Agenda 07/26/2011 Item #10F7/26/2011 Item 10.F.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign an amendment to the 2010
Community Development Block Grant (CDBG) Subrecipient Agreement with the Community
Redevelopment Agency (CRA) Immokalee approved on October 26, 2010 (Item 16D3). This
amendment will correct a scrivener's error and revise the scope of services on the original
agreement to include travel costs.
OBJECTIVE: Acquire Board of County Commissioners' (BCC) approval of the amendment
between Collier County and the Community Redevelopment Agency (CRA) Immokalee for
changes that will include a correction of a scrivener's error on the agreement and the addition of
travel costs.
CONSIDERATIONS: On April 27, 2010, the Board adopted Resolution No. 2010 -85
approving the 2010 -2011 Action Plan (item 16D15) for the Community Development Block
Grant (CDBG), and authorized its submission to the U.S. Department of Housing and Urban
Development (HUD). A listing and description of proposed projects, the amount of funding for
each project, and the Subrecipient Agreement template for each type of grant were also included
in the Action Plan submission.
On August 6, 2010, HUD provided the FY 2010 -2011 entitlement funding letter and agreements
to the County. The Board of County Commissioners (BCC) accepted receipt of this entitlement
funding on September 14, 2010 (Item I6D12). On October 26. 2010 (Item 16D3) the Chairman
approved ten (10) Subrecipient Exhibit A's or Scope of Services. The entire CDBG agreement
template was approved previously on April 27, 2010 as part of the Action Plan submission and
not included in the October 26, 2010 agenda item.
The project which is currently being amended was one of the ten approved Scopes of Services.
This amendment to the agreement is necessary to correct an error on page two of the original
agreement where the funding amount was listed as $86.000 instead of $212,000 which is the
correct amount. This amendment is to also include all travel costs associated with start up of the
Immokalee Business Development Center (IBDC); which includes mileage, lodging, and meals
that was not included in the original agreement. This amendment does not change the funding
amount of $212,000 allocated to the CRA.
FISCAL IMPACT: None. No general funds are associated with this CDBG Subrecipient
Amendment.
GROWTH MANAGEMENT IMPACT: The CDBG project associated with this subrecipient
Amendment will help meet the goals, objectives and policies set forth in the Housing Element of
the Growth Management Plan.
LEGAL CONSIDERATIONS: Eligible costs will be reimbursed consistent with Board policy.
This item has been reviewed and approved by the County Attorney's Office and is legally
sufficient. This item requires a majority vote. -JBW
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7/26/2011 Item 10.F.
RECOMMENDATION: To approve and authorize the Chairman to sign an amendment to the
2010 Community Development Block Grant (CDBG) Subrecipient Agreement with the
Community Redevelopment Agency (CRA) lmmokalee.
Prepared by: Rosa Munoz, Grants Coordinator
Housing, Hunan and Veteran Services Department
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COLLIER COUNTY
Board of County Commissioners
Item Number: 10.17.
7/26/2011 Item 10.F.
Item Summary: Recommendation to approve and authorize the Chairman to sign an
amendment to the 2010 Community Development Block Grant (CDBG) Subrecipient Agreement
with the Community Redevelopment Agency (CRA) Immokalee approved on October 26, 2010
(Item 16D3). This amendment will correct a scrivener's error and revise the scope of services on
the original agreement to include travel costs.
Meeting Date: 7/26/2011
Prepared By
Name: MunozRosa
Title: Grants Coordinator.Housing, Human & Veteran Services
6/21/2011 12:00:34 PM
Submitted by
Title: Grants Coordinator,Housing, Human & Veteran Services
Name: MunozRosa
6/21/2011 12:00:36 PM
Approved By
Name: AlonsoHailey
Title: Administrative Assistant.Domestic Animal Services
Date: 6/21/2011 2:00:22 PM
Name: AckermanMaria
Date: 6/27/2011 9:58:29 AM
Name: KrumbineMarcv
Title: Director - Housing & Human Services. Housing. Human & Veteran Services
Date: 6/30/2011 10:58:03 AM
Name: CastorenaMargo
Date: 7/4/2011 3:03:58 PM
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7/26/2011 Item 10.F.
Name: WhiteJennifer
Title: Assistant County Attorney,County, Attorney
Date: 7/5/2011 8:07:35 AM
Name: FoordMarlene
Title: Grant Development & Mgmt Coordinator, Grants
Date: 7 /5/2011 8:53:21 AM
Name: RamseyMarla
Title: Administrator, Public Services
Date: 7/5/2011 4:37:18 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 7/15/2011 3:55:58 PM
Name: FinnEd
Date: 7 /18/2011 1:07:31 PM
Name: Pricel-en
Title: Administrator - Administrative Services.
Date: 7/19/2011 12:13:28 PM
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7/26/2011 Item 10.F.
AGREEMENT BETWEEN COLLIER COUNTY
AND
COMMUNITY REDEVELOPMENT AGENCY (CRA) IMMOKALEE
.JOB CREATION — BUSINESS INCUBATOR PROJECT
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # B -1 O -UC -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 "Collier County Community
Redevelopment Agency (CRA) - lmmokalee" a public entity created by Collier County pursuant to
Chapter 163, Florida Statutes, having its principal office at 310 Alachua Street, lmmokalee, FL 34142,
and its Federal Tax Identification number as 59- 6000558 & DUNS #, 076997790.
( "SUBRECIPIENT ").
WHEREAS, the COUNTY 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 1
of the Housing and Community Development Act of 1974 (as amended): and
WHEREAS, pursuant to the aforesaid agreement. COUNTY is undertaking certain activities to
primarily benefit low and moderate income persons and neighborhoods and to alternatively use
Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent
community need: to improve the quality of life in Collier Count} 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 nccds; 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 2010 -2011 for the CDBG
Program with Resolution 2010 -85 on April 27, 2010 - Agenda Item 16D15: 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 2010 -2011 for the CDBG Program and the use of' the CDBG funds for the
activities identified in the Plan: and
WHEREAS. the COUNTY and the SUBRECIPIENT desire to provide the activities specified
in Fxhibit -'A" of this Agreement. in accord with the approved Consolidated Plan:. and
WHEREAS. the COLIN75' desires to cngagc the SUBRECIPIENT to implement such
underakinss ofthe CDBG I'rogran as a valid and worthwhile CounIN purpose.
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NOW, THEREFORE. in consideration of the mutual promises and covenants herein
contained. it is agreed b% the Parties as follows:
I
(A) "COUNTY" means Collier County. and where applicable, it's authorized
representative(s).
(B) "CDBG" means the Communitv Development Block Grant Program.
(C) "HHV'S'- means Collier Counts Department of Housing. Human and Veteran Services.
(D) "HHVS's Approval means the written approval of the Department of Housing. Human
and Veteran Services or designee.
(E) "SUBRECIPIENT " means the Collier County Communin Redevelopment Agenev
(CRA) Immokalec.
(F) `HUD" means the U.S. Department of I lousing and Urban Development or a person
authorized to act on its behalf.
(G) "Lori and moderate income persons means the definition set bN IIUD.
(H) "Project' means the work to be performed as set forth in Exhibit -A."
11. SCOPE OF SERVICES
The SUBRECIPIENT shall. in a satisfactory and proper manner. as determined by HHVS.
perform the tasks necessar to conduct the program outlined in Exhibit "A'"
M. TIME OF PERFORMANCE
The effective date of the Agreement between HUD and Collier County shall be Juh 1. 2070.
The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this
Agreement. Subrecipients are authorized to incur eligible expenses after that date and prior to
execution of this Agreement suhiect to Ill -IVS prior written approval. In anN event. all services
required hereunder shall be completed by the SUBRECIPIENT prior to June l:. 2012. Am funds not
obligated by the expiration date of this Agreement shall automatically revert to the COUNTY.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be reimbursed by the COI?NTY using HUD funding for allowable
costs. determined by COUNTY. in an amount not to exceed EIGHTY SIX THOUSAND DOLLARS
AND NO CENTS (11. S. 586.000.00) 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 o 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 dandled 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 11HVS 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 § 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 3301 E Tamiami "frail, 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.
i'I. 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 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 (CDBG) funds.
3. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
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3. Title VI of the 1984 Civil Rights Act. 42 USC 5 2000d. et. seq.
4. 24 CFR 107 - The reputations 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 13086 - which establishes hiring goals for minorities and women on
projects assisted with federal funds.
6. Title V11 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.
S. 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, 39 USC 776(b)(5).
11. Uniform Relocation Assistance and Real Propert.% 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 federal]) assisted projects as mandated by the
Davis -Bacon Act. HUD Form 4010 must be included in all construction contracts
funded b} CD13G. (.Sce 42 USC 376a and 24 CFR 135.1 l (c)).
13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
14. Executive Order 11635 and 11.5. 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 Flousin, Amendments Act of 1988.
16. OMB Circular A -133 - concernine annual audits.
17. OMB Circular A -12'_ - which identifies cost principles.
18. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education. Hospitals and Other Non -Profit Organizations.
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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, et seq. and
regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws
referenced herein shall constitute a breach of this agreement, and the County shall have
the discretion to unilaterally terminate this agreement immediately.
21. Chapter 112, Florida Statutes.
22. Prohibition Of Gifts To County Employees - No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of
value to any County employee, as set forth in Chapter 112. Part 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 - malting
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 part
fail to submit to mediation as required hereunder. the other party may obtain a court
order requiring mediation under L 44.102, F'la. Stat.
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D. 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 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
ofthe HHVS or its designee.
E. AMENDMENT'S
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 prgject. or exceed the amount funded by the Count\,. as stated herein. Anc
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
7 o 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 attomeys' 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 mac be available to an indemnified party or person described in this
paragraph. This section does not pertain to anv 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?8- F7oridn.Sieuw ra.
G. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as
to funding sourec. The SUBRECIPIENT will include a reference to the financial support herein
provided by, HHVS in all publications and publicity. In addition. the SUBRECIPIENT will make a
good faith effort to reco_rnize HHVS' suppon for all activities mad: possible with funds made
available under this *reemem. The SUBRECIPIENT will mount a temporary construction sign for
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projects funded by HHVS. 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.
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 HHVS or the COUNTY. In the event of termination. the SUBRECIPIENT shall
not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any
breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the
SUBRECIPIENT for set -off purposes until such time as the exact amount of' damages due to the
COUNTY from the SUBRECIPIENT is determined.
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 85.4 1.)
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 COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or tenninated. 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,
J. SUBRECIPIENT LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit "B" shall not relieve the
SUBRECIPIENT of its liability and obligation under this subsection or under anN subsection of this
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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 he verbally notified of the deficiency and shall have an additional five (5)
calendar days to submit a corrected Certificate to the Countv.
If the SUBRECIPIENT fails to submit the required insurance documents in the manner
prescribed in these requirements within twent}° (30) 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 he acting as an independent agent and that its
employees are not Collier CountN 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.
V11. ADMINISTRATIVE REOUI REM ENTS
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 RECORDhEEP1NG
The SIBRECIPIENT 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 COUNTY bv° the St?BRECIPIENT at
any time upon request by the COUNT Y or HHVS. Upon completion of all work
contemplated under this A greement copies of all documents and records relating to this
Agreement shall he surrendered to ITMIS if requested. In am event the
SUBRECIPIENT shall keep all documents and records for six (6) years after expiration
of this A_,reement.
'Ihe SUBRECIPIENT shall submit reports as required to assist the COUNTY in the
preparation of'HUD Labor Relations. VIBE /MBE. Equal OpportunitN Employment. and
I IUD Section 3 reports. pursuant to 24 CFR 570.503.507. and 92 (3)(vi).
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4. The SUBRECIPIENT shall submit detailed monthly 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 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 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
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 EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate reports
required by this Agreement. and on the resolution of monitoring or audit findings identified pursuant to
this A(Treement.
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 HIIVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports
required. The SUBRECIPIENT shall allow HHVS or I-IUD to monitor the SUBRECIPIENT on site.
Such site visits may be scheduled or unscheduled as detenmined by HHVS or I -JUD.
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D. ADDITIONAL HOUSING. HUMAN AND 'VETERAN SERVICES COUNTS' AND
HUD REQUIREMENTS
The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available for specified activities.
E. WRITTEN APPROVALS
(1) All subcontracts and agreements proposed to be entered into by the
SUBRECIPIENT pursuant to this Agreement:
(2) All capital equipment expenditures of 51.000 or more:
(3) All out -of -town travel (travel shall be reimbursed in accordance with Chapter
1 12. Ficr. Stat. 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 he made by purchase
order or by a written contract and in conformity with the procedures prescribed by the Federal
Management Circulars A -] 10. A- 132. 24 CFR Pan 84_ and 24 CFR Pan 85.
G. AUDITS AND INSPECTIONS
Non - profit organizations that expend 5500.000 or more annual], in federal
awards shall have a single or program- specific audit conducted for that year in
accordance with OMB A -153. Non - profit organizations expending federal
awards of 5500.000 or more under onlN one federal program may elect to have a
program - specific audit performed in accordance with OMB A -133.
�. Non -profit organizations that expend less than 5500 -000 annually in federal
awards shall be exempt from an audit conducted in accordance with OMB A-
133. although their records must he available for review (e.g.. inspections.
evaluations). These agencies are required b% HHVS to submit "Reduced Scope"
audits (c... 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 -13; app]} or when the SUBRECIPIENT
elects to comp)% with OMB A -1 ;3. an audit shall be conducted d fo each fiscal
vear for which federal awards attrihutahlc to this contract have been received by
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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 -I 33 do not apply or are not elected. the SUBRL-"CIPIENT 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 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 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 b- the Count. 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 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 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 -1 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 COUNTS'.
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
SUBRECIPIENTrequests and is authorized h} 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 Oncludin_ 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.
2010 CDBG WDl o -o6t
Immokalee CRA
Job Creation - Business Incubator Page I I of 28
Packet Page -796-
7/26/2011 Item 10.F.
VIII. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be
subjected to. discrimination under any activity carried out by the performance of this Agreement on the
basis of race, color, 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- oxvned 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 b% Collier CountN in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty -one percent (51 %o ofthe 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 thin ,\ percent ('300/0') of the beneficiaries
directh assisted under this Agreement must reside in unincorporated Collier County or in
municipalities participating in the County's Llrban County Qualification Program. The project shall
assist beneficiaries as defined above for the time period designated in Lxhibit -'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 Pro ject. has ane personal financial interest. direct or indirect, in
the target areas or any parcels therein. Miich would conflict in any manner or def_ree with the
performance of this Agreement and that no person having am conflict of interest shall he employed by
or subcontracted be the SIJBRECIPIEN7. Any possible conflict of interest on the part of the
SUBRECIPIENT or its emplovees shall be disclosed in writing to IIHVS provided. however. that this
paragraph shall be interpreted in such a manner so as not to unreasonable impede the statuton
requirement that maximum opportunin be provided for employment of and participation os lova and
moderate - income residents of the project target area.
2010 CDBG WD I 0 -061
Immokalee. CRIB
Job Creation- Business Incubator Page 12 of 28
Packet Page -797-
7/26/2011 Item 10.F.
E. PUBLIC ENTITY CRIMES
As provided in § 287.131 Fla. Slat 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. Stat.
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:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned. to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan. the entering
into of any cooperative agreement, and the extension. continuation, renewal.
amendment. or modification of any Federal contract, grant, loan. or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
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 agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
H. REAL, PROPERTY
Any real property acquired b} the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the
provisions of CDBG including.. but not limited to. the provisions on use and disposition of propert) .
-- -010 CDRG(CD I0 -06)
Immokalee CRA
Job Creation - Business Incubator Pa,-,e 13 of 28
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7/26/2011 Item 10. F.
Any real property within the SUBRECIPIENT control. which is acquired or improved in whole or part
with CDBG funds in excess of S25.000. 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_
L Clean Air Act. 41 USC 7401. et seq.
2. Federal Water Pollution Control Act. .13 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 am 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 PRESERV.- %1'10N
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.
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 SUBRF:CIPIEN"I shall transfer to the COUNTY anx
CDBG funds on hand at the time of expiration. anc accounts receivable attributable to the use of
CDBG funds. and any non- expendable personal property that was purchased with CDBG funds. Am'
real property under SUBRECIPIENT control will be covered hr the regulations 24 CFR
570.503(B)(8).
2010 CDBG (CD 10-06)
Immokalce CRA
Joh Creation- Basinesc Incuhator Page 14 of 28
Packet Page -799-
7/26/2011 Item 10.F.
X11. SEVERARILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shad] not affect the validity or enforceability of any other section or part thereof.
XI11. 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.
-- 2010 CDBG (CD 10-06)
Immokalec CRA
Job Creation- Business Incubator Wage I J of 2R
Packet Page -800-
7/26/2011 Item 10.F.
IN WITNESS WHEREOF. the Subrecipient and the Comity. have each. respectively, by an
authorized person or agent. hereunder set their hands and seals on this _ day of
!fit he-r— . 20�.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK. CLERK COLLIER..CQUNTY. FLORIDA
'rry
r
�'fSE�A�LL''f
Firs��t�Wi�tness�'
Type/print witness name
Second Ritness
tom- '2' jc- -c-,C�
lar-
Type /print witness name l
B\:
FRED M . COYL.E. CHAIRMAN
Collier County Community Redevelopment Agent
(CRA) Immokalee
Bv:
Subrecipient Signature
Pennv`S. Phillippi. Executive Director
Type print Subrecipient name and title
Approved as to form and legal sufficiency:
�I
Colleen M. Greene
assistant Counn AttorncN
2010 CDRG rCDI0 -06)
hnmokal -C CRA
.lob Creation - Business lnouhamr Pa2C 1 b OI 2-S
Packet Page -801-
7/26/2011 Item 101.
EXHIBIT "A"
SCOPE OF SERVICES
COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY (CRA) IMMOKALEE
JOB CREATION — BUSINESS INCUBATOR PROJECT
A. PROJECT SCOPE:
On April 27`1', 2010 the BCC approved the HUD Action Plan allocating funding for this
initiative. Community Development Block Grant (CDBG) funding will be used for the start up
and two year operational costs for the Immokalee Business Development Center (IBDC). This
follows approval of the Interlocal Agreement for the Immokalee Business Development Center
between Collier County Airport Authority and the Collier County Community Redevelopment
Agency (CRA) at the BCC meeting on March 9. 2010. The IBDC is a joint project between
the CRA and the Collier County Airport Authority Board (CCAA) to use existing buildings at
the Immokalee Airport (IMM) b7 establishing a business development center.
Funds will be used to pay 100% salary and benefits in accordance with BCC board policy for
the manager of IBDC and an administrative assistant who are Collier County employees.
Funds will also be used for normal start-up expenses in the following categories: office
equipment and supplies. office operating expenses_ office furnishings, professional and
marketing fees or expenses. Operational and maintenance and /or lease charges associated with
vehicles for the director or administrative assistant will be covered.
In the Action Plan for this program the intended outcome of this funding is to create a
minimum of 5 low /moderate positions and the above noted funds are utilized to reach this goal.
It is important to clarify the 5 positions are an outcome of the businesses occupying the IBDC.
this funding is helping to establish. When the CRA establishes the firms. they will then hire
people to work for them in various capacities.
The project activities will meet the U.S. Department of Housing and Urban Development's
national objective to improve economic opportunities for low income persons.
2010 CDBG WD 10-06)
Immokalee CRA
.lob Crearion- Business Incubator Page 17 of 28
Packet Page -802 -
M
C.
D.
7/26/2011 Item 10.F.
BUDGET
Collier County Housing. Human and Veteran Services is providing Two Hundred and Twelve
Thousand Dollars ($212.000.00) in CDBG funding for the project scope described above.
Line Item Description CDBG Funds
Start Up and Operation of
Immokalee Business Development
Center $ 212.000.00
TOTAL 5212,000.00
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.
PRO.IECT WORK PLAN
The following Project work Plan is in effect for program monitoring requirements only and as
such, is not to be used as a payment schedule.
Date Start
Date End
Work Plan
07/2(110
12/2010
Hire Administrative Assistant
0712010
03 201 ]
Establish office functions
0712010
04/2011
i Hire Manager
07/2010
06!2012
Conduct Marketing .Activities
07(2010
1 06'2012
I Education -Nevy Business,1ritrepreneurs
07!201(1
! 06/201'
1 Secure Tenants
12;2010
1 06'2012
Demonstrate creation of 5' jobs
PAYMENT SCHEDULE
The following table details the project deliverables and payment schedule.
Deliverable Pavment Schedule
Start Up and Operation of lmmokalee I Ipon monthly invoicing of allowable
Business I.)evelopment Center expenses up to $190.800
> LM1 Jobs filled Upon invoice ofallowable expenses and
verification of', filled positions release final
payment of up to K!.200
2010 CDBG (CD I (1 -061
Immokalec CRA
Joh Creation- Husinees Incubato-
Pate 18 of 28
Packet Page -803-
EXHIBIT "A -l"
CHANGE BY LETTER
Sir- COLLIER COUNTY GOVERNMENT
iuman and veteran hervtces
Date
Contact Name
Name of Firm
Address
RE: Zero Dollar Contract Change Notification
Re: Contract # and Title of Contract
Project #
Purchase Order #
Dear Contact Name:
7/26/2011 Item 101.
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 (50.00) 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 Count} is not relieving vour 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)
Draw against Allowance (specify allowance item and identifi, 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 Boothb). Clerks Grants Department
2010 CDBG (CD10 -06)
Immokalec C Rfs
Job Creation- Business hicubala PaL)e 19 of 28
Packet Page -804-
7/26/2011 Item 10.F.
EXHIBIT "B"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier Count. c/o Housing. Human and Veteran
Services Department. 3301 E. Tamiami Trail. Bidg T1 Suite 211. Naples, Florida :4112. Certificate(s)
of Insurance evidencing insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440. Florida %/ tiles.
2. Public Liability Insurance on a comprehensive basis in an amount no less than $300.000
per occurrence for combined Bodily lujury 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 S,rAGF. (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 legalh obligated to pay as damages from 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.
CONS "FRUCHON PHASE (if APPLICABLL)
In addition to the insurance required in 1 — 4 above, the SUBRECIPEENT shall provide or
cause its Subcontractors to provide original policies indicating the following types of insurance
coverage prior to any construction
�. Completed Value Builders 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 Counts and the SUBRECIPIENT'.
6. Flood Insurance shall be provided foi 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.
�)PF.lZA7lUL 1AQA�AGE,44 =T'T PH,4St (li - +I'P:JC :4BL:i
2010 CDW, (CDl0 -061
immokalec CRh
Jnh Creation- BUSIDeSl Incuhator Page 20 of 28
Packet Page -805-
7/26/2011 Item 10.F.
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 Liabilit}° coverage in an amount not less than $1,000,000 per occurrence for
combined Bodily Injury and Property damage. Collier County must be shown as an additional insured
with respect to this coverage.
S. Property Insurance coverage on an `All Risk" basis in an amount not less than one
hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss
payee with respect to this coverage 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.
2010 CDBG WD10 -06)
Immoka)ec CRA
Job Creation- Business Incubator Page 21 of 28
Packet Page -806-
7/26/2011 Item 10.F.
EXHIBIT "C"
ADDITIONAL CDBG GRANT REQUIREMENTS
Enter additional requirements here, IF NONE EXIST, state "There are no additional grant
requirements."
2010 CU136 (CD 10-06)
Immokalee CRA
.loh Creation- business Incubator Page 22 of 28
Packet Page -807-
7/26/2011 Item 10.F.
EXHIBIT "D"
REQUIRED SUBMITTALS
D -1 Request for Payment
D -la Release and Affidavit Form
D -2 CDBG Monthly Progress Report
2010 CDBG (CD 10 -06)
Immokalee CRA
Job Creation- Business Incubator Page 2: of 28
Packet Page -808-
7/26/2011 Item 10.F.
SCHEDULE "D -1"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION 1: RFOUEST FOR PAYMENT
Subrecipient Name: Collier Count\ Communitv Redevelopment Aeenev- lmmokalee (CRA)
Subrecipient Address: 310 Alachua Street. Immokalee FL ,414'
Project Name: Job Creation - Business Incubator Project
Project No: CDl (1 -06 Payment Request 4
Dollar Amount Requested:
SECTION II: STATUS OF FUNDS
1. Grant Amount .Awarded
2. Sum ofPast 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
?. Amount of Todav"s Request
6. Current Grant Balance (initial Grant Amount Awarded
Less Sum of all requests)
S
S
S
S
S
S
212.000.00
1 certify that this request for payment has been drawn in accordance with the teens and
conditions of the Agreement between the COUNTY and us. as the SUBRE.CIPIENT. i also certify that
the amount of the Request for Payment is not in excess of current needs.
Sianature
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
2010 CURE (CUI 0-06)
Immokalec CRA
lob Creation- Business Incubator
Date
(approval authorin under 514.999)
(approval required $15.000 and above)
Pa-oc 24 of 28
Packet Page -809-
7/26/2011 Item 10.F.
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.
SUBRECIPIFNT
Witness:
BY:
Print name and title
STATE OF
COUNTY OF
BY:
ITS:
DATE:
President
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 . Fle /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)
2010 CDBG (CD10 -06)
Immokalee CRA
Job Creation- Business Incubator
('Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
Page 25 of' 29
Packet Page -810-
7/26/2011 Item 105.
SCHEDULE "D -2"
CDBG MONTHLY PROGRESS REPORT
Complete./orm.for past month and submit to Housing, Human Veteran Service's staff br the
I ff, of the following month.
Status Report for Month of
Date:
Project Name Economic Development .lob Creation - Business Incubator Project
Project Number CD10- 06 Activitv Number 379
Subrecipient: Collier Count% Community Redevelopment Aeenev- ]mmokalee (CRAI
Contact Person Penny S. Phillippi. Executive Director
Telephone: 239 -252 -2310 Fax: _39 -252 -3970
E -mail: Penm Phi liiupiwCollieram.nci
1. Activity Status /Milestones (describe an} action taken. relating to this project. during
the past month(:
2. What events /actions are scheduled for the next hvo 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 applicable):
2010 CDBG ICD10 -06)
(mmokalee CRA
Joh Creation - Business lncuhmm Pafle 26 of 28
Packet Page -811-
7/26/2011 Item 10.F.
Name of Contractor or
Subcontractor. Address & Phone
Number
Amount of
Contract
Contractor
Federal ID
Number
Race
(see definitions
on following
page)
Ethnicity
(see definitions
on following
page)
(31- i0 "0)
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].
This project assisted
number in box ".i" below.
BOX 1
Total Number of
Households or
Persons Assisted
FEMALE HEAD OF HOUSEHOLD
Female Head of Households REGARDLESS of income. Enter this
BOX 2 BOX 3 I BOX 4
Extremely
I Very Low Income
Low Income
1,ow Income (51 -80 "o)
(0 -3011,0
(31- i0 "0)
-'° 2010 CDBG (CD 10-06)
Immokalee CRA
.lob Creation- Business Incubator Page 27 of 2b
Packet Page -812-
BOX 5
Female Head of
Household
7/26/2011 Item 10.F.
Subrecipient's must indicate total beneficiaries for Race AND EthnicitN
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 ol'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 Ethnicitc Beneficiaries
7— Race 1 # Total ; # Hispanic
White --_
Black or African American
Asian — — —
American Indian or Alaskan Native
I 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
2010 CDBG (CDIO -boi
Immokalee CRA
ioh Creation- Business Incubator Page '-S of 2�,
Packet Page -813-
7/26/2011 Item 101.
Amendment No. 1 to the Agreement
Between Collier County and
Collier County Community Redevelopment Agency (CRA) Immokalee
Job Creation — Business Incubator Project
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # B- 10 -UC -12 -0016
THIS AMENDMENT, dated , 2011 to the above - referenced Agreement shall
be by and between the parties to the original Agreement, Collier County Community Redevelopment Agency
(CRA) Immokalee" a public entity created by Collier County pursuant to Chapter 163, Florida Statutes, having its
principal office at 310 Alachua Street, Immokalee, FL 34142, and its Federal Tax Identification number as 59-
6000558 & DUNS #, 076997790, ( "SUBRECIPIENT ").
RE: HUD Grant - B- 10 -UC -12 -0016; IDIS #379, CDBG Job Creation — Business Incubator Project, Catalog of
Federal Domestic Assistance #14.218
The following change to the above referenced Agreement has been mutually agreed to by the Subrecipient and the
County. The additions to the existing language in the Agreement are shown herein by underlining; deletions from
the Agreement are shown by stAkethroughs.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs.
determined by COUNTY, in an amount not to exceed EIGHTY SIX TWO HUNDRED AND TWELVE
THOUSAND DOLLARS AND NO CENTS (U. S. $86 212,000.00) for the services described in Exhibit "A."
EXHIBIT "A"
SCOPE OF SERVICES
COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY (CRA) IMMOKALEE
JOB CREATION — BUSINESS INCUBATOR PROJECT
Funds will be used to pay 100% salary, end benefits, and travel costs in accordance with BCC board policy
for the manager of IBDC and an administrative assistant who are Collier County employees. Funds will
also be used for normal start-up expenses in the following categories: office equipment and supplies, office
operating expenses, office furnishings, professional and marketing fees or expenses. All travel costs
associated with start up of the IBDC• mileage lodging meals etc. Operational and maintenance and/or
lease charges associated with vehicles for the director or administrative assistant will be covered.
* r :
.ndment No. I CD10 -06
enmuniry Redevelopment Agency (CRA) Immokalee
Job Creation — Business Incubator Project
Page I
Packet Page -814-
7/26/2011 Item 10. F. !
The Subrecipient agrees that this amends the original Agreement. All other terms and conditions of the Agreement
shall remain in force.
IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY have signed Amendment No. I to the
Agreement as of the date fast written above.
ATTEST:
Dwight E. Brock, Clerk of Courts
By: _
Deputy Clerk
Dated:
(SEAL)
First Witness
Type /print witness name
Second Witness
Type /print witness name
Approved as to form and legal sufficiency:
Jennifer B. White ^
Assistant County Attorney v
Amendment No 1 CDt0.06
Community Redevelopment Agency (CtA) Immokalee
Job Creation — Business Incubator Pmjeu
Page 2
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: --
FRED W. COYLE, CHAIRMAN
Collier County Community Redevelopment
Agency (CRA) - Immokalee
By
Subrecipient Signature
Jim Colctta. Chairman
Type/print Subrecipient name and title
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