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Backup Documents 05/22/2012 Item #16D 3rrv� ORIGINAL DOCUMENTS CHECKLIST & ROUTING D 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the - - - - ention f the Chairman's sionahire draw a line throneh routine lines #I through #4- complete the checklist. and forward to Ian Mitchell (line #5). o - - Route to Addressee(s) (List in routing order) Office Initials Date 1. Lisa Oien Housing, Human & Veteran Services Department (Initial) Please call or e-mail 2. Jennifer White CAO L.O. S 1 3. Ian Mitchell, Executive Manager Board of County Commissioners Agenda Item Number 5121 t't, 4. Fred Coyle Chairman, Board of County Commissioners Type of Document 5. Minutes and Records Clerk of Courts Office —�$M`R fl(1 23 Z PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, needs to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item ) Name of Primary Staff Lisa Oien/Housing & Human Services Phone Number 252 -6141 Contact appropriate. (Initial) Please call or e-mail I . Original document has been signed/ initialed for legal sufficiency. (All documents to be L.O. for pick u Agenda Date Item was 5/22/2012 Agenda Item Number 16.13.3 Approved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document Modification 1 to Agreement 12DB- P5 -09- Number of Original 3 Attached 21- 0I -K39 between Collier County and Documents Attached Department of Economic Opportunity 2. (DEO G1 J " c ee IZZ f L.O. INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) I . Original document has been signed/ initialed for legal sufficiency. (All documents to be L.O. signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's L.O. Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the L.O. document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's L.O. signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip L.O. should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 4/10/2012 and all changes made during L.O. the meeting have been incorporated in the attached document. The County Attorney's 1W Office has reviewed the changes, if applicable. I 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1603 " MEMORANDUM Date: May 23, 2012 To: Lisa Oien, Grants Coordinator Housing, Human &Veteran Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Modification #1 to Agreement 12DB- P5- 09- 21- 01 -K39 with the Department of Community Affairs Attached are three (3) original copies of the document referenced above, (Item #16D3) approved by Board of County Commissioners on May 22, 2012. After forwarding for signature and subsequent return, please send an executed original agreement to the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252 -8406. Thank you. Attachments (3) 16 D3 MEMORANDUM Date: May 23, 2012 To: Louise Pelletier, Case Management Housing, Human &Veteran Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Modification #1 to Agreement 12DB- P5- 09- 21- 01 -K39 with the Department of Community Affairs Attached are three (3) original copies of the document referenced above, (Item #16D3) approved by Board of County Commissioners on May 22, 2012. After forwarding for signature and subsequent return, please send an executed original agreement to the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252 -8406. Thank you. Attachments (3) 1603 Department of Community Affairs — Disaster Recovery Community Development Block Grant Program Modification to Subgrant Agreement MODIFICATION NUMBER 1 TO SUBGRANT AGREEMENT BETWEEN THE DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY This Modification is made and entered into by and between the State of Florida, Department of Community Affairs, ( "the Department "), and Collier County, (`the Recipient "), to modify DCA Contract Number I2DB- P5- 09- 21- 01 -K39, award dated March 7, 2012 (`the Agreement "). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a subgrant of $3,335,131.91 to Recipient under the Disaster Recovery Community Development Block Grant ( "CDBG ") Program as set forth in the Agreement; WHEREAS, the Department and the Recipient desire to modify the Agreement; NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: ffl Reinstate Agreement 1. The Agreement is hereby reinstated as though it had not expired. ❑ Extend Agreement 2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of (Type in date, if applicable). ® Revise Activity Work Plan The Attachment I, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment 1, Activity Work Plan section, which is attached hereto and incorporated herein by reference. ® Revise Program Budget and Scope of Work 4. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference. 16 D3 Department of Community Affairs — Disaster Recovery Community Development Block Grant Program Modification to Subgrant Agreement Modification Number: 1 DCA Contract Number: 12DB- P5- 09- 21- 01 -K39 Recipient: Collier County Page 2 ❑ Change in Participating Parties 5. The Attachment A, Program Budget and Scope of Work section, is hereby modified to delete all references to "(Type in name, if applicable.)," as the Participating Party, and replace them with "(Type in name, if applicable.)' as the Participating Party with the understanding that the Recipient and the new Participating Party will enter into a Participating Party Agreement containing provisions and caveats that meet or exceed the conditions agreed to in the Participating Party Agreement between the Recipient and the original Participating Party. ❑ Inclusion of an Unmet Need as Addressed in the Original Application 6. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference. 7. The Attachment B, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B, Activity Work Plan section, which is attached hereto and incorporated herein by reference. ❑ Change in Number of Accomplishments and /or Beneficiaries The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference. ❑ Modify Additional Special Conditions in Original Contract 9. The Attachment J, Special Conditions section of the Agreement is hereby amended to include additional grant requirements, and is attached hereto and incorporated herein by reference. All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 1603 Department of Community Affairs — Disaster Recovery Community Development Block Grant Program Modification to Subgrant Agreement Modification Number: 1 DCA Contract Number: 12DB- P5- 09- 21- 01 -K39 Recipient: Collier County Page 3 IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. Department of Community Affairs Recipient: Collier County By: By: Name: Ken Reecy Name: Fred W. Coyle Title: Director, Division of Housing Title: Chairman. Board of Collier County Commissioners and Community Development Date: Date: S o? aQ n"TEST Clerk App"Ovsd b krM & le al Sufficiency sal nt ,�, County Attorney N C a L O Q W a H Q r r N M N W) M M a M Q � CL m Im 0- 40 F o a` m M Y 1 r O r N 06 c o0 O N U � L d d U E Z C +� � V 'a .G� O w 0 1603 a o �- 'O d C y C a`—°O °m 0 401 3 44 cr C3 CL Q N T m 41 d W Cl) CC W LO CL 3 W O cp Cl) a 0- C m M M �a-c o�w C C u) C O - L V Cc . � LL O U ` >"o Oa� c0- 0 C N .- it O U 4QC-i MI z m 4 N N ` V1 m cc C C co C 4) C C.7) 0� .O .� Q U Q U u% N •— o C cA U ' 'y h � n C O y U N •� N U C C- 4 0 p n a 4) a 2= u'o U cn o N o L V 0 :3 c c m m Z� �_ ., LL w c rn 0 N 4) y m U W 0 Cl. 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"Shift Tab" lets you move backwards. 2. Type in the Modification Number in the three fields where it asks for the number. Type in the Contract Number in the three fields where it asks for the number. 4. Type in the Local Government Name in the five fields where it asks for the Recipient. 5. Type in the Date and Subgrant Amount in the fields on the first page where it asks for the information. 6. Move the cursor to the appropriate box(es) to indicate the modification(s) being requested. Left "click" on the box and an "X" will appear, indicating that the section is being modified. If the modification seeks to extend the end of the subgrant, type in the new date on the appropriate line. 8. If the modification makes changes to the "Participating Parties," type in the names where indicated. 9. On page 3, type in the name of the person signing the modification and the person's title. The date must be handwritten. (The person signing the modification must have signature authority.) 10. Submit three originals of the modification along with the required supporting documentation. ORIGINAL DOCUMENTS CHECKLIST & ROUTING S11603 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exce tion of the Chairman's si nature draw a line throne routing lines #I through #4, complete the checklist, and forward to Sue Filson (line 45). Route to Addressee(s) List in routing order Office Initials Date 1. Initial Please call or email for 2. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the JBW 3. 05/22/12 Agenda Item Number 16.D.3 4. Jennifer B. White, Assistant County Attorney County Attorney 5. Ian Mitchell, BCC Executive Manager Board of County Commissioners Number of Original aye 6. Minutes and Records Clerk of Court's Office Documents Attached PRIMARY CONTACT INFORMATION q, V) z (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Lisa Oien Phone Number 252 -6141 Contact Initial Please call or email for icku Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the JBW Agenda Date Item was 05/22/12 Agenda Item Number 16.D.3 Approved by the BCC County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the Type of Document DREF Subrecipient Agreement with Collier Number of Original 3 Attached County Housing Authority (Farm Worker Documents Attached Village) INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ((matter number» / «document_number» Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not Initial Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the JBW Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and N/A all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or JBW the final ne otiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and JBW initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be N/A provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 05/22/12 and all changes made during the meeting JBW have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ((matter number» / «document_number» 1603 MEMORANDUM Date: May 30, 2012 To: Lisa Oien, Grants Coordinator Housing, Human &Veteran Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: CDBG DREF Subrecipient Agreement #12DB- P5- 09- 21- 01 -K39 with the Collier County Housing Authority (Farm Worker Village Hurricane Hardening) Attached are two (2) original copies of the document referenced above, (Item #16D3) approved by Board of County Commissioners on Tuesday, May 22, 2012. The third original agreement will be held on file in the Minutes and Record's Department for the Board's Official Record. If you have any questions, please contact me at 252 -8406. Thank you. Attachments (2) 16D3 AGREEMENT BETWEEN COLLIER COUNTY AND Collier County Housing Authority Farm Worker Village, Hurricane Hardening Catalog of Federal Domestic Assistance # 14.228 HUD Grant, Florida Department of Economic Opportunity # 12DB- P5- 09- 21- 01 -K39 Rule: Chapter 913-43, Florida Administrative Code THIS AGREEMENT is made and entered into by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY "), and the "Collier County Housing Authority," a special unit of government existing under the laws of the State of Florida, having its principal office 1800 Farm Worker Way, Immokalee, Fl. 34142, and its Federal Tax Identification number as 59- 1490555 and DUNS #, 0409775514 ( "SUBRECIPIENT "). WHEREAS, the COUNTY has entered into an agreement with the Florida Department of Economic Opportunity (DEO) for a grant for the execution and implementation of a Community Development Block Grant/Disaster Recovery Enhancement Funds (DREF) 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 Fiscal Year 2011 to Fiscal Year 2016 Collier County Five -Year Consolidated Plan and. - One -Year Action Plan for Federal Fiscal Year 2011 -2012 for the CDBG Program with Resolution 2011 -136 on July 26, 2011 - Agenda Item l OH; 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 2011 -2012 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit "A" of this Agreement, in accord with the approved Consolidated Plan; and the CDBG/ DREF agreement #12DB- P5- 09 -21 -01 -K39 between Collier County and the DEO; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such Page 1 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08 -0 16D3 undertakings of the CDBG Program as a valid and worthwhile County purpose. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (A) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (B) "CDBG" means the Community Development Block Grant Program. (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 Collier County Housing Authority. (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." (I) "DEO" means the Florida Department of Economic Opportunity. 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 The effective date of the Agreement between Collier County Housing Authority and Collier County shall be May 22, 2012. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. All services required hereunder shall be completed by the SUBRECIPIENT prior to February 1, 2014. 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 by the COUNTY using HUD /DREF funding for allowable costs, determined by COUNTY, in an amount not to exceed Seven Hundred Thirty Two Thousand Six Hundred Sixteen Dollars and Seventy Two Cents ( $732,616.72) in U.S. Dollars 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. Page 2 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08 -0 16D3 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 but, not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with § 218.70, Fla. Slat., otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHVS. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HHVS at its office, presently located at 3339 E Tamiami Trail, 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 SUBRECIPIENT shall notify HHVS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by HHVS or its designee within forty -five (45) days of said official notification. B. DEBARMENT The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. C. LOCAL AND FEDERAL RULES REGULATIONS AND LAWS The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations and orders of the State, local and Federal governments, including, but not limited to: 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Title VI of the 1964 Civil Rights Act, 42 USC § 2000d, et. seq. Page 3 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08 -0 16D3 4. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 5. Executive Order 11246 (`Equal Employment Opportunity "), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted. with federal funds. 6. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et, seq. 7. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended.. The required "Section 3 Clause" and notification requirements are set forth in Exhibit "C ". 8. Age Discrimination Act of 1975. 9. Contract Work Hours and Safety Standards Act, 40 USC 327 -332. 10. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5). 11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 12. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c)). 13, Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 14. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal. percentages for participation of minority businesses in Community Development Block Grant Contracts. 15. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 16. OMB Circular A -133 - concerning annual audits. 17. OMB Circular A -122 - which 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. Page 4 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08 -0 16D3 20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 21. Chapter 112, Florida Statutes. 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of SUBRECIPIENT with full decision- 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. Compliance - Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and Page 5 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08 -0 16D3 binding upon the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low - income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low - income persons residing in the metropolitan area in which the project is located." The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low - income persons residing within the metropolitan area in which the CDBG - funded project is located; where feasible, priority should be given to low- and very low - income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead - based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low - income persons residing within the metropolitan area in which the CDBG - funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low - income residents within the service area or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. a. Notifications The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. b. Subcontracts Page 6 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08 -0 16D3 The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to HHVS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Scope of Services set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department, Florida Statutes and HUD. Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without 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. Page 7 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08-0 16D3 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 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 I -3 as follows, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to HHVS or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set -off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. 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.) 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.) 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 DEO specifies. 1. INSURANCE Page 8 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08 -0 IM41 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. 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 SUBRECIPIENT shall be in default of the terms and conditions of the contract. K. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of law applicable to County employees relative to employments, hours of work, rates of compensation, leave, unemployment and employee benefits. VII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non -Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORDKEEPING The SUBRECIPIENT shall maintain all records required by CDBG. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the 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 Page 9 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08 -0 1603 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 hinds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit "D," Schedule "D -2." 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis - Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and. with other federal requirements for grant implementation. 6. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation plan for determining the appropriate SUBRECIPIENT'S share of administrative costs and shall submit such plan to the COUNTY for approval, in a form specified by the COUNTY. 7. Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. 8. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. 9. The SUBRECIPIL -NT further agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. REPORTS AUDITS AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this 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, DEO or HUD to enable HHVS to evaluate said progress and to allow for completion of Page 10 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08 -0 1603 reports required. The SUBRECIPIENT shall allow HHVS, DEO or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS, DEO or HUD. D. ADDITIONAL HOUSING HUMAN AND VETERAN SERVICES COUNTY, AND HUD REOUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. E. WRITTEN APPROVALS (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 of CDBG funds, whether for merit or cost of living. F. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85. G. AUDITS AND INSPECTIONS Non - profit organizations that expend $500,000 or more annually in federal awards shall have a single or program - specific audit conducted for that year in accordance with OMB A -133. Non -profit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program - specific audit performed in accordance with OMB A -133. 2. Non - profit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A- 133, although their records must be available for review (e.g., inspections, evaluations). These agencies are required by 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. Page 11 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08 -0 i • 1 � 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 SUBRECIPIENT's fiscal year or on the basis of the period during which HHVS - federal assistance has been received. In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMB A -133, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report must be received by HHVS no later than six months following each audit period. 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 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 ftinds. 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, Page 12 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08 -0 1603 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 SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower - income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services, the SUBRECIPIENT shall make a positive effort to utilize small business and minority /women -owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible, these small business and minority /women -owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty -one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. 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 SUBRECIMENT 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 Page 13 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08 -0 16D3 moderate - income residents of the project target area. E. PUBLIC 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 § 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. 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. Page 14 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08 -0 1603 Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. IX. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT agrees to comply with the following requirements: 1. Clean Air Act, 41 USC 7401, et seq. 2. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and /or reduce the cost of said flood insurance. C. LEAD -BASED PAINT The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608. D. HISTORIC PRESERVATION The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 USC 470) and the procedures set forth in 36 CFR 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties. X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. Section 24 CFR 570.2000) specifies the limitations on CDBG funds. XI. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non - expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control will be covered by the regulations 24 CFR 570.503(B)(8). XII. SEVERABILITY Page 15 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08 -0 r M � 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 nine (29) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XIV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. SIGNATURE PAGE TO FOLLOW PAGE LEFT INTENTIONALLY BLANK Page 16 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08 -0 16D3 IN WITNESS WHEREOF, the Subrecipient and the County, have each remnect; vely, by an authorized person or agent, hereunder set their hands and seals on this 44a; of ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E..BROC ,CLARK COLLIER O� /jNTlY,, FLORIDA t /-L'j By: eputy Clerk FRED W. COYLE, CHA First Witness Type /print witness na&e Ldwiess Type /print Witness name Esrneralda Serrata, Executive Director Approved as to form and legal sufficiency: Jenniferl to Assistant County Attorney Item # .LU Dote Page 17 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08-0 �.1 i 1603 EXHIBIT "A" SCOPE OF SERVICES COLLIER COUNTY HOUSING AUTHORITY Farm Worker Village, Hurricane Hardening A. PROJECT SCOPE: On January 24, 2012 the Board of Commissioners approved Disaster Recovery Enhancement fund grant #12DB- P5- 09- 21 -01 -K 39 with the Florida Department of Economic Opportunity (DEO). Details of this scope of work are consistent with and support certain details of that agreement. The Collier County Housing Authority will undertake a Hurricane Hardening project at their facility, Farm Worker Village, whose office is located at 1800 Farm Worker Way, Immokalee, Florida 34112. The sum of $732,616.72 will be used to create the projects plans and specifications, install impact resistant windows and exterior doors on approximately 100 housing units. The project will be further defined by the projects bid results and contractor approval by the DEO. The detailed project scope will be contained in the bid specifications, the contractors bid and the awarded 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 Seven Hundred Thirty Two Thousand Six Hundred Sixteen Dollars and 72/100 ($732,616.72) in CDBG /DREF funding for the project scope described above. Line Item Description CDBG Funds Multi -Unit Rehabilitation Hurricane Hardening $ 732,616.72 TOTAL $ 732,616.72 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. Page 18 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08 -0 1 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 Start Date End Work Plan 5/2012 10/2012 Prepare project plans and specifications 11/2012 2/2013 Procure eligible Contractor(s) 3/2013 5/2013 Begin Construction 6/2013 8/2013 Construction 33% complete 9/2013 11/2014 Construction 66% complete 12/2013 2/2014 Construction 100% complete and project close out D. PAYMENT SCHEDULE The following table details the project deliverables and payment schedule. Deliverable I Payment Schedule Hurricane Hardening I As invoiced per contractor's schedule of values Page 19 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DRFF 08 -0 EXHIBIT "A -L" CHANGE BY LETTER A, COLLIER COUNTY GOVERNMENT Collier County Housing, Human and Veteran Services_ Public Services Division _ Date Contact Name Name of Firm Address RE: Zero Dollar Contract Change Notification Re: Contract # and Title of Contract Project # Purchase Order # Dear Contact Name: User Name Address NAPLES, FLORIDA Zip code PHONE: (239) Phone # FAX (239) Fax # By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below: (— The above referenced contract time is hereby extended by Number of days calendar days. The new completion date shall be on or before month and date, Year. By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal rights, including, but not limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should circumstances warrant with regard to the referenced contract. r Additional Staffing Categories Professional Position(s) Hourly Rate(s) r- Draw against Allowance (specify allowance item and identify specific items and quantities) F- Other: Scope Clarifications as indentified in Schedule B -1, "Clarifications in Scope ", (attached). Sincerely, Your name Title cc: Contract Specialist Name Contract Specialist, Purchasing Department Suzanne Boothby, Clerk's Grants Department Page 20 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08 -0 16D3 EXHIBIT `B" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s) 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: S. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. Flood Insurance shall be provided for those properties found to be within a flood hazard zone, in an amount not less than the full replace values of the completed structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP), whichever is greater. The policy will show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided as such time that he buildings' walls and roof exist. OPERATION /MANAGEMENT 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: Page 21 of 29 Collier County Housing Authority farm Worker Village, Hurricane hardening DREF 08 -0 6 6 � 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°/x) 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. Page 22 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08 -0 MIT EXHIBIT "C" ADDITIONAL CDBG GRANT REQUIREMENTS There are no additional grant requirements Page 23 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08 -0 16D3 EXHIBIT "D" REQUIRED SUBMITTALS D -1 Request for Payment D -1a Release and Affidavit Form D -2 CDBG Monthly Progress Report Page 24 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08 -0 6 � ' SCHEDULE "D -1" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Collier County Housing Authority Subrecipient Address: 1800 Farm Worker Way Immokalee, Fl. 34142 Project Name: Farm Worker Village, Hurricane Hardening Project No: DREF 08 -03 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 732,616.72 2. Sum. of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Supervisor, Dept Director Date (approval authority under $14,999) (approval required $15,000 and above) Page 25 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08 -0 16D3 SCHEDULE "D -la" RELEASE AND AFFIDAVIT FORM The SUBRECIPIENT certifies for itself and its contractors, subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied. and paid. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final) Request for Payment. SUBRECIPIENT Witness: BY: BY: ITS: President DATE: Print name and title STATE OF 1jus ILIWK611 The foregoing instrument was acknowledged before me this day of , 20 , by , as of Collier County Housing Authority A Special unit of government on behalf of a special unit of government. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08 -0 Notary Public, State of Page 26 of 29 Commission No.: 16D3 SCHEDULE "D -2" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing, Human and Veteran Service's staff by the J#h of the following month. Status Report for Month of Project Name Collier County Housing Authority Submittal Date: Project Number DREF 08 -02 Activity Number Subrecipient: Collier Coug1y Housing Authority Contact Person Esmeralda Serrata Telephone: (239) 657 -3649 Fax: (239) 657 -7232 E -mail: ESerrata a,cchafl.org 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): 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 27 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08 -0 16D3 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]. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this nurnher in hnx "5" helow_ 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 %) Page 28 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08 -0 .E Subrecipient's must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Black or African- American: A person having origins in any of the black racial groups of Africa. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicity Beneficiaries White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi- Racial TOTAL: Page 29 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DREF 08 -0 ORIGINAL DOCUMENTS CHECKLIST & ROUTING S14P4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J. V D 3 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's signature- draw a line through routine lines #1 through #4, complete the checklist, and forward to Ian Mitchell (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. Lisa Oien Housing, Human & Veteran Services Department (Initial) Please call or e-mail 2. Jennifer White CAO L.O. for ick u Agenda Date Item was 3. Ian Mitchell, Executive Manager Board of County Commissioners 16.D.3 Approved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document 4. Fred Coyle Chairman, Board of County Commissioners 3 Attached 5. Minutes and Records Clerk of Courts Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, needs to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item -) Name of Primary Staff Lisa Oien/Housing & Human Services Phone Number 252 -6141 Contact appropriate. (Initial) Please call or e-mail 1. Original document has been signed/ initialed for legal sufficiency. (All documents to be L.O. for ick u Agenda Date Item was 5/22/2012 Agenda Item Number 16.D.3 Approved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document DREF Subrecipient Agreement 12DB -P5- Number of Original 3 Attached 09- 21- 01 -K39 with Florida Non - Profit Documents Attached Services, Inc. (Esperanza Place) INSTRUCTIONS & CHECKLIST L Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/ initialed for legal sufficiency. (All documents to be L.O. signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's L.O. Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the L.O. document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's L.O. signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip L.O. should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 5/22/2012 and all changes made during L.O. the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. L Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1603 MEMORANDUM Date: May 29, 2012 To: Lisa Oien, Grants Coordinator Housing, Human &Veteran Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: CDBG DREF Subrecipient Agreement #12DB- P5- 09- 21- 01 -K39 with Florida Non - Profit Services, Inc. (Esperanza Place, Flood and Drainage) Attached are two (2) original copies of the document referenced above, (Item #16D3) approved by Board of County Commissioners on Tuesday, May 22, 2012. The third original agreement will be held on file in the Minutes and Record's Department for the Board's Official Record. If you have any questions, please contact me at 252 -8406. Thank you. Attachments (2) 16D3 AGREEMENT BETWEEN COLLIER COUNTY AND FLORIDA NON- PROFIT SERVICES, INC Esperanza Place, Flood and Drainage Catalog of Federal Domestic Assistance # 14.228 HUD Grant, Florida Department of Economic Opportunity # 12DB-P5 -09-2 1 -01 -K3 9 Rule: Chapter 9B -43, Florida Administrative Code THIS AGREEMENT is made and entered into by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY "), and the "Florida Non -Profit Services, Inc. ", a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at 900 Broad Avenue South #2 -C Naples, Florida 34102, and its Federal Tax Identification number as 20- 5005877 and DUNS #, 825351021 ( "SUBRECIPIENT "). WHEREAS, the COUNTY has entered into an agreement with the Florida Department of Economic Opportunity (DEO) for a grant for the execution and implementation of a Community Development Block Grant/Disaster Recovery Enhancement Funds (DREF) 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 Fiscal Year 2011 to Fiscal Year 2016 Collier County Five -Year Consolidated Plan and - One -Year Action Plan for Federal Fiscal Year 2011 -2012 for the CDBG Program with Resolution 2011 -136 on July 26, 2011 - Agenda Item 1011; and WHEREAS, Resolution 08 -121 was developed following the Collier County Consolidated Plan — Citizen Participation Plan, adopted on January 9, 2001 with Resolution 01 -02; and WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2010 -2011 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit "A" of this Agreement, in accord with the approved Consolidated Plan; and the CDBG/ DREF agreement between Collier County and the DEO; and Florida Non - Profit Services, Inc. DREF 08 -04 Esperanza, Flood and Drainage Page 1 of 29 1603 WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the CDBG Program as a valid and worthwhile County purpose. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (A) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (B) "CDBG" means the Community Development Block Grant Program. (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 Florida Non -Profit Services, Inc. (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." (I) "DEO" means the Florida Department of Economic Opportunity. 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 The effective date of the Agreement between Florida Non -Profit Services, Inc. and Collier County shall be May 22, 2012. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. All services required hereunder shall be completed by the SUBRECIPIENT prior to February 1, 2014. 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 by the COUNTY using HUD /DREF funding for allowable costs, determined by COUNTY, in an amount not to exceed Thirty Three Thousand Two Hundred Fifty Dollars and 00/100, ($33,250.00) 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. Florida Non - Profit Services, Inc. DREF 08 -04 Esperanza, Flood and Drainage Page 2 of 29 N•1 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 but, not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with § 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHVS. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HHVS at its office, presently located at 3339 E Tamiami Trail, 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 SUBRECIPIENT shall notify HHVS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by HHVS or its designee within forty -five (45) days of said official notification. B. DEBARMENT The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. C. LOCAL AND FEDERAL RULES REGULATIONS AND LAWS The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations and orders of the State, local and Federal governments, including, but not limited to: 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 1964 Civil Rights Act, 42 USC § 2000d, et. seq. Florida Non -Profit Services, Inc. DREF 08 -04 Esperanza, Flood and Drainage Page 3 of 29 16D3 4. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 5. Executive Order 11246 ( "Equal Employment Opportunity "), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 6. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. 7. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended.. The required "Section 3 Clause" and notification requirements are set forth in Exhibit "C ". 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 135.1 l(c)). 13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 14. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 15. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 16. OMB Circular A -133 - concerning annual audits. 17. OMB Circular A -122 - which 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. Florida Non -Profit Services, Inc. DREF 08 -04 Esperanza; Flood and Drainage Page 4 of 29 •1 19. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. 20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 21. Chapter 112, Florida Statutes. 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of SUBRECIPIENT with full decision - 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. Florida Non -Profit Services, Inc. DREF 08 -04 Esperanza, Flood and Drainage Page 5 of 29 Mi 26. Compliance - Compliance with the provisions of Section 3 of the HUD Act of 1958, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low - income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low- income persons residing in the metropolitan area in which the project is located." The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG - funded project is located; where feasible, priority should be given to low- and very low - income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead - based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low - income persons residing within the metropolitan area in which the CDBG - funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low - income residents within the service area or the neighborhood in which the project is located, and to low - and very low - income participants in other HUD programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. a. Notifications The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, Florida Non - Profit Services, Inc. DRIF 08 -04 Esperanza, Flood and Drainage Page 6 of 29 if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. b. Subcontracts The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to HHVS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Scope of Services set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department, Florida Statutes and HUD. Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without 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 Florida Non -Profit Services, Inc. DREF 08 -04 Esperanza, Flood and Drainage Page 7 of 29 A 1 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 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 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 SUBRECIPIENT with funds under this Agreement shall be returned to HHVS or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set -off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. (See 24 CFR 85.43.) 2. . TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. (See 24 CFR 85.44.) 3. TERMINATION DUE TO CESSATION Florida Non - Profit Services, Inc. DREF 08 -04 Esperanza Flood and Drainage Page 8 of 29 1603 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 DEO 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. 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 SUBRECIPIENT shall be in default of the terms and conditions of the contract. K. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of law applicable to County employees relative to employments, hours of work, rates of compensation, leave, unemployment and employee benefits. Vii. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORDKEEPING The SUBRECIPIENT shall maintain all records required by CDBG. Florida Non -Profit Services, Inc. DREF 08 -04 Esperanza, Flood and Drainage Page 9 of 29 r 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 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." The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis - Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 6. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation plan for determining the appropriate SUBRECIPIENT' S share of administrative costs and shall submit such plan to the COUNTY for approval, in a form specified by the COUNTY. 7. Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. 8. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. 9. The SUBRECIPIENT further agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. REPORTS, AUDITS, AND EVALUATIONS Florida Non -Profit Services, Inc. DREF 08 -04 Esperanza, Flood and Drainage Page 10 of 29 16D3 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, DEO or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS, DEO or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS, DEO 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 of CDBG funds, whether for merit or cost of living. F. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -110, A -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. Florida Non -Profit Services, Inc. DREF 08 -04 Esperanza, Flood and Drainage Page 11 of 29 IMX�l 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. 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 SUBRECIPIENT's fiscal year or on the basis of the period during which HHVS - federal assistance has been received. In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMB A -133, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report must be received by HHVS no later than six months following each audit period. 5. The SUBRECIPIENT shall maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly 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 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. Florida Non - Profit Services, Inc. DREF 08 -04 Esperanza, Flood and Drainage Page 12 of 29 16D3 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. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. VIII. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower - income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN -OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women -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. Florida Non - Profit Services, Inc. DREF 08 -04 Esperanza, Flood and Drainage Page 13 of 29 16D3 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 paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. E. PUBLIC ENTITY CRIMES As provided in § 287.133, Fla. 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, Ioan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Florida Non -Profit Services, Inc. DREF 08 -04 Esperanza, FIood and Drainage Page 14 of 29 16D3 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. 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 Florida Non -Profit Services, Inc. DREF 08 -04 Esperanza, Flood and Drainage Page 15 of 29 16D3 CDBG funds may not be used for religious activities or provided to primarily religious organizations. Section 24 CFR 570.2000) specifies the limitations on CDBG funds. XI. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non - expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control will be covered by the regulations 24 CFR 570.503(B)(8). XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. XIII. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of Twenty Nine (29) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XIV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. SIGNATURE PAGE TO FOLLOW REMAINDER OF PAGE LEFT INTENTIONALLY BLANK Florida Non - Profit Services, Inc. DREF 08 -04 Esperanza, Flood and Drainage Page 16 of 29 16D3 M WITNESS WMR.EOF, the Subrecipient and the County, have each, respegtively, by an authorized person or agent, hereunder set their hands and seals on this a) a. n d day of .20 1Z D'VV�CI3'I £: B1CK'CLERK Merk Dated: T wa- (SEAL) First Witness Type/print witrl s name Second Witness t�ge'/print witness name Florida Non -Profit Services, Inc. DREF 08-04 Esperanaa, Flood and Drainage BOARD OF COUNTY COMMISSIONERS OF COLLIER O l �Y,,FFLORIDA By: "'" W r FRED W. COYLE, C '! 5 /-� 7 �/ �/- -- Carl J. Kuehner, Chairman Approved as to form and legal sufficiency: Jennifer frWhite ,� Assistant County Attomey� Page 17 of 29 Item # -� Agenda tech 22 2 Data Redd 2 EXHIBIT "A" SCOPE OF SERVICES Florida Non - Profit Services, Inc. Esperanza Place, Flood and Drainage A. PROJECT SCOPE: 16D3 On January 24, 2012 the Board of Commissioners approved Disaster Recovery Enhancement fund grant # 12DB-P5-09-2 1 -0 1 -K 39 with the Florida Department of Economic Opportunity (DEO). Details of this scope of work arc consistent with and support certain details of that agreement. Florida Non -Profit Services, Inc. will undertake a flood and drainage improvement project located at Esperanza Place Apartments in Immokalee. The sum of $33,250 will be used to provide a perimeter swale as designed for the property. This would involve the excavation of no less than 1,050 linear feet of trench, approximately 20 -feet wide at an average depth of 3- feet. The detailed project scope will be contained in the bid specifications, the contractors bid and the awarded 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 Thirty Three Thousand Two Hundred fifty, Dollars and 00 /100 ($33,250.00) in CDBG funding for the project scope described above. Line Item Description CDBG Funds Flood and drainage Improvements $ 33,250.00 TOTAL $ 33,250.00 Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. Florida Non - Profit Services, Inc. DREF 08 -04 Esperanza, Flood and Drainage Page 18 of 29 16D3 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 Start Date End Work Plan 5/2012 10/2012 Prepare project plans and specifications 1 1/2012 2/2013 Procure eligible Contractor(s) 3/2013 5/2013 Begin Construction 6/2013 8/2013 Construction 33% complete 9/2013 11/2013 Construction 66% complete 12/2013 2/2014 Construction 100% complete and project closeout D. PAYMENT SCHEDULE The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Provide a perimeter swale As invoiced per contractor's schedule of values Florida Non -Profit Services, [nc. DREF 08 -04 Esperanza, Flood and Drainage Page 19 of 29 EXHIBIT "A -1" CHANGE BY LETTER COLLIER COUNTY GOVERNMENT Collier County Housing, Human and Veteran Services Public Services Division Date Contact Name Name of Firm Address RE: Zero Dollar Contract Change Notification Re: Contract # and Title of Contract Project # Purchase Order # Dear Contact Name: User Name Address NAPLES, FLORIDA Zip code PHONE: (239) Phone # FAX (239) Fax # .r By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below: I— The above referenced contract time is hereby extended by Number of days calendar days. The new completion date shall be on or before month and date, Year. By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal rights, including, but not limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should circumstances warrant with regard to the referenced contract. Additional Staffing Categories Professional Position(s) Hourly Rate(s) r Draw against Allowance (specify allowance item and identify specific items and quantities) r Other: Scope Clarifications as indentified in Schedule B -I, "Clarifications in Scope ", (attached). Sincerely, Your name Title cc: Contract Specialist Name Contract Specialist, Purchasing Department Suzanne Boothby, Clerk's Grants Department Florida Non -Profit Services, Inc. DREF 08 -04 Esperanza, Flood and Drainage Page 20 of 29 1603 EXHIBIT `°B" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 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 PRASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original policies indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. Flood Insurance shall be provided for those properties found to be within a flood hazard zone, in an amount not less than the full replace values of the completed structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP), whichever is greater. The policy will show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided as such time that he buildings' walls and roof exist. OPERATION /MANAGEMENT PHASE (IF APPLICABLE) Florida Non - Profit Services, Inc. DREF 08 -04 Esperanza, Flood and Drainage Page 21 of 29 ibo3 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. S. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 9. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Florida Non - Profit Services, Inc. DREF 08 -04 Esperanza, Flood and Drainage Page 22 of 29 16D3 EXHIBIT "C" ADDITIONAL CDBG GRANT REQUIREMENTS There are no additional grant requirements Florida Non - Profit Services, Inc. DREF 08 -04 Esperanza, Flood and Drainage Page 23 of 29 16D3 EXHIBIT "D" REQUIRED SUBMITTALS D -1 Request for Payment D -1a Release and Affidavit Form D -2 CDBG Monthly Progress Report Florida Non - Profit Services, Inc. DREF 08 -04 Esperanza, Flood and Drainage Page 24 of 29 1603 SCHEDULE "D -1" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Florida Non -Profit Services Inc. Subrecipient Address: 900 Broad Avenue South Naples, Florida 34102 Project Name: EsReranza, Flood and Drainage Project No: DREF 08 -04 Payment Request # Dollar Amount Requested: SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account $ $33,250.00 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) Florida Non - Profit Services, Inc. DREF 08 -04 Esperanza, Flood and Drainage Page 25 of 29 SCHEDULE "D -1a" RELEASE AND AFFIDAVIT FORM The SUBRECIPIENT certifies for itself and its contractors, subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final) Request for Payment. Witness: Print name and title STATE OF COUNTY OF SUBRECIPIENT BY: ITS: DATE: President The foregoing instrument was acknowledged before me this day of , 20, by , as of A Not - For - Profit on behalf of a Not - For - Profit. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) Florida Non - Profit Services, Inc. DREF 08 -04 Esperanza, Flood and Drainage (Signature) Name: (Legibly Printed) Notary Public, State of: Page 26 of 29 Commission No.: 16D3 SCHEDULE "D -2" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing, Human and Veteran Service's staff by the 10h of the following month. Status Report for Month of Submittal Date: Project Name Esperanza Place, Flood and Drainage Project Number DREF 08 -04 Activity Number Subrecipient: Florida Non - Profit Services Inc. Contact Person Carl Kuehner Telephone: (239 ) 691 Fax: (239) 434 -7318 E -mail: bbwolfe829ic,,aol.com 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events /actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. New contracts executed this month (if applicable): Florida Non - Profit Services, Inc. DREF 08 -04 Esperanza, Flood and Drainage Page 27 of 29 Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number ID Race see definitions ( see an following Page) Ethnicity definitions on following Page) Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51-80 %) Household 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 L FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "S" below. 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 %) Florida Non -Profit Services, Inc. DREF 08 -04 Esperanza, Flood and Drainage Page 28 of 29 16D3 Subrecivient's must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: White: A person having origins in any of the original peoples of Europe, the Middle East, or North .Africa. Black or African- American: A person having origins in any of the black racial groups of Africa. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicity Beneficiaries White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi - Racial TOTAL: Florida Non - Profit Services, Inc. DREF 08 -04 Esperanza, Flood and Drainage Page 29 of 29 ORIGINAL DOCUMENTS CHECKLIST & ROUTING P D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si nature, draw a line throu h routing lines #I through #4, complete the checklist, and forward to Ian Mitchell (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. Lisa Oien Housing, Human & Veteran Services Department (Initial) Please call or e-mail 2. Jennifer White CAO 'U`r co r ► Z 3. Ian Mitchell, Executive Manager Board of County Commissioners Agenda Item Number IT://Z. Approved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, 4. Fred Coyle Chairman, Board of County Commissioners Number of Original 3 5. Minutes and Records Clerk of Courts Office Documents Attached PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, needs to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Lisa Oien/Housing & Human Services Phone Number 252 -6141 Contact appro riate. (Initial) Please call or e-mail 1. Original document has been signed/ initialed for legal sufficiency. (All documents to be L.O. for pick u Agenda Date Item was 5/22/2012 Agenda Item Number 16.D.3 Approved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document DREF Subrecipient Agreement 12DB -P5- Number of Original 3 Attached 09- 21- 01 -K39 with Kipling Capital Documents Attached (Bromelia Place) INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appro riate. (Initial) Applicable) 1. Original document has been signed/ initialed for legal sufficiency. (All documents to be L.O. signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's L.O. Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the L.O. document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's L.O. signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip L.O. should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 5/22/2012 and all changes made during L.O. the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1603 MEMORANDUM Date: June 5, 2012 To: Lisa Oien, Grants Coordinator Housing, Human &Veteran Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: CDBG DREF Subrecipient Agreement #12DB- P5- 09- 21- 01 -K39 with Kipling Capital, L.P. (Bromelia Place Hurricane Hardening) Attached are two (2) original copies of the document referenced above, (Item #16D3) approved by Board of County Commissioners on Tuesday, May 22, 2012. The third original agreement will be held on file in the Minutes and Record's Department for the Board's Official Record. If you have any questions, please contact me at 252 -8406. Thank you. Attachments (2) JfJ202[em 16.D.3. J P) W EXHIBIT "A" SCOPE OF SERVICES Kipling Capital L. P. Bromeliad Place Senior Apartments, Generator project A. PROJECT SCOPE: On January 24, 2012 the Board of Commissioners approved Disaster Recovery Enhancement fund grant #12DB- P5- 09- 21 -01 -K 39 with the Florida Department of Economic Opportunity (DEO). Details of this scope of work are consistent with and support certain details of that agreement. Kipling Capital L. P. will undertake a generator project at their facility, the Bromelia Place Apartments, located at 612 N. l l th Street lmmokalee, Florida 34142. The sum of $264,000 will be used to install a generator or generators enough to accommodate the 30 apartments, offices and grounds as determined by the plans and specifications for the project. This funding will cover all costs associated with the installation of the generator(s) and the creation of plans and specifications for the project. The detailed project scope will be contained in the bid specifications, the contractors bid and the awarded 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 Hundred Sixty our.' Thousand Dollars and 00 /100 ($264,000.00) in CDBG /DREF funding for the project scope described above. Line Item Description CDBG Funds Multi -Unit Rehabilitation, Generator $ 264,000 TOTAL $ 264,000 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. Kipling Capital, L. P. DRLF 08 -03 Bromelia Place, Hurricane Hardening Page 18 of 29 Packet Page -1587- 5/22/2012 Item 16.D.3. SCHEDULE "D -2" 1603 CDBG MONTHLY PROGRESS REPORT Complete farm for past month and submit to Housing, Human and Veteran Service's staff by the 10"' of the following month. Status Report for Month of Project Name Bromelia Place Hurricane Hardening Project Number DREF 08 -0 Subrecipient: Kipling Capital, L. P. Contact Person ,lack Bachmann Telephone: (239) 253 -6360 Fax0239) 417 -1378 E -mail: jbach79949@aol.com Submittal Date: Activity Number 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): Kipling Capital, L. P. DREF 08 -03 Bromelia Place, Hurricane Hardening Page 27 of 29 Packet Page -1596- 1603 AGREEMENT BETWEEN COLLIER COUNTY AND Kipling Capital, L. P. Bromelia Place, Hurricane Hardening Catalog of Federal Domestic Assistance # 14.228 HUD Grant, Florida Department of Economic Opportunity # 12DB- P5- 09- 21- 01 -K39 Rule: Chapter 913-43, Florida Administrative Code THIS AGREEMENT is made and entered into by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY'), and the "Kipling Capital, L. P.", owners of Bromelia Place Apartments, an affordable rental community for seniors located in Immokalee, Florida, having its principal office at 1942 King Fish Road Naples, Florida 34102 and its Federal Tax Identification number as 88- 0370715 and DUNS #, 071598703 ( "SUBRECIPIENT "). WHEREAS, the COUNTY has entered into an agreement with the Florida Department of Economic Opportunity (DEO) for a grant for the execution and implementation of a Community Development Block Grant /Disaster Recovery Enhancement Funds (DREF) 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 duality 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 tong range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Board of County Commissioners of Collier County approved the Fiscal Year 2011 to Fiscal Year 2016 Collier County Consolidated Plan. and One -Year Action Plan for Federal Fiscal Year 2011 -2012 for the CDBG Program with Resolution 2011 -136 on July 26, 2011- Agenda Item IOH; 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 2011 -2012 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit "A" of this Agreement, in accord with the approved Consolidated Plan; and the CDBG/ DREF agreement between Collier County and the DEO; and Kipling Capital, L. P. DREF 08 -03 Bromelia Place, I lurricane Hardening Page 1 of 29 WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the CDBG Program as a valid and worthwhile County purpose. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (A) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (B) "CDBG" means the Community Development Block Grant Program. (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 Kipling Capital, L. P. (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." (I) "DEO" means the Florida Department of Economic Opportunity. II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHVS, perform the tasks necessary to conduct the progium outlined in Exhibit "A." III. TIME OF PERFORMANCE The effective date of the Agreement between Kipling Capital, L. P. and Collier County shall be May 22, 2012 The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. All services required hereunder shall be completed by the SUBRECIPIENT prior to February 1, 2014. 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 by the COUNTY using HUD /DREF funding for allowable costs, determined by COUNTY, in an amount not to exceed Two Hundred Sixty Four Thousand Dollars and 00/100 ($264,000) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and 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. Kipling Capital, L. P. DREF 08 -03 Bromelia Place, Hurricane Ilardening Page 2 of 29 16 D3 ' 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 but, not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with § 218.70, Fla. Stat. , otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHVS. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HHVS at its office, presently located at 3339 E Tamiami Trail, 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 SUBRECIPIENT shall notify HHVS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by HHVS or its designee within forty -five (45) days of said official notification. B. DEBARMENT The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. C. LOCAL AND FEDERAL RULES REGULATIONS AND LAWS The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations and orders of the State, local and Federal governments, including, but not limited to: 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. Kipling Capital, L. P. DREF 08 -03 Bromelia Place, hurricane Hardening Page 3 of 29 1603 1 3. Title VI of the 1964 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 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.. The required "Section 3 Clause" and notification requirements are set forth in Exhibit "C ". 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)). 1.3. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 14. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 15. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 16. OMB Circular A -133 - concerning annual audits. 17. OMB Circular A -122 - which 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. Kipling Capital, L. P. DREF 08 -03 Bromelia Place, Hurricane Hardening Page 4 of 29 16 D3 19. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. 20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 21. Chapter 112, Florida Statutes. 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of SUBRECIPIENT with full decision - 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. Kipling Capital, L. P. DREF 08 -03 Bromelia Place, Hurricane Hardening Page 5 of 29 1603 26. Compliance - Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and. subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low- income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low - income persons residing in the metropolitan area in which the project is located." The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low - and very low- income persons residing within the metropolitan area in which the CDBG - funded project is located; where feasible, priority should be given to low- and very low - income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead - based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low- income persons residing within the metropolitan area in which the CDBG - funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low - income residents within the service area or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. a. Notifications The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, Kipling Capital, L. P. DREF 08 -03 13romelia Place, Hurricane Hardening Page 6 of 29 1603 if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. b. Subcontracts The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to HHVS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Scope of Services set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department, Florida Statutes and HUD. Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without 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 Kipling Capital, L. P. DREF 0 &03 Bromelia Place, Hurricane Hardening Page 7 of 29 1603 a 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 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 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 SUBRECIPIENT with funds under this Agreement shall be returned to HHVS or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set -off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. (See 24 CFR 85.43.) 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.) TERMINATION DUE TO CESSATION Kipling Capital, L. P. DREF 08 -03 Bromelia Place, Hurricane Hardening Page 8 of 29 1603 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 DEO specifies. I. INSURANCE SUBRECIPIENT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit "B" to this Agreement. 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 SUBRECIPIENT shall be in default of the terms and conditions of the contract. K. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of law applicable to County employees relative to employments, hours of work, rates of compensation, leave, unemployment and employee benefits. VII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non -Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORDKEEPING 1. The SUBRECIPIENT shall maintain all records required by CDBG. Kipling Capital, L. P. DREP 08 -03 Bromelia Place, Hurricane Hardening Page 9 of 29 1603 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 SUBRECIPIENT shall submit detailed monthly progress reports to HHVS outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is paid with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit "D," Schedule "D -2." 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis - Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 6. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation plan for determining the appropriate SUBRECIPIENT'S share of administrative costs and shall submit such plan to the COUNTY for approval, in a form specified by the COUNTY. 7. Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. 9. The SUBRECIPIENT further agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. REPORTS, AUDITS. AND EVALUATIONS Kipling Capital, L. P. DREF 08 -03 Bromeiia Place, Hurricane Hardening Page 10 of 29 16 03 "4 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, DEO or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS, DEO or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS, DEO or HUD. D. ADDITIONAL HOUSING HUMAN AND VETERAN SERVICES, COUNTY, AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize fiords 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 of CDBG funds, whether for merit or cost of living. F. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85. G. AUDITS AND INSPECTIONS Non - profit organizations that expend $500,000 or more annually in federal awards shall have a single or program- specific audit conducted for that year in accordance with OMB A -133. Non - profit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program - specific audit performed in accordance with OMB A -133. Kipling Capital, L. P. DREF 08 -03 Bromelia Place, Hurricane Hardening Page 11 of 29 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. 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 SUBRECIPIENT's fiscal year or on the basis of the period during which HHVS- federal assistance has been received. In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMB A -133, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report must be received by HHVS no later than six months following each audit period.. 5. The SUBRECIPIENT shall maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly 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 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. Kipling Capital, L. P. DREF 08 -03 Bromelia Place, Hurricane Hardening Page 12 of 29 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 custodianship of records. VIII. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services, the SUBRECIPIENT shall make a positive effort to utilize small business and minority /women -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. Kipling Capital, L. P. DREF 08 -03 Bromelia Place, Hurricane Hardening Page 13 of 29 16D3 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 paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. E. PUBLIC ENTITY CRIMES As provided in § 287.133, Fla. 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: No Federal appropriated finds 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. Kipling Capital, L. P. DREF 08 -03 Bromelia Place, Hurricane Hardening Page 14 of 29 t6 03 #A-, 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 fiends in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. IX. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT agrees to comply with the following requirements: 1. Clean Air Act, 41 USC 7401, et seq. 2. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and /or reduce the cost of said flood insurance. C. LEAD -BASED PAINT The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608. D. HISTORIC PRESERVATION The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 USC 470) and the procedures set forth in 36 CFR 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties. X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS Kipling Capital, L. P. DREF 08 -03 Bromelia Place, Hurricane Hardening Page 15 of 29 t603 9° 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. Xl. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non - expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control will be covered by the regulations 24 CFR 570.503(B)(8). X11. 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. X111. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of Twenty Nine (29) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XIV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. SIGNATURE PAGE TO FOLLOW PAGE LEFT INTENTIONALLY BLANK Kipling Capital, L. P. DREF 08 -03 Bromeiia Place, Hurricane Hardening Page 16 of 29 •1 IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 2-1, day of AMST A BOARD OF COUNTY COMMISSIONERS OF D' M4GIfT'E: $ t+C} K,'CLERK COLLIER COUNTY, FLORIDA By: W Aluft Clerk FRED W. COYLE, C ,r7 a zo Dated: (SEAL) First Witness Kipling Capital, L. P eipient Si6iiature Type/print witness name Second Witness ,t-/u FA:! c 1j Type /print witness name Kipling Capital, L. P. DREF 08 -03 Brornaa Place, Hurricane Hardening Jack J. Bachmann, President President of Camino Associates, Inc. General Partner of Kipling Capital, L. P. Approved as to form and legal sufficiency: 3) �. Jennifer B. White Assistant County Attorney Page 17 of 29 .L� EXHIBIT "A" SCOPE OF SERVICES Kipling Capital L. P. Bromelia Place Senior Apartments, Generator project A. PROJECT SCOPE: On January 24, 2012 the Board of Commissioners approved Disaster Recovery Enhancement fund grant # 12DB- P5- 09- 21 -01 -K 39 with the Florida Department of Economic Opportunity (DEO). Details of this scope of work are consistent with and support certain details of that agreement. Kipling Capital L. P. will undertake a generator project at their facility, the Bromelia Place Apartments, located at 612 N. 11 t" Street Immokalee, Florida 34142. The sum of $264,000 will be used to install a generator or generators enough to accommodate the 30 apartments, offices and grounds as determined by the plans and specifications for the project. This funding will cover all costs associated with the installation of the generator(s) and the creation of plans and specifications for the project. The detailed project scope will be contained in the bid specifications, the contractors bid and the awarded 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. BUDGET: Collier County Housing, Human and Veteran Services is providing Two Hundred Sixty Four Thousand Dollars and 00 /100 ($264,000.00) in CDBG /DREF funding for the project scope described above. Line Item Description CDBG Funds Multi -Unit Rehabilitation, Generator $ 264,000 TOTAL $ 264,000 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. Kipling Capital, L. P. DREF 08 -03 Bromelia Place, Hurricane Hardening Page 18 of 29 16D3 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 Start Date End Work Plan 5/2012 10/2012 Prepare project plans and specifications 11/2012 2/2013 Procure eligible Contractor(s) 3/2013 5/2013 Begin construction 6/2013 8/2013 Construction 33% complete 9/2013 11/2013 Construction 66% complete 12/2013 2/2014 Construction 100% complete and project close out D. PAYMENT SCHEDULE The following table details the project deliverables and payment schedule. Deliverable I Payment Schedule Generator system I As invoiced per contractor's schedule of values Kipling Capital, L. P. DREF 08 -03 Bromelia Place, Hurricane Hardening Page 19 of 29 U r EXHIBIT "A -1" CHANGE BY LETTER COLLIER COUNTY GOVERNMENT Collier County Housing, Human and Veteran Services Public Services Division Date Contact Name Name of Firm Address RE: Zero Dollar Contract Change Notification Re: Contract # and Title of Contract Project # Purchase Order # Dear Contact Name: User Name Address NAPLES, FLORIDA Zip code PHONE: (239) Phone # FAX (239) Fax # By copy of this letter, the above referenced contract is being issued a zero dollar ($0,00) change as indicated below: r The above referenced contract time is hereby extended by Number of days calendar days. The new completion date shall be on or before month and date, Year. By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal tights, including, but not limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should circumstances warrant with regard to the referenced contract. 0 Additional Staffing Categories Professional Position(s) Hourly Rate(s) r Draw against Allowance (specify allowance item and identify specific items and quantities) r Other: Scope Clarifications as indentified in Schedule B -1, "Clarifications in Scope ", (attached). Sincerely, Your name Title cc: Contract Specialist Name Contract Specialist, Purchasing Department Suzanne Boothby, Clerk's Grants Department Kip Iing Capital, L. P. DREF 08 -03 Bromelia Place, Hurricane Hardening Page 20 of 29 16 03 EXHIBIT "B" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 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 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. OPERATION /MANAGEMENT PHASE (IF APPLICABLE) Kipling Capital, L. P. DREF 08 -03 Bromelia Place, Hurricane Hardening Page 21 of 29 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 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. Kipling Capital, L. P. DRF,F 08 -03 Bromelia Place, Hurricane Hardening Page 22 of 29 M t � EXHIBIT "C" ADDITIONAL CDBG GRANT REQUIREMENTS There are no additional grant requirements Kipling Capital, L. P. DREF 08 -03 Bromelia Place, Hurricane Hardening Page 23 of 29 16D3 EXHIBIT "D" REQUIRED SUBMITTALS D -1 Request for Payment D -1a Release and Affidavit Form D -2 CDBG Monthly Progress Report Kipling Capital, L. P. DREF 08 -03 Bromelia Place, Hurricane Hardening Page 24 of 29 SCHEDULE "D -1" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION 1: REQUEST FOR PAYMENT Subrecipient Name: Kipling Capital L P. Subrecipient Address: 1942 King Fish Road Niles Florida 34102 Project Name: Bromelia Place Hurricane Hardening Project No: DREF 08 -3 Payment Request # Dollar Amount Requested: SECTION II: STATUS OF FUNDS l . Grant Amount Awarded 1603 $ $264,000 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6, Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor. Dept Director Kipling Capital, L. P. DRLP 08 -03 Bromelia Place, Hurricane Hardening (approval authority under $14,999) (approval required $15,000 and above) Page 25 of 29 1603 SCHEDULE "D -la" RELEASE AND AFFIDAVIT FORM The SUBRECIPIENT certifies for itself and its contractors, subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final) Request for Payment. SUBRECIPIENT Witness: BY: BY: ITS: DATE: Print name and title STATE OF COUNTY OF President The foregoing instrument was acknowledged before me this day of , 20_____, by , as of A corporation on behalf of Kipling Capital, L. P. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) Kipling Capital, L. P. DREF 08 -03 Bromelia Place, 1-iurricane Hardening (Signature) Name: (Legibly Printed) Notary Public, State of: Page 26 of 29 Commission No.: SCHEDULE "D -2" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing, Human and Veteran Service's staff by the l ffh of the following month. Status Report for Month of Project Name Bromelia Place Hurricane Hardening ubmittal Date: Project Number DREF 08 -03 Activity Number Subrecipient: Kipling Capital, L. P. Contact Person Jack Bachmann Telephone: (239) 253 -6360 Fax (239) 417 -1378 E -mail: jbach799492aol.com 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events /actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. New contracts executed this month (if applicable): Kipling Capital, L. P. DREF 08 -03 Bromelia Place, Hurricane Hardening Page 27 of 29 Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal 1D Number Race (see definitions on following Page) Ethnicity (see definitions on following Page) Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51 -80 %) Household 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]. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX 1 BOX 2 BOX 3 BOX 4 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 %) Kipling Capital, L. P. DREF 08 -03 Bromelia Place, Hurricane Hardening Page 28 of 29 1i Subrecipient's must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Black or African- American: A person having origins in any of the black racial groups of Africa. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicity Beneficiaries Race #Total Hisliinic 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:_ -- 1 Kipling Capital, L. P. DREF 08 -03 Bromelia Place, Hurricane Hardening Page 29 of 29 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP � 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Ian Mitchell (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. Lisa Oien Housing, Human & Veteran Services Department (Initial) Please call or e-mail 2. Ian Mitchell, Executive Manager Board of County Commissioners L.O. 7-/ 3 o (i- 3. Donna Fiala Chairperson, Immokalee CRA Agenda Item Number 16.13.3 4. Fred Coyle Chairman, Board of County Commissioners 5. Minutes and Records Clerk of Courts Office — j(7CjL fri 9(30(17— PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, needs to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Lisa Oien/Housing & Human Services Phone Number 252 -6141 Contact appropriate. (Initial) Please call or e-mail 1. Original document has been signed/ initialed for legal sufficiency. (All documents to be L.O. for nick u Agenda Date Item was 5/22/2012 Agenda Item Number 16.13.3 Approved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document DREF Subrecipient Agreement 12DB -P5- Number of Original Attached 09- 21- 01 -K39 with Immokalee CRA Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/ initialed for legal sufficiency. (All documents to be L.O. signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's L.O. Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the L.O. document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's L.O. signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip L.O. should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 5/22/2012 and all changes made during L.O. the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 .1 MEMORANDUM Date: August 1, 2012 To: Lisa Oien, Grants Coordinator Housing, Human &Veteran Services From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: DREF Subrecipient Agreement #12DB- P5- 09- 21- 01 -K39 w /Immokalee CRA Attached for your records is an original of the document referenced above (Item #16D3) approved by Board of County Commissioners on May 22, 2012. The second original will be held in the Minutes and Record's Department for the Board's Official Record. If you have any questions, please contact me at 252 -8411. Thank you. Attachment AGREEMENT BETWEEN COLLIER COUNTY AND IMMOKALEE AREA COMMUNITY REDEVELOPMENT AGENCY (CRA) Immokalee Stormwater Improvements Catalog of Federal Domestic Assistance # 14.228 HUD Grant, Florida Department of Economic Opportunity # 12DB- P5- 09- 21- 01 -K39 Rule: Chapter 913-43, Florida Administrative Code THIS AGREEMENT is made and entered into by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY "), and the "Collier County Community Redevelopment Agency — Immokalee Area (CRA)." A Community Redevelopment Agency approved by the Board of Collier County Commissioners, having its principal office at 1320 North 15th Street Immokalee, Florida 33142, and its Federal Tax Identification number as 59- 6000558 and DUNS #, 076997790 ( "SUBRECIPIENT "). WHEREAS, the COUNTY has entered into an agreement with the Florida Department of Economic Opportunity (DEO) for a grant for the execution and implementation of a Community Development Block Grant/Disaster Recovery Enhancement Funds (DREF) 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 Fiscal Year 2011 to Fiscal Year 2016 Collier County Five -Year Consolidated Plan and One -Year Action Plan for Federal Fiscal Year 2011 -2012 for the CDBG Program with Resolution 2011 -136 on July 26, 2011 - Agenda Item l OH; and WHEREAS, Resolution 08 -121 was developed following the Collier County Consolidated Plan — Citizen Participation Plan, adopted on January 9, 2001 with Resolution O 1 -02; and WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2010 -2011 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit "A" of this Agreement, in accord with the approved Consolidated Plan; and the CDBG/ Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements Page 1 of 29 16D3 DREF agreement between Collier County and the DEO; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the CDBG Program as a valid and worthwhile County purpose. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (A) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (B) "CDBG" means the Community Development Block Grant Program. (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 Immokalee Area Community 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 performed as set forth in Exhibit "A." (I) "DEO" means the Florida Department of Economic Opportunity. 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 The effective date of the Agreement between Immokalee Area Community Redevelopment Agency and Collier County shall be May 22, 2012. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. All services required hereunder shall be completed by the SUBRECIPIENT prior to February 1, 2014. 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 by the COUNTY using HUD /DREF funding for allowable costs, determined by COUNTY, in an amount not to exceed Two Million Eleven Thousand Nine Hundred Fifty Five Dollars and 46/100 ($2,011,955.46) for the services described in Exhibit 11A 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 Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements Page 2 of 29 r 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 but, not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with § 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHVS. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HHVS at its office, presently located at 3339 E Tamiami Trail, 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 SUBRECIPIENT shall notify HHVS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by HHVS or its designee within forty -five (45) days of said official notification. B. DEBARMENT The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. C. LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations and orders of the State, local and Federal governments, including, but not limited to: 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements Page 3 of 29 16D3 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Title VI of the 1964 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 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.. The required "Section 3 Clause" and notification requirements are set forth in Exhibit "C ". 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 135.1 l(c)). 13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 14. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 15. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 16. OMB Circular A -133 - concerning annual audits. 17. OMB Circular A -122 - which identifies cost principles. Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements Page 4 of 29 0 i ' I 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 be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements Page 5 of 29 16D3 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. Compliance - Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low- income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low - income persons residing in the metropolitan area in which the project is located." The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG - funded project is located; where feasible, priority should be given to low- and very low- income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead - based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low- income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs. Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements Page 6 of 29 16D3 The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. a. Notifications The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. b. Subcontracts The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to HHVS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Scope of Services set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department, Florida Statutes and HUD. Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without 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 Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements Page 7 of 29 1603 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. 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 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 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.) Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements Page 8 of 29 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. (See 24 CFR 85.44.) 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that DEO specifies. I. INSURANCE SUBRECIPIENT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit "B" to this Agreement. J. SUBRECIPIENT LIABILITY OBLIGATION Compliance with the insurance requirements in Exhibit `B" shall not relieve the SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Commissioners' approval. If the Insurance certificate is received within the specified period, but not in the manner prescribed in these requirements, the SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County. If the SUBRECIPIENT fails to submit the required insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of the contract. K. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of law applicable to County employees relative to employments, hours of work, rates of compensation, leave, unemployment and employee benefits. VII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements Page 9 of 29 The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non - Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORDKEEPING 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 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 SUBRECIPIENT shall submit detailed monthly progress reports to HHVS outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is paid with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit "D," Schedule "D -2." 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis - Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 6. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation plan for determining the appropriate SUBRECIPIENT' S share of administrative costs and shall submit such plan to the COUNTY for approval, in a form specified by the COUNTY. 7. Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements Page 10 of 29 M P,211 8. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. 9. The SUBRECIPIENT further agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this 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, DEO or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS, DEO or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS, DEO 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 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 Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements Page 11 of 29 order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85. 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 SUBRECIPIENT's fiscal year or on the basis of the period during which HHVS - federal assistance has been received. In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMB A -133, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report must be received by HHVS no later than six months following each audit period. 5. The SUBRECIPIENT shall maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly 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. Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements Page 12 of 29 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 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. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. VIII. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower - income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services, the SUBRECIPIENT shall make a positive effort to utilize small business and minority /women -owned business enterprises of Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements Page 13 of 29 1603 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 paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. E. PUBLIC ENTITY CRIMES As provided in § 287.133, Fla. 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 Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements Page 14 of 29 16D3 employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. H. REAL PROPERTY Any real property acquired 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. 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. Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements Page 15 of 29 16D3 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 CDBG funds may not be used for religious activities or provided to primarily religious organizations. Section 24 CFR 570.2000) specifies the limitations on CDBG funds. XI. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non - expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control will be covered by the regulations 24 CFR 570.503(B)(8). XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. XIII. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of 29 enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XIV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements Page 16 of 29 IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this ` day of 20 10. ATTEST:4 r DWI HT E, B`ROCK, °C IRK fit ,tB _ LERK Dated: (SEAL ATTEST: DWIGHT E. Bolo , Y 4ERK DEP h' (CLERK U Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: W C lz:� L -- - Fred W. Coyle, CHAIRMA 512 ,Z12a;Q> Collier County Community Redevelopment Agency (CRA) — Immokalee -Area By: 4"� 4 Subreci ent Signature $ -/22 Donna Fiala, Chairman, Collier County Community Redevelopment Agency Approved as to form and legal sufficiency: JennifeYt. White Assistant County Attorney Page 17 of 29 •i EXHIBIT "A" SCOPE OF SERVICES COLLIER COUNTY COMMUNITY REDE VEL OPMENT A GENCY (CR,4) IMMOKALEE Immokalee Stormwater Improvements A. PROJECT SCOPE: On January 24, 2012 the Board of Commissioners approved Disaster Recovery Enhancement fund grant #12DB- P5- 09- 21 -01 -K 39 with the Florida Department of Economic Opportunity (DEO). Details of this scope of work are consistent with and support certain details of that agreement. The Immokalee Area CRA project will undertake various flood and drainage improvements, as defined by the Immokalee Stormwater Master Plan (ISWMP), along with associated sidewalks, engineering activities and project management costs. This funding will be used as a continuation of the Immokalee Area Stormwater Improvement project, which was previously funded with 2008 Disaster Recovery Initiative grant # IODB- D4- 09- 21- O1 -K09 and part of the ISWMP. The detailed project scope will be contained in the bid specifications, the contractors bid and the awarded construction contract. The project construction contract will include details sufficient to document the number, amount and costs associated with all activities. Reimbursable wages and benefits of the project manager will be detailed by submittal of approved timesheets containing time specific to the project. 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 Eleven Thousand Nine Hundred Fifty Five Dollars and 46/100 ($2,011,955.46) in CDBG funding for the project scope described above. Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements Line Item Description CDBG Funds Engineering $133,344.00 Sidewalks $475,000.91 Flood and drainage $1,378,610.55 Project Management $25,000.00 TOTAL $ 2,011,955.46 Page 18 of 29 M!Y01-1 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. 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 Start Date End Work Plan 5/2012 10/2012 Prepare project plans and specifications 11/2012 2/2013 Procure eligible Contractor(s) 3/2013 5/2013 Begin Construction 6/2013 8/2013 Construction 33% complete 9/2013 11/2013 Construction 66% complete 12/2013 2/2014 Construction 100% complete and project close out D. PAYMENT SCHEDULE The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Sidewalks, Flood and Drainage Improvements Upon monthly invoices per contractors schedule of values Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements Page 19 of 29 EXHIBIT 66A -1" CHANGE BY LETTER "A COLLIER COUNTY GOVERNMENT Collier County Housing, Human and Veteran Services Public Services Division Date Contact Name Name of Firm Address RE: Zero Dollar Contract Change Notification Re: Contract # and Title of Contract Project # Purchase Order # Dear Contact Name: User Name Address NAPLES, FLORIDA Zip code PHONE: (239) Phone # FAX (239) Fax # 16D3 By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below: r The above referenced contract time is hereby extended by Number of days calendar days. The new completion date shall be on or before month and date, Year. By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal rights, including, but not limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should circumstances warrant with regard to the referenced contract. A Additional Staffing Categories Professional Position(s) Hourly Rate(s) Draw against Allowance (specify allowance item and identify specific items and quantities) Other: Scope Clarifications as indentified in Schedule B -1, "Clarifications in Scope ", (attached). Sincerely, Your name Title cc: Contract Specialist Name Contract Specialist, Purchasing Department Suzanne Boothby, Clerk's Grants Department Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements Page 20 of 29 EXHIBIT "B" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s) 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 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. OPERATION/MANAGEMENT PHASE (IF APPLICABLE) Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements Page 21 of 29 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 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. Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements Page 22 of 29 Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements EXHIBIT "C" ADDITIONAL CDBG GRANT REQUIREMENTS There are no additional grant requirements Page 23 of 29 .1 Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements EXHIBIT "D" REQUIRED SUBMITTALS D -1 Request for Payment D -la Release and Affidavit Form D -2 CDBG Monthly Progress Report Page 24 of 29 SCHEDULE 6(D -1" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Immokalee Area Community Redevelopment Agency Subrecipient Address: 1320 N 15th St. Immokalee Fl. 34142 Project Name: Immokalee Stormwater Improvements Project No: DREF 08 -01 Payment Request 9 Dollar Amount Requested: $ 2,011 955.46 SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request $ $2,011,955.46 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Supervisor. Dept Director Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements Date (approval authority under $14,999) (approval required $15,000 and above) Page 25 of 29 16D3 SCHEDULE "D -la" RELEASE AND AFFIDAVIT FORM The SUBRECIPIENT certifies for itself and its contractors, subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final) Request for Payment. SUBRECIPIENT Witness: Print name and title STATE OF COUNTY OF ft-NA ITS: President DATE: The foregoing instrument was acknowledged before me this day of , 20, by , as of A Community Redevelopment Agency on behalf of a Community Redevelopment Agency. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements Page 26 of 29 Commission No.: 16D3 SCHEDULE "D -2" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing, Human and Veteran Service's staff by the 10'* of the following month. Status Report for Month of Project Name Immokalee Stormwater Improvements ubmittal Date: Project Number DREF 08 -01 Activity Number Subrecipient: Immokalee Area Redevelopment Agency Contact Person Brad Muckel, Project Manager Telephone: (239) 867 -4121 Fax(239)252 -6455 E -mail: bradmuckelncolliergov.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): Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements Page 27 of 29 16D3 Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on following page) Ethnicity (see definitions on following page) Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51 -80 %) Household 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]. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5 " below. BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51 -80 %) Household Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements Page 28 of 29 16D3 Persons Assisted (0 -30 %) (31 -50 %) Subrecivient's must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Black or African- American: A person having origins in any of the black racial groups of Africa. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicity Beneficiaries White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi- Racial Immokalee CRA 2008 DREF 08 -01 Stormwater Improvements Page 29 of 29 TOTAL: