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Agenda 09/14/2010 Item #16D 7 Agenda Item No. 1607 September 14, 2010 Page 1 of 109 EXECUTIVES~RY Recommendation to approve and authorize the Chairman to sign four (4) Disaster Recovery Initiative sub recipient grant agreements to provide funding for specific stormwater and hurricane hardening projects previously approved by the Board of County Commissioners. OBJECTIVE: To approve and authorize the Chairman to sign four (4) Disaster Recovery Initiative subrecipient grant agreements to provide funding for specific stormwater and hurricane hardening projects previously approved by the Board of County Commissioners. CONSIDERATIONS: On February 13,2009 and August 14,2009, disaster relief funding was made available to Florida by the U.S. Department of Housing and Urban Development, under Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.c. 5121 et. seq.) for federally declared natural disasters that occurred during 2008. On November 24,2009, the U.S. Department of Housing and Urban Development approved the Florida Department of Community Affairs' Action Plan of the use of 2008 Disaster Recovery Funds. The Action Plan allocated $9,963,208 in funding to Collier County. On January 26, 2010, agenda item 16D2, the Board approved the selected projects and submission of the final grant application to the Florida Department of Community Affairs. Subsequently, the Board approved grant agreement #1O-DB-D4-09-21-01-K09 on May 25,2010, agenda item 16DlO. The agreement established five (5) projects to address the needs of the County in response to the effects of the 2008 hurricane season. At this time four (4) of the five (5) projects require execution of subrecipient agreements to enable project commencement. The effective date of the subrecipient agreements will be June 22, 2010; this date coincides with the execution date of the Disaster Recovery Initiative Grant Agreement. Housing, Human and Veteran Services anticipates a reallocation of funds for the fifth project and the agreement for that project will be presented at a later date. Brief descriptions of the projects defined in the agreement and presented in the four (4) subrecipient agreements are as follows: Sub recipient Project Funding Amount Goodlette Arms LLC Hurricane hardening $1,197,500 Immokalee CRA Stormwater improvements $3,533,124 Bayshore Gateway Triangle CRA Stormwater improvements $2,709,150 School District of Collier County Hurricane hardening $1,635,000 FISCAL IMP ACT: Approval of these agreements will provide a grant in the amount of $1,197,500 to the Goodlette Arms for hurricane hardening, $3,533,124 to the Immokalee CRA for stormwater improvements, $2,709,150 to the Bayshore Gateway Triangle CRA for stormwater improvements and $1,635,000 to the School District of Collier County for hurricane hardening. No general funds are associated with project. A budget was established and approved on May 25,2010, agenda item 16DI0. Aoenda Item No. 1607 ~September 14, 2010 Page 2 of 109 GROWTH MANAGEMENT IMP ACT: The Disaster Recovery Initiative is consistent with Goals and Objectives of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office. It is legally sufficient for Board action. - JBW STAFF RECOMMENDATION: To approve and authorize the Chairman to sign four (4) Disaster Recovery Initiative subrecipient grant agreements to provide funding for specific stormwater and hurricane hardening projects previously approved by the Board of County Commissioners as detailed below: Goodlette Arms LLC Immokalee CRA Bayshore Gateway Triangle CRA School District of Collier County $1,197,500 $3,533,124 $2,709,150 $1,635,000 PREPARED BY: Lisa Oien, Grants Coordinator Housing, Human and Veteran Services Agenda Item No. 1607 September 14,2010 Page 3 of 109 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D7 Recommendation to approve and authorize the Chairman to sign four (4) Disaster Recovery Initiative subrecipient grant agreements to provide funding for specific stormwater and hurricane hardening projects previously approved by the Board of County Commissioners. 9/14/20109:00:00 AM Meeting Date: Prepared By Lisa Oien Grants Support Specialist Date Public Services Division Human Services 8/25/20105:27:35 PM Approved By Marcy Krumbine Director - Housing & Human Services Date Public Services Division Human Services 8/27/20109:16 AM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney 8/27/201011:31 AM Approved By Marla Ramsey Administrator - Public Services Date Public Services Division Public Services Division 8/30/20104:31 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 8/30/20104:55 PM Approved By Marlene J. Foord Grant Development & Mgmt Coordinator Date Administrative Services Division Administrative Services Division 8/30/20104:55 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 8/31/20109:38 AM Approved By Jeff Klatzkow County Attorney Date 9/2/2010 1: 06 PM Approved By Sherry Pryor Office of Management & Budget Management! Budget Analyst, Senior Date Office of Management & Budget 9/3/201011:25 AM Approved By Mark Isackson Office of Management & Budget Agenda Item No. 1607 September 14, 2010 Page 4 of 109 Management/Budget Analyst, Senior Date Office of Management & Budget 9/3/20105:15 PM Agenda Item No. 1607 September 14, 2010 Page 5 of 109 AGREEMENT BETWEEN COLLIER COUNTY AND Goodlette Arms, LLC Hurricane Hardening Catalog of Federal Domestic Assistance # 14.228 Emergency Ru1e 9BER09-2 CDBG/DRI Contract # 1O-DB-D4-09-21-01-K09 THIS AGREEMENT is made on June 22, 2010 and entered into by and between Collier County, a political subdivision of the State of Florida, ("COUNTY"), and "Goodlette Arms, LLC:', a limited liability company existing under the laws of the State of Florida, having its principal office at, 500 Skokie Blvd, Suite 600 Northbrook, IL 60062, whose soul member is Full Circle Communities, Inc., a private non-profit with 501<0(3) status and its Federal Tax: Identification number as 59-3735130 WHEREAS, the COUNTY has entered into an agreement with the Florida Department of Community Affairs, (DCA) for a' grant for the execution and implementation of a Community Development Block GrantlDisaster Recovery Initiative Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended);" and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the 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; 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 Board of County Commissioners of Collier County approved the Collier County Agreement with the Florida Department of Community Affairs for $9,963,208 in Community Development Block Grant Disaster Recovery Initiative (DRI), funds relating to the 2008 Hurricane Season on May 25,2010. 2008 CDBGI DRI Project #2008-01 Goodlette Arms, LLC Hurricane Hardening Page 1 of27 Agenda Item No. 1607 September 14,2010 Page 6 of 109 WHEREAS. the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit A of this Agreement, in accord with the approved Consolidated Plan; and WHEREAS. the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the CDBO 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) "CDBG" means the Community Development Block Grant Program, 24 CFR part 570. (C) "HHVS" means Collier County Department of Housing, Human and Veteran Services. (0) "HHVS's Approval" means the written approval of the Department of Housing Human and Veteran Services or designee. . (E) "SUBRECIPIENT" means Goodlette Arms. LLC. (F) "HUD" means the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (0) "Low and moderate income persons" means the definition set by HUD. CH) "Project" means the work to be performed as set forth in Exhibit "A." (I) "DRI" means Disaster Recovery Initiative. (J) "DCA" means the Florida Department of Community Affairs. II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHVS, perform the tasks necessary to conduct the program outlined in Exhibit "A." III. TIME OF PERFORMANCE June 22, 2010 is the effective date of DCA Agreement #10-DB-D4-09-2101-K09 with Collier. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of DCA Agreement # 1 0- D B- D4-09-21 0 l-K09. Subrecipients are authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to HHVS prior written approval. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior date to June 21, 2012. Any 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 based on valid pay requests by the COUNTY using CDBGIDRI funding for allowable costs, determined by COUNTY, in an amount not to exceed One Million One Hundred Ninety Seven Thousand Five Hundred Dollars ($1,197,500) for the services described in Exhibit" A." 2008 CDBGI DRl Project #2008-01 Goodlctte Arms. LLC Hurricane Hardening Page 2of27 Agenda Item No. 1607 September 14. 2010 Page 7 of 109 All improvements specified in Exhibit IIAII 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 SUB RECIPIENT shall enter into contract for improvements with the lowest responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work progresses. 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 atits office, presently located at 3301 E. Tamiami Trail, Building H, Suite 211, Naples, Florida 34112, and to the SUB RECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. GENERAL CONDITIONS A. IMPLEMENT A nON 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 SUB RECIPIENT 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. REGULA nONS AND LA WS 2008 CDBG/ DR! Project #2008-01 Goodlette Arms, LLC Hurricane Hardening Page 3 of 27 Agenda Item No. 1607 September 14, 2010 Page 8 of 109 The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations and orders of the State, local and Federal governments, including, but not limited to: I. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Title VI of the 1984 Civil Rights Act, 42 USC ~ 2000d, et. 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 use ~ 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 use 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 13S.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. 2008 COBGI DR! Project #2008-01 Goodlette Arms, LLC Hurricane Hardening Page 4of27 Agenda Item No. 1607 September 14, 2010 Page 9 of 109 16. OMS Circular A-I33 - concerning annual audits. 17.0MB Circular A-122 - which identifies cost principles. 18. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Educationt Hospitals and Other Non-Profit Organizations. 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 agreemen~ 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 CO UNTY' 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 2008 CDBGI DRl Project #2008-01 Goodlette Arms, LLC Hurricane Hardening Page 5 of27 Agenda Item No. 1607 September 14, 2010 Page 10 of 109 and by COUNTY'S staff person who would make the presentation of any settlement reache~ a~ mediatio~ to COUNTY'S board for approval. Should either party fail to submit to medIation as required hereunder, the other party may obtain a court order requiring mediation under ~ 44.102, Fla. Stat. 26. Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CPR 135 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 toHHVS for its review and approval, which will specifically include a determination of compliance with th~ 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 provided by the COUNTY without prior written approval of the HHVS or its designee. E. AMENDMENTS This Agreement, and any exhibit or attachment, may be amended only by written agreement executed by the governing boards of both parties, except that County representative(s) may approve adjustments between line item amounts, scope clarifications, or an extension of time and schedule that do not change the 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, Florida Statutes. 2008 CDBG/ DR! Project #2008.0 I Goodlette Arms, LLC Hurricane Hardening Page 6 of27 Aoenda Item No. 1607 ~September 14, 2010 Page 11 of 109 G. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by HHVS in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HHVS' support for all activities made possible with funds made available under this Agreement. The SUB RECIPIENT will mount a temporary construction sign for 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. H. TERMINA nON In event of termination for any of the reasons identified in sub-sections 1-3 as follows, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUB RECIPIENT with funds under this Agreement shall be returned to HHVSor 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 detennined. 1. TERMINA nON 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. TERMINA nON FOR CONVENIENCE At any time during the terrn of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. (See 24 CFR 85.44.) 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. 2008 CDBOI DR! Project #2008-01 Goodlette Arms, LLC Hurricane Hardening Page 70f27 Agenda Item No. 16D7 September 14, 2010 Page 12 of 109 1. INSURANCE SUB RECIPIENT 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 any subsection of this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Commissioners' approval. If the Insurance certificate is received within the specified period, but not in the manner prescribed in these requirements, the SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County. If the SUBRECIPIENT fails to submitthe 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 SUB RECIPIENT 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 REOUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non- Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENT A nON AND RECORDKEEPING 1. 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 COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Upon completion of all work contemplated 2008 CDBOI DRI Project #2008-01 Ooodlette Arms, LLC Hurricane Hardening Page 8 of27 Agenda Item No. 1607 September 14, 2010 Page 13 of 1 09 under this Agreement copies of all documents arid records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records for six (6) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBEIMBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502,507, and 92 (3)(vi). 4. The SUBRECIPIENT shall submit detailed 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 COBO 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 "0", II Schedule 0-2." 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 COBO funded project may result in the delay of processing payment requests for ongoing activities or in the forfeiture of future CDBO 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 HUO Income Guidelines. 9. The SUBRECIPIENT further agrees that HHVS shall be the final arbiter on the SUB RECIPIENT's compliance with the above. C. REPORTS. AUDITS. AND EVALUATIONS Payment 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. 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 SUB RECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion 2008 CDBGI DRI Project #2008-01 Goodlene Arms, LLC Hurricane Hardening Page 9of27 Agenda Item No. 1607 September 14,2010 Page 14 of 109 of reports required. The SUB RECIPIENT shall allow HHVS or HUD to monitor the SUB RECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. ADDITIONAL HOUSING. HUMAN and Veteran SERVICES. COUNTY. AND HUD 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 $1 ,000 or more; (3) All out-of-town travel (travel shall be reimbursed in accordance with Chapter 112, Fla. 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 ofCDBG 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-I 10, A~122, 24 CFR Part 84, and 24 CFR Part 85. G. AUDITS AND INSPECTIONS 1. 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-l33. Non-profit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program-specific audit performed in accordance with OMB A-B3. 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 HHVS to submit "Reduced Scope" audits (e.g., financial audit, performance audits). They may choose, instead ofa 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 2008 CDBGI DRJ Project #2008-01 Goodlette Arms, LLC Hurricane Hardening Page 10 of27 Agenda Item No. 1607 September 14, 2010 Page 15 of 109 which federal awards attributable to this contract have been received by the SUBRECIPIENT. A copy of the audit report must be received by HHVS no later than six months following the end of the SUBRECIPIENT's fiscal year. 4. If an audit is required by Section G of this contract, but the requirements of OMB A-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 HHVS..federal assistance has been received. In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards ofOMB A-133, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report must be received by HHVS no later than six months following each audit period. 5. The SUBRECIPIENT shaU maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shaU sufficiently and properly reflect aU revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 6. The SUB RECIPIENT shall include in all HHYS approved subcontracts each of the record-keeping and audit requirements detailed in this contract. H. PROGRAM-GENERA TED 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 HHYS, 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- 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 COUNTY. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income received by the SUBRECIPIENT or its sub-contractors shall be returned to the COUNTY unless the SUBRECIPIENT requests and is authorized by HHVS to utilize uncommitted funds. 1. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the 2008 CDBGI DRl Project #2008-01 Goodlene Arms, LLC Hurricane Hardening Page n of27 Agenda Item No. 1607 September 14, 2010 Page 16 of 109 custodianship of records. VIII. OTHER PROGRAM REOUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CNIL RIGHTS COMPLIANCE . 1?~ S~RECIPIENT ag~e~s that ~o person shaU be excluded from the benefits of, or be subjected to, dlscrlmmatIon under any actIvity carried out by the performance of this Agreement on the basis of race, c~lo:, ~isa~i1ity, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such dlscnmmatlon, the COUNTY shall have the right to terminate this Agreement. . T? the grea~e~t extent feasible, lower-income residents of the project areas shaU be given opportunIties for trammg 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 MINORITYIWOMEN-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. D. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraphshalJ 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 2008 CDBOI DRl Project #2008-01 Goodlette Arms, LLC Hurricane Hardening Page120f27 project target area. Agenda Item No. 1607 September 14, 2010 Page 17 of 109 E. PUBLIC ENTITY CRIMES As provided in ~ 287.133, Fla. Stat. by entering into this Agreement or perfonning 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 9 287.133 (3)(a), Fla. Stat. F. DRUG-FREE WORKPLACE REOUIREMENTS 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: 200S CDBGI DR! Project #200S-O! Goodlette Arms, LLC Hurricane Hardening 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 Fonn-LLL, "Disclosure Fonn 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. Page 13 of27 Agenda Item No. 1607 September 14, 2010 Page 18 of 109 H. REAL PROPERTY An~ real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated heremt and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CPR 24.l01t shall be subject to the provisions of C~~G includingt but not limited tOt the provisions on use and disposition of property. Any real property withm the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBO funds in excess of $25tOOO, 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 hazardst flood insurance under the National Plood 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 SUB RECIPIENT 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 CDBO funds may not be used for religious activities or provided to primarily religious organizations. Section 24 CFR 570.2000) specifies the limitations on CDBO funds. 2008 CDBGI DRl Project #2008-01 Goodlette Arms, LLC Hurricane Hardening Page 14 of27 Agenda Item No. 1607 September 14, 2010 Page 19 of 109 XI. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any COBO funds on hand at the time of expiration, any accounts receivable attributable to the use of coao funds, and any non-expendable personal property that was purchased with COBO funds. Any real property under SUBRECIPIENT control will be covered by the regulations 24 CFR 570.503(8)(8). XII. SEVERABILITY Should any provision of the Agreement be detennined to be unenforceable or' invalid, such a detennination shall not affect the validity or enforceability of any other section or part thereof. XIII. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of Twenty Seven (27) 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 constitute 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. 2008 COBOl DR! Project #2008.01 Goodlette ArmS. LLC Hurricane Hardening Page 15 of27 Agenda Item No. 1607 September 14, 2010 ]7 -11 2':" ..r ~ (\() IN WITNESS WHEREOF, the Subrccipi=t ad the County. have each, respectively, by an authoriZed person at agOllt, hereunder act their bands.ml_ls OIIlhis September 14, 2010. ATIEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COllIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN 0atQl: (SEAL) -.1$~ W;\~ GoodIcttc ~. r-", ~ ~-...~., .' ---.... --.'~ . . .... ,,/' . David~~~Dbr First Witness .-- , '" tint witness II/lmC ~~ / tbJL . ~~/..6k, Type! t' name Approved as to form lIIld lCSa1 sufficiency: Jctmifer Whitc ,..;> Assistant County Attorney ~AO 200ll CDBClI DR! Projoclll2OO1.oI Ge6dlett. Anm; LLC H_ Hordeoiag Pap l~ of27 . _.~._.,_~__.~_____'__m"__'_"~"""""""'_'''''_'''''_'"~~'"'--' Agenda Item No. 1607 September 14, 2010 Page 21 of 109 EXHmIT "A" SCOPE OF SERVICES Goodlette Arms, LLC Hurricane Hardening A. PROJECT SCOPE: On May 25, 2010 the Board of Commissioners approved Disaster Recovery Grant Agreement # 1 ODB-D4-09-2 I -0 l-K09 with the Florida Department of Community Affairs. Details of this scope of work are consistent with and support certain details of that agreement. Goodlette Arms, LLC will undertake a Hurricane Harden project at their facility, the Goodlette Arms Apartments, located at 950 Goodlette Road, Naples, Florida. The sum of $ 1,197,500 will be used to install impact resistant windows, store front entryways and Exterior doors. Hurricane hardening activities include installation of a generator, improvements to the roof structures on site, improvements to the storm water protection system at the building as well as the stormwater system at the entrance to the property. This funding will cover all costs associated with the construction of these hardening activities. The project entails the hardening of 252 units. The1 project will be further defined by the DCA approved bid specifications and contractor eligibility. YJ. The detailed project scope will be contained in the bid specification of the vendor awarded the project's construction contract. The project construction contract will include details sufficient to the document the number, a~unt and costs associated with all activities. The project activities will meet the U.S. Department of Housing and Urban Development's national objective to benefit low and moderate Income areas. B. BUDGET Collier County Department of Housing, Human and Veteran Services is providing ONE MILLION ONE HUNDRED NINETY SEVEN THOUSAND FIVE HUNDRED DOLLARS ($1,197,500) in CDBG-DRI funding for the project scope described above. Line Item Description Rehabilitation, Multi Family Unit Residential Flood and Drainage TOTAL Amount of CDBG-DRI Funds $1,157,500 $40,000 $1,197,500 2008 CDBGI DR! Project #2008-01 Good!ette Arms, LLC Hurricane Hardening Page 17 of 27 Agenda Item No. 1607 September 14, 2010 Page 22 of 109 C. PROJECT WORK PLAN The following Project Work Plan is in effect for program monitoring requirements only and as such, is not intended to be used as a payment schedule. Date Date Work Plan Start End 07/2010 10/2010 Bid Preparation 11/2010 12/2010 Procure eligible contractor(s)& conduct pre construction conference 1/2010 3/2010 Obtain permits & contractor order materials 4/2010 5/2012 Window and door installation for building A, roof project, threshold drainage for buildings A and B, improve storm drain at property entrance. 4/2010 5/2012 Window and door installation for building B, maintenance garage and community buildings. Install generator and complete hardening activities. 5/2012 6/2012 Complete tinal inspections and close out proiect. The above Project Work Plan detail items to be completed and submitted by "Date End". Modifications to the above Work Plan require the approval of the Florida Department of Community Affairs and the Board of County Commissioners. A Work Plan modification will be required if the listed activity exceeds the assigned end date by 90 days or greater. Any Moditication(s) will be made an integral component of this agreement. E. PAYMENT WORK PLAN Deliverables Pavment Schedule Rehabilitation As invoiced per contractor's schedule of values Flood and Drainage As invoiced per contractor's schedule of values 2008 CDBOI DR! Project #2008-0 I Goodlette Arms, LLC Hurricane Hardening Page 18 of27 Agenda Item No. 16D7 September 14, 2010 Page 23 of 109 EXHIBIT "B" INSURANCE REOIDREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3301 E Tamiami Trail Bldg H Suite 211, Naples, Florida 34112, Certificate(s) ofInsurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 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 SUB RECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in I - 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 SUB RECIPIENT. 2008 CDBG/ DRI Project #2008-0 I Goodlette Arms, LLC Hurricane Hardening Page 190f27 Agenda Item No. 1607 September 14,2010 Page 24 of 109 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.I.M.A. This policy will be provided as such time that he buildings' walls and roof exist. OPERA TIONIMANAGEMENT PHASE (IF APPLICABLE) 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 for combined Bodily Injury and Property damage. Collier County must be shown as an additional insured with respect to this coverage. 8. Property Insurance coverage on an "All Risk" basis in an amount n'ot 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. 2008 CDBGI DR! Project #2008-<l1 Goodlette Arms, LLC Hurricane Hardening Page 20 of27 Agenda Item No. 1607 September 14, 2010 Page 25 of 109 EXHIBIT "C" ADDITIONAL CDBG GRANT REOUIREMENTS There are no additional grant requirements. 2008 CDBG/ DR! Project #2008-0 I Goodlette Arms, LLC Hurricane Hardening Page 21 of27 Agenda Item No. 1607 September 14, 2010 Page 26 of 109 EXHIBIT "D" REOUIREDSUB~TTALS D-l Request for Payment D-2 CDBG Monthly Progress Report 2008 CDBOI DRI Project #2008-01 Ooodlette Arms, LLC Hurricane Hardening Page 22 of27 Agenda Item No. 1607 September 14, 2010 Page 27 of 109 SCHEDULE "D-l" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REOUEST FOR PAYMENT Subrecipient Name: Goodlette Arms. LLC Subrecipient Address: 500 Skokie Blvd. Suite 600 Northbrook. IL 60062 Project Name: Goodlette Arms Hurricane HardeninlZ Project No: DR 08-0] Dollar Amount Requested: $ Payment Request # SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $1,197,500 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 A warded 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 Date Title Authorizing Grant Coordinator 2008 COBGI DR! Project #2008-01 Goodlette Arms. LLC Hurricane Hardening Page 23 of27 Agenda Item No. 1607 September 14, 2010 Page 28 of 109 Supervisor (approval authority under $14,999) Dept Director (approval required $15.000 and above) 2008 CDBGI DR! Project #2008-01 Goodlette Arms, LLC Hurricane Hardening Page 24of27 Agenda Item No. 1607 September 14, 2010 Page 29 of 109 SCHEDULE "D-2" CDBG MONTHLY PROGRESS REPORT Completeformfor past month and submit to Housing &Human Service's staffby the J(jllofthe following month. Status Report for Month of Submittal Date: Project Name Goodlette Arms. Hurricane Hardenintz Project Number DR 08-05 Activity Number Subrecipient: Goodlette Arms. LLC Contact Person Joshua Wilmoth. Area Manal!er Telephone: 847-656-5140 Fax:857-480-S760 E-mail: iosbua.wilmothuufullcircle.com 1. Activity StatuslMilestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two montbs? 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 tbat may cause delay. New contracts executed this month (if applicable): 2008 CDBOI DR! Project #2008-01 Goodlette Arms, LLC Hurricane Hardening Page 2S of27 Agenda Item No. 1607 September 14, 2010 Page 30 of 109 Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see definitions (see definitions Number Number on following on following page) page) For projects that serve a particular clientele, please complete the following information by entering the appropriate numbedn 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 number in box "5" below. Female Head of Households REGARDLESS of income. Enter this BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51-80%) Household Persons Assisted (0-30%) (31-50%) 2008 CDBG/ DR! Project #2008.0 1 Goodlette Arms, LLC Hurricane Hardening Page 26 of2? Aaenda Item No. 1607 ~September 14. 2010 Page 31 of 109 1 ..1> SubreciDient's must indicate total beneficiaries for Race AND Etbnicitv :1 ""':.., I...""., c _ ......, ;". -:'.:': ;:-." ,'.,' : ',':' ; :,:: ..,:". '",,;.:, ,.., . . ..... '. , .t -' "" "I . ',. Definitions of Race: White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Black or African-American: A person having origins in any of the black racial groups of Africa. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan~ Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions ofEthnicity: 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 Ethnicitv Beneficiaries White B lack 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: 2008 CDBGI DRI Project #2008-01 Goodlette Arms, LLC Hurricane Hardening Page 27 of27 Agenda Item No. 1607 September 14, 2010 Page 32 of 109 AGREEMENT BETWEEN COLLIER COUNTY AND BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AGENCY (CRA) Bayshore Gateway Triangle Stormwater Improvements Catalog of Federal Domestic Assistance # 14.228 Emergency Rule 9BER09-2 CDBG/DRl Contract # 10-DB-D4-09-21-01-K09 Tms AGREEMENT is made on June 22, 2010 and entered into by and between Collier County, a political subdivision of the State of Florida, ("COUNTY"), and the "Bayshore Gateway Triangle Community Redevelopment Agency (CRA)," a Community Redevelopment Agency approved by the Board of Collier County Commissioners, having its principal office at 4069 Bayshore Drive Naples, FL 34112, and its Federal Tax Identification number as 59-6000558, ("SUBRECIPIENT"). WHEREAS, the COUNTY has entered into an agreement with the Florida Department of Community Affairs (DCA) for a grant for the execution and implementation of a Community Development Block GrantlDisaster Recovery Initiative Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the 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; 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 Board of County Commissioners of Collier County approved the Collier County Agreement with the Florida Department of Community Affairs (DCA) for $9,963,208 in Community Development Block Grant Disaster Recovery Initiative(DRI) ftmds relating to the 2008 Hurricane Season on May 25,2010. 2008 CDBG/DRI Project #2008-04 Collier County Community Redevelopment Agency - Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 1 of 26 Agenda Item No. 1607 September 14, 2010 Page 33 of 109 WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit "A" of this Agreement, in accord with the approved Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPJENT to implement such undertakings of the CDBG/DRI 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) "CDBG" means the Community Development Block Grant Program (24CFR part 570). (C) "HHVS" means Collier County 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) "SUBRECIPJENT" means Bayshore Gatewav Triangle Redevelopment Agency. (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. (H) "Project" means the work to be perfonned as set forth in Exhibit "A." (1) "DRI" means Disaster Recovery Initiative Program (1) "DCA" means Florida Department of Community Affairs II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as detennined by HHVS, perfonn the tasks necessary to conduct the program outlined in Exhibit "A." III. TIME OF PERFORMANCE June 22, 2010 is the effective date of DCA Agreement #10-DB-D4-09-2IOI-K09 with Collier. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of DCA Agreement #IO-DB-D4-09-2101-K09. Subrecipients are authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to HHVS prior written approval. [n any event, all services required hereunder shall be completed by the SUBRECIPIENT prior date to June 21, 2012. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. 2008 CDBGIDRI Project #2008-04 Collier County Community Redevelopment Agency - Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stonnwater Improvements Page 2 of 26 Agenda Item No. 1607 September 14,2010 Page 34 of 109 IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using CDBG/DRI funding for allowable costs, determined by COUNTY, in an amount not to exceed Two Million, Seven Hundred Nine Thousand, One Hundred Fifty Dollars ($2,709,150.00) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of monthly progress reports. Payments shall be made to the SUB RECIPIENT when requested as work progresses but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with S 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 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 HHVS' Policies and Procedures memoranda. Should a project receive additional funding after the commencement of this Agreement, the SUB RECIPIENT 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 2008 CDBG/DRl Project #2008-04 Collier County Community Redevelopment Agency - Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 3 of 26 Agenda Item No. 1607 September 14, 2010 Page 35 of 109 this transaction by any Federal Department or agency; and, that the SUB RECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. C. LOCAL AND FEDERAL RULES. REGULA nONS AND LAWS The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations and orders of the State, local and Federal governments, including, but not limited to: 1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Title VI ofthe 1984 Civil Rights Act, 42 use ~ 2000d, et. seq. 4. 24 eFR 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 S 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 W<;>rk Hours and Safety Standards Act, 40 USC 327-332. 10. Section 504 of the Rehabilitation Act of 1973,29 use 776(b)(5). 11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 12. 29 eFR 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 eDBG. (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. 2008 CDBGIDRl Project #2008-04 Collier County Community Redevelopment Agency - Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stonnwater Improvements Page 4 of 26 Agenda Item No. 1607 September 14, 2010 Page 36 of 109 ]4. 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. 16.0MB Circular A-133 - concerning annual audits. 17.0MB Circular A-122 - 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. 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 Ill, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract 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. 2008 CDBGIDRI Project #2008-04 Collier County Community Redevelopment Agency - Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stonnwater Improvements Page 5 of 26 Agenda Item No. 1607 September 14, 2010 Page 37 of 109 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 10 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 S 44.102, Fla. Stat. 26. Section 3 of the HUD Act of 1968, as ~ended, and as implemented by the regulations set forth in 24 CFR 135 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 detennination of compliance with the terms of the attached Scope of Services set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department, Florida Statutes and HUD. Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the HHVS or its designee. E. AMENDMENTS This Agreement, and any exhibit or attachment, may be amended only by written agreement executed by the governing boards of both parties, except that County representative(s) may approve adjustments between line item amounts, scope clarifications, or an extension of time and schedule that do not change the 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. 2008 CDBG/DRI Project #2008-04 Collier County Community Redevelopment Agency - Bayshore Gateway Triangle eRA Bayshore Gateway Triangle Stonnwater Improvements Page 6 of 26 Agenda Item No. 16D7 September 14, 2010 Page 38 of 109 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, Florida Statutes. G. GRANTEE RECOGNITION All facilities purchased or cons~cted pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by HHVS in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HHVS' support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for 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. H. TERMINATION In event of termination for any of the reasons identified in sub-sections 1-3 as follows, all finished or unfmished 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. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. (See 24 CFR 85.43.) 2008 CDBG/DRI Project #2008-04 Collier County Community Redevelopment Agency - Bayshore Gateway Triangle eRA Bayshore Gateway TrillIlgle Stormwater Improvements Page 7 of 26 Agenda Item No. 1607 September 14, 2010 Page 39 of 109 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 (l0) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. (See 24 CFR 85.44.) 3. TERMINA nON DUE TO CESSA nON In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. 1. 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. 1. SUBRECIPIENT LIABILITY OBLIGA nON Compliance with the insurance requirements in Exhibit "B" shall not relieve the SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Commissioners' approval. If the Insurance certificate is received within the specified period, but not in the manner prescribed in these requirements, the SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County. If the SUBRECIPIENT fails to submit the required insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of the contract. K. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that it will be acting as an independent agent and that its employees are not Collier County employees and is 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. 2008 CDBGIDRI Project #2008-04 Collier County Community Redevelopment Agency - Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 8 of26 Agenda Item No. 1607 September 14, 2010 Page 40 of 109 VII. ADMINISTRATIVE REOUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A-IlO (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 1. The SUBRECIPIENT shall maintain all records required by CDHG. 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 Agreeme~t shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUB RECIPIENT shall keep all documents and records for six (6) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE!MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502,507, and 92 (3)(vi). 4. 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. 2008 CDBGIDRI Project #2008..()4 Collier County Community Redevelopment Agency - Bayshore Gateway Triangle eRA Bayshore Gateway Triangle Stormwater Improvements Page 90f26 Agenda Item No. 1607 September 14, 2010 Page 41 of 109 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 HOD 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 fmdings identified pursuant to this Agreement. The SUBRECIPIENT agrees that HHVS will carry out periodic monitoring and evaluation activities as determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HOD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. ADDITIONAL HOUSING. HUMAN AND VETERAN SERVICES. COUNTY. AND HUD REOUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. E. PRIOR WRITTEN APPROVALS (1) All subcontracts and agreements proposed to be entered into by the SUB RECIPIENT pursuant to this Agreement; (2) All capital equipment expenditures of $1 ,000 or more; (3) All out-of-town travel (travel shall be reimbursed in accordance with Chapter 112, Fla. Stat. unless otherwise required by CDBG); (4) All change orders; 2008 CDBGlDRI Project #2008-04 Collier County Community Redevelopment Agency - Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stonnwater Improvements Page 10 of26 Agenda Item No. 1607 September 14, 2010 Page 42 of 109 (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-llO, A-122, 24 CFR Part 84, and 24 CFR Part 85. G. AUDITS AND INSPECTIONS 1. 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 HHVS to submit "Reduced Scope" audits (e.g., financial audit, performance audits). They may choose, instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the program in which they participate. 3. When the requirements of OMB A-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 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-133 do not apply or are not elected, the SUBRECIPIENT may choose to have an audit performed either on the basis of the SUB RECIPIENT' 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. 2008 CDBG/DRl Project #2008-04 Collier County Community Redevelopment Agency - Bayshore Gateway Triangle eRA Bayshore Gateway Triangle Stormwater Improvements Page 11 of26 Agenda Item No. 1607 September 14, 2010 Page 43 of 109 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 I-lliVS approved subcontracts each of the recordkeeping and audit requirements detailed in this contract. H. PROGRAM-GENERA TED 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 I-lliVS, 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-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 COUNTY. Program Income shall be utilized to undertake activities specified in Exhibit "A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income received by the SUBRECIPIENT or its sub-contractors shall be returned to the COUNTY unless the SUBRECIPIENT requests and is authorized by HHVS to utilize uncommitted funds. 1. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. VIll. OTHER PROGRAM REQUIREl\1ENTS 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 2008 CDBG/DRI Project #2008-04 Collier County Community Redevelopment Agency - Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stom1\\'31er Improvements Page 12 of26 Agenda Item No. 1607 September 14, 2010 Page 44 of 109 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 perfonned 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 CnBG 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 thr(;mgh this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defmed by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. D. CONFLICT OF INTEREST The SUB RECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the perfonnance 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 HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. E. PUBLIC ENTITY CRIMES As provided in S 287.133, Fla. Stat. by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by ~ 287.133 (3)(a), Fla. Stat. F. DRUG-FREE WORKPLACE REQUIREMENTS 2008 CDBG/DRI Project #2008-04 Collier County Community Redevelopment Agency - Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stonnwater Improvements Page 13 of26 Agenda Item No. 1607 September 14, 2010 Page 45 of 109 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. CERTIFICA TI0N 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 Fonn-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 by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. 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. 2008 CDBGIDRI Project #2008-04 Collier County Community Redevelopment Agency - Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Storm water Improvements Page 14 of26 Agenda Item No. 1607 September 14, 2010 Page 46 of 109 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. X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBO funds may not be used for religious activities or provided to primarily religious organizations. Section 24 CFR 570.2000) specifies the limitations on CDBO funds. XI. REVERSION OF ASSETS Upon expiration of the Agreement, the SUB RECIPIENT shaH transfer to the COUNTY any CDBO 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. 2008 CDBG/DRI Project #2008-04 Collier County Community Redevelopment Agency - Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 15 of26 Agenda Item No. 1607 September 14, 2010 Page 47 of 109 XIV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties and constitute the en1ire understanding. The parties hC1'eby acknowledge that there have been and an:: no representations, warranties, covenants, or undertakings other than those expressly set forth herein. 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 September 14, 2010. A TIEST: DWIGHT E. BR~ CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Dated: (SEAL) FirstWitness Collier County Community Redevelopment Agency Bayshore Gateway Triangle CRA Type/print witness name Donna Fial~ Chairman Collier County Community Redevelopment Agency Second Witness Type/print witness name Approved as to form and lesa! sufficiency: :;e;.j Jennifer White ... Assistant County Attorney ~ 2008 CDBOIDRI Project #2008-04 Collier County Community Redevelopment ^aency - Bayshore Gateway Triangle CRA Baysbore. Gateway Triangle Stol11lwaler Improvements . Page 16 of26 Agenda Item No. 1607 September 14,2010 Page 48 of 109 EXHIBIT "A" SCOPE OF SERVICES Collier County Bayshore Gateway Triangle Community Redevelopment Agency (eRA) Flood and Drainage Project A. PROJECT SCOPE: On May 25,2010 the Board of Commissioners approved Disaster Recovery Grant Agreement #lODB-D4-09-21-01-K09 with the Florida Department of Community Affairs. Details of this scope of work are consistent with and support certain details of that agreement. On November 10, 2009, the Board of County Commissioners approved the Gateway Triangle Tertiary Stormwater System Improvement Plan. CDBG-DRI funding will be used to develop an interconnected stormwater drainage system defined by the plan. The Baysho~e-Gateway Triangle CRA will undertake a flood and drainage improvement project to result in the installation of a minimum of 32,000 linear feet of pipes, swales, culverts, associated materials and related site restoration activities. The project will be further defined in the construction agreement that will be subsequently approved by the Board of County Commissioners. The detailed project scope will be contained in the bid specifications of the vendor awarded the project's construction contract. The project construction contract will include details sufficient to document the number, amount, and costs associated with all activities. The project activities will meet the U.S. Department of Housing and Urban Development's national objective to benefit low and moderate income areas. B. BUDGET Collier County Housing, Human and Veteran Services is providing TWO MILLION SEVEN HUNDRED NINE THOUSAND ONE HUNDRED FIFTY DOLLARS ($2,709,150) in CDBG-DRI funding for the project scope described above. Line Item Description Amount of CDBG-DRI Funds Flood and Draina2e Improvement $2,709,150.00 TOTAL $2,709,150.00 2008 CDBGlDRl Project #2008-04 Collier County Community Redevelopment Agency - Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stonnwater Improvements Page 17 of26 Agenda Item No. 1607 September 14, 2010 Page 49 of 109 C. PROJECT WORK PLAN The following Project Work Plan is in effect for program monitoring requirements only and as such, are not intended to be used as a payment schedule. Date Date Work Plan Start End 07/2010 09/2010 Preoare bid documents 1012011 12/2010 Procure eligible contractor(s) & conduct preconstruction conference 01/2011 03/2011 Obtain permits & contractor(s) orders materials Install neighborhood improvements for the Tertiary 04/2011 04/2012 Stormwater System (consisting of swales, culverts, crossings and associated activities) OS/2012 06/2012 Complete system improvements and tie-in with system's associated 3.6 acre stormwater pond The above Project Work Plan details items to be completed and submitted by "Date End". Modifications to the above Work Plan require the approval of the Florida Department of Community Affairs and the Board of County Commissioners. A Work Plan modification will be required if the listed activity exceeds the assigned end date by 90 days or greater. Any modification(s) will be made an integral component of this Agreement. D. PAYMENT SCHEDULE The following table details the project deliverables and payment schedule. Deliverable Obtain ennits Flood and drainage im rovements 2008 CDBG/DRI Project #2008-04 Collier County Community Redevelopment Agency - Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stonnwater Improvements Page 18 of26 Agenda Item No. 1607 September 14, 2010 Page 50 of 109 EXHmIT "B" INSURANCE REOUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3301 E Tamiami Trail, Bldg H 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, Florida Statutes. 2. Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. - DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 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 2008 CDBGIDRI Project #2008-04 Collier County Community Redevelopment Agency - Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stonnwater Improvements Page 19 of26 Agenda Item No. 1607 September 14, 2010 Page 51 of 109 greater. The policy will show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided as such time that he buildings' walls and roof exist. OPERA TIONIMANAGEMENT PHASE (IF APPLICABLE) 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 for combined Bodily Injury and Property damage. Collier County must be shown as an additional insured with respect to this coverage. 8. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (l00%) 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. 2008 CDBGlDRI Project #2008-04 Collier County Community Redevelopment Agency - Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stonnwater Improvements Page 20 of 26 Agenda Item No. 1607 September 14, 2010 Page 52 of 109 EXHIBIT "C" ADDITIONAL CDBG GRANT REOUIREMENTS There are no additional grant requirements. 2008 CDBGlDRI Project #2008-04 Collier County Community Redevelopment Agency - Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stonnwater Improvements Page 21 of26 Agenda Item No. 1607 September 14,2010 Page 53 of 109 EXlDBIT "D" REOUlREDSUBNITTTALS D-l Request for Payment D-2 CDBG Monthly Progress Report 2008 CDBG/DRI Project #2008-04 Collier County Community Redevelopment Agency - Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 22 of 26 Agenda Item No. 1607 September 14, 2010 Page 54 of 109 SCHEDULE '~D-l" COLLIER COUNTY HOUSING, HUMAND AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REOUEST FOR PAYMENT Subrecipient Name: Bayshore Gateway Triamde Community Redevelooment Aeency Subrecipient Address: 4069 Bayshore Drive Naples. FL 34112 Project Name: Bayshore Gateway Triangle Stormwater Improvements Project No: DR 08-04 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 2,709,150.00 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 ofToday's Request $ 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been 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 Date Title Authorizing Grant Coordinator Supervisor Dept Director (approval authority under $14,999) (approval required $15,000 and above) 2008 CDBGIDRI Project #2008.Q4 Collier County Community Redevelopment Agency - Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stonnwater Improvements Page 23 of 26 Agenda Item No. 1607 September 14, 2010 Page 55 of 109 SCHEDULE "D-2" CDBG MONTHLY PROGRESS REPORT Completeformfor past month and submit to Housing &Human Service's staffby the Iff' of the following month. Status Report for Month of Submittal Date: Project Name Bavshore Gateway Triangle Storm water Improvements Project Number DR 08-4 Activity Number Subrecipient: Bayshore Gateway Triangle Community Redevelopment Agency Contact Person Sue Trone Telephone: (239) 643-1115 Fax: (239) 775-4456 E-mail: suetrone(a),co II iergov. net 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 applicable): 2008 CDBG/DRI Project #2008-04 Collier County Community Redevelopment Agency - Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 24 of26 Agenda Item No. 1607 September 14,2010 Page 56 of 109 Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal In (see definitions (see definitions Number Number on following on following 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 number in box "5" below. Female Head of Households REGARDLESS of income. Enter this BOX 1 BOX 2 BOX3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51-80%) Household Persons Assisted (0-30%) (31-50%) 200S CDBGIDRl Project #200S..()4 Collier County Community Redevelopment Agency - Bayshore Gateway Triangle eRA Bayshore Gateway Triangle StoImwater Improvements Page 25 of26 Agenda Item No. 1607 September 14, 2010 Page 57 of 109 I I I I I SubreciDient's must indicate total beneficiaries for Race AND Etbnicitv Definitions of Race: White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Black or African-American: A person having origins in any of the black racial groups of Africa. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. . Definitions of Etbnicity: 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 Ethnicitv Beneficiaries ., . . uRace '. ',,', ' '. #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: . , ',' 2008 CDBGIDRI Project #2008-04 Collier County Community Redevelopment Agency - Bayshore Gateway Triangle eRA Bayshore Gateway Triangle Stormwater Improvements Page 26 of 26 Agenda Item No. 1607 September 14, 2010 Page 58 of 109 AGREEMENT BETWEEN COLLIER COUNTY AND IMMOKALEE AREA COMMUNITY REDEVELOPMENT AGENCY (CRA) Downtown Immokalee Stormwater Improvements Catalog of Federal Domestic Assistance # 14.228 Emergency Rule 9BER09-2 CDBG/DRI Contract # 1O-DB-D4-09-21-01-K09 THIS AGREEMENT is made one June 22, 2010 and entered into by and between Collier County, a political subdivision of the State of Florida, ("COUNTY"), and the "Immokalee Area Community Redevelopment Agency (CRA)" a Community Redevelopment Agency approved by the Board of Collier County Commissioners, having its principal office at 310 Alachua Street Immokalee, FL 34142, and its Federal Tax Identification number as 59-6000558, ("8UBRECIPIENT"). WHEREAS, the COUNTY has entered into an agreement with the Florida Department of Community Affairs (DCA) for a grant for the execution and implementation of a Community Development Block Grant/Disaster Recovery Initiative Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the 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 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 Board of County Commissioners of Collier County approved the Collier County Agreement with the Florida Department of Community Affairs for $9,963,208 in Community Development Block Grant Disaster Recovery Initiative funds (DRI), relating to the 2008 Hurricane Season on May 25,2010. 2008 CDBGI DRI Project #2008-03 Collier County Community Redevelopment Agency - lmmokalee Downtown lmmokalee Storm water Improvements Page 1 of26 Agenda Item No. 1607 September 14, 2010 Page 59 of 109 WHEREAS, the County and the SUBRECIPlENT desire to provide the activities specified in Exhibit "A" of this Agreement, in accord with the approved Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the CDBG/DRI 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) "CDBG" means the Community Development Block Grant Program, (24 CFR Part 570). (C) "HHVS" means Collier County Department of Housing, Human and Veterans Services. (D) "HHVS's Approval" means the written approval of the Department of Housing, Human and Veteran Services or designee. (E) "SUBRECIPIENT" means lmmokalee Community Redevelopment Agencv. (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. (H) "Project" means the work to be performed as set forth in Exhibit "A." (1) "DRI" means Disaster Recovery Initiative Program (J) "DCA" means The Florida Department of Community Affairs II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHVS, perform the tasks necessary to conduct the program outlined in Exhibit "A." III. TIME OF PERFORMANCE June 22, 2010 is the effective date of DCA Agreement #10-DB-D4-09-2101-K09 with Collier. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of DCA Agreement #lO-DB-D4-09-2101-K09. Subrecipients are authorized to incur eligible expenses after that date and prior to execution of tbis Agreement subject to HHVS prior written approval. In any event, all services required hereunder shall be completed by the SUB RECIPIENT prior date to June 21,2012. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. IV. CONSIDERATION AND LIMITATION OF COSTS 2008 CDBGI DRI Project #2008-03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 2 of 26 Agenda Item No. 1607 September 14, 2010 Page 60 of 109 The SUBRECIPIENT shall be reimbursed by the COUNTY using CDBG/DRI funding for allowable costs, determined by COUNTY, in an amount not to exceed Three Million, Five Hundred Thirty Three Thousand, One Hundred Twenty Four Dollars ($3,533,124.00) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work progresses put not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with 9 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved l?y 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 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. IMPLEMENT A nON 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 2008 CDBG/ DR! Project #2008-03 Collier County Community Redevelopment Agency - lmmokalee Downtown Immokalee Stormwater Improvements Page 3 of26 Agenda Item No. 1607 September 14, 2010 Page 61 of 109 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. e. LOCAL AND FEDERAL RULES. REGULATIONS AND LAWS The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations and orders of the State, local and Federal governments, including, but not limited to: 1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDSG) funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Title VI of the 1984 Civil Rights Act,42 USC S 2000d, et. seq. 4. 24 eFR 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 S 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 use 327-332. 10. Section 504 of the Rehabilitation Act of 1973, 29 use 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 use 276a and 24 CFR 135.11(c)). 13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 2008 CDBG/ DRl Project #2008-03 Collier County Community Redevelopment Agency - Immokalee Downtown lmmokalee Stormwater Improvements Page 4 of 26 Agenda Item No. 1607 September 14, 2010 Page 62 of 109 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 eontracts. 15. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 16.0MB Circular A-133 - conceming annual audits. 17.0MB eircular A-122 - 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. 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. ehapter 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, eollier eounty 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 eontractor 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 2008 CDBG/ DRl Project #2008-03 Collier County Community Redevelopment Agency - Immokalee Downtown Inunokalee Stormwater Improvements Page 5 of 26 Agenda Item No. 1607 September 14, 2010 Page 63 of 109 effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of SUBREeIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to eOUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties sha1l 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 eOUNTY'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 S 44.1 02, Fla. Stat. 26. Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135 D. SUBCONTRACTS Any work or services subcontracted by the SUBREeIPIENT 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 SUBREeIPlENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the HHVS or its designee. E. AMENDMENTS This Agreement, and any exhibit or attachment, may be amended only by written agreement executed by the governing boards of both parties, except that County representative(s) may approve adjustments between line item amounts, scope clarifications, or an extension oftime 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. 2008 CDBG/ DRl Project #2008-03 Collier County Community Redevelopment Agency - Immokalee Downtown lmmokalee Stormwater Improvements Page 6 of 26 Agenda Item No. 1607 September 14, 2010 Page 64 of 109 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 eollier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. G. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBREelPIENT 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 recognize HHVS' support for all activities made possible with funds made available under this Agreement. The SUB RECIPIENT will mount a temporary construction sign for 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. H. TERMINATION In event of termination for any of the reasons identified in sub-sections 1-3 as follows, all finished or unfmished 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 eontract by the SUBRECIPIENT, and the eOUNTY may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the eOUNTY from the SUBRECIPTENT is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date oftennination. (See 24 CFR 85.43.) 2008 CDBG/ DRl Project #2008-03 Collier County Community Redevelopment Agency - Tmmokalee Downtown lmmokalee Stormv.'llter Improvements Page 7 of26 Agenda Item No. 1607 September 14, 2010 Page 65 of 109 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 SUB RECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. (See 24 CFR 85.44.) 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. I. INSURANCE SUBRECIPlENT 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. 1. SUB RECIPIENT LIABILITY OBUGA TION Compliance with the insurance requirements in Exhibit "B" shall not relieve the SUBRECIPIENT 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 eommissioners' approval. If the Insurance certificate is received within the specified period, but not in the manner prescribed in these requirements, the SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected eertificate to the eounty. If the SUBRECIPIENT fails to submit the required insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of eounty Commissioners' approval, the SUBRECLPIENT shall be in default of the terms and conditions of the contract. K. INDEPENDENT AGENT AND EMPLOYEES The SUBREeIPIENT agrees that it will be acting as an independent agent and that its employees are not eoIlier County employees and are not subject to the eounty provisions of law applicable to County employees relative to employments, hours of work, rates of compensation, leave, unemployment and employee benefits. 2008 CDBG/ DRl Project #2008-03 Collier County Community Redevelopment Agency - Immokalee Downtown lmmokalee Stormwater Improvements Page 8 of 26 Agenda Item No. 1607 September 14,2010 Page 66 of 109 VII. ADMINISTRATIVE REOUIREMENTS A. FINANeIAL MANAGEMENT The SUB RECIPIENT agrees to comply with OMB Circular A-II 0 (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 1. The SUBREeIPIENT 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 by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records for six (6) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502,507, and 92 (3)(vi). 4. The SUBREeIPIENT 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 SUB RECIPIENT 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. 2008 CDBGI DR! Project #2008-03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater improvements Page 90f26 Agenda Item No. 1607 September 14, 2010 Page 67 of 109 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 eDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future eDBG 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 SUBRECIPJENT further agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. REPORTS. AUDITS. AND EV ALUA nONS 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. The SUBRECIPIENT agrees that HHVS will carry out periodic monitoring and evaluation activities as determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. ADDITIONAL HOUSING. HUMAN AND VETERAN SERVICES. COUNTY. AND HUD REOUIREMENTS The SUBREeIPlENT 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) All capital equipment expenditures of $1,000 or more; (3) All out-of-town travel (travel shall be reimbursed in accordance with Chapter 112, Fla. Stat. unless otherwise required by CDBG); (4) All change orders; 2008 CDBG/ DRl Project #2008-03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 10 of26 Agenda Item No. 1607 September 14, 2010 Page 68 of 109 (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 ofeDBG 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-I10, A-122, 24 eFR Part 84, and 24 CFR Part 85. G. AUDITS AND INSPECTIONS 1. 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 progr~m-specific audit performed in accordance with OMB A-l33. 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 HHVS to submit "Reduced Scope" audits (e.g., financial audit, performance audits). They may choose, instead of a Reduced Scope. Audit, to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the program in which they participate. 3. When the requirements of OMB A-B3 apply, or when the SUBRECIPIENT elects to comply with OMB A-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 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-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 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 he submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards ofOMB A-133, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report must be received by HHVS no later than six months following each audit period. 2008 CDBGI DR! Project #2008-03 Collier County Community Redevelopment Agency - ImmokaIee Downtown ImmokaIee Stormwater Improvements Page 11 of26 Agenda Item No. 1607 September 14, 2010 Page 69 of 109 5. The SUBRECIPIENT shall maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 6. The SUBRECIPIENT shall include in all HHVS approved subcontracts each of the recordkeeping and audit requirements detailed in this contract. H. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to HHVS. Such 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 s~all comply with OMB Circular A-ITO (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. Program Income, as defined by 24 CFR 570.500(a), may be retained by the COUNTY. Program Income shall be utilized to undertake activities specified in Exhibit "A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income received by the SUBRECIPIENT or its sub-contractors shall be returned to the COUNTY unless the SUBRECIPIENT requests and is authorized by HHVS to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodiansh ip of records. VIII. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CNIL RIGHTS eOMPLIANCE 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 he 2008 CDBOI DRl Project #2008-03 Collier County Community Redevelopment Agency - Immokalee Downtown lmmokalee Stormwater Improvements Page 12 of26 Agenda Item No. 1607 September 14, 2010 Page 70 of 109 awarded contracts in connection with the project. The SUBRECfPIENT shaH 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 eollier eounty or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. D. CONFLICT OF INTEREST The SUB RECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. E. PUBUe ENTITY CRIMES As provided in ~ 287.133, Fla. Stat. by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by S 287.133 (3)(a), Fla. Stat. 2008 CDBGI DRl Project #2008-03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 13 0[26 Agenda Item No. 1607 September 14, 2010 Page 71 of 109 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 eongress 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 by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.10 I, 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 SUBREeIPIENT control, which is acquired or improved in whole or part with eOBG funds in excess of $25,000. must adhere to the eDBG Regulations at 24 eFR 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. 2008 CDBG/ DRl Project #2008-03 Collier County Community Redevelopment Agency. Immokalee Downtown Immokalee Stormwater Improvements Page 14 of 26 Agenda Item No. 1607 September 14, 2010 Page 72 of 109 2. Federal Water Pollution eontrol Act, 33 use 1251, et seq., as amended. B. FLOOD DISASTER PROTEeTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002), the SUBREeIPIENT 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 use 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 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 eDBG 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. XIll. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-eight (28) enumerated pages, which include the exhibits referenced herein, shalJ be executed in two (2) counterparts, each of which shall be deemed to be an 2008 CDBGI DRl Project #2008-03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 15 of26 Agenda Item No. 1607 ;:,efJl!::H IIUtjl 1'+, L.V I u Page 73 of 109 original, and such cotmterparts will constitute one and the same instrument. XIV. ENTIRE UNDERSTANDING This Agreement and its pl'()visions merge any prior agreements, if any, between the parties and constitute 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. IN WITNESS WHEREOF, the Subrccipicnt and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this September 14, 2010. AlTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Dated: (SEAL) First Witness Collier County Community Redevelopment Agency - Immokalee Type/print witness name Donna Fiala, Cbainnan Collier County Community Redevelopment Agency. Second Witness Approved as to form and legal sufficiency: Type/print witness name Jennifer White Assistant County Attorney .) c:;{O ~ 2008 COBOl DR! Project #2008-03 Collier County Community Rcckvelopmem Agency - Immoka1ec Downtown lmmokalcc StormWlIter Improvements Page 16 of26 Agenda Item No. 1607 September 14,2010 Page 74 of 109 EXHmIT "A" SCOPE OF SERVICES Collier County Immokalee Area Community Redevelopment Agency (CRA) Flood and Drainage Project A. PROJECT SCOPE: On May 25,2010 the Board of Commissioners approved Disaster Recovery Grant Agreement #10DB-D4-09-21-01-K09 with the Florida Department of Community Affairs. Details of this scope of work are consistent with and support certain details of that agreement. On June 9, 2009, the Board of eounty eornmissioners approved the Immokalee Stormwater Management Master Plan. CDBG-DRI funding will be used to develop a stonnwater pond site and to improve the drainage system within the lmmokalee urban development area. The lrnmokalee Area CRA project will purchase a minimum of five (5) acres of vacant land to develop a stonnwater pond site. The land to be purchased may consist of a single site or multiple sites. Additionally, the Immokalee Area CRA will undertake a flood and drainage improvement project to result in the installation of a minimum of 13,625 linear feet of pipes, swales, culverts, associated materials and related site restoration activities. The project will be further defmed in the construction agreement that will be subsequently approved by the Board of County Commissioners. The detailed project scope will be contained in the bid specifications of the vendor awarded the project's construction contract. The project construction contract will include details sufficient to document the number, amount, and costs associated with all activities. The project activities will meet the U.S. Department of Housing and Urban Development's national objective to benefit low and moderate income areas. B. BUDGET Collier County Housing, Human and Veteran Services is providing Three Million Five Hundred Thirty Three Thousand One Hundred Twenty Four Dollars and 00/100 ($3,533,124) in CDBG-DRl funding for the project scope described above. Line Item Description Amount of CDBG-DRI Funds Land Acquisition $1,600,000.00 Flood and Drainage Improvement $1,933,124.00 TOTAL $3,533,124.00 2008 CDBGJ DRl Project #2008-03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 17 of26 Agenda Item No. 1607 September 14,2010 Page 75 of 109 C. PROJECT WORK PLAN The following Project Work Plan is in effect for program monitoring requirements only and, as such, is not intended to be used asa payment schedule. Date Date Work Plan Start End 07/2010 11/2010 Purchase pond site 12/2010 0112011 Prepare bid documents 02/2011 03/2011 Procure eligible contractor(s) & conduct preconstruction conference 03/2011 04/2011 Obtain permits & contractor(s) orders materials OS/2011 OS/2012 Begin stormwater improvements & associated activities 06/2012 06/2012 Complete final inspections and project close-out The above Project Work Plan details items to be completed and submitted by "Date End", Modifications to the above Work Plan require the approval of the Florida Department of Community Affairs and the Board of County eommissioners. A Work Plan modification will be required if the listed activity exceeds the assigned end date by 90 days or greater. Any modification(s) will be made an integral component of this Agreement. D. PAYMENT SCHEDULE The following table details the project deliverables and payment schedule. Deliverable Purchase nd site Obtain ermits Flood and drainage im rovements 2008 CDBGI DRl Project #2008-03 Collier County Community Redevelopment Agency - lmmokalee Downtown Immokalee Stormwater Improvements Page 18 of26 Agenda Item No. 1607 September 14,2010 Page 76 of 109 EXIllBIT "B" INSURANCE REOUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3301 E Tamiami Trail, Bldg H 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, Florida Statutes. 2. Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 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 SUBRECIPlENT in an amount not less than $300,000 per occurrence providing for all sums which the SUBREeIPIENT and/or the design professional shall become legally 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. 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. eompleted 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 SUBREeIPIENT. 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 eounty as a Loss Payee A.T.I.M.A. This policy will be provided as such time that he buildings' walls and roof exist. OPERATIONIMANAGEMENTPHASE (IF APPLICABLE) 2008 CDBGI DRl Project #2008-03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 19 of26 Agenda Item No. 1607 September 14,2010 Page 77 of 109 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 for combined Bodily Injury and Property damage. Collier County must be shown as an additional insured with respect to this coverage. 8. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier eounty 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. 2008 CDBGI DRl Project #2008-03 Collier County Community Redevelopment Agency - Immokalee Downtown ImmokaIee Storm water Improvements Page 20 of 26 Agenda Item No. 1607 September 14,2010 Page 78 of 109 EXHmIT "c" ADDITIONAL CDBG GRANT REOUIREMENTS There are no additional grant requirements. 2008 CDBGI DRl Project #2008-03 Collier County Community Redevelopment Agency - lmmokalee Downtown lmmokalee Storm water Improvements Page 21 of26 Agenda Item No. 1607 September 14, 2010 Page 79 of 109 EXHIBIT "D" REOUIRED SUBMITTALS D-l Request for Payment D-2 CDBG Monthly Progress Report 2008 CDBGI DR! Project #2008-03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 22 of 26 Agenda Item No. 1607 September 14, 2010 Page 80 of 109 SCHEDULE "D-l" COLLIER COUNTY HOUSING, HUMAN AND VETERANS SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Immokalee Area eommunity Redevelopment Agency Subrecipient Address: 310 Alachua Street Immokalee. FL 34142 Project Name: Downtown Immokalee Stormwater Improvements Project No: DR 08-3 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 3,533,124.00 2. Sum of Past elaims 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. eurrent 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 eOUNTY and us, as the SUBRECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant eoordinator Supervisor Dept Director (approval authority under $14,999) (approval required $15,000 and above) 2008 CDBGI DRl Project #2008-03 Collier County Community Redevelopment Agency - lmmokalee Downtown Immokalee Stormwater Improvemcnts Page 23 of 26 Agenda Item No. 1607 September 14, 2010 Page 81 of 109 SCHEDULE "D-2" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing &Human Service's staff by the 1 (jh of the following month. Status Report for Month of Submittal Date: Project Name Downtown lmmokalee Stormwater Improvements Project Number DR 08-03 Activity Number Subrecipient: Immokalee Area Community Redevelopment Agency Contact Person Penny S. Phillippi Telephone: (239) 252-2310 Fax: (239) 252-3970 E-mail: pennvphillippi@colliergov .net 1. Activity StatuslMilestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. New contracts executed this month (if applicable): 2008 CDBGI DR! Project #2008-03 Collier County Community Redevelopment Agency - lmmokalee Downtown Immokalee Stormwater [mprovements Page 24 of 26 Agenda Item No. 1607 September 14, 2010 Page 82 of 109 Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ill (see definitions (see definitions Number Number on following on following 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. eomplete 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 number in box "5" below. Female Head of Households REGARDLESS of income. Enter this BOX 1 BOX 2 BOX 3 BOX4 BOX 5 Total Number of Households or Persons Assisted Extremely Low Income (0-30%) Very Low Income (31-50%) Low Income (51-80%) Female Head of Household 2008 CDBGI DR! Project #2008-03 Collier County Community Redevelopment Agency - lmmokalee Downtown Immokalee Stormwater Improvements Page 25 of 26 Agenda Item No. 1607 September 14, 2010 Page 83 of 109 t~,ii:;H ;'?l[) i:!~ :m:\;.. ii':]:; _ ~.\:,; j::::: .: . Ji i[:::::: 1: ~~ijfl(~i:[;: nj '. '.'::j ii). :1))::t 1]1;'~~mm\~ llC", -':: II ;'::: '.'.:' . :W;:l;lUu.~::::.:; :\!;:. ::i" ::1 :;::;~E';f; 1:;;' i! ii: ii: L T li fed:;;\: l:: :~l \j~~[ mm ;:!I SubreciDient's must indicate total beneficiaries for Race AND Ethnicitv 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 oftne 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 Ta ble of Race and Ethnicitv Beneficiaries ..!?~Hgg~~h~~~~i~u~~~[~i~~fi~~~~~~~~~Ji~~~~~~!~~~~~~~~~~~~~f~~~{~~i~~~iu~~t~~~~~~!~r.~i~~~i~~~. ~~fM~i_- ! 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 TOT AL: 1~~~~~iili;1~iliJ~~m: I 2008 CDBGI DRl Project #2008-03 Collier County Community Redevelopment Agency - ImmokaIee Downtown Immokalee Stormwater Improvements Page 26 of 26 Agenda Item No. 1607 September 14, 2010 Page 84 of 109 AGREEMENT BETWEEN COLLIER COUNTY AND THE SCHOOL DISTRICT OF COLLIER COUNTY Immokalee Area Public Shelter Enhancements Catalog of Federal Domestic Assistance # 14.228 Emergency Rule 9BER09-2 CDBG/DRI Contract # 10-DB-D4-09-21-01-K09 TIDS AGREEMENT is made on June 22,2010 and entered into by and between Collier County, a political subdivision of the State of Florida, ("COUNTY"), and "The School District of Collier County" existing under the laws of the State of Florida, having its principal office at 5775 Osceola Trail Naples, FL 34109, and its Federal Tax: Identification number as 59-6000557, WHEREAS, the COUNTY has entered into an agreement with the Florida Department of Community Affairs (DCA) for a grant for the execution and implementation of a Community Development Block Grant(CDBG)/Disaster Recovery Initiative (DR!) Program in certain areas of eollier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the 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; and WHEREAS, Resolution 08-121 was developed following the eollier 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 Board of County Commissioners of Collier County approved the Collier County Agreement with the Florida Department of Community Affairs for $9,963,208 in Community Development Block Grant Disaster Recovery Initiative fund (DRI), relating to the 2008 Hurricane Season on May 25, 2010. WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in 2008 CDBG DRl Project #2008-05 The School District of Collier County Immokalee Area Public Shelter Enhancements Page I of 26 - Agenda Item No. 1607 September 14, 2010 Page 85 of 109 Exhibit A of this Agreement, in accord with the approved Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBREeIPIENT to implement such undertakings of the CDBG/DRI 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) "CDBG" means the Community Development Block Grant Program (24 CFR Part 570). (C) "HHVS" means Collier County 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 School District of Collier County. (F) "HUD" means the U.S. Department of Housing and Urban Development or a person authorized to act <:>n its behalf. (G) "Low and moderate income persons" means the defInition set by HUD. (H) "Project" means the work to be performed as set forth in Exhibit "A." (I) "DRI" means Disaster Recovery Initiative. (J) "DCA" means Florida Department of Community Affairs. II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHVS, perform the tasks necessary to conduct the program outlined in Exhibit "A." III. TIME OF PERFORMANCE June 22, 2010 is the effective date of DCA Agreement #10-DB-D4-09-2101-K09 with Collier. The services of the SUB RECIPIENT shall be undertaken and completed in light of the purposes of DCA Agreement #1O-DB-D4-09-2101-K09. Subrecipients are authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to HHVS prior written approval. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior date to June 21,2012. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB RECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs, determined by COUNTY, in an amount not to exceed One Million Six Hundred Thirty Five Thousand Dollars ($1,635,000) for the services described in Exhibit "A." 2008 CDBG DRl Project #2008-05 The School District of Collier County Immokalee Area Public Shelter Enhancements Page 2 of 26 Agenda Item No. 1607 September 14, 2010 Page 86 of 109 All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and qualified bidder. Contract administration shall be handled by the SUB RECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall directly pay the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work progresses. 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. Tarniami Trail, Building H, Suite 211, Naples, Florida 34112, and to the SUB RECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. GENERAL CONDITIONS A. IMPLEMENT A nON 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. REGULA nONS AND LAWS The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations and 2008 CDBG DR! Project #2008-05 The School District of Collier County lmmokalee Area Public Shelter Enhancements Page 3 of26 Agenda Item No. 1607 September 14, 2010 Page 87 of 109 orders of the State, local and Federal governments, including, but not limited to: 1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Title VI of the 1984 Civil Rights Act, 42 USC 9 2000d, et. 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 vn 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. 2008 CDBG DRl Project #2008-05 The School District of Collier County Immokalee Area Public Shelter Enhancements Page 4 of26 Agenda Item No. 1607 September 14, 2010 Page 88 of 109 16.0MB Circular A-133 - concerning annual audits. 17.0MB Circular A-122 - 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. 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 2008 CDBG DR! Project #2008-05 The School District of Collier County ImIDokalee Area Public Shelter Enhancements Page 5 of 26 Agenda Item No. 1607 September 14, 2010 Page 89 of 109 be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached at mediation to COUNTY'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under ~ 44.102, Fla. Stat. 26. Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 13 5 D. SUBCONTRACTS Any work or services subcontracted by the SUB RECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to lllIVS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Scope of Services set forth in Exhibit "A." . This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department, Florida Statutes and HUD. Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the HHVS or its designee. E. AMENDMENTS This Agreement, and any exhibit or attachment, may be amended only by written agreement executed by the governing boards of both parties, except that County representative(s) may approve adjustments between line item amounts, scope clarifications, or an extension of time and schedule that do not change the 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 SUB RECIPIENT 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 2008 CDBG DRI Project #2008-05 The School District of Collier County Immokalee Area Public Shelter Enhancements Page 6 of 26 Agenda Item No. 1607 September 14,2010 Page 90 of 109 in~emnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. G. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUB RECIPIENT 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 recognize HHVS' support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for 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. H. TERMINATION In event of termination for any of the reasons identified in sub-sections 1-3 as follows, all finished or unfinished 'documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUB RECIPIENT with funds under this Agreement shall be returned to HHVS or the COUNTY. In the event of termination, the SUB RECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set- off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. (See 24 eFR 85.43.) 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. (See 24 CFR 85.44.) 3. TERMINATION DUE TO eESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. 2008 CDBG DR! Project #2008-05 The School District of Collier County lmmokalee Area Public Shelter Enhancements Page 7 of 26 Agenda Item No. 1607 September 14, 2010 Page 91 of 109 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 any subsection of this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Commissioners' approval. If the Insurance certificate is received within the specified period, but not in the manner prescribed in these requirements, the SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County . If the SUBRECIPIENT fails to submit the required insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the SUB RECIPIENT shall be in default of the terms and conditions of the contract. K. INDEPENDENT AGENT AND EMPLOYEES The SUB RECIPIENT agrees that it will be acting as an independent agent and that its employees are not Collier County employees and is 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 REOUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A-II 0 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non- Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORD KEEPING 1. The SUBRECIPIENT shall maintain all records required by CDBG. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the pwpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Upon completion of all work contemplated 2008 CDBG DR! Project #2008-05 The School District ofColIier Count)' ImmokaJee Area Public Shelter Enhancements Page 8 of 26 Agenda Item No. 16D7 September 14, 2010 Page 92 of 109 under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records for six (6) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation ofHUD Labor Relations, WBEIMBE,.Equal Opportunity Employment, and BUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 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 SUB RECIPIENT will develop an indirect cost allocation plan for determining the appropriate SUB RECIPIENT'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 HUn 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 fmdings identified pursuant to this Agreement. The SUBRECIPIENT agrees that HHVS will carry out periodic monitoring and evaluation activities as detennined necessary. The continuation of this Agreement is dependent upon satisfactory 2008 CDBG DR! Project #2008-05 The School District of ColJier County Immokalee Area Public Shelter Enhancements Page 9 of26 Agenda Item No. 1607 September 14,2010 Page 93 of 109 evaluations. The SUB RECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUB RECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. ADDITIONAL HOUSING. HUMAN AND VETERAN SERVICES. COUNTY, AND BUD REOUIREMENTS The SUB RECIPIENT 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 $1 ,000 or more; (3) All out-of-town travel (travel shall be reimbursed in accordance with Chapter 112, Fla. 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 ofCDBG 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-lI0, A-122, 24 CFR Part 84, and 24 CFR Part 85. G. AUDITS AND INSPECTIONS 1. 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 HHVS to submit "Reduced Scope" audits (e.g., financial audit, performance audits). They may choose, instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the program in which they participate. 2008 CnBG DRI Project #2008-05 The School District of Collier County lmmokalee Area Public Shelter Enhancements Page IO of26 Agenda Item No. 1607 September 14, 2010 Page 94 of 109 3. When the requirements ofOMB A-133 apply, or when the SUBRECIPIENT elects to comply with OMB A-B3, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the SUBRECIPIENT. A copy of the audit report must be received by HHVS no later than six months following the end of the SUBRECIPIENT's fiscal year. 4. If an audit is required by Section G of this contract, but the requirements of OMB A-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 HHVS-federaI assistance has been received. In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards ofOMB A-133, as these maybe limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report must be received by HHVS no later than six months following each audit period. 5. The SUBRECIPIENT shall maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 6. The SUBRECIPIENT shall include in all HHVS approved subcontracts each of the record-keeping 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- 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 COUNTY. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income received by the SUBRECIPIENT or its sub-contractors shall be returned to the COUNTY unless the SUBRECIPIENT requests and is authorized by HHVS to utilize uncommitted funds. 1. GRANT CLOSEOUT PROCEDURES 2008 CDBG DR! Project #2008-05 The School District of Collier County lrnmokalee Area Public Shelter Enhancements Page 1 I of26 Agenda Item No. 1607 September 14, 2010 Page 95 of 109 SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. VIII. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUB RECIPIENT 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 MINORITYIWOMEN-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 ofthe CDBG areas designated by Collier County in the Annual eonsolidated Plan approved by HUD. C. PROGRAM BENEFIeIARIES At least fifty-one pefcent (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 defmed by HUD, Of serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. D. CONFLICT OF INTEREST The SUB RECIPIENT covenants that no person who presently exercises any functions or I 2008 CDBG DRI Project #2008-05 The School District of Collier County Immokalee Area Public Shelter Enhancements Page I2 of 26 Agenda Item No. 1607 September 14, 2010 Page 96 of 109 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 HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximwn 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 9 287.133, Fla. Stat. by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by ~ 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- 2008 CDBO DR! Project #2008-05 The School District of Collier County lmmokalee Area Public Shelter Enhancements Page I3 of26 Agenda Item No. 16D7 September 14, 2010 Page 97 of 109 grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. H. REAL PROPERTY Any real property acquired by the SUB RECIPIENT 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 SUB RECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the COBG Regulations at 24 CFR 570.505. IX. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUB RECIPIENT agrees to comply with the following requirements: 1. elean 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. 2008 COBG DR! Project #2008-05 The School District of Collier County Immokalee Area Public Shelter Enhancements Page 14 of26 Agenda Item No. 1607 September 14,2010 Page 98 of 109 X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBGfunds may not be used for religious activities or provided to primarily religious organizations. Section 24 CPR 570.2000) specifies the limitations on CDBG funds. XI. REVERSION OF ASSETS Upon expiration of the Agreement, the SUB RECIPIENT 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. 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 constitute 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. I 2008 CDBG DRI Project #2008-05 The School District of Collier County Immokalee Area Public Shelter Enhancements Page 15 of26 I Agenda Item No. 1607 fi9!~tJ' . A............. Page 99 of 109 IN WITNESS WHEREOF, the Subrectpient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this September 14, 2010. AITEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Dated: (SEAL) First Witness Type/print witness name Second Witness Type/print witness name I 2008 CDBO DRI Project 1#2008-05 The Scbool District of Collier County Immokalee Area Public Shelter &hanClllDCl1ts Page 160f26 FRED W. COYLE, CHAIRMAN School District of Collier County Kathleen Curatolo Board Chairperson Approved as to form and legal sufficiency: Jennifer White Assistant County Attorney ~~ Agenda Item No. 1607 September 14, 2010 Page 100 of 109 EXIDBIT "A" SCOPE OF SERVICES The School District of Collier County Generator Project A. PROJECT SCOPE: On May 25, 2010 the Board of Commissioners approved Disaster Recovery Grant Agreement #lODB-D4-09-21-01-K09 with the Florida Department of Community Affairs. Details of this scope of work are consistent with and support certain details of that agreement. The School District of Collier County will undertake improvements to the public facilities of lmmokalee High School and Immokalee- Middle School. The results of the project consists of the installation of a generator at Immokalee High School, a generator at Immokalee Middle School and installation of impact resistant windows and doors at Irnmokalee Middle School. This funding will cover all costs associated with the installation of two (2) generators and a minimum of 27 openings to be replaced with impact resistant windows or doors. The project will be further defined by the DCA approved bid specifications and contractor eligibility. The detailed project scope will be contained in the results of the solicitation for bid of the vendor awarded the project's construction contract. The project construction contr~~t will include details sufficient to document the number, amount and costs associated with all activities. The project activities will meet the U.S. Department of Housing and Urban Development's national objective to benefit low and moderate income areas. B. BUDGET Collier County Housing, Human and Veteran Services are providing ONE MILLION SIX HUNDRED THIRTY FIVE THOUSAND DOLLARS, ($1,635,000) in CDBG-DRI funding for the project scope described above. Line Item Description Public facilities improvements generators TOTAL Amount of CDBG-DRI Funds & $1,635,000 $1,635,000 I 2008 CDBG DRI Project #2008-05 The School District of Collier County Immokalee Area Public Shelter Enhancements Page 17 of26 Agenda Item No. 1607 September 14,2010 Page 101 of 109 C. PROJECT WORK PLAN The following Project Work Plan is in effect for program monitoring requirements only and as such, is not intended to be used as a payment schedule. Date Date Work Plan Start End 7/2010 10/201 0 Prepare Bid Documents 11/2010 12/2010 Procure Contractor 1/2011 3/2011 Permitting 412011 5/2012 Work Commencement 5/2012 5/2012 Work Competition 6/2012 6/2012 Final Inspections The above Project Work Plan details items to be completed and submitted by "Date End". Modifications to the above Work Plan require the approval of the Florida Department of Community Affairs and the Board of County Commissioners. A Work Plan modification will be required if the listed activity exceeds the assigned end date by 90 days or greater. Any modifications(s) will be made an integral component of this Agreement. D. PAYMENT SCHEDULE: Deliverable Payment Schedule Public Facilities Improvements & As invoiced per contractor's Schedule of Generators Val ues 2008 CDBG DR) Project #2008-05 The School District of Collier County Immokalee Area Public Shelter Enhancements Page 18 of 26 Agenda Item No. 1607 September 14, 2010 Page 102 of 109 EXHIBIT "B" INSURANCE REOUIREMENTS The SUBRECIPIENT shall furnish to eollier County, c/o Housing, Human and Veteran Services Department, 3301 E Tamiami Trail Bldg H 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, Florida Statutes. 2. Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 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 for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. 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 SUB RECIPIENT. 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.I.M.A. This policy will be provided as such time that he buildings' walls and roof exist. 2008 CDBG DR! Project #2008-05 The School District of Collier County Immokalee Area Public Shelter Enhancements Page 19 of26 Agenda Item No. 1607 September 14, 2010 Page 103 of 109 QpERATlONIMANAGEMENT PHASE (IF APPLICABLE) 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 for combined Bodily Injury and Property damage. Collier County must be shown as an additional insured with respect to this coverage. 8. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be sho'Wll as a Loss payee with respect to this coverage A.T.LM.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 (NFlP). The policy must show Collier County as a Loss Payee A.T.LM.A. EXHIBIT "C" 2008 CDBG DRI Project #2008-05 The School District of Collier County Immokalee Area Public Shelter Enhancements Page 20 of26 Agenda Item No. 1607 September 14, 2010 Page 104 of 109 ADDITIONAL CDBG GRANT REQUIREMENTS There are no additional grant requirements. 2008 CDBG DRI Project #2008-05 The School District of Collier County lmmokalee Area Public Shelter Enhancements Page 21 of26 D-l D-2 Agenda Item No. 1607 September 14,2010 Page 105 of 109 EXHIBIT "D" REQUIREDSUBMITTTALS Request for Payment CDBG Monthly Progress Report SCHEDULE "D-l" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT 2008 CDBG DRl Project #2008-05 The School District of Collier County lmmokalee Area Public Shelter Enhancements Page 22 of 26 Agenda Item No. 1607 September 14, 2010 Page 106 of 109 SECTION I: REOUEST FOR PAYMENT Subrecipient Name: _The School District of Collier County Subrecipient Address: 5775 Osceola Trail Naples, FL 34109 Project Name: Immokalee Area Public Shelter Enhancement Project No: DR 08-05 Dollar Amount Requested: $ Payment Request # SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $1,635,000.00 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 A warded 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 SUB RECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) 2008 CDBO DRI Project #2008-05 The School District of Collier County Immokalee Area Public Shelter Enhancements Page 23 of 26 Agenda Item No. 1607 September 14, 2010 Page 107 of 109 SCHEDULE "D-2" CDBG MONTHLY PROGRESS REPORT Completeformfor past month and submit to Housing &Human Service's staffby the uf' of the following month. Status Report for Month of Submittal Date: Project Name Immokalee Area Public Shelter Enhancement Project Number DR 08-05 Activity Number Subrecipient: The School ~istrict of Collier County Contact Person Alvah Hardv. Executive Director of Facilities Manae:ement Telephone: 239-377-0242 Fax:239-377-0256 E-mail: hardval(tVcollier.k12.fl.us 1. Activity StatuslMilestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? 3. Describe any affIrmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. New contracts executed this month (if applicable): 2008 CDBG DR! Project #2008-05 The School District of Collier County Immokalee Area Public Shelter Enhancements Page 24 of 26 Agenda Item No. 1607 September 14, 2010 Page 108 of 109 Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal 10 (see definitions (see definitions Number Number on following on following 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 number in box "5" below. Female Head of Households REGARDLESS of income. Enter this BOX 1 BOX 2 BOX 3 BOX4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51-80%) Household Persons Assisted (0-30%) (31-50%) / 2008 CDBG DRI Project #2008-05 The School District of Collier County ImmokaIee Area Public Shelter Enhancements Page 25 of26 Agenda Item No. 1607 September 14, 2010 Page 109 of 109 1~!~ll[,111!1~~I~if~~il~;i~~~ffi'"I~J:'i,:\,;,iilJjl'l'1!:1':~"]\ i..""!'!i"'I'i"'!:',;n!!,li:';!;'~:'~;!~!f,~l!~mU!~:il~i~!jll~[~1 SubreciDient's must indicate total beneficiaries for Race AND Ethnicitv Definitions of Race: White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Black or African-American: A person having origins in any of the black racial groups of Africa. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicitv Beneficiaries White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black! African American and White American Indian! Alaskan Native and Black! African American Other Multi-Racial TOTAL: 2008 CDBG DRI Project #2008-05 The School District of Collier County Immokalee Area Public Shelter Enhancements Page 26 of 26