.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board
approval. -JAB
GROWTH MANAGEMENT IMPACT: This grant opportunity furthers the programs and projects within budgetary
and policy guidance for the CRA and BCC 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."
RECOMMENDATION: Recommendation that the Collier County Board of County Commissioners(BCC),
acting in its capacity as the Community Redevelopment Agency(CRA),approve a grant budget amendment in the
amount of$150,000 and formally accept an amendment to Community Development Block Grant(CDBG)
Subrecipient Agreement#B-10-UC-12-0016 between the Collier County BCC and the Collier County Community
Redevelopment Agency(CRA)(Immokalee)and approve the underlying substantial amendment.
PREPARED BY:Bradley Muckel,Interim Director,Collier County CRA-Immokalee
Attachments: 1)Budget Amendment Form 2)Grant Amendment#2
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.B.16.B.3.
Item Summary: Recommendation that the Collier County Board of County Commissioners
(BCC), acting in its capacity as the Community Redevelopment Agency(CRA), approve a grant
budget amendment in the amount of$150,000, and formally accept an amendment to
Community Development Block Grant (CDBG) Subrecipient Agreement#B-10-UC-12-0016
between the Collier County BCC and the Collier County Community Redevelopment Agency
(CRA) (Immokalee).
Meeting Date: 12/10/2013
Prepared By
Name: MuckelBradley
Title:Project Manager,
11/26/2013 3:43:56 PM
Submitted by
Title:Project Manager,
Name: MuckelBradley
11/26/2013 3:43:57 PM
Approved By
Name: RobinsonErica
Date: 11/27/2013 11:55:16 AM
Name: BelpedioJennifer
Title: Assistant County Attorney,County Attorney
Date: 12/3/2013 9:28:39 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 12/3/2013 10:00:40 AM
Name: FinnEd
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Title: Senior Budget Analyst, OMB
Date: 12/3/2013 10:14:21 AM
Name: StanleyTherese
Title:Management/Budget Analyst, Senior,Office of Manage
Date: 12/3/2013 11:17:53 AM
Name: IsacksonMark
Title:Director-Corp Financial and Mgmt Svs,CMO
Date: 12/3/2013 11:35:18 AM
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Grant#-B-10-UC-12-0016
CFDA/CSFA#-14.218
Subrecipient—Collier County Community
Redevelopment Agency-Immokalee
DUNS#-076997790
FETI#-59-6000558
FY End 9/30
Monitoring Deadline 9/30/2018
SECOND AMENDMENT TO
AGREEMENT BETWEEN COLLIER COUNTY
AND
COMMUNITY REDEVELOPMENT AGENCY (CRA) IMMOKALEE
IMMOKALEE CRA-FIRST STREET PUBLIC FACILITY
FIRST STREET PLAZA
THIS AMENDMENT is entered into this 8th day of October, 2013 by and between the parties to
the original Agreement, "Collier County Community Redevelopment Agency (CRA) -Immokalee," a
public entity created by Collier County pursuant to Chapter 163, Florida Statutes" having its principal
office at 750 South Fifth Street, Immokalee, FL 34142, and its Federal Tax Identification number as
59-6000558 and DUNS #076997790, herein after referred to as "SUBRECIPIENT" and Collier County,
Florida,hereinafter to be referred as "COUNTY", collectively stated as the "Parties."
RECITALS
Whereas, on January 24, 2012, the County entered into an Agreement with the Community
Development Block Grant Program funds to be used for land acquisition and construction/design-build
activities/line items/services (hereinafter referred to as the"Agreement"); and
Whereas, on January 8, 2013, the Agreement was amended,and
Whereas, the Parties desire to further amend the Agreement to reference additional HUD language
and make housekeeping type modifications to the agreement including the Scope of Services.
NOW THEREFORE, in consideration of the foregoing Recitals, and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged,the Parties agree to
amend the Agreement as follows:
Words Struck are deleted; Words Underlined are added
III TIME OF PERFORMACE
The effective date of this Agreement shall be January 24, 2012. The services of the
SUBRECIPIENT shall comply with all terms and conditions of HUD Grant B-10-UC-12-0016. All
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services required hereunder shall be completed by the SUBRECIPIENT up to and including October 30,
201-3 May 31, 2014. Any funds not obligated by the expiration date of this Agreement shall automatically
revert to the COUNTY as set forth in Section XI.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable
costs, determined by COUNTY, in an amount not to exceed EIGHT HUNDRED TEN THOUSAND
AND 00/100 DOLLARS (U.S. $810,000) unless an additional $150,000 of grant funds is allocated by the
Board of County Commissioners in a Substantial Amendment to the County's Action Plan. If so, the
SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs.
determined by COUNTY, in an amount not to exceed NINE HUNDRED SIXTY THOUSAND AND
00/100 DOLLARS (U.S. $960,000) for the services described in Exhibit "A." The amount of ZERO
DOLLARS ($0.00) to be retained by Collier County for grant administration. In the event the project
costs exceed the stated amount, the SPONSOR shall be responsible for the excess.
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or
shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal
requirements. The SUBRECIPIENT shall enter into contract for improvements with the qualified section
3 business concern with the lowest responsive quotation/bid, if it is reasonable and no more than 10
percent higher than the quotation/bid of the lowest responsive quotation/bid from any qualified source.
Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall
have access to all records and documents related to the project.
.... .. . - .. - --- •: :- -..:- . ..�: - I. _
as work progresses but, net sere frequently than ()nee per mouth. P: - .. _ •
a proper invoice and in compliance with § 21-8.70, Fie Stat.,otherwise knewn as the "Local Government
Prompt Payment Act." No payment will be made until approved by- Vg:
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
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made upon receipt of a properly completed invoice and in compliance with $218.70, Florida Statutes,
otherwise known as the"Local Government Prompt Payment Act."
* * *
VI. GENERAL CONDITIONS
* * *
C. LOCAL AND FEDERAL RULES,REGULATIONS AND LAWS
The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations and
orders of the State, local and Federal governments, including,but not limited to:
1. 24 CFR 570, as amended - The regulations governing the expenditure of Community
Development Block Grant(CDBG) funds.
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
3. Title VI of the 1964 Civil Rights Act, 42 USC §2000d,et. seq.
3. Section 104(b) and Section 109 of Title I of the Housing and Community Development
Act of 1974 as amended.
' ' " - ;:ulations issued pursuant to Executive Order 11063 which prohibits
•4. Title VI of the 1964 Civil Rights Act as amended, Title VIII of the Civil Rights Act of
1968 as amended.
5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063
which prohibits discrimination and promotes equal opportunity in housing.
6-6. 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.
67. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity
Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or
advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it
is an Equal Opportunity or Affirmative Action employer.
-78. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of
the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24
CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this
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contract, shall be a condition of the Federal financial assistance provided under this
contract and binding upon the COUNTY, the SUBRECIPIENT and any of the 0 .
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 SUBRECIP1ENT further agrees to comply with these"Section 3" requirements and to
include the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a
program providing direct Federal financial assistance from HUD and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent
feasible opportunities for training and employment be given to low- and very low-
income residents of the project area, and that contracts for work in connection with
the project be awarded to business concerns that provide economic opportunities
for low- and very low-income persons residing in the metropolitan area in which
the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including reduction and
abatement of lead-based paint hazards). housing construction, or other public construction
project 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.
4-09. Age Discrimination Act of 1975. Executive Order 11063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107 and 12086.
4-1-10. Contract Work Hours and Safety Standards Act,40 USC 327-332.
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4411. 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.
4413. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended,
4414. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and
the use of apprentices and trainees on federally assisted projects as mandated by the Davis-
Bacon Act. HUD Form 4010 must be included in all construction contracts funded by
CDBG. (See 42 USC 276a and 24 CFR 135.11(c)).
4-315. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
4416. 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.
118. Public Law 100-430-the Fair Housing Amendments Act of 1988.
17. OMB Circular A 122 which identifies cost principles.
4419. 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 570.5041
o Section 84.25, Revision of Budget and Program Plans:
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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), (4, (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
1920. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to State and
Local Governments shall be followed for sub recipients that are governmental entities.
2021. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and
regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws
referenced herein shall constitute a breach of this agreement, and the County shall have the
discretion to unilaterally terminate this agreement immediately.
21. Chapter 112,Florida Statutes.
22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to
any County employee, as set forth in Chapter 112, Part Ill, Florida Statutes, Collier
County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure
5311.
23. Order of Precedence - In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the Agreement shall take precedence over the terms
of all other Contract Documents, except the terms of any Supplemental Conditions shall
take precedence over the Agreement. To the extent any conflict in the terms of the Contract
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Documents cannot be resolved by application of the Supplemental Conditions, if any, or
the Agreement, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
24. Venue - Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
2524. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached
during negotiations to COUNTY for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority
and by COUNTY'S staff person who would make the presentation of any settlement
reached at mediation to COUNTY'S board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under § 44.102,Fla. Stat.
mended, and as implemented by the regulatio- - - , - -
a condition of the Federal financial assistance provided under this contract and binding
Subrccipiont and any of the Subrecipicnt's subrccipicnts and subcontractors, their
other disability exists that would prevent compliance with these requirements. The
the following language in all suboentracts executed under this Agreement:•
- .- - -.. -. .. - ► - - -- - - ----- - -
1 7 0 1). Section 3 requires that to the greatest extent feasible opportunities for training and
contracts for work in e-onnection with the project be awarded to business concerns that
metropolitan area in which the project is located."
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.. .. _ .. - -- - - , .. •5 - - , - -; -.- - . ..• •
_. - _ -. - _ . .. .
which the project is located, and te lew and very low income participants in other HUD
programs; and award contract& for work undertaken in connection with a housing
construction, or other public eenstruction project • :- - - - - - - •
• . . - -- . . ---- - --- --- -- - --- - - - -
s h o u l d be given to business cencerns that previdc ocenomic opportunities to low and very
a.Notifications
The Subrecipient agrees to send te each labor organization or representative of workers
any, a notice advising said labor organizatio- - - ' - - ••
b. Subcontracts
•violation of regulations issued-by the granter agency. The Subrecipient will not subcontract
these regulations.
25. Clean Air Act.41 USC 7401. et seq. and
Federal Water Pollution Control Act, 33 USC 1251, et seq.. as amended.
26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4002 and 24 CFR 570.605 Subpart K . the SUBRECIPIENT shall assure that for activities
located in an area identified by FEMA as having special flood hazards. flood insurance
under the National Flood Insurance Program is obtained and maintained. If appropriate. a
letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this
requirement and/or reduce the cost of said flood insurance.
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27. The SUBRECIPIENT 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.
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-I 10 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.
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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.
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 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.
38. Florida Statutes 713.20,Part 1, Construction Liens
39. Florida Statutes 119.021 Records Retention
40. Florida Statutes, 119.071. Contracts and Public Records.
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VII. ADMINISTRATIVE REQUIREMENTS
B. DOCUMENTATION AND RECORDKEEPING
1. SUBRECIPIENT must keep and maintain all public records that ordinarily and necessarily
would be required by the COUNTY to perform the service.
2. All reports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of
this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any
time upon request by the COUNTY or HHVS. Upon completion of all work contemplated
under this Agreement copies of all documents and records relating to this Agreement shall
be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all
documents and records for six (6) years after expiration of this Agreement 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. SUBRECIPIENT must 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 COUNTY.
10. SUBRECIPIENT must provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records and at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.
SUBRECIPIENT must ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized
by law.
C. REPORTS,AUDITS,AND EVALUATIONS (MONITORING)
Reimbursement will be contingent on the timely receipt of complete and accurate reports required
by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this
Agreement as deemed necessary by the County Manager or designee.
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to
Amendment No.1 CD10-13
Community Redevelopment Agency(CRA)lmmokalee
First Street Plaza(Zocalo)Project
`age 11
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the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end.
The SUBRECIPIENT agrees that HHVS will carry out periodic no less than one(1) annual on-site
monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk
top review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations. monitoring and evaluation activities as
determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations.
The SUBRECIPIENT shall, upon the request of HHVS, submit annual audits, information and status
reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion
of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT
on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD.
F. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the procedures prescribed by the Federal
Management Circulars A-110,A-122,24 CFR Part 84, and 24 CFR Part 85.
Purchasing Threshold Policy
Dollar Range($) Quotes
Under$3K 1 Written Quote
$3K to $50K 3 Written Quotes
Request for Proposal (RFP)
Above$50K Invitation for Bid (IFB)
I. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to: making final
payments, disposing of program assets (including the return of all unused materials, equipment, unspent
cash advances, program income balances, and receivable accounts to the COUNTY), and determining the
custodianship of records. 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 SUBRECIPIENT is entitled
under this Agreement must be refunded to the COUNTY. In addition to the records retention outlined in
Section X.B.3. the 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.
* * *
Amendment No.1 CD10-13
Community Redevelopment Agency(CRA)Immokalee
First Street Plaza(Zocalo)Project
Page 12
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XI. REVERSION OF ASSETS
In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to
any and all other remedies available to the COUNTY (whether under this Agreement or at law or in
equity)the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of
termination (or expiration) and any accounts receivable attributable to the use of CDBG funds. The
COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right
(nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY
may deem necessary.
Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or
in part with CDBG funds (including CDBG funds provided to the SUBRECIPIENT in the form of a loan)
in excess of$25.000 as outlined in 24 CFR 570.505 must either:
a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.901)
until five (5) years after expiration of the term of this Agreement or for such longer period of
time as determined to be appropriate by the COUNTY and as memorialized by the COUNTY
and the SUBRECIPIENT in an amendment to this Agreement or such instrument as the
COUNTY at its discretion determines appropriate: or
b. If not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the
COUNTY an amount equal to the current market value of the property less any portion of the
value attributable to expenditures of non-CDBG funds for the acquisition of or improvements
to, the property. No payment is required after the period of time specified in subsection (a).
Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to
the conditions outlined in 24 CFR 84.34.
Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon
acquisition subject to the conditions outlined in 24 CFR 84.35.
Amendment No. I CD 0-13
Community Redevelopment Agency(CRA)Immokalee
First Street Plaza(Zocalo)Project
ige 3
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EXHIBIT "A"
SCOPE OF SERVICES
COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY(CRA)IMMOKALEE
Immokalee CRA-Public Facility
A. PROJECT SCOPE:
The Immokalee Community Redevelopment Agency (CRA) will use Community Development
Block Grant (CDBG) funding in the amount of $810,000.00 unless an additional $150,000 of
grant funds is allocated by the Board of County Commissioners in a Substantial Amendment to
the County's Action Plan. If so, the SUBRECIPIENT shall be reimbursed by the COUNTY using
HUD funding for allowable costs, determined by COUNTY, in an amount not to exceed NINE
HUNDRED SIXTY THOUSAND AND 00/100 DOLLARS (U.S. $960,000)for the acquisition of
two adjacent parcels of land and subsequent design and building of the First Street Public Plaza in
the downtown area of Immokalee, Florida. The design will include one gateway for the central
commercial district. The Plaza will be located at the NE NW corner of First and Main Street.
Land Acquisition, Design and Construction/design build activities/items/services may include but
not be limited to: closing costs, impact fees, pre-design/design, permitting, pedestrian walkway
sidewalk, and roof structure; the columns, fencing, landscaping and hardscaping(pavers)bollards,
fountain. Optional "add-alternate" items include: 1) minor design modifications to the
concrete/stucco art wall along the western property line, 2) a total upgraded wall along the western
property line, and/or 3) a large focal point sculpture on the southeast corner of the lot. Project
earthwork to will include site grading, a stormwater conveyance system, landscaping and the
installation of utilities (Irrigation,potable water lines and electric). The detailed project scope will
be contained in the schedule of values awarded the project's construction contract. The project
construction contract will include details sufficient to document the number, amount, and costs
associated with all activities.
B. BUDGET
Collier County Housing, Human and Veteran Services is providing Eight Hundred and Ten
Thousand Dollars ($810,000.00) unless an additional $150,000 of grant funds is allocated by the
Board of County Commissioners in a Substantial Amendment to the County's Action Plan. If so,
the SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable
costs. determined by COUNTY. in an amount not to exceed NINE HUNDRED SIXTY
THOUSAND AND 00/100 DOLLARS (U.S. $960,000) in CDBG funding for the project scope
described above.
Line Item Description CDBG Funds
Acquisition of two parcels of land/closing $2'l0,678.19
costs, and impact fees $240,132.17
Amendment No. I CD10-13
Community Redevelopment Agency(CRA)Immokalee
itattais
First Street Plaza(Zocalo)Project
Page 14
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All Construction/Design-Build Activities as $ 569,321.51
listed in scope $ 569,867.83
TOTAL $810,000.00
*150,000.00
*5 960,000.00
*Contingent upon Approval of Substantial Amendment to the Action Plan and BCC
approval
A :--'- : ' - I -.-- - - - _ - . -- '--- - --••' • •
Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund
shifts between cost categories and activities shall not be more than 10% and does not signify a change in
scope. Fund shifts that exceed 10% of a cost category and activity shall only be made with board
approval.
All services specified in Section 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."
C. PROJECT WORK PLAN
The following Project Work Plan is in effect for program monitoring requirements only and as
such, is not to be used as a payment schedule.
Date Start Date End Work Plan
Amendment No.1 CDIO.13
Community Redevelopment Agency(CRA)Immokalee
First Street Plaza(Zocalo)Project
'''age 15
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12/10/2013 16.B.3.
01/24/2012 05/30/12 Acquisition of parcels and closing/Impact Fees
01/25/2012 10/30/12 Begin Bid Process
01/2012 10/30/12 Procure eligible design architect
01/2012 11/30/12 Award Design Contract
01/2012 01/30/13 Pre-Design/Master Planning& Preliminary Design/Master
Planning
6/17/13 7/01/13 Submit Procurement Packet to Purchasing (includes SDP
and draft legal advertisement)
6/18/13 7/30/13 Purchasing Review/OMB/HHVS Review
7/03/13 8/15/13 Public Notice
01/2012 02/28/13 Construction Documents&Civil Site Design/SDD
01/2012 6/3.0/43 Bidding and Permits
8/05/13
8/5/13 8/5/13 Open Bids
8/6/13 8/9/13 Tabulate Bids and draft Executive Summary
9/10/13 10/22/13 Board of County Commissioners Contract Approval
9/10/13 10/31/13 Circulate Contract for signatures
9/10/13 10/31/13 Issue GC NTP (purchasing loads contract into SAP,PM
creates .urchase re•uisition Finance a..roves
01/2012 4813843- Construction Performance Period
3/03/14
3/3/14 5/31/14 Inspections, close out&permits
* * *
Amendment No. 1 CD10-13
Community Redevelopment Agency(CRA)Immokalee
First Street Plaza(Zocalo)Project
Page 16
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IN WITNESS WHEREOF, the Parties have executed this Second Amendment on date and year first
written above.
ATTEST: BOARD OF C• '11 T C O MM SSIONERS OF
DWIGHT E` BROCK, CLERK COLLIER CO I Y FLORIDA
b By: 1i 1
Attes as to chairman's GEORGIA! HILLER, ES Q., CHAIRWOMAN
`signature only`
Dated: lb ,.-11-1 CS
(SEAL)
ATTEST: Collier County Community Redevelopment Agency
DWIGHT E. BROCK, CLERK (CRA) Immokalee
it - , C.C.1_1 ,4-1.\_
Attest as taChalrrran'S
Dated: f O �4`* t 5
EAL
( /
Subrecip ent >S'gnature
Tim Nance. Chairman. Collier County
Community Redevelopment Agency-Immokalee
Type/print Subrecipient name and title
Approved as to form and legality:
i► ':._
Jenni�-`r A. Belped o
Assistant County Atto -y
Amendment No.1 CD10-13
Community Redevelopment Agency(CRA)Immokalee
First Street Plaza(Zocalo)Project
ge 17
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12/10/2013 16.B.3.
THE CDBG SUBSTANTIAL AMENDMENT
TO THE
FY2010-2011 HUD ACTION PLAN
FOR IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY-FIRST STREET
PLAZA/LA PLACITA
Jurisdiction(s): Collier County,Naples CDBG Contact Person: Elly Soto McKuen
Lead Agency: Collier County Address: 3339 E.Tamiami Trail, Suite 211,
Jurisdiction Web Address: www.colliergov.net Naples,FL 34112
(URL where CDBG Substantial Amendment Telephone: (239)252-2664
materials are posted) Fax: (239)252-2664
Email: ellymckuen@colliergov.net
The FY2010-2011 HUD Action Plan,approved by the Board of County Commissioners on April 27,2010 is hereby
amended as follows:
Words Struck Through are deleted; Words Underlined are added:
* * *
(Page 4): The following projects are recommended for funding in 2010-2011:
CDBG
Collier County Department of Transportation-Sidewalks $810,538
CDBG Planning&Administration $455,678.30
David Lawrence Center-Crisis Stabilization Unit Construction $221,000
Immokalee CRA-Business Incubator/Jobs $212,000
City of Naples-Park Improvements $120,434
City of Marco Island-Street Improvements/Lights $ 77,375
Immokalee Housing and Family Services-Job Creation $ 70,000
Goodwill Industries-Roberts Center Renovation $174,503.60
Immokalee Housing&Family Services Sanders Pines Laundry&
Playground Upgrades $ 5,216.89
Habitat for Humanity—Re-roofs $ 13,907.36
Immokalee CRA-First Street Plaza/La Placita $81 0,000-$954,000
CDBG-Public Services
Shelter for Abused Women and Children-Legal Services $118,533.51
Housing Development Corp of Southwest Florida-Shifting Program $78,454.69
Department of Housing&Human Services-Senior Meals Program $89,728.96
Guadalupe Center-Early Childhood Classroom $85,005.22
* * *
HOME
Big Cypress Inc—Main Street Village Energy Eff.Upgrades $203,005.88
Habitat for Humanity—Foreclosure Home Rehabilitation $ 132,907
HOME Administration $72,897.86
Empowerment Alliance of SW Florida—CHDO Operating $ 37,410
CHDO Set Aside $55,956.93
Big Cypress Housing Corporation $267,046.78
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* * *
AMEND PROJECT INFORMATION SHEET—(Page 55):
Project#CD10-13 —Immokalee Community Redevelopment Agency—First Street Plaza/La Placita
Proposed Amt: $144,000($810,000 funding from FY2010-2011, $150,000- $144,000 from FY2013-2014 and the
remaining$6,000 from FY2012-2013 for a total of$960,000)
* * *
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THE CDBG SUBSTANTIAL AMENDMENT
TO THE
FY2012-2013 HUD ACTION PLAN
FOR INCLUSION OF THE IMMOKALEE COMMUNITY REDEVELOPMENT
AGENCY-FIRST STREET PLAZA/LA PLACITA
Jurisdiction(s): Collier County,Naples CDBG Contact Person: Elly Soto McKuen
Lead Agency: Collier County Address: 3339 E.Tamiami Trail, Suite 211,
Jurisdiction Web Address: www.colliergov.net Naples,FL 34112
(URL where CDBG Substantial Amendment Telephone: (239)252-2664
materials are posted) Fax: (239)252-2664
Email: ellymckuen@colliergov.net
The FY2012-2013 HUD Action Plan,approved by the Board of County Commissioners on July 24,2012 is hereby
amended as follows:
Words Struck Through are deleted; Words Underlined are added:
* * *
(Page 2): The proposed One Year Action Plan for fiscal year 2012-2013 includes the following projects and the
approximate funding amounts.Please note,funding is based on actual funds received from HUD:
Project/Organization Location Description Funding Type
*** *** *** *** ***
Immokalee CRA- Immokalee Construction $6,000 CDBG
Street Plaza/La activities/items/services
Placita to include but not be
limited to: closing
costs, impact fees, pre-
design/design,
earthwork, stormwater,
electric, irrigation
water lines,permitting,
pedestrian walkway
sidewalk,roof
structure; the columns,
fencing, landscaping
and hardscaping
(pavers),
concrete/stucco art
wall,upgraded wall on
the western property
line and a large focal
point sculpture on the
southeast corner of the
lot.
*** *** *** *** ***
* * *
ADD PROJECT INFORMATION SHEETS(Page 53):
Project#CD 10-13: Immokalee Community Redevelopment Agency—First Street Plaza/La Placita
9
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Description: Construction activities/items/services to include but not be limited to: closing costs, impact fees,pre-
design/design,earthwork, stormwater,electric, irrigation water lines,permitting,pedestrian walkway sidewalk,roof
structure;the columns,fencing, landscaping and hardscaping(pavers),concrete/stucco art wall,upgraded wall on the
iestern property line and a large focal point sculpture on the southeast corner of the lot.
Project Level Accomplishments: 1
Proposed Outcome: Public Facility
Matrix Code: 03 Public Facilities and Improvement
Proposed Amt: $ 6,000(In conjunction with$144,000 funding from FY2013-2014 and$810,000 funding from FY2010-
2011 for a total amount of$960,000)
* * *
S
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THE CDBG SUBSTANTIAL AMENDMENT
TO THE
FY2013-2014 HUD ACTION PLAN
THE ADDITION OF THE IMMOKALEE COMMUNITY REDEVELOPMENT
AGENCY-FIRST STREET/LA PLACITA
Jurisdiction(s): Collier County,Naples CDBG Contact Person: Elly Soto McKuen
Lead Agency: Collier County Address: 3339 E.Tamiami Trail,Suite 211,
Jurisdiction Web Address: www.colliergov.net Naples,FL 34112
(URL where CDBG Substantial Amendment Telephone: (239)252-2664
materials are posted) Fax: (239)252-2664
Email: ellymckuen@,colliergov.net
The FY2013-2014 HUD Action Plan, approved by the Board of County Commissioners(BCC)on August 13, 2013 at an
absentia meeting and ratified on September 10, 2013 meeting is hereby amended as follows:
Words Struck--Through are deleted; Words Underlined are added:
* * *
Project/Organization Location Project Description Funding Type
Construction
activities/items/services
to include but not be
limited to: closing
costs, impact fees,pre-
design/design,
earthwork„ stormwater,
electric,irrigation
Immokalee water lines,permitting,
pedestrian walkway
Community
Redevelopment Immokalee sidewalk,roof $144,000 CDBG
Agency—First Street structure;the columns,.
Plaza/La Placita fencing, landscaping
and hardscaping
(pavers),
concrete/stucco art
wall,upgraded wall on
the western property
line and a large focal
point sculpture on the
southeast corner of the
lot.
* * *
ADD PROJECT INFORMATION SHEETS (Page 50a):
Project#CD 10-13: Immokalee Community Redevelopment Agency—First Street Plaza/La Placita
Description: Construction activities/items/services to include but not be limited to: closing costs,impact fees,pre-
"..14%
design/design, earthwork„ stormwater, electric, irrigation water lines,permitting,pedestrian walkway sidewalk,roof
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12/10/2013 16.B.3.
structure.,the columns,fencing, landscaping_and hardscapingjpaversh concrete/stucco art wall,upgraded wall on the
western property line and a large focal point sculpture on the southeast corner of the lot.
Project Level Accomplishments: 1
Proposed Outcome: Public Facility
Matrix Code: 03 Public Facilities and Improvement
Proposed Amt: $ 6,000 (In conjunction with $144,000 funding from FY2013-2014 and$810,000 funding from FY2010-
2011 for a total amount of$960,000)
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