Agenda 09/25/2012 Item #16D9 Proposed Agenda Changes
Board of County Commissioners Meeting
September 25,2012
Request to hear Item 10A immediately before Item 14A1. (Commissioner Hiller's request)
Add Item 10K: Consideration of impending vacancy on the Collier County Planning Commission for District 5
representative. (Commissioner Coletta's request)
Withdraw Item 11D: This is a quasi judicial hearing.This item requires that ex parte disclosure be
provided by Commission members and all participants are required to be sworn in. Recommendation to hear
testimony from American Medical Transport and the public to determine the need for an additional Class 2
post-hospital inter-facility transport ambulance transfer service in Collier County. (Applicant's request)
Withdraw Item 11E: Recommendation to approve the Site Improvement Plan and authorize the Chair to
sign the Compliance Agreement for Star Mobile Home Park located at 1507 Immokalee Drive,Immokalee,
Florida. (Staffs request on behalf of property owner)
Move Item 16A7 to Item 11J: Recommendation to accept a schedule to review past staff clarifications of the Land
Development Code(LDC)and to accept specific Staff Clarifications attached to this Executive Summary.
(Commissioner Hiller's request)
Add Item 11K: Recommendation to continue the Fiscal Year 2012 Pay and Classification Plan for the Board of
County Commissioners and Office of the County Attorney into Fiscal Year 2013,allowing for final revisions to the
proposed Fiscal Year 2013 plan which will be brought forward for consideration at the Board meeting of October 9,
2012. (Staffs request)
Withdraw Item 16C1: Recommendation to approve a time and materials contract with Agnoli Barber& Brundage
in the not-to-exceed amount of$243,631 for Request for Proposal No. 12-5883, "Master Pumping Station 312
Professional Services During Construction," Project Number 72549. (Staffs request pending resolution of a bid
protest)
Continue Item 16D5 to the October 9,2012 BCC Meeting: Recommendation to accept the Conservation Collier
Annual Report. (Staffs request)
Continue Item 16D6 to the October 9,2012 BCC Meeting: Recommendation to approve and authorize the
Chairman to execute a Resolution repealing Resolution No.2009-296 and a Resolution establishing a revised
Collier County Public Library Fees and Fines Schedule. (Staffs request)
Move Item 16D9 to Item 11L: Recommendation to comply with a
Housing and Urban Development (HUD) payback disbursement directive
of federal funds in the amount of$500,000 for a Community Development
Block Grant (CDBG) project subawarded to Habitat for Humanity
(HFH) and authorize any necessary budget amendments. (Commissioner
Hiller's request)
Withdraw Item 16G1: Recommendation to approve a License Agreement with United Circus Operating Co.,Inc.
d/b/a The Kings Bros Circus at the Immokalee Airport for a one(1)day circus event. (Staffs request)
Proposed Agenda Changes
Board of County Commissioners Meeting
September 25,2012
Page 2
Withdraw Item 17C: Recommendation to adopt proposed changes to Ordinance No.91-65,of the
Affordable Housing Advisory Committee Ordinance to incorporate statutory requirements and otherwise
clarify terms. (Staffs request)
Note:
Item 16D2: The second sentence in the Considerations section of the Executive Summary should read: "Per
Florida Statutes subsection 39.304(5),the parents,legal guardians,or legal custodians are required to reimburse the
County for the costs of such initial allowable examinations". (Staffs request)
Time Certain Items:
Item 9B to be heard at 5:05 p.m. (Bayshore Triangle CRA Amendments and Wellfield and related Amendments)
Item 10I to be heard at 1:05 p.m.
Item 11C to be heard at 10:00 a.m.
Item 12A to be heard at 11:30 a.m.
Item 12B to be heard at 12:00 noon in a Closed Session
Item 12C to be heard at 1:00 p.m. in an Open Session
9/25/2012 9:39 AM
• 5 012 Item 16.D.9.
EXECUTIVE SUMMARY
Recommendation to comply with a Housing and Urban Development(HUD)payback disbursement
directive of federal funds in the amount of$500,000 for a Community Development Block Grant
(CDBG) project subawarded to Habitat for Humanity (HFH) and authorize any necessary budget
amendments.
OBJECTIVE: To comply with a HUD required project payback identified during an audit of HUD
conducted by the Office of Inspector General, and to avoid a finding for non-compliance.
CONSIDERATIONS: On August 21, 2012, The Department of Housing, Human and Veteran Services
(HHVS) received correspondence from Yolanda Chavez, Deputy Assistance Secretary for Grant
Programs (HUD), regarding a HUD Audit by the Office of the U.S. Inspector General (OIG). The audit
was not exclusive in any way to Collier County. The audit identified long standing "open activities".
Open activities are projects where funding has been expended and drawn (properly) but where the
eventual outcome (usually referred to as a national objective) was not realized. One of these identified
open activities was a Habitat for Humanity's FY 2004 Project, where $500,000 was properly expended
and drawn for land purchase, but the project has had delays beyond its' control and has not met the
national objective originally expected.
Specifically, on April 13, 2004, the Board of County Commissioners approved Item#8B for the funding
of HFH's Fuller Village (now known as Kaicasa) sub recipient agreement in the amount of$500,000 to
assist with acquisition of 100 acres of land in the Immokalee area. The Kaicasa project was to provide at
least 250 low-income individuals/families. HFH purchased the land in 2005; and proceeded to begin the
rezoning/approval and permitting process necessary to complete the project. Zoning was completed in
2007 and the environmental studies and the approval process with the Southwest Florida Water
Management Board and the U.S. Army Corp of Engineers began. One of the required approvals needed
was the determination by the U.S. Corps of Engineers for flood plain maps. HFH submitted for this
approval in 2007, and proceeded to pursue mitigation issues,ultimately investing $2.2 million in Panther
Mitigation Credits for the site. At that time HFH was informed that the flood plain maps would be issued
in the 2008-2009 timeframe. No county permits could be issued until the maps were finalized. The flood
plain maps were not released for public review until 2011; at which time a lawsuit was brought against
the Corps of Engineers and as a result the flood plain maps were not finalized until June 2012 further
delaying the ability to permit the project. To date, total Habitat investment in Kaicasa (exclusive of the
grant funds)exceeds$4.7 million.
Given the downturn in the economy since inception of this project,HFH is putting this project on hold for
the time being and has readily agreed to pay back the $500,000 grant. The Housing, Human and Veterans
Services(HHVS)Department agrees with this decision and has informed HUD of the repayment request.
HFH has tendered a check for the $500,000. HHVS and the Grants Compliance Office in the Office of
Management and Budget will work closely with the Clerk of Courts staff in order to meet the September
30,2012 deadline and avoid a written finding of non-compliance.
These funds will become available to reallocate to other CDBG eligible projects, once the repayment is
completed. Potential projects will be brought to the Board at a later date for their review and approval.
HHVS wishes to recognize Habitat's cooperation in this matter and their diligence over the duration of
the project to attempt to meet the HUD national objective.
Packet Page-2743-
9/25/2012 Item 16.D.9.
FISCAL IMPACT: Repayment in the amount of $500,000 does not require the use of any County
funds. No general fund dollars are associated with this request. Funding associated with this project was
awarded under the CDBG 2004 apportionment within CDBG Fund (121), Project 34510 and expended in
FY2005. HUD requires repayment to be made through wire transfer. These funds may be reallocated to
another allowable activity through the HHVS HUD competitive solicitation Request for Proposal (RFP)
process. The next RFP will be announced shortly and once this process is complete, a subsequent Board
action will be brought forward to approve the new projects as well as process any budget amendments, as
necessary.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote—JBW
GROWTH MANAGEMENT IMPACT: There are no impacts to the Growth Management Plan with
this action. Any future projects selected with the eventually re-programmed funds will need to be
complaint with the Growth Management Plan.
RECOMMENDATION: To comply with remittance of federal funds in the amount of $500,000 to
Housing and Urban Development(HUD) for a project that did not meet a national objective and authorize
any necessary budget amendments in order to complete the repayment.
Prepared By: Margo Castorena, Grant Operations Manager, Housing, Human and Veteran Services
Department
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9/25/2012 Item 16.D.9.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.9.
Item Summary: Recommendation to comply with a Housing and Urban Development
(HUD) payback disbursement directive of federal funds in the amount of$500,000 for a
Community Development Block Grant (CDBG) project subawarded to Habitat for Humanity
(HFH) and authorize any necessary budget amendments.
Meeting Date: 9/25/2012
Prepared By
Name: KlopfWendy
Title: Operations Coordinator,Housing, Human&Veteran Se
9/18/2012 4:03:00 PM
Submitted by
Title: Manager-Federal/State Grants,HHVS
Name: CastorenaMargo
9/18/2012 4:03:01 PM
Approved By
Name: CastorenaMargo
Title: Manager-Federal/State Grants,HHVS
Date: 9/18/2012 4:19:27 PM
Name: AlonsoHailey
Title: Operations Analyst,Public Service Division
Date: 9/18/2012 4:38:57 PM
Name: GrantKimberley
Title: Interim Director,HHVS
Date: 9/18/2012 4:39:44 PM
Name: CarnellSteve
Title: Director-Purchasing/General Services,Purchasing
Date: 9/18/2012 4:50:49 PM
Packet Page-2745-
9/25/2012 Item 16.D.9.
Name: AckermanMaria
Title: Senior Accountant, Grants
Date: 9/18/2012 4:54:46 PM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 9/19/2012 9:01:55 AM
Name: PryorCheryl
Title: Management/Budget Analyst, Senior,Office of Management&Budget
Date: 9/19/2012 11:13:39 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management&Budget
Date: 9/19/2012 11:19:28 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/19/2012 11:44:23 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 9/19/2012 12:40:26 PM
Packet Page-2746-
• 9/25/2012 Item 16.D.9.
eiutIvroof
' 11I 111I* U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
F WASHINGTON,DC 20410-7000 1303nW31
�N or" u
OFFICE OF COMMUNITY PLANNING AUG 1 it 2012 , l
AND DEVELOPMENT
Mr.Fred W.Coyle
Chairman,Board of Commissioners
Collier County
3299 Tamiami Trail East
Naples,FL 34112
Dear Mr.Coyle:
Your community has Community Development Block Grant(CDBG)activities that have
remained open for extended time periods or are cancelled with draws in the Integrated
Disbursement and Information System(IDIS). The activities were identified by HUD's Office of
the Inspector General during a 2011 audit of the CDBG program. Based on HUD's analysis of
IDIS data,it appears many grantees have not completed these activities because there are
unresolved compliance and reporting issues.
In order to clear the recommendations in the audit report,HUD is committed to obtaining
proper resolution of every activity identified in the Inspector General's audit. Over the past nine
months,HUD staff has worked closely with grantees to obtain and document resolution for over
75%of the activities identified in the audit. However, a significant number of activities remain
inadequately documented or incomplete.
By September 30,2012,your community must take actions to resolve all remaining
longstanding open activities and activities that have been cancelled with draws,as identified in the
2011 Inspector General Audit Report(A list of your community's remaining activities has been •
provided to your CDBG program staff.). For any activity for which suitable resolution has not been
achieved by September 30th,HUD will make a finding of noncompliance with program
requirements and advise your community to reimburse the CDBG program for all amounts
expended.
If you need technical assistance to resolve the longstanding open activities or activities that
have been cancelled with draws by the September 30,2012,deadline. The Department encourages
you to contact the Director of your local HUD Field Office as soon as possible.
Sincerely,
/04_,
Yolanda Chavez
Deputy Assistant Secretary
for Grant Programs
www.hnd.gov espanol hud.gov
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9/25/2012 Item 16.D.9.
01 '/.
Anik
Memorandum
0t10�
,/, ,\
To: Patricia Morgan,Supervisor
Clerk of Courts-Minutes and Records
From: Nancy Mesa-Grants Support Specialist
Date: December 15,2004
Subject: Subrecipient Agreement
Re: CDBG- FY 2004-2005
Attached please find the original subrecipient agreement between Collier County and Habitat for
Humanity of Collier County, Inc. for CDBG funding in the amount of $500,000 toward land
acquisition in Immokalee for a project known as Fuller Village where at least two hundred fifty(250)
homes will be built for low-income beneficiaries.
This was included in the County's Consolidated Plan One-Year Action Plan FY 2004-2005 as
approved by the BCC on April 13,2004-Item 8B.
The account string for this grant is 121-138755-882100-345101.
Please call me at 659-5770 if you have any questions.
Thank you.
Cc: Kelly Jones,Senior Accountant-Clerk's Finance
Marlene Foord,Grant Coordinator-Administrative Services Division
Gwen Butler, Operations Manager•Purchasing
Department of Financial Administration and Housing
Community Development and Fnvimnrrentel Services Division
Packet Page-2748-
9/25/2012 Item 16.D.9.
AGREEMENT BETWEEN COLLIER COUNTY
AND
HABITAT FOR HUMANITY OF COLLIER COUNTY,INC.
Catalog of Federal Domestic Assistance# 14.218
HUD Grant#B-04-UC-12-0016
THIS AGREEMENT, is entered into this 9?"1 day of 40*1 ea".der 20 by and between
Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and
"Habitat for Humanity of Collier County, Inc.," a private not-for-profit corporation existing under the laws of
the State of Florida, having its principal office at 11150 Tamiami Trail East, Naples, Florida 34113, and its
Federal Tax Identification number as 59-1834379, hereinafter referred to as "SUBRECIPIENT."
WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and
Urban Development for a grant for the execution and implementation of a Community Development Block
Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community
Development Act of 1974(as amended); and
WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily
benefit low and moderate income persons and neighborhoods and to alternatively use Community
Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to
improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and
other activities which are related to neighborhood/community improvements;to improve the condition of life
for persons who require physical access or other services that meet their individual needs; and to provide for
long range community improvements by assessing current conditions and planning long range improvement
programs as described in the Consolidated Plan submission; and
WHEREAS, the Fiscal Year 2004-2005 Consolidated One-Year Action Plan was developed following the
Collier County Consolidated Plan—Citizen Participation Plan, adopted on January 9, 2001; and
WHEREAS, The Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2004-2005 for the CDBG Program by
Resolution on April 13, 2004, including the use of this standard form Agreement; and
Habitat for Humanity of Collier County, Inc. Page 1 of 22
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9/25/2012 Item 16.D.9.
WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the ' e'
County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2004-2005 for the CDBG Program
and the use of the CDBG funds for the activities identified in the Plan; and
WHEREAS, the COUNTY and Habitat for Humanity of Collier County, Inc. desire to provide the activities
specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and
WHEREAS, the COUNTY desires to engage Habitat for Humanity of Collier County, Inc. to implement such
undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile
County purposes.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed
by the Parties as follows:
I. DEFINITIONS
(1) "County"means Collier County, and where applicable, its authorized representative(s).
(2) "CDBG"means the Community Development Block Grant Program of Collier County.
(3) "FAH"means the Financial Administration and Housing Department of Collier County.
(4) "SUBRECIPIENT"means Habitat for Humanity of Collier County, Inc.
(5) "FAH Approval"means the written approval of the FAH Department or designee.
(6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a
person authorized to act on its behalf.
(7) "Low and moderate income persons"means the definition set by HUD.
(8) "Project"means the work contemplated to be performed as set forth in Exhibit"A".
II. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the
tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for
reimbursement using the cover sheet in Exhibit `B" along with Exhibit "C," all of which are attached
hereto and made a part hereof.
III. TIME OF PERFORMANCE
The effective date of this Agreement and all rights and duties designated hereunder are contingent
upon the timely release of funds for this project by HUD under Grant No. B-04-UC-12-0016. The Allk
effective date shall be the latest date of execution of this Agreement, and the services of the
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9/25/2012 Item 16.D.9.
SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In
any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 15,
2005. Any funds not obligated by the expiration date of this Agreement shall automatically revert to
the County, as set forth in Part VIII F (e), and Part VIII H below.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in
an amount not to exceed $500,000 for the services described in Exhibit"A."
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 lowest
responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT
and monitored by the COUNTY, which shall have access to all records and documents related to the
project.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its
office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the
SUBRECIPIENT when delivered to its office at the address listed on page one(I) of this Agreement.
VI. SPECIAL CONDITIONS
The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations,
Part 570 of the Housing and Urban Development regulations concerning Community Development
Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations.
The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available for specified activities.
VII. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES
The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal,
State, and County laws, ordinances and codes and with the procedures outlined in FAH
Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH.
No payments will be made until approved by the FAH Department or designee.
Should a project receive additional funding after the commencement of this Agreement, the
SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification
from the funding source and submit a cost allocation plan for approval by the FAH Department
or designee within forty-five(45)days of said official notification.
B. COMPLIANCE WITH LOCAL AND FEDERAL RULES,REGULATIONS AND LAWS
During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any
Habitat for Humanity of Collier County, Inc. Packet Page-2751- Page 3 of 22
9/25/2012 Item 16.D.9.
applicable laws, regulations and orders listed below which by reference are incorporated and
made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws,
1. 24 CFR Part 570, as amended - The regulations governing the expenditure of
Community Development Block Grant funds.
2. 24 CFR Part 58 - The regulations prescribing the Environmental Review
procedure.
3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of
historic and cultural properties.
4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984
Civil Rights Act.
5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063
which prohibits discrimination and promotes equal opportunity in housing.
6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 -
which establishes hiring goals for minorities and women on projects assisted with
federal funds.
7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972 -which prohibits discrimination in employment.
8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
9. Age Discrimination Act of 1973
10. National Flood Insurance Act of 1968
11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in
federally assisted construction contracts.
12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and
Water Pollution Acts.
13. Contract Work-Hours and Safety Standards Act
14. Lead Based Paint Poisoning Preventive Act
15. Section 504 of the Rehabilitation Act of 1973
16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970
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17. 29 CFR Parts 3, 5 and 5a - 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, which describes
the Davis-Bacon Act,is included as part of this agreement and must be included in
all construction contracts funded by CDBG. See attachment A-3.
18. Revised Order Number 4 - Regulations that establish guidelines for the
implementation of Executive Order 11246 as amended by Executive Orders 11375
and 12086.
19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped
in federally assisted projects.
20. 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.
21. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C.
276c),which deals with employee forfeiture of compensation by force.
22. Florida Statutes, Chapter 112 - which deals with conflict of interest.
23. HUD - required reports, circulars, and procedures, such as the Grantee
Performance Report.
24. Public Law 100-430 -the Fair Housing Amendments Act of 1988.
25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration
Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR
570.502.
26. OMB Circular A-133 - concerning annual audits.
27. OMB Circular A-122 - which identifies cost principles.
28. Section 109, Public Law 100-202 - which restricts the awarding of public works
contracts to firms from foreign countries with unfair trade practices.
29. 24 CFR Part 84 - OMB Circular A-110 Codified in the Uniform Administrative
Requirements for Grants and Agreements With Institutions of Higher Education,
Hospitals and Other Non-Profit Organizations.
30. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative
Requirements for Grants and Agreements to State and Local Governments.
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9/25/2012 Item 16.D.9.
C. SUBCONTRACTS
Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written
contract or agreement, and such subcontracts shall be subject to each provision of this
Agreement and applicable County, State, and Federal guidelines and regulations. Prior to
execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be
submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically
include a determination of compliance with the terms of the attached Work Program set forth
in Exhibit"A."
This review also includes ensuring that all consultant contracts and fee schedules meet the
minimum standards as established by the Collier County Purchasing Department and HUD.
Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee
contracts. All additional services shall have prior written approval with support documentation
detailing categories of persons performing work plus hourly rates including benefits, number of
drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for
such services will be made at SUBRECIPIENT cost.
None of the work or services covered by this Agreement, including but not limited to
consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by
the County without prior written approval of the FAH Department or his designee.
D. AMENDMENTS Amok
The County may, at its discretion, amend this Agreement to conform to changes required by State, County, or HUD guidelines, directives, and objectives. Such amendments shall
be incorporated by written amendment as a part of this Agreement and shall be subject to
approval of Collier County. Except as otherwise provided herein, no amendment to this
Agreement shall be binding on either party unless in writing, approved by the County and
signed by each Party's authorized representatives.
E. INDEMNIFICATION
The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its
agents, its employees and elected officers harmless from and against any and all claims,
liability, expense, loss, cost, damages or causes of action of every kind or character, including
attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the
performance of the terms of this Agreement, or due to the acts or omissions of the
SUBRECIPIENT.
SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or
applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT
will hold the County harmless and will indemnify the County for funds, which the County is
obligated to refund the Federal Government arising out of the conduct of activities and
administration of SUBRECIPIENT.
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9/25/2012 Item 16.D.9.
F. GRANTEE RECOGNITION,
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as
to funding source. The SUBRECIPIENT will include a reference to the financial support
herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT
will make a good faith effort to recognize FAH's support for all activities made possible with
funds made available under this Agreement.
G. TERMINATION
In event of termination for any of the following reasons, all finished or unfinished documents,
data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital
equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned
to FAH or the County. In the event of termination, the SUBRECIPIENT shall not be relieved of
liability to the County for damages sustained by the County by virtue of any breach of the
Contract by the SUBRECIPIENT, and the County may withhold any payment to the
SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to
the County from the SUBRECIPIENT is determined.
1. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner its obligations
under this Agreement, or if either party shall violate any of the covenants, agreements, or
stipulations of this Agreement, either party shall thereupon have the right to terminate this
Agreement in whole or part by giving written notice of such termination to the other party and
specifying therein the effective date of termination.
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other party.
Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to
this Agreement through and including the date of termination.
3. TERMINATION DUE TO CESSATION
In the event the grant to the County under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date that HUD specifies.
H. INSURANCE
The SUBRECIPIENT agrees this coverage shall be provided on a primary basis.
1. COMMERCIAL GENERAL LIABILITY
The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of
liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida
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9/25/2012 Item 16.D.9.
Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual '
Liability or Cross Liability unless granted by the County's Risk Management Department. The
SUBRECIPIENT agrees this coverage shall be provided on a primary basis.
2. BUSINESS AUTOMOBILE LIABILITY
The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of
liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida
Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The
SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than
10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier
County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The
SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention
or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a
primary basis.
3. ADDITIONAL INSURED
The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG
2026 Additional Insured- Designated Person or Organization endorsement, or its equivalent, to owek
the Commercial General Liability. The Additional Insured endorsement shall read "Collier
County Board of County Commissioners, a Political Subdivision of the State of Florida, its
Officers, Employees, and Agents, do Department of Financial Administration and Housing".
The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a
primary basis.
4. CERTIFICATE OF INSURANCE
The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance
evidencing the required insurance is in full force and effect within thirty (30) calendar days
prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor
to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s).
5. RIGHT TO REVIEW AND ADJUST
The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk
Management Department, in cooperation with the Department of Financial Administration and
Housing, reserves the right to periodically review, modify, reject or accept any required
policies of insurance, including limits, coverage's, or endorsements, herein from time to time
throughout the life of this Agreement. The County reserves the right,but not the obligation, to
review and reject any insurer providing coverage because of its poor financial condition or
failure to operate legally.
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9/25/2012 Item 16.D.9.
I. INDEPENDENT AGENT AND EMPLOYEES
The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as
an independent agent and that its employees are not Collier County employees and are not
subject to the County provisions of the law applicable to County employees relative to
employment, hours of work, rates of compensation, leave, unemployment compensation and
employee benefits.
VIII. ADMINISTRATIVE REOUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A —110 (Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and
other Non-Profit Organizations) 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.
B. DOCUMENTATION AND RECORD-KEEPING
1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations.
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 FAH. Upon completion of all work contemplated
under this Agreement copies of all documents and records relating to this Agreement
shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep
all documents and records for three(3) years after expiration of this Agreement.
3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the
preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and
HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi).
4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit"C".
5. 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.
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9/25/2012 Item 16.D.9.
C. 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, which are
incorporated herein by reference.
D. REPORTS, AUDITS,AND EVALUATIONS
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.
E. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS
FAH shall have the right under this Agreement to suspend or terminate reimbursement until the
SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the
County, or HUD at any time.
F. PRIOR WRITTEN APPROVALS-SUMMARY
oak
The following activities require the prior written approval of the FAH Department or designee
in order to be eligible for reimbursement.
All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT
pursuant to this Agreement;
(b) All capital equipment expenditures of$1,000 or more;
(c) All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes,
Chapter 112.061);
(d) All change orders; and
(e) All requests to utilize uncommitted funds after the expiration of this agreement for
programs described in Exhibit A, and
(f) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of
living.
G. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as FAH, the County, HUD, or the
Comptroller General of the United States may deem necessary, there shall be made available by
the SUBRECIPIENT to FAH, the County, HUD, or the Comptroller General for examination
all its records with respect to all matters covered by this Agreement.
The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as
amended, as it pertains to this Agreement and any subcontracts entered into under this Amik
Agreement. This will require the SUBRECIPIENT to submit a single audit, including any .,„„„w
management letter, made in accordance with the general program requirements of OMB
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Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost
Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and
Non-Profit Organizations), and other applicable regulations within one hundred and eighty
(180) days after the end of any fiscal year covered by this agreement in which Federal funds
from all sources are expended. Said audit shall be made by a Certified Public Accountant of
the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In
the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial
statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The
cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is
exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and
Non-Profit Organizations), the County reserves the right to require submission of audited
financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as
defined in A-133. The County will be responsible for providing technical assistance to the
SUBRECIPIENT, as deemed necessary by the County.
H. PROGRAM-GENERATED INCOME
All income earned by the SUBRECIPIENT from activities financed in whole or in part by
funds provided hereunder must be reported to FAH. Such income would include, but not be
limited to, income from service fees, sale of commodities, and rental or usage fees. The
SUBRECIPIENT shall report its plan to utilize such income to FAH, and said plan shall
require the prior written approval of the FAH Department or designee. Accounting and
disbursement of such income shall comply with OMB Circular A-110 (Uniform Administrative
Requirement for Federal Grants) and other applicable regulations incorporated herein by
reference.
In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG
funds may be retained by the Agency. Program Income shall be utilized to undertake activities
specified in"Exhibit A"of this Agreement, and all provisions of this Agreement shall apply to
stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its
sub-contractors after the expiration of this Agreement shall be returned to the County no later
than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize
uncommitted funds.
GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include,but not 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.
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IX. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability,
national origin, religion, age, familial status, or sex be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the performance of this
Agreement. 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 the
Section 3 Clause of the Housing and Community Development Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ETNERPRISES
In the procurement of supplies, equipment, construction, or services to implement this
Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and
minority/women-owned business enterprises of supplies and services, and provide these
sources the maximum feasible opportunity to compete for contracts to be performed pursuant to
this Agreement. To the maximum extent feasible these small business and minority/women-
owned business enterprises shall be located in or owned by residents of the CDBG areas
designated by Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty-one percent(51%)of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons. If the project is located in an entitlement city, as
defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the
beneficiaries directly assisted through the use of funds under this Agreement must reside in
unincorporated Collier County or in municipalities participating in the County's Urban County
Qualification Program. The project funded under this Agreement shall assist beneficiaries as
defined above for the time period designated in Exhibit A of this Agreement. The
SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request.
D. EVALUATION AND MONITORING
The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation
activities as determined necessary by FAH or the County and that the continuation of this
Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this
Agreement, comparisons of planned versus actual progress relating to project scheduling,
budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon
request to FAH, the County or the County's designees and make copies or transcriptions of
such records and information, as is determined necessary by FAH or the County. The ,.
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9/25/2012 Item 16.D.9.
SUBRECIPIENT shall, upon the request of FAH, submit information and status reports
required by FAH, the County or HUD on forms approved by FAH to enable FAH to evaluate
said progress and to allow for completion of reports required of FAH by HUD. The
SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site
visits may be scheduled or unscheduled as determined by FAH or HUD.
E. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the target 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. Any possible conflict
of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to
FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to
unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of low and moderate-income residents of the project target
area.
F. PUBLIC ENTITY CRIMES
As provided in F.S. 287.133 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 F.S. 287.133 (3)(a).
G. DRUG-FREE WORKPLACE REQUIREMENTS
The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide
drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C.
701) and with HUD's rules at 24 CFR Part 24, subpart F.
H. CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. 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.
2. 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,
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9/25/2012 Item 16.D.9.
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.
3. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative Agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
REAL PROPERTY
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 the CDBG Regulations 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.
X. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements
insofar as they apply to the performance of the Contract:
1. Clean Air Act,41 U.S.C., 7401, et seq.
2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and information,
as well as other requirements specified in said Section 114 and Section 308 (EPA)
regulations pursuant to 40 C.F.R., Part 50, as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4001), 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 as a condition of financial assistance for acquisition or construction
purposes (including rehabilitation). 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.
C. LEAD-BASED PAINT
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 Regulations
at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all
HUD-assisted housing and require that all owners, prospective owners, and tenants of
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9/25/2012 Item 16.D.9.
•
•
properties constructed prior to 1978 be properly notified that such properties may include lead-
based paint. Such notification shall point out the hazards of lead-based paint and explain the
symptoms, treatment and precautions that should be taken when dealing with lead-based paint
poisoning and the advisability and availability of blood lead level screening for children under
seven. The notice should also point out that if lead-based paint is found on the property,
abatement measures might be undertaken.
D. HISTORIC PRESERVATION
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 Historical Properties, insofar as they apply to the performance of the Contract. In general,
concurrence from the State Historic Preservation Officer is required 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.
XI. SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be
affected thereby if such remainder would then continue to conform to the terms and requirements of
applicable law.
XII. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG
funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds,
and any non-expendable personal property that was purchased with CDBG funds. Any real property
under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in
excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part
570.503(B)(8).
XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religious organizations.
24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference.
XIV. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty-two (22) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an
original, and such counterparts will constitute one and the same instrument.
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9/25/2012 Item 16.D.9.
XV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and
constitutes the entire understanding. The parties hereby acknowledge that there have been and are no
representations, warranties, covenants, or undertakings other than those expressly set forth herein.
WITNESS our Hands and Seals on this ? day of 4e e.k,lxr ,20 Dy .
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
(SUBRECIPIENT SEAL) -
BY
SAMUEL J. ► d RSO, M.D., PRESIDENT
Approved as to form and
Legal sufficiency: COLLIER COUNTY, FLOR I A
1bl '�( BY:
.. ►�►v'�, 4.►►1' JOSE' K. SCHM , ADMIN .TRATOR,
Patrick G. White CO ITY DEVELOPMENT& ENVIRONMENTAL
Assistant County Attorney SERVICES
Awita
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•
EXHIBIT"A"
SCOPE OF SERVICES
THE SUBRECIPIENT AGREES TO:
A. PROJECT DESCRIPTION:
Habitat for Humanity of Collier County, Inc. shall acquire land and construct new three-bedroom, one-
bath, owner occupied homes for at least two hundred fifty(250) low—income individuals/families. The
development, tentatively to be named Fuller Village, will be located on Route 29 in Immokalee,
immediately south of Farm Worker Village.
It is anticipated that the re-zoning and permitting processes will take three (3) years to be approved.
At that time, construction(infrastructure and homebuilding)shall begin. Approximately 50 - 60 homes
will be completed per year.
B. PROJECT SCOPE :
The purpose of this funding is acquisition of 100 acres with 65 buildable acres in Immokalee, FL to
enable Habitat for Humanity of Collier County, Inc. to construct at least two hundred fifty (250) new
owner-occupied affordable housing units for low-income residents. 100% of the persons or
households served will be low-income persons. Eligible households will earn less than 80% of the
HUD Area Median Income (MFI). When 51% of the units are sold, SUBRECIPIENT shall submit to
FAH a certification that all purchasers meet income qualification. This funding is a reimbursable
$500,000 grant.
NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to FAH and
obtain a letter of approval prior to starting construction work. The fmal number of units to be
constructed must be reported to FAH staff as soon as the determination is made.
NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid work in a manner
that would allow the receipt of itemized costs from bidders.
NOTE 3: The SUBRECIPIENT shall incorporate exterior features into the design of the units that will
result in the units not appearing to be duplicates. Examples of items to be incorporated are: varying
setbacks, different window shapes, orientation on the lot, different types of exteriors, landscaping,
floorplans etc.
The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary,
shall be the final arbiter on the SUBRECIPIENT's compliance with the above.
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9/25/2012 Item 16.D.9.
C. BUDGET:
Line Item: CDBG Funds Other
Land Acquisition $500,000 $ 400,000
Site Work/Infrastructure $ 7,500,000
Construction $12,500,000
Subtotal $19,400,000
Total $20,000,000
D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B
(Project Scope) and C (Budget) above,if applicable.
E. MEASURABLE PERFORMANCE OUTCOMES: The SUBRECIPIENT shall complete the following
documents to report program successes: Monthly report
The above documents will be made available to FAH staff for monitoring when requested.
F. FORMER PROJECTS: Failure to adequately maintain any former CDBG/HOME funded project may
result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of
future CDBG/HOME funds.
G. WORK SCHEDULE: The time frame for completion of the outlined activities shall be June 15, 2005.
Fifty per cent(50%)of the funding must be expended by March 31, 2005. Fifty-one(51)percent of
the units shall be constructed and occupied by June 30, 2010.
H. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial
Administration and Housing Department outlining the status of specific activities under the project
until 51% of the units are constructed and occupied by low income persons/households. Each report
must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in
part or in whole, and which is required in fulfillment of their obligations regarding the Project. The
progress reports shall be submitted on the form "Exhibit C". The progress reports shall be used as an
additional basis for FAH approval of invoices, etc. for reimbursement.
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EXHIBIT`B"
COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Habitat for Humanity of Collier County, Inc.
Subrecipient Address: 11150 E. Tamiami Trail.Naples. FL 34113
Project Name: Land Acquisition—Immokalee
Project No: CD 04-02 Payment Request#
Dollar Amount Requested: $
SECTION H:STATUS OF FUNDS,
1. Grant Amount Awarded $
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) $
7. If applicable amount held as retainage to
date by the County, if not retained by $
the sub-recipient.
I certify that this request for payment has been drawn in accordance with the terms and conditions of the
Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for
Payment is not in excess of current needs.
Signature Date
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
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Adi
EXHIBIT"C"
CDBG MONTHLY PROGRESS REPORT
Complete form for past month and submit to FAH staff by the 10th of the following month.
Status Report for Month of Submittal Date:
Project Name Land Acquisition- Immokalee
Project Number CD 04-02 Activity Number
Subrecipient: Habitat for Humanity of Collier County, Inc.
Contact Person Cheryl Malone
Telephone: 775-0036 Fax: 775-0477
E-mail: cmaloneahthcollier.com
1. Activity Status/Milestones(describe any action taken,relating to this project, during the past month):
2. What events/actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this project. Please list
and attach any recent media coverage of your organization relating to this project.
4. List any additional data relevant to the outcome measures listed on the application for this
project.
5. New contracts executed this month (if applicable):
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Name of Contractor or Amount of Contractor Race Ethnicity
Subcontractor, Address &Phone Contract Federal ID (see (see
Number Number definitions on definitions on
page 3) page 3)
6. For projects that serve a particular clientele, please complete the following information by entering
the appropriate number in the blank spaces and in the chart below. Complete the below chart for
NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You
may provide data by either households or persons served. However, if one person received TWO
services this counts as TWO SERVICE UNITS:
TOTAL BENEFICIARIES
This project benefits households or persons. Please circle one category(either"households"
or"persons"). Enter the number of beneficiaries in the blank space and in box "1. "
INCOME
Of the households or persons assisted, are extremely low-income income(0-30%)of the current
Median Family Income(MFI). Enter this number in box "2. "
Of the households or persons assisted, are very low-income(31-50%) of the current Median
Family Income(MFI). Enter this number in box "3."
Of these households or persons assisted, are low income(51-80%) of the current Median Family
Income(MFI). Enter this number in box "4. "
NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1.
FEMALE HEAD OF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income. Enter this number
in box "5"below.
BOX I BOX 2 BOX 3 BOX 4 BOX 5
Total Number of Extremely Very Low Income Female Head of
Households or Persons Low Income Low Income (51-80%) Household
Assisted
(0-30%) (31-50%)
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Subrecipients must indicate total beneficiaries for Race AND Ethnicity
Definitions of Race:
1. White: A person having origins in any of the original peoples of Europe,the Middle East, or North
Africa.
2. Black or African-American: A person having origins in any of the black racial groups of Africa.
3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia,or
the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands,Thailand, and Vietnam.
4. American Indian or Alaska Native: A person having origins in any of the original peoples of North
and South America(including Central America), and who maintains tribal affiliation or community
attachment.
5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of
Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or
other Spanish culture or origin, regardless of race.
Tabulation Table of Race and Ethnicity Beneficiaries
Race #Total #Hispanic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
• American Indian/Alaska Native and White
Asian and White
Black/African American and White
American Indian/Alaskan Native and Black/African American
Other Multi-Racial
TOTAL:
Agest
Habitat for Humanity of Collier County, Inc. Page 22 of 22
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