Agenda 05/24/2011 Item #16D 15/24/2011 Item 16.D.1.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign an amendment to the 2009 -2010
Community Development Block Grant (CDBG) Subrecipient Agreement with the City of Marco Island
approved on February 23, 2010 (Item 16D1). This amendment is to revise Exhibit A, which will include
changes to the scope, budget, outcome performance measures, and extend project milestone schedule
dates in order to facilitate reimbursement.
OBJECTIVE: Recommendation to approve and authorize the Chairman to sign an amendment to the 2009 -2010 Community
Development Block Grant (CDBG) Subrecipient Agreement with the City of Marco Island approved on February 23, 2010 (Item
16D1). This amendment is to revise Exhibit A, which will include changes to the scope, budget, outcome performance measures, and
extend project milestone schedule dates in order to facilitate reimbursement.
CONSIDERATIONS: On April 28, 2009, the Board adopted Resolution No. 2009 -116 approving the 2009 -2010 Action Plan (Item
16D3), and authorized its submission to the U.S. Department of Housing and Urban Development (HUD). The Community
Development Block Grant funding was included as one of the activities outlined in the Action Plan submission.
On August 14, 2009, HUD provided the FY 2009 -2010 entitlement funding letter and agreement to the County in the amount of
$3,198,282. Marco Island is an entitlement city for HUD funds; therefore Collier County acts as a pass - through agent and
administers the funds on Marco Islands' behalf. The Board of County Commissioners approved receipt of the entitlement funds on
September 15, 2009 (Item 16D20). The CDBG funds that were granted to the City of Marco Island were $75,000.00 for sidewalk
installation as listed in the Action Plan. This amendment revises Exhibit A, the scope, budget, outcome performance measures and
extends the project milestones schedule dates in order to better facilitate reimbursement to the Subrecipient. The City of Marco
Island bid the project and now only needs $62,607.74 for its completion. This agreement had a change order, which had been
requested by the City of Marco Island in order to extend the agreement until January 31, 2011. The project has been completed and
the City of Marco Island was able to bid out and install 1,333 linear square feet of sidewalk on 2 "d Avenue in the Marco Highlands
Subdivision on Marco Island.
In summary, the proposed amendment:
1. Revises the scope, budget, outcome performance measures, and extends the project milestone schedule dates in Exhibit A of
the original Subrecipient Agreement.
2. Revises the scope in original Subrecipient Agreement to change the linear square feet of sidewalk installed from 1,235
linear feet to 1,333 linear feet installed.
3. Budget to include reimbursement for Construction Management and change monetary amounts within the line items.
4. Revises the project milestone schedule and also extends Milestone /Task end dates.
5. Revises Outcome Performance Measurements to the actual linear square feet installed which was 1,333.
Unexpended grant funds reflected in the budget above in the amount of $12,392.26 will be re- allocated to future CDBG projects
that will be presented to the Board of County Commissioners.
FISCAL IMPACT: No general funds are associated with this amendment. Expenditures for the CDBG project associated with
this amendment have already been budgeted in CDBG Grant Fund (121) for FY09. Unexpended grant funds reflected in the
budget above in the amount of $12,392.26 will be re- allocated to future CDBG projects that will be presented to the Board of
County Commissioners.
GROWTH MANAGEMENT IMPACT: The project associated with this amendment is consistent with the Growth Management
Plan.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This item requires a majority vote. — JBW
RECOMMENDATION: Recommendation to approve and authorize the Chairman to sign an amendment to the 2009 -2010
Community Development Block Grant (CDBG) Subrecipient Agreement with the City of Marco Island approved on February 23,
2010 (Item 16131). This amendment is to revise Exhibit A, which will include changes to the scope, budget, outcome performance
measures, and extend project milestone schedule dates in order to facilitate reimbursement.
Prepared by: Sandra Marrero, Grants Coordinator
Housing, Human and Veteran Services Department
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5/24/2011 Item 16.D.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.1.
Item Summary: Recommendation to approve and authorize the Chairman to sign an
amendment to the 2009 -2010 Community Development Block Grant (CDBG) Subrecipient
Agreement with the City of Marco Island approved on February 23, 2010 (Item 16D1). This
amendment is to revise Exhibit A, to update the scope, budget, outcome performance
measures, and extend project milestone schedule dates in order to facilitate reimbursement.
Meeting Date: 5/24/2011
Prepared By
Name: MarreroSandra
Title: Grants Coordinator,Housing, Human & Veteran Services
4/19/2011 9:55:08 AM
Submitted by
Title: Grants Coordinator,Housing, Human & Veteran Services
Name: MarreroSandra
4/19/2011 9:55:10 AM
Approved By
Naive: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 4/19/2011 10:18:28 AM
Name: CastorenaMargo
Date: 4/20/20112:49:15 PM
Name: KrumbineMarcy
Title: Director - Housing & Human Services,Housing, Human & Veteran Services
Date: 4/20/20114:24:40 PM
Name: RamseyMarla
Title: Administrator, Public Services
Date: 5/5/20114:42:47 PM
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Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 5/9/2011 11:27:14 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/10/20119:22:39 AM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 5/16/20117:58:28 AM
Name: OchsLeo
Title: County Manager
Date: 5/17/20112:28:25 PM
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5/24/2011 Item 16.D.1.
5/24/2011 Item 16.D.1.
EXHIBIT A -1 Contract Amendment #1
"City of Marco Island.
CDBG 09 -03 Installation of Sidewalks 2°d Avenue"
This amendment, dated 20 to the referenced agreement shall be by and
between the parties to the original Agreement, City of Marco Island, a municipality existing under the laws of
the State of Florida (to be referred to as Subrecipient) and Collier County, Florida, (to be referred to as
"COUNTY").
Statement of Understanding
RE: Contract # B- 09 -UC -12 -0016 # 14.218 "City of Marco Island,
CDBG- 2 Avenue Sidewalk Installation"
In order to continue the services provided for in the original Contract document referenced above, the Sub -
Recipient agrees to amend the Contract as follows:
EXHIBIT "A"
SCOPE OF SERVICES -
SUBDIVISION OF MARCO HIGHLANDS
2 ND AVENUE
THE SUBRECIPIENT AGREES TO:
A. PROJECT SCOPE:
The City of Marco Island proposes to construct appfeydmately 4-,23-5 1,333 linear feet of
concrete sidewalk adjacent to 2 "d Avenue located in the Marco Highlands Subdivision within
the City of Marco Island in Collier County, Florida. The construction of these sidewalks will
provide for the safety of pedestrians and will be an area wide benefit to a targeted population as
determined by the income survey conducted by the City of Marco Island. The targeted income
range for the area of activity is 80% of AMI the threshold for the low and moderate income
designation. Approximately 30 residents living in approximately 14 homes will benefit
directly from this project. This funding will cover all costs associated with the construction of
these sidewalks including survey, project design, construction management services, culverts,
storm management, excavation and preparation, grading, fence removal, sod and landscaping
restoration, and contingencies.
Collier County Department of Housing and Human Services is funding SEVENTY FIVE
T440USAND DOLLARS ($75,000 SIXTY TWO THOUSAND SIX HUNDRED AND
SEVEN DOLLARS AND 74/100 ($62,607.74) with CDBG funds for this sidewalk installation
infrastructure project.
B- 09 -UC -12 -0016 #14.218
City of Marco Island
2nd Avenue Sidewalk Installation
Contract Amendment #1 Page 1 of 4
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5/24/2011 Item 16.D.1.
Words Struek Thr are deleted; Words Underlined are added
The Subrecipient will be responsible for submitting the following to HHS:
a. Submission of documentation to qualify project as an area wide benefit through an income
survey conducted by The City of Marco Island as approved by HUD.
B. BUDGET — Infrastructure- Sidewalk Installation (approxima 4-,2M 1,333 linear feet)
Line Item: CDBG Funds V5,000
$62,607.74 UPDATED
Original CDBG Funds
Concrete Sidewalk (1,295 Lineaf Feet)
(appr-exiina*lyl, 333 Linear Feet)
Sidewalk installation $3050.00
Survey, Project Design
Sefviees during Cens4u,4ian $20,000.
Construction Mang ement $ 0.00
Total Project Cost $x,000.00
Updated CDBG Funds
$42,682.23
$17,300.00
$ 0.00
$ 2,625.51
$62,607.74
Further clarifications to the quantity and types of work to be conducted under Exhibit A will be
processed by a Change by Letter, Exhibit A -1, and made an integral component of this Agreement, if
necessary.
C. PROJECT MILESTONE SCHEDULE - ORIGINAL
The time frame for completion of the outlined activities shall be:
B- 09 -UC -12 -0016 414.218
City of Marco Island
2 Avenue Sidewalk Installation
Contract Amendment # 1 Page 2 of 4
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5/24/2011 Item 16.D.1.
PROJECT MILESTONE SCHEDULE
Milestone/Task
Start Date
End Date
Conduct Income Survev
July 1, 2009
Completed in September. 2009
& provide results to
HHS
Number of linear
Determine Eli ibilit�of
July 1. 2009
Completed in September. 2009
the two streets and
notify HHS
Review and
confirmation of income
September. 2009
Completed in December, 2009
installed
survey and area
eli ibili by HUD
Sub - recipient agreement
February 2010
Completed in February, 2010
si ned
Pro'ect Desi n
Aril 2010
Com leted in June 2010
Award of Contract and
August. 2010
Completed in November. 2010
Construction of
Pedestrian Sidewalks
NOTE: Performance milestones are in effect for program monitoring requirements only,
and as such, are used by HUD and other grantor agencies as general target goals rather
than strict performance requirements.
This agreement shall allow reimbursement of expenses for all eligible costs associated with
the agreement and does not require the completion of all agreement milestones for
reimbursement to be paid.
Please note that if any of these activities exceed the timelines by two months a revised work
schedule must be submitted to HHS.
R D. OUTCOME PERFORMANCE MEASUREMENTS:
OBJECTIVE
OUTCOMES
ACTIVITY
INDICATORS
SUITABLE
Sustainability through
Infrastructure-
Number of linear
LIVING
public improvements for
Installation of
feet of sidewalks
ENVIRONMENT
installation of
e.. . ately4-,234
installed
appr-eydinate4y4-,2-3-5 1,333
1,333 linear feet of
appt�y
linear feet of sidewalk
sidewalk
4-,2-3-5 1333
B- 09 -UC -12 -0016 #14.218
City of Marco Island
2 °d Avenue Sidewalk Installation
Contract Amendment #1 Page 3 of 4
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5/24/2011 Item 16.D.1.
IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on this day of
, 20
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Deputy Clerk , Chairman
Dated:
(SEAL)
CITY OF MARCO ISLAND
4 ; _j.ri4 ).— By:
First Witness Subrecipient Signature
� � � �r�
Dr. James Riviere, City Manager
` -Ps
li � GCS. �1 G
Type /print witness name
Second Witn
c." Atk'rC'd
Type /print witness name
Approved as to form and
Legal sufficiency:
Jennifer B.White
Assistant County Attorney
B- 09 -UC -12 -0016 #14.218
City of Marco Island
2 °d Avenue Sidewalk Installation
Contract Amendment #1 Page 4 of 4
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0 is 5/24/2011 Item 16.D.1.
AGREEMENT BETWEEN COLLIER COUNTY
AND
CITY OF MARCO ISLAND
SIDEWALK PROJECT INSTALLATION OF SIDEWALK
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # 8- 09- [JC -12 -0016
THIS AGREEMENT is made and entered into by and between Collier County, a political
subdivision of the State of Florida, ( "COUNTY "), and the "City of Marco Island," a municipality
existing under the laws of the State of Florida, having its principal office at 50 Bald Eagle Drive Marco
Island, FT, 34145, and its Federal Tax Identification number as 59- 347 -9845, ( "SUBRECIPIENT ").
WHEREAS, the COUN'T'Y has entered into an agreement with the United States Department
of Housing and Urban Development (HUD) 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 (C'DBG) 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 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 C'DBG
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 0l -02; and
WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for
Federal Fiscal Year 2009 -2010 for the CDBG Program and the use of the CD13G funds for the
activities identified in the Plan; and
WHEREAS, the COUNTY and the S[JBRECIPIENT desire .to provide the activities specified
in Exhibit "A" of this Agreement, in accord with the approved Consolidated Plan; and
2009 (DW; WD09 -03 )
Citv ol' Marco Island
Infrastructure - sidewalk Installation
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5/24/2011 Item 16.D.1.
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
undertakings of the CDBG 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:
I. DEFINITIONS
(A) "COUNTY" means Collier County, and where applicable, it's authorized
representative(s).
(B) "C'DBG" means the Community Development Block Grant Program.
(C) "EIEIS" means Collier County Department of Housing and Human Services.
(D) "MIS's Approval" means the written approval of the Department of Housing and
Human Services or designee.
(E) "SUBRECIPIENT" means City of Marco Island.
(F) "HUD" means the U.S. Department of Housing and Urban Development or a person
authorized to act on its behalf.
(G) "Low and moderate income persons" means the definition set by HUD.
(11) "Project" means the work 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 FIIIS,
perform the tasks necessary to conduct the program outlined in Exhibit "A."
III. TIME OF PERFORMANCE
The effective date of the Agreement between EIUD and Collier County shall be July 1, 2009.
Subrecipients are authorized to incur eligible expenses after that date and prior to execution of' this
Agreement subject to ETHS prior written approval. The services of the 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, 2010. Any funds not
obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set
forth in Part IX (H), and Part VIII (H) below.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be reimbursed by the COUNTY using EIUD funding for allowable
costs, determined by COUNTY, in an amount not to exceed Seventy Dive Thousand Dollars
($75,000.00) 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 SUBRFCIPIENT shall enter into contract for improvements with the lowest
responsive and qualified bidder. Contract administration shall be handled by the SUBRF,CIPiEN "l' and
monitored by MIS, which shall have access to all records and documents related to the project.
2009 CD 13G (C 7 )09 -03 )
City of Marco Island
Infrastruct ue- Sidewalk Installation Page 2 Of, 28
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5/24/2011 Item 16.D.1.
The County shall reimburse the SUBRI- C'IPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by 1111S pursuant to the
submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT 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 § 22 18.70, h7a. SJut., otherwise known as the
"Local Government Prompt Payment Act." No payment will be made until approved by 11115.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to
FI1:IS at its office, presently located at 3301 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 (1) 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 HHS' Policies and
Procedures memoranda.
Should a prgject receive additional funding after the commencement of this Agreement, the
SUBRECIPIENT shall notify 1-111S in writing within thirty (30) days of receiving notification from the
funding source and submit a cost allocation plan for approval by 111 -IS or its designee within forty -rive
(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 SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction.
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:
24 CFR 570, as amended - The regulations governing the expenditure of Community
Development Block Grant (C DBG) funds.
2. 24 CFR 58 - The regulations prescribing the F,nvironmental Review procedure.
2009 CDBG I('1)()9 -03)
City of Marco Island
In raslruclure- Sidc%valk Installation
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5/24/2011 Item 16.D.1.
3. Title VI of the 1984 Civil Rights Act. 42 USC. § 2000d, ei. seq.
4. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
5. 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.
6. 'Title VII of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972, 42 USC § 2000e, et. seq.
7. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
8. Age Discrimination Act of 1975.
9. Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
10. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5).
11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended.
12. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages
and the use of apprentices and trainees on federally assisted projects as mandated by the
Davis -Bacon Act. HUD Form 4010 must be included in all construction contracts
funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c)).
13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
14. 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.
15. Public Law 100 -430 - the Fair Housing Amendments Act of 1988.
16. OMB Circular A -133 - concerning annual audits.
17. OMB Circular A -122 - which identities cost principles.
18. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with
Institutions of I ligher Education, I Iospitals and Other Non - Profit Organizations.
2009 ('1)136 (('1)09 -03)
City of Marco Island
Infrastructure- Sidc%valk installation Page 4 of 28
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19. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to State
and Local Governments.
20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, eat seq. and
regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws
referenced herein shall constitute a breach of this agreement, and the County shall have
the discretion to unilaterally terminate this agreement immediately.
21. Chapter 112, Florida .Statutes.
22. Prohibition Of Gifts To County Employees - No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of
value to any County employee, as set forth in Chapter 112, Part III, Florida .Statutes,
Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative
Procedure 5311.
23. Order of Precedence - In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the Agreement shall take precedence over the
terms of all other Contract Documents, except the terms of any Supplemental
Conditions shall take precedence over the Agreement. To the extent any conflict in the
terms of the Contract Documents cannot be resolved by application of the Supplemental
Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the
more strict or costly obligation under the Contract Documents upon the Contractor at
Owner's discretion.
24. 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.
25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of SUBRECIPIENT with full decision - making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached
during negotiations to COUNTY for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of SUBRECIPIENT with full decision- making
authority and by COUNTY'S staff person who would make the presentation of any
settlement reached at mediation to COUNTY'S board for approval. Should either party
fail to submit to mediation as required hereunder, the other party may obtain a court
order requiring mediation under § 44.102, Flu. ,Slut.
2009 (A)B(; WD09 -03 )
Oily of" Marco Island
Infrastructure - Sidewalk InSlJllalion
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I). 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 IRIS 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 1-11- IS 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 project, 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 SUBRECIPIENT in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an indemnified party or person described in this
paragraph. 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, h7orida .Ywfutes.
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 IIIIS in all publications and publicity. In addition, the SUBRI:CIPII.:N`f will make a good
faith effort to recognise { ll {S' support for all activities made possible with funds made available under
this Agreement. 'The SUBRECIPIENT will mount a temporary construction sign for projects funded
2009 ('URG WD09 -03)
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Infrastructure- Sidewalk Installation Page 6 of' 28
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by IIHS. This design concept is intended to disseminate key infonnation regarding the development
team as well as Equal Housing Opportunity to the general public. The construction sign shall comply
with applicable County codes.
1 -1. 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 SUBRECIPIENT with funds under this Agreement
shall be returned to IIFIS 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 SUBRECIPIEN'r, 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.
"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. (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 CPR 85.44.)
3. TERMINATION DUE TO CESSATION
In the event the grant to the COUN'rY 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 IIUD specifies.
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
"D" to this Agreement.
2009 UNIG (CU09 -03)
C ity of' Marco Island
Infrastructure - Sidewalk Installation Parse 7 of 28
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0 ® 5/24/2011 Item 16.D.1.
.I. SUBRE?C'lN1k;N "I' L[ABll.l "I'Y OBLIGATION
Compliance with the insurance requirements in Exhibit 13- shall not relieve the
SUBREC 1PIEN'f 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 live (5)
calendar days to submit a corrected Certificate to the County.
If the SUBRECIPIEN"C 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 REQUIREMENTS
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 RECORDKEEPING
The SUBRECIPIENT shall maintain all records required by CDBG.
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 COUN'T'Y by the SUBRF,CIPIF,NT at any time upon request by the
COUNTY or EIIIS. upon completion of all work contemplated under this
Agreement copies of all documents and records relating to this Agreement shall
be surrendered to TIIIS if requested. In any event the SUBRECIPIENT shall
keep all documents and records for three (3) years after expiration of this
Agreement.
2009 CIMIG WD09 -03I
City of Marco Island
Inlrastructure-Sidewalk Imlallation Palle 8 of 28
Packet Page -1411-
r]
5/24/2011 Item 16.D.1.
3. The SUBRI-CIPIF.NT shall submit reports as required to assist the COUNTY in
the preparation of HUD Labor Relations, WBE /MBE, Equal Opportunity
Employment, and I IUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and
92 (3)(vi).
4. 'rile SUBRECIPIENT shall submit detailed monthly progress reports to MIS
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
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 [lours and Work Safety Law. Similarly, the
SUBRECIPIENT shall maintain records showing compliance with federal
purchasing requirements and with other federal requirements for grant
implementation.
6. If indirect costs are charged, the SUBRECIPIENT 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 funded project may result in
the delay of processing reimbursement requests for ongoing activities or in the
forfeiture of future CDBG 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 EIUD Income Guidelines.
9. The SUBRECIPIENT further agrees that IIfIS shall be the final arbiter on the
SUBRECIPIENT's compliance with the above.
C. REPORTS, AUDITS, AND [:VALUATIONS
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.
2009 CDBG WD09 -03)
City o1' Marco Island
Inlrastrul'tUre-SideNvalk Installation
Paue 9 of 28
Packet Page -1412-
0 4P 5/24/2011 Item 16.D.1.
The SUBRF,CIPIENT agrees that 11I1S will carry out periodic monitoring and evaluation activities as
determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations.
The SUBRECIPIE?NT shall, upon the request of Ill IS, submit information and status reports required
by IIHS or HUD to enable HIIS to evaluate said progress and to allow for completion of reports
required. The SUBRECIPIENT shall allow IItIS or HUD to monitor the SUBRECIPIEN "I on site.
Such site visits may be scheduled or unscheduled as determined by Fit -IS or I IUD.
D. ADDITIONAL HOUSING & HUMAN SERVICES COUNTY AND HUD
REQUIREMENTS
The SUBRECIPIF,NT agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available for specified activities.
E. PRIOR WRITTEN APPROVALS
(1) All subcontracts and agreements proposed to be entered into by the
SUBRECIPIENT pursuant to this Agreement; -
(2) Alt capital equipment expenditures of $1,000 or more;
(3) All out -of -town travel (travel shall be reimbursed in accordance with Chapter
112, Fla. Slat. unless otherwise required by CDBG);
(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 funds, whether for merit or
cost of living.
F. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the procedures prescribed by the Federal
Management Circulars A -110, A-12-1,24 CFR Part 84, and 24 CFR Part 85.
G. AUDITS AND INSPECTIONS
Non -profit organizations that expend $500,000 or more annually in federal
awards shall have a single or program - specific audit conducted for that year in
accordance with OMB 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 -133.
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-
133, although their records must be available for review (e.g., inspections,
evaluations). These agencies are required by IIfIS to submit "Reduced Scope"
audits (e.g., financial audit, performance audits).
2009 CDW; (C D09 -U3)
City ol' Marco Island
Infrastructure-Sidewalk Installation Page 10 of 28
Packet Page -1413-
C
5/24/2011 Item 16.D.1.
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 -133 apply, or when the SUBRECIPIENT
elects to comply with OMB A -133, 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 1I11S 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 -133 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 HITS- 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 of OMB 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 HI-IS 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 IIHS 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 IIHS. 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 IIHS, and said plan shall require the prior written approval of
IIHS or its 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.
Program Income, as defined by 24 CFR 570.500(a), may be retained by the COUN'T'Y.
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 SUBRECIPIENT or its sub - contractors shall be returned to the COUNTY unless the
SUBRECIPIENT requests and is authorized by III IS to utilize uncommitted funds.
2009 ('DBG WD09 -03)
City of Marco Island
Inlrastructure- Sidewalk Installation Pane 11 ()F29
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5/24/2011 Item 16.D.1.
GRANT CLOSEOU r PROCEDURES
SUBRECIPII NT's obligation to the COUN'CY 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 COUN'T'Y), and
determining the custodianship of records.
V[II. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGH'T'S COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the performance of this Agreement on the
basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of
evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower - income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of
the Housing and Community Development Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS
ENTERPRISES
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 /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 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.
2009 CD136 WD09 -03)
Cityol'Marco Island
Inlraslrulure- Sidewalk Installation Pate 12 of 28
Packet Page -1415-
0 5/24/2011 Item 16.D.1.
1). CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person who presently exercises any Rinctions 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 IIHS 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.
E. PUBLIC ENTITY CRIMES
As provided in § 287.133, Fla..Staf. by entering into this Agreement or performing any work in
furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and
consultants who will perform hereunder, have not been placed on the convicted vendor list maintained
by the State of Florida Department of Management Services within the 36 months immediately
preceding the date hereof. This notice is required by § 287.133 (3)(a), Fla. 5tat.
F. DRUG -FREE WORKPLACE REQUIREMENTS
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:
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,
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.
2009 UD11 ; ((')09 -03)
city of Marco Island
Inf�astruchirc- Sidewalk In,;t,illalion
I'a�e 13 of 29
Packet Page -1416-
r'
L
5/24/2011 Item 16.D.1.
The undersigned shall require that the language of this certification be included in the
award documents for all sub- awards at all tiers (including subcontracts, sub - grants,
contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIF,NTS shall certify and disclose accordingly.
H. REAL, PROPERTY
Any real property acquired by the SUBRECIPIENf for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the
provisions of CDBG including, but not limited to, the provisions on use and disposition of property.
Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part
with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505.
IX. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
The SUBRECIPIENT agrees to comply with the following requirements:
1. Clean Air Act, 41 USC 7401, et 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.
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 USC 470) and the procedures set forth
in 36 CFR 800, Advisory Council on Historic Preservation Procedures for Protection of Historical
Properties.
2009 (I)136 (CI)09 -03)
City ol' Marco Island
Inlrastruclure- Sidewalk In.tallation Pane 14 of 2R
Packet Page -1417-
0 5/24/2011 Item 16.D.1.
X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religious
organizations. Section 24 CFR 570.2000) specifies the limitations on CDBG funds.
XI. 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 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 twenty -eight (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.
2009 CDBG (C D09 -03)
ON ol'Marco Island
Inl'rastructure- Sidewalk Installalion Pave 1 5 of,IR
Packet Page -1418-
5/24/2011 Item
IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on this February 23, 2010.
ATTEST: t
D WX N T E. A R C K, CLERK
Dated:`
<iynatu're otii •
First Witness
eese &W
S7'��� �jctii5�
Type /print witness name
Seco Witness
LPs %P Id fan !f
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COU TY, FLORIDA
[3y: t Lo.
FRED W. COYLE, CHAMMAN
City of Marco Island
By:
a(A-
SAbrecipient'signature
Type /print Subrecipient name an8 title
Type /print witness name Approved as to form and legal sufficiency:
Colleen M. Greene
Assistant County Attorney
2049 ('DBG (CD09 -03)
City of .Marco Island
Infrastructure - Sidewalk Installution Page 16 of 28
raLr0=L rase - 1•r.i:7-
16.D.1.
0 5/24/2011 Item 16.D.1.
IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by arV%
authorized person or agent, hereunder set their hands and seals on this February 23, 204e.tcl
ATTEST:,',.,
DWI � T E. BRO CLERK
Dated
l►Ittist'
alanature on
First Witness
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
FRED COYLE, CI -IXI MAN
rz- L t zu-�, C� t ��► c (") dc-
Type /print witness name
Second Witness
"Type /print witness name
2009 ('UI ;G (C'1)09 -()3 )
Oty of Marco Island
Infirastructure- Sidewalk Installation
City of Marco Isla
By:
brecipient Signature
SA eyic tj i 7 h Qv, p (j) C, 1.� %)1ct.�c,�.�
'Type /print Subrecipient name and title
A�pmyed as to Iorm and legal sufficiency:
ol(een M. Greene
Assistant County Attorney
Pate 16 of 28
Packet Page -1420-
1]
EXHIBIT "A"
SCOPE OF SERVICES
CITY OF MARCO ISLAND
INSTALLATION OF SIDEWALKS
SUBDIVISION OF MARCO HIGHLANDS
2 AVENUE
THE SUBRECIPIENT AGREES TO:
A. PROJECT SCOPE:
5/24/2011 Item 16.D.1.
The City of Marco Island proposes to construct approximately 1,235 linear feet of concrete
sidewalk adjacent to 2nd Avenue located in the Marco I Iighlands Subdivision within the City of
Marco Island in Collier County, Florida. The construction of these sidewalks will provide for
the safety of pedestrians and will be an area wide benefit to a targeted population as determined
by the income survey conducted by the City of Marco Island. The targeted income range for
the area of activity is 80% of AMI the threshold for the low and moderate income designation.
Approximately 30 residents living in approximately 14 homes will benefit directly from this
project. This funding will cover all costs associated with the construction of these sidewalks
including survey, project design, construction management services, culverts, storm
management, excavation and preparation, grading, fence removal, sod and landscaping
restoration, and contingencies.
Collier County Department of Housing and Human Services is funding SEVENTY FIVE
THOUSAND DOLLARS ($75,000.00) with CDBG funds for this sidewalk installation
infrastructure project.
The Subrecipient will be responsible for submitting the following to HHS:
a. Submission of documentation to qualify project as an area wide benefit through an income
survey conducted by The City of Marco Island as approved by HUD.
B. BUDGET — Infrastructure - Sidewalk Installation (approximately 1,235 linear feet)
Line Item: CDBG Funds $75,000
Concrete Sidewalk (1,235 Linear Feet) Sidewalk installation $37,050
Survey, Project Design, Services During Construction $20,000
Contingencies or cost over -runs for line items mentioned above `517,950
Total Estimated Project Cost $75,000
2009 CDBO WD09 -03)
City of Marco Island
Inl'rastructure- Sidewalk Installation Pniw 17 ol'29
Packet Page -1421-
5/24/2011 Item 16.D.1.
Further clarifications to the quantity and types of work to be conducted under Exhibit A will be
processed by a Change by Letter, Exhibit A -1, and made an integral component of this Agreement, if
necessary.
A
E.
PROJECT MILESTONE SCHEDULE
The time frame for completion of the outlined activities shall be:
MILESTONE /TASK
START
END DATE
INDICATORS
DATE
Sustainability through
Conduct income survey & provide results to HFIS
July I, 2009
Completed in
public improvements for
Installation of
September 2009
Determine eligibility of the two streets & notify NHS
July 1, 2009
Completed in
installed
September 2009
Review and confirmation of income survey and area
September,
Completed in
eligibilityby HUD
2009
December, 2009
Sub - recipient Agreement Signed
February,
February, 2010
2010
Project Design
February,
April, 2010
2010
Award of Contract and Construction of Pedestrian
April, 2010
June 15, 2010
Sidewalks
NOTE. Performance milestones are in effect for program monitoring requirements only,
and as such, are used by HUD and other grantor agencies as general target goals rather
than strict performance requirements.
This agreement shall allow reimbursement of expenses for all eligible costs associated with
the agreement and does not require the completion of all agreement milestones for
reimbursement to be paid.
Please note that if any of these activities exceed the timelines by two months a revised work
schedule must be submitted to HHS.
OUTCOME PERFORMANCE MEASUREMENTS:
OBJECT[VE
OUTCOMES —
ACTIVITY -
INDICATORS
SUITABLE
Sustainability through
Infrastructure-
Number of linear
LIVING
public improvements for
Installation of
feet of sidewalks
ENVIRONMENT
installation of
approximately 1,235
installed
approximately 1.235 linear
linear feet of sidewalk
approximately
feet of sidewalk
1,235
2009 (1)[16 WD[9 -03)
Cily of rvlarco Island
Infrustructure- Sidewalk Installation hale 18 of 28
Packet Page -1422-
Im
EXHIBIT `•A -1"
CHANGE BY LETTER
COLLIER COUNTY GOVERNMENT
Collier County Housini& Human Services
Public Services Division
Date
Contact Natne
Name of Firm
Address
RE: Zero Dollar Contract Change Notification
Re: Contract # and Title of Contract
Project #
Purchase Order #
Dear Contact Name:
5/24/2011 Item 16.D.1.
User Name
Address
NAPLES, FLORIDA Zip code
PHONE: (239) Phone #
FAX (239) Fax #
By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below:
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.
F
Additional Staffing Categories Professional Position(s) Hourly Rate(s)
F- Draw against Allowance (specify allowance item and identify specific items and quantities)
i Other: Scope Clarifications as indentified in Schedule B -I. '`Clarifications in Scope ", (attached).
Sincerely,
Your name
ritle
cc: Contract Specialist Name Contract Specialist, Purchasing Department
Suzanne Boothby, Clerk's Grants Department
2009 CD116 WD09 -01)
City ot'.'vlarco Island
Infrastructure- .Sidewalk Installation
Packet Page -1423-
C
EXHIBIT "B"
INSURANCE REQUIREMENTS
5/24/2011 Item 16.D.1.
The SUBRECIPIENT shall furnish to Collier County, c/o Housing and Human Services
Department, 3301 E Tamiami Trail, Bldg 1-1 Suite 211, Naples, Florida 34112, Certificate(s) of
Insurance evidencing insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, 1 lorida Slulutes.
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 1 — 3 above, a Certificate of Insurance must be provided
as follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed
design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per
occurrence providing for all sums which the SUBRECIPIENT' and/or the design professional shall
become legally obligated to pay as damages fro 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.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or
cause its Subcontractors to provide original 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 be 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.1.M.A. This policy will be provided
as such time that he buildings' walls and roof exist.
OPF.RA-1�ION /MANAGE1,tEN'r PHASE (IF APPHCABLE )
2009 Clll3G (('D09 -03)
Citv of Marco Island
Infrastructure - Sidewalk Installation ha�Te' 70 (if ?R
Packet Page -1424-
5/24/2011 Item 16.D.1.
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 $1,000,000 per occurrence Ibr
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 "All Risk" basis in an amount not less than one
hundred (100 %) of the replacement cost of the property. Collier County must be shown as a boss
payee with respect to this coverage A.'l .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.
2009 cul3(i (Ch09 -03)
City of Marco Island
Infrastructure - Sidewalk Insiallation Pao(- 21 ot' 29
Packet Page -1425-
0
EXHIBIT "C"
ADDITIONAL CDBG GRANT REQUIREMENTS
5/24/2011 Item 16.D.1.
Enter additional requirements here, IF NONE EXIST, state "There are no additional grant
requirements."
2009 ('1)13(1(('])09 -03)
City of Marro Island
Infrastructure - Sidewalk Installation
Page 22 of 28
Packet Page -1426-
0 is 5/24/2011 Item 16.D.1.
EXHIBIT "D„
REQUIRED SUBMITTALS
D -1 Request for Payment
D -la Release and Affidavit Form
D -2 CDBG Monthly Progress Report
2009 C BG (Cnrly -ui)
City of Marco Island
Infrastructure- Sidewalk Installation Pnar- TI of ?R
Packet Page -1427-
5/24/2011 Item 16.D.1.
SCHEDULE "D -1"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: City of Marco Island
Subrecipient Address: 50 Bald Eagle Drive Marco Island FL 34145
Project Name: Installation of Sidewalk
Project No: CD -09 -03 Payment Request #
Dollar Amount Requested:
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
$ 75,000.00
2.
Sum of Past Claims Paid on this Account
3.
Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
4.
Amount of Previous Unpaid Requests
5.
Amount of Today's Request
6.
Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests) $
I certify that this request for payment has been drawn in accordance with the terms and
conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT. I also certify that
the amount of the Request for Payment is not in excess of current needs.
Signature
Title
Authorizing Grant Coordinator
Supervisor _
Dept Director
2009 CIAW WD09 -03)
City of 1larco IslanJ
Infrastructure - Sidewalk Installation
Date
(approval authority under $14,999)
(approval required $15,000 and above)
Page 24 of 28
Packet Page -1428-
5/24/2011 Item 16. D.1.
SCHEDULE "D -la"
RELEASE AND AFFIDAVIT FORM
The SUBRECIPIENT certifies for itselfand 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 tiled,
have been satisfied and paid.
This Release and Affidavit is given in connection with the SUBRECIPIENf's (monthly /final)
Request for Payment.
Witness:
:•
Print name and title
STATE OF
COUNTY OF
SUBRECIPIENI'
i
ITS: President
DATE:
The foregoing instrument was acknowledged before me this ___ day of ,
2009, by _ , as _ of
A Choose Not - For - Profit, or Corporation or Municipality on behalf of
Choose Not - For - Profit, Corporation or Municipality . Iie /She is personally known to me OR has
produced __ as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL, SEAL)
( Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
2009 CIMG WD09 -03)
City of' Marco Island
Iuf'ra,tructurc- Sidewalk Installation
Packet Page -1429-
SCHEDULE "D -2"
CDBG MON'CHLY PROGRESS REPOR'('
5/24/2011 Item 16.D.1.
Complete form for past month and ,submit to Housing &Human Service's staff by the Iffh of
the following month.
Status Report for Month of
Project Name Installation of Sidewalks
Submittal Date:
Project Number CD -09 -03 Activity Number
Subrecipient: City of Marco Island
Contact Person Steve Olmsted or Leslie Sanford
Telephone: (239) 389 -5000 Fax: 239) 389 -4359
E -mail: solnstedOa�cityofmarco island. com or lsanford abcityofmarcoisland.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. Identify any potential issues that may cause delay.
New contracts executed this month (if applicab le ):
Name of Contractor or
Amount of
Contractor
Race
Ethnicity
Subcontractor, Address & Phone
Contract
Federal 11)
(see definitions
(see definitions
Number
Number I
on following
on following
2009 ('U13(i I('D09 -03)
City of Marco Island
Infrastructure - Sidewalk Installation
Packet Page -1430-
5/24/2011 Item 160.1.
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. 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 1
BOX 2
BOX 3
BOX 4
13OX 5
Total Number of
Extremely
Very
Low Income
Female [lead of
Households or
Low Income
Low Income
(51 -80 %)
1 fousehold
Persons Assisted
(0 -30 %)
(31 -50 %)
2009 CDBG (CU09 -03)
City ol'Marco Island
Infrastructure- Sidemaalk Instillation Pn�Tr• 77 ..f 7R
Packet Page -1431-
Subrecipient's must indicate total beneficiaries for Race AND Ethnicity
Definitions of Race:
5/24/2011 Item 16.D.1.
White: A person having origins in any of the original peoples of Europe, the Middle lust, 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
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:
2009 CDBG 1('Do9 -o3)
City of Marco Island
Infrastructure - Sidewalk Installation
D_- 110 .. 4 "l 0
Packet Page -1432-
%) / , t /..% I -.
CONTRACTIWORK ORDER MODIFICATION 5/24/2011 Item 16.D.1.
CHECKLIST FORM
¢tev
PROJECT NAME: City of Marco Island - Sidewalk Project._ PROJECT #: CD 09 -03 PROJECT MANAGER: Sandra Marrero
BID /RFP #: B- 09 -UC -12 -0016 MOD #: 1 PO#: NIA WORK ORDER #: NIA
DEPARTMENT: Housina and Human Services (HHS) CONTRACTOR/FIRM NAME: City of Marco Island
Original Contract Amount:
Current BCC Approved Amount:
Current Contract Amount:
Change Amount:
Revised Contract/Work Order Amount:
Cumulative Dollar Value of Changes to
this Contract/Work Order:
$ 75.000
(Starting Point)
$ 75.000
(Last Total Amount Approved by the BCC)
$ 75,000
(Including All Changes Prior To This Modification)
$ 0
$ 75.000
(Including This Change Order)
$ 0
Date of Last BCC Approval February 23, 2010 Agenda Item # 16D1
Percentage of the change over /under current contract amount 0 %
Formula: (Revised Amount / Last BCC approved amount) -1
CURRENT COMPLETION DATE (S): ORIGINAL: 02 -23 -2010 CURRENT: 06 -15 -2010
This change order will: ❑ Add a new Task for $ ❑ Increase Task Number by $
Other Will adjust maximum benefit amount and line item amount
Describe the change(s): To provide a contract extension until January 31, 2011. This revision will not change
the original total budgeted amount for this Community Development Block Grant (CDBG) project. A
revised work schedule has been submitted to the Housing & Human Services (HHS) department.
Specify the reasons for the change(s) r 1. Planned or Elective r 2. Unforeseen Conditioner 3. Quantity
Adjustments r' 4. Correction of Errors (Plans, Specifications or Scope of Work) r S. Value Added
r 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s).
Identify all negative impacts to the project if this change order were not processed: Project will not be completed.
This change was requested by: rlContractor /Consultant rl Owner rl Using Department r CDES
rDesign Professional rlRegulatory Agency (Specify) ® Other (Specify) City of Marco Island
CONTRACT SPECIALIST PARTICIPATION TIATIONS: r Yes No
This form is to be signed and dated
APPROVED BY: Sandra Marrero Date:
Project Manager
4 -01 -10
APPROED BY: Y �/ Date:
�'
REVIEWED BY: 4 :hr Date: C%
Contra pecialist
Packet Page -1433-
5/24/2011 Item 16.D.1.
CHANGE ORDER
CHANGE ORDER NO. 1 CONTRACT NO. CD 09 -03
BCC Date: 02 -23 -2010
Agenda Item: 16131
TO: City of Marco Island Sidewalk Project
50 Bald Eagle Drive Marco Island FL 34145
DATE: 04 -01 -10
PROJECT NAME: Sidewalk Project
PROJECT NO.: CD 09 -03/ B- 09 -UC -12 -0016
Under our AGREEMENT dated February, 23, 2010
You hereby are authorized and directed to make the following change(s) in accordance with terms and
conditions of the Agreement: To provide a contract extension until January 31, 2011. This revision will not
change the original total budgeted amount for this Community Development Block Grant (CDBG)
project. A revised work schedule has been submitted to the Housing & Human Services (HHS)
department.
FOR THE (Additive) (Deductive) Sum o£ One hundred thirteen thousand dollars ($75,000)
Original Agreement Amount
Sum of Previous Changes
This Change Order add or deduct
Present Agreement Amount
$ 75,000.00
$ 75,000.00
By amending 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. The adjustment, if any, to the Agreement shall constitute a full
and final settlement of any and all claims of the Contractor arising out of or related to the change
set forth herein, including claims for impact and delay costs.
Packet Page -1434-
5/24/2011 Item 16.D.1.
.-a%
Accepted: , 2010
SUBRECIPIENT: OWNER:
City of Marco Island BOARD OF COUNTY COMMISSIONERS
=,A, , FLORIDA
By: ZkZOL By: �--�
Steven T. Thompson, ity Manager Marcy Krumbine, partment Director
Collier County Housing & Human Services
GRANTS COORDINATOR
By:
Sandra Marrero
CONTRACT SPECIALIST
B /
Y�
,yn M. Wood
Packet Page -1435-