Agenda 05/10/2011 Item #16D6
5/10/2011 Item 16.0.6.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a U.S. Housing and Urban
Development (HUD) Community Development Block Grant-Recovery (CDBG-R) Agreement
providing American Recovery and Reinvestment Act (ARRA) funds to Big Cypress Housing
Corporation(BCHC) for $467,788 to provide energy improvements at Main Street Village
(MSV) and Eden Gardens Apartments in Immokalee, FL.
OBJECTIVE: Recommendation to approve and authorize the Chairman to sign a U.S. Housing
and Urban Development (HUD) Community Development Block Grant-Recovery (CDBG-R)
Agreement providing American Recovery and Reinvestment Act (ARRA) funds to Big Cypress
Housing Corporation for $467,788 to provide energy improvements at Main Street Village (MSV)
and Eden Gardens Apartments in Immokalee, FL.
CONSIDERATIONS: On April 22, 2008 the Board of County Commissioners adopted
Resolution No, 2008-12] approving the submission of the One- Year Action Plan for FY 2008 -
2009 to HUD. This Action Plan provided a summary of the projects to be funded between July
I. 2008 and June 30, 2009. On February 17, 2009, Congress passed the American Recovery and
Reinvestment Act of 2009 (ARRA) and appropriated one billion dollars in CDBG funds to carry
out eligible activities under the CDBG program to assist in the nation's economic recovery, On
May 5, 2009, HUD announced the availability of CDBG-R funding. In order to receive these
funds Collier County had to make a substantial amendment to the One Year Action Plan for
FY2008-2009, and submit the amendment to the Depaliment of Housing and Urban
Development no later than June 5, 2009, On June 23, 2009, the BCC provided after the fact
approval (Item 16D7) for the Collier County CDBG-R submission. On August] 9, 2009, the
Collier County Housing and Human Services Department (HHVS) received notice of HUD's
CDBG-R funding in the amount of $63] ,283 and the BCC approved the receipt of the CDBG-R
funding on September 15, 2009 (Item 16D13).
On March 9, 2010, item 16D6 the BCC approved CDBG-R Agreements with the Greater
Immokalee Southside Front Porch, and Marco Island; however, these agreements were
terminated at the subrecipients request. On February 17,2011. a Request for Proposals (RFP)
was issued for projects which would provide energy effIciency upgrades to multifamily rental
units or to public facilities that serve low to moderate income residents. The awarded grant
funds will be used for the following activities:
Main Street Village: materials and installation of a minimum of 331 Energy Star Ceiling Fans
with Light Kits in approximately 79 units. permits, materials and installation of 16-SEER or
higher /\IC Units in a minimum of 69 units, Funding will also be used for part-time salary and
fringe benefits of the Construction Project Manager who will oversee all of the energy efficiency
improvements. This funding will benefit approximately 79 households/approximately 315
persons in the Main Street Village Apartments.
Eden Gardens: materials and installation of a minimum of 190 Energy Star Ceiling Fans with
Light Kits in approximately 51 units, and installation of a 20' solar powered security street light.
Funding will also be used for salary and fringe benefIts of the Construction Project Manager.
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5/10/2011 Item 16.0.6.
This funding will benefit approximately 5 I households/approximately 175 persons in the Eden
Gardens Apartments. 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.
The Housing, Human and Veteran Services (HHVS) Department has reprogrammed these
CDBG-R funds. Big Cypress Housing Corporation was the highest rated application during the
reprogram round.
SPECIAL CONSIDERATIONS related to the American Recovery and Reinvestment Act of
2009: Grantees are required to ensure that public funds are expended responsibly and in a
transparent manner to further the job creation, economic recovery, and other purposes of the
Recovery Act. The grant program guidelines and subsequent grant agreement make reference to
identifY and ensure all additional compliance requirements related to the ARRA terms and
conditions will be met.
FISCAL IMPACT: No general funds are associated with this CDBG-R subrecipient
agreement. No match funds are required.
GROWTH MANAGEMENT IMPACT: The CDBG-R project associated with this
subrecipient agreement will help meet the goals. objectives and policies set forth in the Housing
Element of the Grov.1:h Management Plan.
LEGAL CONSIDERATIONS: The effective date of the Agreement is August 19, 20]0 in
order to allow the Subrecipient to capture all eligible expenses. This item has been reviewed and
approved by the County Attorney's Office and is legally sufficient. This item requires a majority
vote.-JBW
RECOMMENDATION: Recommendation to approve and authorize the Chairman to sign a U.S.
Housing and Urban Development (HUD) Community Development Block Grant-Recovery
(CDBG-R) Agreement providing American Recovery and Reinvestment Act (ARRA) funds to Big
Cypress Housing Corporation for $467,788 to provide energy improvements at Main Street Village
(MSV) and Eden Gardens Apartments in Immokalee, FL.
Prepared by: Rosa Munoz, Grants Coordinator
Housing, Human and Veteran Services Department
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5/10/2011 Item 16.0.6.
COLLIER COUNTY
Board of County Commissioners
Item Number:
16.D.6.
Item Summary: Recommendation to approve and authorize the Chairman to sign a U.s.
Housing and Urban Development (HUD) Community Development Block Grant-Recovery
(CDBG-R) Agreement providing American Recovery and Reinvestment Act (ARRA) funds to Big
Cypress Housing Corporation for $467,788 to provide energy improvements at Main Street
Village (M5V) and Eden Gardens Apartments in Immokalee, FL
Meeting Date: 5/10/2011
Prepared By
Name: MunozRosa
Title: Grants Coordinator,Housing, Human & Veteran Services
4/18/201111:53:19AM
Submitted by
Title: Grants Coordinator.Housing, Human & Veteran Services
Name: MunozRosa
4/18/201] ] ]:53:21 AM
Approved By
Name: CastorenaMargo
Date: 4/19/2011 ]] :22:53 AM
Name: KlUmbineMarcy
Title: Director - Housing & Human Services,Housing, Human & Veteran Services
Date: 4/20/201 ] 4:22:53 PM
Name: AlonsoHailey
Title: Administrative AssistanLDomestic Animal Services
Date: 4/25/20]] 8: 14:39 AM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 4/25/201 1 9:] 7:04 AM
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Name: RamseyMarla
Title: Administrator, Public Services
Date: 4/29/2011 ]] :45:27 AM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 4/29/2011 4:52:01 PM
Name: PryorCheryl
Title: Management! Budget Analyst, Senior,Office of Management & Budget
Date: 5/2/2011 12:36:58 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/2/20] 1 4:05:40 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs.CMO
Date: 512/20] I 5:51 :41 PM
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5/10/2011 Item 16.0.6.
5/10/2011 Item 16.0.6.
AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
ENERGY EFFICIENCY IMPROVEMENTS
Catalog of Federal Domestic Assistance # 14.253
HUD Grant # B-09-UY-12-0016
THIS AGREEMENT is made and entered into by and between Collier County, a political
subdivision of the State of Florida, ("COUNTY"), and Big Cypress Housing Corporation" a private
not-for-profit corporation existing under the laws of the State of Florida, having its principal office at
19308 SW 380th Street, Florida City, Florida 33034, and its Federal Tax Identification number as 65-
1067124 & DUNS #064723252, ("SUBRECIPIENT").
WHEREAS, the COUNTY has entered into an agreement with the United States Department
of Housing and Urban Development (HUD) pursuant to the authority of Title XII of the American
Recovery and Reinvestment Act of2009 (Public Law 111-5)(the Recovery Act).
WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to
primarily benefit low and moderate income persons and neighborhoods and to use Community
Development Block Grant-Recovery (CDBG-R) funds for: activities intended to create suitable living
environments, provide decent affordable housing and create economic opportunities; and
WHEREAS, the Board of County Commissioners of Collier County approved the Collier
County Consolidated Plan - One-Year Action Plan for Federal Fiscal Year 2009-2010 for the CDBG-R
Program for April 28, 2009-Agenda Item 16D3; and
WHEREAS, Resolution 08-121 was developed following the Collier County Consolidated
Plan - Citizen Participation Plan, adopted on January 9,2001 with Resolution 01-02; and
WHEREAS, HUD has approved the County's Consolidated Plan One-Year Action Plan for
Federal Fiscal Year 2009-2010 for the CDBG-R Program and the use of the CDBG-R funds for the
activities identified in the Plan; and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified
in Exhibit "A" of this Agreement, in accord with the approved Consolidated Plan; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
undertakings ofthe CDBG-R Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
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1. DEFINITIONS
(A) "COUNTY" means Collier County, and where applicable, it's authorized
representative( s).
(B) "ARRA" means the American Recovery and Reinvestment Act (Public Law 111-5).
(C) "CDBG-R" means the Community Development Block Grant-Recovery Program and
pursuant to the authority of the ARRA.
(D) "HHVS" means Collier County Department of Housing, Human and Veteran Services.
(E) "HHVS's Approval" means the written approval of the Housing, Human and Veteran
Services or designee.
(F) "SUBRECIPIENT" means BIG CYPRESS HOUSING CORPORATION..
(G) "HUD" means the U.S. Department of Housing and Urban Development or a person
authorized to act on its behalf.
(H) "Low and moderate income persons" means the definition set by HUD.
(1) "Project" means the work to be performed as set forth in Exhibit "A."
II. SCOPE OF SERVICES
The SUB RECIPIENT shall, in a satisfactory and proper manner, as determined by HHVS,
perform the tasks necessary to conduct the program outlined in Exhibit "A."
Ill. TIME OF PERFORMANCE
The effective date of the Agreement between HUD and Collier County shall be August 19,
2009. Subrecipients are authorized to incur eligible expenses after that date and prior to execution of
this Agreement subject to HHVS prior written approval. The services of the SUB RECIPIENT 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 September 30, 2012. Any
funds not obligated by the expiration date of this Agreement shall automatically revert to the HUD.
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 (0 Four Hundred Sixt)' Seven Thousand and
Seven Hundred Eighty-Eight Dollars ($467,788.00) 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 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.
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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 monthly progress reports. Payments shall be made to the SUB RECIPIENT when
requested as work progresses, but not more frequently than once per month. Payment will be made
upon receipt of a proper invoice and in compliance with 9 218.70, Fla. Stat., otherwise known as the
"Local Government Prompt Payment Act." No payment will be made until approved by HHVS.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to
HHVS at its office, presently located at 3339 E. Tamiami Trail, Bldg H, Suite 211, Naples, Florida
34112, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (I) of
this Agreement.
VI. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT
The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal,
State, and County laws, ordinances and codes and with the procedures outlined in HHVS' Policies and
Procedures memoranda.
Should a project receive additional funding after the commencement of this Agreement, the
SUBRECIPIENT shall notify HHVS in writing within thirty (30) days of receiving notification from
the funding source and submit a cost allocation plan for approval by HHVS or its designee within
forty-five (45) days of said official notification.
B. DEBARMENT
The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in
this transaction by any Federal Department or agency; and, that the SUB RECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction.
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:
I. The American Recovery and Reinvestment Act (Public Law 111-5). Special conditions
apply. See Exhibit C (attached and incorporated herein) and for additional
information see ww\v.recoverv.gov.
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2. 24 CFR 570, as amended - The regulations governing the expenditure of Community
Development Block Grant-Recovery (CDBG-R) funds.
3. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
4. Title VI of the 1984 Civil Rights Act, 42 USC 9 2000d, c/. scq.
5. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
6. Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive
Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects
assisted with federal funds.
7. Title VlI of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972, 42 USC 9 2000e, et. seq.
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 1975.
10.
Contract Work Hours and Safety Standards Act, 40 USC 327-332.
11.
Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5).
12.
amended.
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
13. 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 mandatcd by the Davis-Bacon
Act. HUD Form 4010 must be included in all construction contracts funded by CDBG-R. (See 42
USC 276a and 24 CFR 135.II(c)).
14. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
15. 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-Recovery Contracts.
16. Public Law 100-430 - the Fair Housing Amendmcnts Act of 1988.
17.0MB Circular A-133 - concerning annual audits.
18.0MB Circular A-I22 - which identifies cost principles.
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19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non-Profit Organizations.
20. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to State
and Local Governments.
21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and
regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced
herein shall constitute a breach of this agreement, and the County shall have the discretion to
unilaterally terminate this agreement immediately.
22. Chapter 112, Florida Statutes.
23. 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 I 12, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311.
24. Order of Precedence - In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other
Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by
application ofthe 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.
25. 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.
26. 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
SUB RECIPIENT 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.
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D. SUBCONTRACTS
Any work or services subcontracted by the SUB RECIPIENT 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 HHVS for its review and approval, which will specifically include a determination
of compliance with the terms of the attached Scope of Services 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, Florida Statutes and
HUD. 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 HHVS or its designee.
E. AMENDMENTS
This Agreement, and any exhibit or attachment, may be amended only by written agreement
executed by the governing boards of both parties, except that County representative(s) may approve
adjustments between line item amounts, scope clarifications, or an extension of time and schedule that
do not change the proj ect, or exceed the amount funded by the County, as stated herein. Any
modifications to this contract shall be in compliance with the County Purchasing Policy and
Administrative Procedures in effect at the time such modifications are authorized.
F. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and
hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or
anyone employed or utilized by the SUB RECIPIENT in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an indemnified party or person described in this
paragraph. This section does not pertain to any incident arising from the sole negligence of Collier
County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the
limits set forth in Section 768.28, Florida Statutes.
G. 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 HHVS & ARRA in all publications and publicity. ln addition, the SUB RECIPIENT will
make a good faith effort to recognize HHVS & ARRA support for all activities made possible with
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funds made available under this Agreement. The SUBRECIPIENT will mount a temporary
construction sign for projects funded by HHVS & ARRA. This design concept is intended to
disseminate key information regarding the development team as well as Equal Housing Opportunity to
the general public. The construction sign shall comply with applicable County Codes.
H. TERMINATION
In event of termination for any of the reasons identified in sub-sections 1-3 as follows, all
finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports
prepared, and capital equipment secured by the SUB RECIPIENT with funds under this Agreement
shall be returned to HHVS or the COUNTY. In the event of termination, the SUB RECIPIENT 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
SUBREClPIENT for set-off purposes until such time as the exact amount of damages due to the
COUNTY from the SUB RECIPIENT is determined.
I. 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 oftermination. (See 24 CFR 85.43.)
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. (See 24 CFR 85.44.)
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.
I. INSURANCE
SUBRECIPIENT shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit
"B" to this Agreement.
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J. SUBRECIPIENT LIABILITY OBLIGA TION
Compliance with the insurance requirements in Exhibit "B" shall not relieve the
SUB RECIPIENT of its liability and obligation under this subsection or under any subsection of this
contract. The contract is contingent upon receipt of the insurance documents within fifteen (15)
calendar days after the Board of County Commissioners' approval. If the Insurance certificate is
received within the specified period, but not in the manner prescribed in these requirements, the
SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5)
calendar days to submit a corrected Certificate to the County.
If the SUBRECIPIENT fails to submit the required insurance documents in the manner
prescribed in these requirements within twenty (20) calendar days after the Board of County
Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of the
contract.
K. INDEPENDENT AGENT AND EMPLOYEES
The SUBRECIPIENT agrees that 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 law
applicable to County employees relative to employments, hours of work, rates of compensation, leave,
unemployment and employee benefits.
VII. ADMINISTRATIVE REOUlREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A-II0 (Uniform Administrative
Requirements for Grants and Agreements \\;th 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 RECORDKEEPING
1. The SUBRECIPIENT shall maintain all records required by CDBG-R and
ARRA. To maximize the transparency and accountability ofthc Amcrican Recovery and Reinvestment
Act spending required by Congress and in accordance with 2 CFR 215.21 "Uniform Administrative
Requirements for Grants and Agreements" and the A-I 02 Common Rule provisions, recipients agree
to maintain rccords that identify adequately the source and application of ARRA funds.
2. All reports, plans, surveys, information, documents, maps, and other data
procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of
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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 three (5) 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, WBEIMBE, Equal Opportunity Employment, and HUD
Section 3 reports, pursuant to 24 CFR 570.502,507, and 92 (3)(vi).
4. The SUBRECIPIENT shall submit detailed montWy progress reports to HHVS
outlining the status of specific activities under the project. Each report must account for the total
activity for which the SUBRECIPIENT is paid with CDBG-R 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 "D," Schedule "D-2."
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 sho"'~ng compliance with federal purchasing requirements
and with other federal requirements for grant implementation.
6. If indirect costs are charged, the SUB RECIPIENT will develop an indirect cost
allocation plan for determining the appropriate SUBRECIPIENT' s share of administrative costs and
shall submit such plan to the COUNTY for approval, in a form specified by the COUNTY.
7. Failure to adequately maintain any former CDBG-R funded project may result
in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future
CDBG-R funds.
8. The SUBRECIPIENT will be responsible for the creation and maintenance of
income eligible files on clients served and documentation that all households are eligible under HUD
Income Guidelines.
9. The SUBRECIPIENT further agrees that HHVS shall be the final arbiter on the
SUBRECIPIENT's compliance with the above.
C. REPORTS. AUDITS, AND EV ALUA TrONS
1. Quarterly ARRA reporting is required of SUBRECIPIENT and
SUBRECIPIENT's vendors, including data elements described in Section 1512 of the ARRA and
further outlined at www.federalreporting.gov. HHVS will establish timelines for the submitting of
quarterly reports.
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2. Monthly progress reports will be submitted using the form attached as Exhibit B
and will be accompanied by a Request for Reimbursement if applicable.
3. 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.
4. The SUBRECIPIENT agrees that HHVS will carry out periodic 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 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.
D. ADDITIONAL HOUSING. HUMAN AND VETERAN SERVICES. COUNTY. AND
HUD REOUIREMENTS
The SUBRECIPIENT agrees to utilize funds available under this Agreement to
supplement rather than supplant funds otherwise available for specified activities.
E. WRITTEN APPROVALS
(I) All subcontracts and agreements proposed to be entered into by the
SUBRECIPIENT pursuant to this Agreement;
(2) All capital equipment expenditures of $1 ,000 or more;
(3) All out-of-to\\TI travel (travel shall be reimbursed in accordance with Chapter
112, Fla. Stat. unless otherwise required by CDBG-R);
(4) All change orders;
(5) All requests to utilize uncommitted funds after the expiration of this agreement
for programs described in Exhibit "A"; and
(6) All rates of pay and pay increases paid out of CDBG-R funds, whether for merit
or cost ofliving.
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-lID, A-122. 24 CFR Part 84, and 24 CFR Part 85.
G. AUDITS AND INSPECTIONS
I. Non-profit organizations that expcnd $500,000 or more annually in federal
awards shall have a single or program-specific audit conducted for that year in accordance with OMB
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A-133. Non-profit organizations expending federal awards of $500,000 or more under only one federal
program may elect to have a program-specific audit performed in accordance with OMB A-B3. For
recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A-B3, recipients
agree to separately identify the expenditures for Federal awards under the ARRA on the Schedule of
Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by OMB
Circular A-l33. This shall be accomplished by identifYing expenditures for Federal awards made
under the ARRA separately on the SEFA, and as separate rows under Item 9 of Part III on the SF-SAC
by CFDA number, and inclusion of the prefix "ARRA-" in identifying the name of the Federal
program on the SEFA and as the first characters in Item 9d of Part III on the SF-SAC.
2. Non-profit organizations that expend less than $500,000 annually in federal
awards shall be exempt from an audit conducted in accordance with OMB A-B3, although their
records must be available for review (e.g., inspections, evaluations). These agencies are required by
HHVS to submit "Reduced Scope" audits (e.g., financial audit, performance audits). They may
choose, instead of a Reduced Scope Audit, to have a program audit conducted for each federal award
in accordance with federal laws and regulations governing the program in which they participate.
3. When the requirements of OMB A-B3 apply, or when the SUBRECIPIENT
elects to comply with OMB A-l33, an audit shall be conducted for each fiscal year for which federal
awards attributable to this contract have been received by the SUBRECIPIENT. A copy of the audit
report must be received by HHVS no later than six months following the end of the SUBRECIPIENT's
fiscal year.
4. If an audit is required by Section G of this contract, but the requirements of
OMB A-l33 do not apply or are not elected, the SUBRECIPIENT may choose to have an audit
performed either on the basis of the SUBRECIPIENT's fiscal year or on the basis of the period during
which HHVS-federal assistance has been received. In either case, each audit shall cover a time period
of not more than twelve months and an audit shall be submitted covering each assisted period until all
the assistance received from this contract has been reported. Each audit shall adhere to all other audit
standards ofOMB A-133, as these may be limited to cover only those services undertaken pursuant to
the terms of this contract. A copy of the audit report must be received by HHVS no later than six
months following each audit period.
5. The SUBRECIPIENT shall maintain all contract records in accordance with
generally accepted accounting principles, procedures, and practices which shall sufficiently and
properly reflect all revenues and expenditures of funds provided directly or indirectly by the County
pursuant to the terms of this Agreement.
6. The SUBRECIPIENT shall include in all HHVS approved subcontracts each of
the recordkeeping and audit requirements detailed in this contract.
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 HHVS. Such incomc would include, but not be limited
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to, income from service fees, sale of commodities, and rental or usage fees. The SUB RECIPIENT
shall report its plan to utilize such income to HHVS, and said plan shall require the prior written
approval of HHVS or its designee. Accounting and disbursement of such income shall comply with
OMB Circular A-I 10 (Uniform Administrative Requirement for Federal Grants) and other applicable
regulations incorporated herein by reference.
Program Income, as defined by 24 CFR 570.500(a), may be retained by the COUNTY.
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 received by
the SUB RECIPIENT or its sub-contractors shall be returned to the COUNTY unless the
SUB RECIPIENT requests and is authorized by HHVS to utilize uncommitted funds.
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.
VIII. OTHER PROGRAM REOUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the performance of this Agreement on the
basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of
evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of
the Housing and Community Development Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MNORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction. or services, 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/womcn-o\\'l1ed business enterprises shall be located in or owned by residents of
the CDBG-R areas designated by Collier County in the Annual Consolidated Plan approved by HUD.
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C. PROGRAM BENEFICIARIES
At least fifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons. If the project is located in an entitlement city, as defined
by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries
directly assisted under this Agreement must reside in unincorporated Collier County or in
municipalities participating in the County's Urban County Qualification Program. The project shall
assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement.
D. 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 SUB RECIPIENT. Any possible conflict of interest on the part of the
SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this
paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory
requirement that maximum opportunity be provided for employment of and participation of low and
moderate-income residents ofthe project target area.
E. PUBLIC ENTITY CRIMES
As provided in S 287.133, Fla. Stat. 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 S 287.133 (3) (a), Fla. Slat.
F. DRUG-FREE WORKPLACE REOUlREMENTS
The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with
the Drug-Free Workplace Act of 1988 (41 USC 701).
G. CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
I. 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
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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, 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 sub-awards at all tiers (including subcontracts, sub-grants, contracts
under grants, loans, and cooperative a!,'Teements) and that all SUBRECIPlENTS shall certify and
disclose accordingly.
H. REAL PROPERTY
Any real property acquired by the SUBRECIPlENT 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 24.10], shall be subject to the
provisions of CDBG-R 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-R funds in excess of $25,000, must adhere to the CDBG-R Regulations at 24 CFR
570.505.
IX. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
The SUBRECIPIENT agrees to comply with the following requirements:
1. Clean Air Act, 41 USC 7401, el seq.
2. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4002), 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.
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 Poisoning
Prevention Act found at 24 CFR 570.608.
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D. HISTORIC PRESERVATION
The SUBRECIPlENT agrees to comply with the Historic Preservation requirements set forth in
the National Historic Preservation Act of 1966, as amended (16 USC 470) and the procedures set forth
in 36 CFR 800, Advisory Council on Historic Preservation Procedures for Protection of Historical
Properties.
X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG-R funds may not be used for religious activities or provided to primarily religious
organizations. Section 24 CFR 570.2000) specifies the limitations on CDBG-R funds.
XI. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any
CDBG-R funds on hand at the time of expiration, any accounts receivable attributable to the use of
CDBG-R funds, and any non-expendable personal property that was purchased with CDBG-R funds.
Any real property under SUBRECIPIENT control will be covered by the regulations 24 CFR
570.503(B) (8).
XII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of 28 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.
XIV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties 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.
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IN WlTNESS WHEREoF, the Sllbrecipiem and tha COIUlty, .hatIe .. rapocliwly, by an
a.chomed p;noa or apIl.l. hcnullllet .. their J.ndIll'IcllCIIl 011 this ~ of
.:20_.
ATrEST:
DWIGHT E. BROCK. CLERK
SOARD Of COUJI,TY COMMISSIONEA.o!i
OF COLLIER corMY. FLORlDA
Uy;
FRED W. COyu?' CHA!RM,vl
Dalcli:
(SEAl.)
F"ll"St Witm:ss
Bia Cyproa MG. ColpClndion
( ~ ~
~
-.,
~...... "'~..,.
l~print witness IWnC
s
ilDel&
iE""..c AC:I-'"r
$.... ICid:, .r.ldent (Prinr Nl\lllc)
~ #l'tH--
T~willlesi.nane
Awrowd N tel form 1Dli)cut a'~ckr.,.:
J_lbB. "". --d
.4.wstmt COImty Altomey <::J
2010~lllp~.t_' CDIlO-ll.
Ills Cf,.."I.,IIOIIIIsCorpco;tiOll
&."IY llIlioimt I",~"'_
PllgIl16of28
5/10/2011 Item 16.0.6.
EXHIBIT "A"
SCOPE OF SERVICES
CDBG-R
BIG CYPRESS HOUSING CORPORATION
ENERGY EFFICIENCY IMPROVEMENTS
HUD Grant # B-09-UY-I2-0016
THE SUBRECIPIENT AGREES TO:
A. PROJECT SCOPE:
Big Cypress Housing Corporation (BCHC) proposes to use Community Development Block Grant-
Recovery Act (CDBG-R) reprogrammed funds for energy improvements at Main Street Village (MSV)
and Eden Gardens Apartments in Immokalee, FL. $467,788 in Federal American Recovery and
Reinvesttnent Act (ARRA) funds will be used for:
Main Street Village: materials and installation of a minimum of 331 Energy Star Ceiling Fans with
Light Kits in approximately 79 units, permits, materials and installation of 16-SEER or higher AIC
Units in a minimum of 69 units. Funding will also be used for part-time salary and fringe benefits of the
Construction Project Manager who will oversee all of the energy efficiency improvements. This funding
will benefit approximately 79 households/approximately 3] 5 persons in the Main Street Village
Apartments.
Eden Gardens: materials and installation of a minimum of 190 Energy Star Ceiling Fans with Light
Kits in approximately 5 I units, and installation of a 20' solar powered security street light. Funding
will also be used for salary and fringe benefits of the Construction Project Manager. This funding will
benefit approximately 51 households/approximately ] 75 persons in the Eden Gardens Apartments. 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.
The project activities will meet the U.S. Department of Housing and Urban Development's national
objective to benefit low and moderate income persons.
Collier County Housing, Human and Veteran Services is using CDBG-R funds in the amount of FOUR
HUNDRED SIXTY SEVEN THOUSAND, SEVEN HUNDRED EIGHTY -EIGHT DOLLARS
($467,788.00) for this CDBG-R project.
The Subrecipient will be responsible for submitting the following to HHVS:
a. If applicable any ARRA reports required.
b.lf applicable, Implementation of "Buy American" initiative.
B. BUDGET: -Main Street Villa!!e Ener!!Y Improvements
Line Item Description
CDBG-R Funds
Reimbursement
Salary & Benefits
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PT-Construction Project Manager@ $38.50 Hr $ 23,620.00
X 552 Project Hours
Permits, materials and installation of Energy Star $ 4]9,168.00
Ale units, Ceiling Fans and materials at MSV
Installation of solar -powered security street light $ 25,000.00
and ceiling fans at Eden Gardens
Total $467,788.00
Clarifications to the quantity and types of work to be conducted under Exhibit A will be made upon
receipt of bids by the SUBCONTRACTOR and review by HHVS. All clarifications to the budget line
items will be processed by a Change by Letter, Exhibit A-I, and made an integral component of this
Agreement.
C. PROJECT MILESTONE SCHEDULE
The following Project Work Plan is in effect for program monitoring requirements only and as
such, is not intended to be used as a payment schedule.
Date Start
04/20 II
I 04/2011
I 04/2011
04/2011
04/20 II
04/2011
Date End
08/20 II
8/2011
08/2011
09/2011
12/2011
12/2011
Work Plan
Hire PT Project Manager
Procure/Purchase Energy Star AIC Units and Ceiling Fans
and materials
Award Contract(s)
Apply for Permits
Install A/C's
Complete installation ofHV AC systems & Ceiling Fans
Please note that if any of these activities exceed the timelines by two months a revised work
schedule must be submitted to HHVS.
D. PAYMENT SCHEDULE
The following table details the project deliverables and payment schedule.
Deliverable
Completion of components of the
energy efficiency improvements
as defined
I Contractual emplo ment of staff
: Benefit a minimum of 79
I householdslapproximately 3 I 5
. persons at MSV & 51
! households/approximately 175
persons at Eden Gardens
2010-2011 Reprogrammed CDBG-R-
Big Cypress Housing Corporation
Energy Efficient Improvements
Payment Schedule
Upon invoicing of allowable
U on invoicin of allowable ex enses
Final 1 0% ($46,739.50) released upon
documentation that a minimum of 79
,
I households/a.PProximate. ly 3] 5 persons at MSV &
51 households/approximately 175 persons at
Eden Gardens
---.-- - ._--
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EXHIBIT "A-I"
CHANGE BY LETTER
~ COLL'" CO~" GO~""M'~
Collier County Housina: & Human Services
Public Services Division
Date
User Name
Address
NAPLES, FLORIDA Zip code
PHONE: (239) Phone #
FAX (239) Fax #
Contact Name
Name of Firm
Address
RE: Zero Dollar Contract Change Notification
Re: Contract # and Title of Contract
Project #
Purchase Order #
Dear Contact Name:
By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below:
r The above referenced contract time is hereby extended by Number of days calendar days. The new completion date
shall be on or before month and date, Year.
By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and
satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal rights.
including, but not limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should
circumstances warrant with regard to the referenced contract.
r
Additional Staffing Categories Professional Position(s) Hourly Rate(s)
r
Draw against Allowance (specify allowance item and identifY specific items and quantities)
r
Other: Scope Clarifications as indentified in Schedule B-1, "Clarifications in Scope", (attached).
Sincerely,
Your name
Title
cc: Contract Specialist Name Contract Specialist, Purchasing Department
Suzanne Boothby, Clerk's Grants Department
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EXHIBIT "B"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran
Services Department, 3339 E Tamiami Trail, Bldg H, Suite 211, Naples, Florida 34112, Certificate(s)
ofInsurance evidencing insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Public Liability Insurance on a comprehensive basis in an amount no less than $300,000
per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an
additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used
in connection with this contract in an amount not less than $300,000 per occurrence for combined
Bodily Injury and Property Damage.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in I - 3 above, a Certificate of Insurance must be provided
as follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed
design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per
occurrence providing for all sums which the SUBRECIPIENT and/or the design professional shall
become legally obligated to pay as damages for claims arising out of the services performed by the
SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract.
This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is
issued.
CONSTRUCTIO'J PHASE (IF APPLICABLE)
In addition to the insurance required in I - 4 above, the SUBRECIPIENT shall provide or
cause its Subcontractors to provide original policies indicating the following types of insurance
coverage prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less
than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy
shall be in the name of Collier County and the SUBRECIPIENT.
6. Flood Insurance shall bc provided for those properties found to be within a flood hazard
zone, in an amount not less than the full replace values of the completed structure(s) or the maximum
amount of coverage available through the National Flood Insurance Program (NFIP), whichever is
greater. The policy will show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided
as such time that he buildings' walls and roof exist.
OPERA TJON/MANAGEMENT PH.,,~<: (JF APPLICABLE)
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After the Construction Phase is completed and occupancy begins, the following insurance must
be kept in force throughout the duration of the loan and/or Contract:
7. Public Liability coverage in an amount not less than $],000,000 per occurrence for
combined Bodily Injury and Property damage. Collier County must be shown as an additional insured
with respect to this coverage.
8. Property Insurance coverage on an "AIl Risk" basis in an amount not less than one
hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss
payee with respect to this coverage A.T.I.M.A.
9. Flood Insurance coverage for those properties found to be within a flood hazard zone
for the full replacement values of the structure(s) or the maximum amount of coverage available
through the National Flood Insurance Program (NFIP). The policy must show Collier County as a
Loss Payee A.T.I.M.A.
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EXHIBIT "C"
ADDITIONAL CDBG-R GRANT REOUlREMENTS
Strict Compliance with all aspects of the American Recovery and Reinvestment Act ("ARRA")
is required which includes but is not limited to govemance, transparency, data collection and
resources. Please see www.recoverY.org for additional information.
(I) Title I ofthe Housing Community Development Act of 1974 (42 USC 5301 et. seq.).
Section 109 provides that no person in the United States shall, on the ground of race, color, national
origin, religion, or sex, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with Federal financial
assistance.
(2) The Buy American rule as outlined in section 1605 of the ARRA. All equipment and
products purchased with grant funds should be American made under the provisions entitled "Required
Use of American Iron, Steel and Manufactured Goods."
(3) The Davis-Bacon Act as outlined in Section 1606 of the ARRA.
(4) The National Environmental Policy Act of 1969 (42 USC 4321 et. seq.).
(5) Requirements for Implementing Sections 1512, 1605, and 1606 of the ARRA for
Financial Assistance Awards.
(6) All subrecipients and contractors are required to obtain a DUNS number and register
with the Central Contractor Registration.
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EXHIBIT "D"
REOUlRED SUBMITTALS
D-I Request for Payment
D-la Release and Affidavit Form
D-2 CDBG-R Monthly Progress Report
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SCHEDULE "D-l"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Big Cvpress Housing Corporation
Subrecipient Address: P.O.B. 343529. Florida City. FL 33034
Project Name: Energv Efficiency Improvements
Project No: CDBGR-09-06
Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
I. Grant Amount Awarded
$ 467,788
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 ofToday's Request
$
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests)
$
I certify that this request for payment has been drav.n in accordance with the terms and
conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT. I also certify that
the amount of the Request for Payment is not in excess of current needs.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
(approval authority under $]4,999)
(approval required $15,000 and above)
Dept Director
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SCHEDULE "D-la"
RELEASE AND AFFIDAVIT FORM
The SUBRECIPIENT certifies for itself and its subcontractors, material-men, successors and
assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which
COUNTY might be sued or for which a lien or a demand against any payment bond might be filed,
have been satisfied and paid.
This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final)
Request for Payment.
SUBRECIPIENT
Witness:
BY:
BY:
ITS:
President
DATE:
Print name and title
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this_ day of
2010, by , as of
A Choose Not-For-Profit, or Corporation or Municipality on behalf of
Choose Not-For-Profit, Corporation or Municipality . He/She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of:
Commission No.:
2010-20] I Reprogrammed CDBG-R-
Big Cypress Housing Corporation
Energy Efficient Improvements
Page 25 of 28
Packet Page -758-
5/10/2011 Item 16.0.6.
SCHEDULE "D-2"
CDBG-R MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing, Human & Veterans Service's staff by
the ](Ih ofthefollowing month.
Status Report for Month of
Submittal Date:
Project Name
Energv Efficiency Improvements
Project Number CDBG-R 09-06
Activity Number 398
Subrecipient:
Big Cypress Housing Corporation
Contact Person
Steve Kirk. President
Telephone: 305-242-2]42
Fax:
305-242-2143
E-mail:
kirknet@vahoo.com
1. Activity StatuslMilestones (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. Identify any potential issues that may cause delay.
Ncw contracts executed this month (if a Iicable:
Name of Contractor or
Subcontractor. Address & Phone
Number
Amount of
Contract
Contractor
Federal ID
Number
Race
(see definitions
on followin
Ethnicity
(see definitions
on followin
2010-201 t Reprogrammed CDBG-R-
Big Cypress Housing Corporation
Energy Efficient Improvements
Page 26 of 28
Packet Page -759-
5/10/2011 Item 16.0.6.
page)
page)
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").
INCOME
households or persons. Please circle one category (either
Enter the number ofbenejiciaries in the blank space and in Box I. "
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
number in box "5" below.
Female Head of Households REGARDLESS of income. Enter this
BOX I
BOX 2
BOX3
BOX 4
BOX5
Total Number of
Households or
Persons Assisted
Extremely
Low Income
(0-30%)
Very
Low Income
(31-50%)
Low Income
(51-80%)
Female Head of
Household
SubreciJ,ient's must indicate total beneficiaries for Race AND Ethnicitv
2010-2011 Reprogrammed CDBG-R-
Big Cypress HOlL<;ing Corporation
Energy Efficient Improvements
Page 27 of28
Packet Page -760-
5/10/2011 Item 16.0.6.
Definitions of Race:
White: A person having origins in any of the original peoples of Europe, the Middle East, or North
Africa.
Black or African-American: A person having origins in any of the black racial groups of Africa.
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.
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.
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:
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
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:
2010-201 I Reprogrammed CDBG-R-
Big Cypress Housing Corporation
Energy Efficient Improvements
Page 28 of 28
Packet Page -761-