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Backup Documents 07/24/2012 Item #16D 9ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI 6D9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS O_ FFICE FOR SIGNATURE ROUTING SLIP Complete routing lines 41 through 94 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 #1 througli #4, complete the checklist, and forward to Ian Mitchell (line 45). Route to Addressee(s) (List in routing order) Office Initials Date Lisa Oien Housing and Human Services (Initial) After recording please Jennifer White County Attorney's Office LO call for pick up of a Ian Mitchell, Executive Manager Board of County Commissioners ,Cop_y_fCX_o" aza? Agenda Date Item was �� Agenda Item Number Approved by the BCC _J c� / Minutes and Records Clerk of Court's Office Number of Ord Ore 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 app ro riate. (Initial) After recording please 1. Original document has been signed/ initialed for legal sufficiency. (All documents to be LO call for pick up of a signed by the Chairman, with the exception of most letters, must be reviewed and signed ,Cop_y_fCX_o" aza? Agenda Date Item was �� Agenda Item Number Approved by the BCC _J c� / Type of Document A / ` / "< iT /i1�wr7 Number of Ord Ore men s Attached (J /f7 2. All handwritten strike - through and revisions have been initialed by the County Attorney's LO INSTRUCTIONS & Cnu --ir"i 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 app ro riate. (Initial) Applicable) 1. Original document has been signed/ initialed for legal sufficiency. (All documents to be LO 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 LO 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 LO 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 LO signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip LO 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 3/09/2010 (enter date) and all changes LO made during the meeting have been incorporated in the attached document. The IF 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 1609 EXECUTIVE SUMMARY Recommendation to approve a modification to Disaster Recovery Initiative (DRI) Grant Agreement HIODB- D4- 09- 21- 01 -KO9 between the Florida Department of Economic Opportunity (DEO) and Collier County to add two (2) new projects made possible from reprogrammed funds of an under budget project, approve new associated subrecipient agreements and amend a current subrecipient agreement to accommodate these changes with no additional funds. OBJECTIVE: To allow for two additional Disaster Recovery Initiative projects to effectively utilize already approved grant funds. CONSIDERATIONS: The BCC approved strategic plan includes Strategic Focus Area III: Community Health, Wellness and Human Services, and the associated strategic goal is: "To improve the quality of life and promote personal wellness, self reliance and independence ". Part of the agency's tactical achievement toward this goal is the receipt and management of DRI fund grants. The purpose of the DRI grant is to fund projects that provide disaster relief and long term recovery. On May 25, 2010, item 16D10, the Board of County Commissioners accepted a federally- funded disaster recovery agreement with the DEO. One of the projects funded with this agreement is a residential Stormwater project in the Bayshore Gateway Triangle area. The contractor for this project has been procured at a cost less than anticipated. To meet the needs of the community and expend all awarded dollars the next highest ranked grant respondents were selected to receive awards. The unencumbered funds will be used to fund two (2) additional projects that had applied but were not initially funded with the request for proposal for this grant. The first new project is a generator installation at the Carl Kuehner Community Center in Immokalee. The second project is for a hurricane hardening at Farm Worker Village in Immokalee. Both projects meet the national objective of benefiting low to moderate income persons. To accommodate this reprogramming of funds, a modification form and associated documents must be presented to the DEO for their approval. In addition subrecipient agreements for the two (2) new projects and a modification to the subrecipient agreement for the Bayshore Gateway Stormwater project are also presented for Board approval. Once the DEO has provided approval for the modification to the grant agreement, the new subrecipient agreements and the amendment to the Bayshore subrecipient agreement may be executed by the Board Chairman. The following displays amounts and changes to the associated subrecipient agreements: Subrecipient Project Original Amended Subrecipient Subrecipient Agreement Amount A reement Amount Bayshore CRA Residential Stormwater $2,709,150.00 $1,991,800.00 Immokalee Housing and Family Services Community Center Generator $90,000.00 new Collier County Housing Authority Hurricane Hardening, Farm Worker Village $627,350.00 (new) • 1I FISCAL IMPACT: Approval of this modification to the grant agreement, associated new and amended subrecipient agreements will have no effect on ad valorem dollars. The DRI total awarded dollars has not changed. DRI grant funds are available within the Housing Grants Fund (705), Project 33104. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board action. -JBW GROWTH MANAGEMENT IMPACT: Implementation of DRI will help facilitate efforts to meet the goals, objectives and policies set forth in the Housing Element of the Growth Management Plan. RECOMMENDATION: To approve and authorize the Chairman to sign modification #5 to Disaster Recovery Initiative (DRI) grant Agreement #I ODB-D4-09-21 -01 -K09 between the Florida Department of Economic Opportunity (DEO) and Collier County; two (2) new associated subrecipient agreements; and amendment an associated subrecipient agreement. PREPARED BY: Lisa Oien, Grants Coordinator, Housing, Human and Veteran Services MEMORANDUM 1609 Date: August 3, 2012 To: Ken Reecy, Asst. Director, Division of Community Development Florida Department of Economic Opportunity 107 East Madison Street Caldwell Building Tallahassee, FL 32399 -4120 Cc: Enid Ehrbar, Community Assistance Consultant CDBG, Disaster Recovery Section From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Modification #5 to Subgrant Agreement between The Department of Economic Opportunity and Collier County Attached are three (3) original agreements referenced above (Agenda Item #16D9) adopted by the Board of County Commissioners on Tuesday, July 24, 2012. Upon your final execution of these documents please forward two (2) fully executed agreements to the following address: Boards Minutes & Records 3299 Tamiami Trail East Suite 401 Naples, FL 34112 Once received our office will forward to the originating departments and keep a fully executed original as a part of the Boards Official Records. If you have any questions, please call me at (239) 252 -7240. Thank you Enclosures MyFlorida.com - Department of Economic Opportunity Page 1 of 1 Department of Economic Opportunity Hunting F. Deutsch, Executive Director VISION Florida will have the nation's top performing economy and be recognized as the world's leading business destination. MISSION The Florida Department of Economic Opportunity promotes economic opportunities for all Floridians; formulating and implementing successful workforce, community, and economic development policies and strategies. Guiding Principles • Be in a state of readiness to support economic development projects, capital investment and infrastructure opportunities that advance Florida in achieving its vision. • Be effectively and efficiently responsive to the global business climate. • Make data - driven decisions and set credible benchmarks. • Deliver successful, strategic, and clearly articulated performance. Goals Increase Florida's global competitiveness as a destination for business, capital, talent, innovation, and entrepreneurship. Promote Florida as the world destination of choice for business and industry. Facilitate business development through delivery of world class customer service. e- Government Services Provided Job Search Job Search- -State Unemployment Compensation Appeal Unemployment Compensation Claims Address: 107 East Madison Street Caldwell Building Tallahassee, FL 32399 -4120 Email: on s Phone: 850.245.7105 \� Fax: 850.921.3223 FYDenotes a 3111e ¢13r,t is not contr 6r;,; by the Sate of Florila, Pica:e .ea thr,. extern)! {ink discd;mer for more infornation. E -r to 1 Jr)(Jer Fh,r oa hw,, P. oiaA 0d0.,. *.s, ?s a'e r uhh c -e ordr.>.:f You de rot tivant Your entail ad(lre,*; r.: r,.a>,'d iri r: ,t)r nso to a public r�cocds orr not send ele,b we n.a0 V ttwi eatir /. f),Mead :.00t:6(:t t its office by r.hone or io „vritintl. FtGi �r�it0i i �riC ia� 3t 4i15e 1 t..m:'ti•r i -nracr ,jet Arswers http : / /www.myflorida.com/agency /50/ 8/3/2012 7E3Y CDLl.%ity 1609 Public Services Division Housing, Human & Veteran Services August 2, 2012 Enid Ehrbar, Community Assistance Consultant CDBG, Disaster Recovery Section Florida Department of Economic Opportunity 107 E. Madison Street, MSC 400 Tallahassee, FL 32399 -6508 Re: Disaster Recovery Initiative (DRI) Grant Agreement #10DB- D4- 09- 21- 01 -K09 Modification #5 Dear Ms. Ehrbar, The Board of Collier County Commissioners approved modification #5 to Disaster Recovery Initiative Grant Agreement #10DB- D4- 09- 21- 01 -K09 on July 24, 2012. This modification creates two (2) new service areas, #6 and #7, and reduces the amount of funds for service area #4. Presented to you are the modification documents in triplicate with the Vice- Chairman's original signature. The ordinance allowing for the Vice Chairman to preside in the absence of the Chairman is included with this mailing. See page two of six of the ordinance document. In addition the Request for Amendment form and the Executive Summary for the Board approved item are also included. If you have any questions or concerns please feel free to give me a call. Sincer Iy, Lisa Oien Grants Coordinator Housing, Hurziari and Vetet °anhServices of Colffer Gounty 3339 Tamiami Trail East, Suite 211 - Naples, FL 34112 -5361 239- 252 -CARE (2273) • 239 252 -HOME (4663) - 239- 252 -CAFE (2233) • 239 - 252 -RSVP (7787) 239 -252 -VETS (8387) • www.colliergov.netmumanservices PARTI -CODE 1609 Chapter 2 - ADMINISTRATION ARTICLE II. - BOARD OF COUNTY COMMISSIONERS DIVISION 2. - MEETINGS DIVISION 2. - MEETINGS Sec. 2 -36. - General provisions: Sec. 2 -37. - Addressing the Commission. Sec. 2 -38. - Sergeant -at -arms. Sec. 2 -39. - Action to be taken by resolution, ordinance or motion. Sec. 2-40, - Adjournment. Sec. 2-41. - Reconsideration of matters generally. Sec, 2 -42, - Reconsideration of land use matters. Sec. 2- 43 -2 -65. - Reserved. Sec. 2 -36. - General provisions. (a) Regular meetings. The Board of County Commissioners shall normally hold its regular meeting at 9:00 a.m. each second and fourth Tuesday, except on a day designated as a holiday, interim recess, or as otherwise directed by an affirmative vote of the majority of all Board members present. Meetings may be postponed or cancelled by an affirmative vote of the majority of all Board members present. Meetings shall normally be held at the Collier County Government Center and shall be open to the news media and the public. Meetings may be held in other locations within the County. (b) Special meetings. When the Chairman or a majority of the Board calls a special meeting, the County Manager or his designee shall notify the Clerk, the County Attorney, and issue press releases advising of the place, date and hour of the meeting and.the purpose for which the meeting is called. (c) Agenda. There shall be an official agenda for each meeting of the Board, which shall determine the order of business conducted at the meeting. (1) The Board shall not take action upon any matter, proposal, report or item of business not listed upon the official agenda, unless a majority of the Board present consents. (2) The County Manager shall prepare each agenda in appropriate form approved by the Board. Matters may be placed on the agenda by the County Manager, any County Commissioner, the Clerk, the County Attorney, and the constitutional officers. The agenda shall be prepared and distributed not later than four days preceding the regular meeting. (3) Prior to the publishing of the agenda; matters placed on the agenda should include as much supporting documents, information, and materials as is needed to aid the Board in its preparation and deliberation of the agenda item. Documents, information and materials will not be accepted by the Board following publication of the agenda. Should additional documents, information and materials be presented to the Board following publication, the Board may, by a majority vote of those present, elect to either continue the agenda item to a future Board meeting, or waive this requirement and hear the matter if it determines that the agenda item is of significant public importance and should not be postponed. (4) All requests for a continuance of an agenda item, including matters advertised for a public hearing, require Board of-County Commission approval. No person shall be entitled to rely for any reason upon any assurances that an agenda item or public hearing will be continued. A Collier County, Florida, Code of Ordinances Page 1 of 6 1609 PART[-CODE Chapter 2 - ADMINISTRATION ARTICLE II. - BOARD OF COUNTY COMMISSIONERS DIVISION 2. - MEETINGS continuance shall only be granted by an affirmative vote of the majority of the Board Members present. (d) Presiding officer, election, duties. The presiding Chairman and Vice - Chairman shall be elected by a majority of the members of the Board of County Commissioners and said election shall occur at the first regularly scheduled Board meeting in January of each year. In the event that the Chairman and /or the Vice - Chairman are not reelected as Commissioners in any given year, unless a Special Meeting is called, the Board of County Commissioners shall elect a Chairman and /or Vice- Chairman, as applicable, at the first regularly scheduled Board meeting on or after the second Tuesday after the election to temporarily serve until the first regularly scheduled Board meeting in January at which time the scheduled election shall take place. However, the Chairman and the Vice- Chairman shall serve at the pleasure of the Board. The Vice- Chairman shall preside in the absence of the Chairman. With respect to all matters outside of meetings (see subsection (e) below), in the absence of both the Chairman and the Vice- Chairman, the immediate past Chairman shall act as temporary Chairman, and if there is no immediate past Chairman, then the longest tenured Commissioner shall so act. The Chairman shall become the presiding officer immediately after his or her election. The Chairman shall preserve order and decorum at all meetings. He shall state every question and announce the decision of the commission on each item of business. The majority vote of the members present shall determine all questions of order not otherwise covered. The Chairman may vote on any question, his or her name being called last. The Chairman shall sign all ordinances, resolutions and legally binding documents adopted by the Commission during his or her presence. In his or her absence, such ordinances, resolutions and legally binding documents shall be signed by the presiding officer. (e) Call to Order. At the hour appointed for the meeting, the Chairman shall immediately call the Commission to order. In the physical absence of the Chairman, and the Vice - Chairman, the Board members present shall elect a temporary Chairman and a temporary Vice- Chairman by majority vote, and the Chairman so elected shall then call the meeting to order and shall serve until arrival of the Chairman or Vice- Chairman. (f) Quorum. A majority of the Board shall constitute a quorum.. No resolution, legally binding document or motion shall be adopted by the Board without the affirmative vote of the majority of all members present. Should no quorum attend within 30 minutes after the hour appointed for the meeting, the Chairman, Vice - Chairman, or in their absence, the Clerk or his designee, may adjourn the meeting. (g) Super - Majority Exception. Whenever provided by general law, special law, ordinance, or as specified by resolution adopted by a majority of the full membership of the Board, and notwithstanding subsection (f), a motion, ordinance, legally binding document or resolution may be required to be adopted by an affirmative vote of four- fifths (4/5) of the full membership of the Board. (h) Rules of debate. The following rules of debate shall be observed by the Board. Except as herein provided questions of order and the conduct of business shall be governed by Robert's Rules of Order. (1) Motion under consideration. When a motion is presented and seconded, it is under consideration and no other motion shall be received thereafter, except to adjourn, to lay on the table, to postpone, or to amend until the question is decided. These countermotions shall have preference in the order in which they are mentioned, and the first two shall be decided without debate. Final action upon a pending motion may be deferred until the next meeting by majority of the members present. (2) Chairman participation. The presiding Chairman may move, second and debate from the Collier County, Florida, Code of Ordinances Page 2 of 6 1609 PART I - CODE Chapter 2 - ADMINISTRATION ARTICLE II. - BOARD OF COUNTY COMMISSIONERS DIVISION 2. - MEETINGS chair, and shall not be deprived of any of the rights and privileges of a Commissioner by reason of being the presiding Chairman. (3) Form of address. Each member shall address only the presiding officer for recognition, shall confine himself to the question under debate, and shall avoid personalities and indecorous language. (4) Interruption. A member, once recognized, shall not be interrupted except by a call to order or as herein otherwise provided. If a member is called to order, he shall stop speaking until the question is determined by the presiding officer. Any member may appeal the decision of the Chairman to the Board for decision by majority vote. (5) Privilege of closing debate. The Commissioner moving for the adoption of an ordinance, resolution or other act shall have the privilege of closing debate unless otherwise directed by the Chair. (6) The question. Upon the closing of debate any member may require a roll call vote. Any member may give a brief statement or file a written explanation of his or her vote. (i) Minutes. The minutes of prior meetings approved by a majority of the members present shall become the official minutes. Each resolution, ordinance and legally binding document shall be signed by the presiding officer at the meeting and by the Clerk and entered in the minutes. (Ord. No. 75 -16, § 1(1); Ord. No. 85 -20, § 1; Ord. No. 87 -14, § 1; Ord. No. 89 -04, § 1; Ord. No. 90 -27, § 1; Ord. No. 2007 -02, §§ 1 -3; Ord. No. 07 -50, § 1; Ord. No. 2009 -52, § 1; Ord, No. 2011 -01, § 1; Ord. No. 2011 -17, § 1) Sec. 2 -37. - Addressing the Commission. (a) If a subject is not on the agenda for a meeting of the Board of County Commissioners it may be added by motion and an affirmative vote of a majority of all Board members present that the subject should not be delayed until the next meeting. (b) Any person appearing to provide the Board factual information or expert opinion to consider prior to taking official action shall be governed by the following procedure: (1) Prior to addressing the Board the speaker shall approach any podium or any other place otherwise designated by the Board of County Commissioners for this purpose and clearly state his or her full name, home address, the name of the person or entity that he or she represents and the subject of his or her address. (2) Before providing factual information or expert opinion the speaker may ask, and any Commissioner may require the speaker to be placed under the following oath with right hand upraised: "I willfully swear under oath the facts and testimony I furnish this Board to be the truth, the whole truth and nothing but the truth, and not inconsistent or contradictory with other statements made by me under oath." No person shall be required to take this oath more than once in any given day, but shall be reminded he is under oath before again addressing the Board. Each commissioner, shall take the oath one time and be considered under oath during the term of his office. Collier County, Florida, Code of Ordinances Page 3 of 6 16D9 PART I - CODE Chapter 2 - ADMINISTRATION ARTICLE II. - BOARD OF COUNTY COMMISSIONERS DIVISION 2. - MEETINGS Those asking questions or desiring to comment on a matter before the Board shall not be required to take the oath. Any Commissioner may at any time request such a speaker to take the above oath. (3) Each person shall limit his address to three minutes unless granted additional time by the Chairman or by an affirmative vote of the majority of the Board members present. All remarks shall be to the Board as a body and not to any individual member. No person. other than a Commissioner shall discuss directly or through a Commissioner, without authorization of the presiding officer. (4) Any person making impertinent or slanderous remarks or who becomes boisterous shall be instructed to remain silent by the presiding officer, until permission to continue is granted. (Ord. No. 75 -16, § 1(2); Ord. No. 07 -50, § 1) Sec. 2 -38. - Sergeant -at -arms. The County Sheriff, or his deputy, shall be the sergeant -at -arms at meetings of the Board of County Commissioners and shall carry out all orders of the Chairman to maintain order and decorum. (Ord. No. 75 -16, § 1(3); Ord. No. 07 -50, § 1) Sec. 2 -39. - Action to be taken by resolution, ordinance or motion. Each action of the Board of County Commissioners shall be taken by resolution, ordinance or legally binding document approved as to form by the County Attorney, except approval of administrative matters may be by motion adopted and recorded in the minutes. (Ord. No. 75 -16, § 1(4); Ord. No. 07 -50, § 1) Sec. 2 -40. - Adjournment. A motion to adjourn shall always be in order and decided without debate. (Ord. No. 75 -16, § 1(5); Ord. No. 07 -50, § 1) Sec. 2 -41. - Reconsideration of matters generally. (a) Any matter which has been voted upon by the Board of County Commissioners may be reconsidered as follows: (1) By a motion to reconsider made by a member who voted with the majority if such motion is made prior to the adjournment of the meeting at which the matter was voted upon. If there were no public speakers on the item, or if all of the public speakers for the item are still present in the boardroom following a successful motion to reconsider, the Board may elect to rehear the matter during that meeting, or direct the County Manager to place the item on the agenda for a future meeting as set forth in subsection (2). If there were public speakers for the item, and not all of the public speakers are still present in the boardroom following a successful motion to reconsider, the County Manager will place the item on the agenda for a future meeting as set forth in subsection (2). (2) By a motion to reconsider made by a member who voted with the majority if such motion is Collier County, Florida, Code of Ordinances Page 4 of 6 PART I - CODE Chapter 2 - ADMINISTRATION ARTICLE 11. - BOARD OF COUNTY COMMISSIONERS DIVISION 2. - MEETINGS made at a regular meeting following the meeting at which the matter was voted upon, but only in accordance with the following: a. Where a member who voted with the majority wishes the Board to reconsider a matter after the adjournment of the meeting at which it was voted on, the member shall deliver to the County Manager a written memorandum stating that the member intends to introduce a motion to reconsider. The memorandum shall state the date of the regular meeting at which the member intends to introduce such motion, and shall be delivered to the County Manager at least six days prior to such meeting. The purpose of this requirement is to allow the staff to advise the Board of the legal or other ramifications of reconsideration. b. No motion to reconsider shall be made any later than the second regular Board meeting following the Board's vote on the matter sought to be reconsidered. c. Upon adoption of a motion to reconsider, the County Manager shall place the item on an agenda not later than the second regular Commission meeting following the meeting at which the motion for reconsideration was adopted. d. All parties who participated by speaking, submitting registration forms or written materials at the first hearing, shall be notified by the County Manager of the date of reconsideration. (b) This section shall apply to any matters which may lawfully be reconsidered except those matters which are covered by Paragraph 7 below. (Ord. No. 81 -54, § 1; Ord. No. 07 -50, § 2; Ord. No. 2009 -52, § 1) Sec. 2 -42. - Reconsideration of land use matters. (a) Applicability. Any matter in which the Board of County Commissioners or Board of Zoning Appeals, as the case may be, has denied a request to change the land use designation of a parcel of land, a request for site specific rezone initiated by a petitioner or his or her agent, variance, conditional use, license, permit or other land use - related request. (b) Request for Reconsideration by Petitioner. A request for reconsideration maybe made only by the petitioner. The petitioner may request reconsideration of a petition in writing to the County Manager no later than 15 days from the date of the Board's action denying the original petition. Except as provided below, this request shall be jurisdictional, and no motion for reconsideration may be made by any member of the Board where such a request was untimely. If State or Federal submission and/or approval schedules pertaining to the petition are extended within 6 months following the denial of the original petition, upon Public Petition initiated by the petitioner, the Board may extend petitioner's request for reconsideration by majority vote, and on a second motion made by any Commissioner, place the issue of reconsideration for a date certain on which the action or petition will be reconsidered, but in no event shall such reconsideration take place less than 14 days nor more than 45 days from the date the motion to reconsider is adopted. (c) Motion for reconsideration by a Board member who voted in the majority. Any member of the Board who voted with the majority (or in the case of a rezoning or change in land use designation, voted against) on the original action or petition may move for a reconsideration of the action or petition at any regular meeting of the Board within 15 days of the date of the request for reconsideration. If no regular meeting of the Board occurs within 15 days of the request for reconsideration, the Board Collier County, Florida, Code of Ordinances Page 5 of 6 1609 PART I - CODE Chapter 2 -ADMINISTRATION ARTICLE II. - BOARD OF COUNTY COMMISSIONERS DIVISION 2. - MEETINGS member may move for a reconsideration of the action or petition no later than the first meeting of the Board that follows the County Manager's receipt of the request for consideration. This motion shall be made during that portion of the Board's agenda entitled "Board of County Commissioners." If no motion for reconsideration is made during this time period, the request shall be deemed denied. The motion may specify a date certain on which the action or petition will be reconsidered, but in no event shall such reconsideration take place less than 14 days nor more than 45 days from the date the motion to reconsider is adopted. (d) Action on motion for reconsideration. The Board shall either act on the motion for reconsideration at the meeting at which such motion is made or may table the motion for no longer than the next regular meeting of the Board. If the motion is not finally acted upon by the adjournment of the next regular meeting of the Board after the motion has been made, it shall be deemed to have been denied. (e) Scheduling of petition for reconsideration. If the motion for reconsideration is granted, the County Manager shall schedule the petition on the agenda for the regular Board meeting which was specified in the motion for reconsideration, or if no date is specified then on the second regular Board meeting following the meeting at which the motion is granted. (f) No hearing or debate on motion for reconsideration. A- motion for reconsideration shall not require public hearing, and neither the petitioner nor any other person shall have the right to address the Board considering the merits of such a motion. However, the Board may request information of the petitioner, the staff or any other person in order to better inform itself prior to acting upon the motion. The purpose of this provision is to prevent either the petitioner or any other person from debating the merits of the petition prior to its full consideration at a regularly scheduled Board meeting where the petition is reconsidered. (g) [Procedures outlined.] The procedures outlined herein shall not constitute an administrative remedy, and the defense of failure to exhaust administrative remedies shall not be raised if a petitioner declines to utilize these procedures and instead elects to pursue judicial remedies following the denial of the petition. The time period for seeking judicial relief following denial of those matters contemplated by subsection (a)(2) of this section shall run from the time the Board votes on such matter, and a motion hereunder shall not alter such time period. (h) [Initial vote.] Where the initial vote was made after an advertised public hearing, any reconsideration of such vote shall comply with all advertisement and notice provisions that were legally required for the initial public hearing. (Ord. No, 81 -54, § 2; Ord. No. 88 -41, § 1; Ord. No. 07 -50, § 2; Ord. No. 2012 -15, 1) Land Development Code reference— Zoning amendments, § 2.7.2. State law reference— Adoption of rezoning ordinances, F.S. § 125.66(5). Sec. 2- 43- -2 -65. - Reserved. Page 6 of 6 Collier County, Florida, Code of Ordinances E 0 LL cu 0 12 (D Iz C.) O m T c as E 0 a) > w cl -E E E 0 0 (U E U) CO I -E 0 0 CL CL 0 E 0 c 0 0 Lu 0 O E -tf co CL as 0 C14 CN C:) 0 a) > 0 r- CL VJ N m cu C\l C6 C) x Lol ui co E =3 Z cn F- cr " 'o Cn C) O C) .0 4 pm 0 0 co 0 C) =3 L: C: 0 0 E E N c) z > 0 c: 0 Ei .a) 0 < ro 0 (D 0 x -1 0 C) 0 IMI o co LL cn CL 2 0 0 -j LO m M: N — N C\l CO co D OD It cr) L6 'cr m E E 0 E LL o Q Z) —j U) 40 0 E m a) 04 0) a> >% M CV U") c c� LO CN 'I- N C 0 00 C14 CN L7 co D U') M L6 lq- cli z C C) C) (0 CD C! 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M 0 E 0 0 0 0- — 2 M — 0 M 0 (L a) P- cx� U) 0 to li �° C4 4) E 0 *a co cu E- o 0 Cl) (D F, 0 to ce) va 0) cq LO 0 E 0) 0) 8 0 0) — E 21 LO 't CD Lo 0 N U) Ci m CD C) > CD ft LO C', LC04 U-) LO C� C) U m Iq C� "t Lo 0 LO "t N 4) N q .(D 0 ff a) -Lo 0 L) LD >, c6 RS N a) E m c E a) > 0 0 0 C: 0 2 CL m m E 1) Vl to 0 m LL a) :3 V 0 E Z) cn c -C a) 0 -0 0 D :D Z) D < w [if < >, * * * * _< m m Y 0 0 O O 0 04 0 C; cl� —1 1 (N N c,4 c\i Department of Economic Opportunity — Small Cities Community Development Block Grant Program 1609 Modification to Subgrant Agreement 10/1/2011 MODIFICATION NUMBER 5 TO SUBGRANT AGREEMENT BETWEEN THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND COLLIER COUNTY This Modification is made and entered into by and between the State of Florida, Department of Economic Opportunity, ( "the Department "), and Collier County, ( "the Recipient "), to modify DEO/DCA Contract Number IODB- D4- 09- 21- O1 -K09), award dated May 22, 2010 ( "the Agreement "). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a subgrant of $9,963,208.00 to Recipient under the Small Cities Community Development Block Grant ( "CDBG ") Program as set forth in the Agreement; WHEREAS, the Department and the Recipient desire to modify the Agreement; WHEREAS, pursuant to the provisions of Chapter 201 1 -142, Laws of Florida, the DCA Division of Housing and Community Development was transferred to the Department of Economic Opportunity effective October 1, 2011; and the parties wish to reflect the new name. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: Ej 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 3. 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. ® Revise Program Budget and Scope of Work 4. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. • Department of Economic Opportunity — Small Cities Community Development Block Grant Program Modification to Subgrant Agreement 10/112011 Modification Number: 5 DEO/DCA Contract Number: IODB- D4- 09- 21- 01 -KO9 Recipient: Collier County Page 2 ❑ Change in Participating Parties 5. The Attachment A, Program Budget 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 section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. 7. The Attachment , Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment , Activity Work Plan section, which is attached hereto and incorporated herein by reference. ❑ Change in Number of Accomplishments and /or Beneficiaries 8. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. ❑ Reflect Change in Agency from DCA to DEO 9. This modification to the Subgrant Agreement hereby replaces "Department of Community Affairs" with "Department of Economic Opportunity" where appropriate in context. ® Other: Add two (2) new service areas. New service areas are numbers 6 and 7 attachment A and B for each. Department of Economic Opportunity — Small Cities Community Development Block Grant Prja6 D 9 Modification to Subgrant Agreement 10/1/2011 Modification Number: 5 DEO/DCA Contract Number: 1 ODB- D4- 09- 21- O1 -KO9 Recipient: Collier County Page 3 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. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. 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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 Lisa Oien Housing and Human Services (Initial) After recording please Jennifer White County Attorney's Office LO call for pick up of a Ian Mitchell, Executive Manager Board of County Commissioners co or our recor Agenda Date Item was %r te Agenda Item Number �y Approved by the BCC -- �' ub Minutes and Records Clerk of Court's Office Number of Original 19.11 IU IVA 'LK1WIrVM M1e1_0[Q NUN /M I [17 ►1 (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) After recording please 1. Original document has been signed/ initialed for legal sufficiency. (All documents to be LO call for pick up of a signed by the Chairman, with the exception of most letters, must be reviewed and signed co or our recor Agenda Date Item was %r te Agenda Item Number �y Approved by the BCC -- �' ub Type of Document _ �� "�'' �`�/JC7 %�/Y/�26��h��* Number of Original Attached Chairman and Clerk to the Board and possibly State Officials.) Documents Attached 2. All handwritten strike - through and revisions have been initialed by the County Attorney's LO 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 LO 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 LO 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 LO 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 LO signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip LO 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 3/09/2010 (enter date) and all changes LO made during the meeting have been incorporated in the attached document. The 1W County Attorne 's Office has reviewed the changes, if applicable. I I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: September 12, 2012 To: Lisa Oien, Grants Coordinator Housing, Human &Veteran Services From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Contract Amendment #5 wBayshore CRA Attached for your records is an original of the document referenced above (Item #16D9) approved by Board of County Commissioners on July 24, 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 EXHIBIT A -1 Contract Amendment 45 1609 Collier County Bayshore Gateway Triangle Community Redevelopment Agency (CRA) DRI/CDBG 2008 This amendment, dated July 24, 2012 to the referenced agreement shall be by and between the parties to the original Agreement, the Collier County Bayshore Gateway Triangle Community Redevelopment Agency, (to be referred to as Subrecipient) and Collier County, Florida, (to be referred to as "COUNTY "). RE: Contract # l ODB-D4-09-2 1 -01 -K09 # 14.228 Emergency Rule 9BER 09 -2 "Collier County Bayshore Gateway Triangle Community Redevelopment Agency (CRA)" DRI /CDBG- Flood and Drainage Project Words Strue lE Through are deleted; Words Underlined are added: EXHIBIT "A" SCOPE OF SERVICES Collier County Bayshore Gateway Triangle Community Redevelopment Agency (CRA) Flood and Drainage Project THE SUBRECIPIENT AGREES TO: IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using CDBG /DRI funding for allowable costs, determined by COUNTY, in an amount not to exceed Two Million, Seven uundr -ea Nine Thousand, One Hundr -va Fifty Dollars One Million Nine Hundred Ninety One Thousand Eight Hundred dollars ($2,709,150.001,991,800.00) for the services described in Exhibit "A." B. BUDGET Collier County Housing, Human and Veteran Services is providing TWO MILLION SEVEN 141J1:NDF:PPIi, r1 TNOI S A �N—D M-- r E ur 44DR D F I Tv DOLLARS One Million Nine Hundred Ninety One Thousand Eight Hundred dollars ($2,709,150.001,991,800.00) in CDBG - DRI funding for the project scope described above. Line Item Description Amount of CDBG -DRI Funds Flood and Drainage Improvement $2,709,150.001,991,800.00 TOTAL $2,7n0,1 c0 001,991,800.00 SCHEDULE 66D -1" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES CDBG/DRI 2008 Collier County Bayshore Gateway Triangle Community Redevelopment Agency Contract Amendment 45 Page 1 of 3 16D9 SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Bati shore Gateway Triangle Community Redevelopment Agency Subrecipient Address: 4069 Bayshore Drive Naples, FL 34112 Project Name: Bayshore Gateway Triangle Stormwater Improvements Project No: DR 08 -04 Dollar Amount Requested: $ 1. Grant Amount Awarded Payment Request # SECTION II: STATUS OF FUNDS $ 2,7°�0,1,991,800.00 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Supervisor Dept Director Date (approval authority under $14,999) (approval required $15,000 and above) CDBG/DRI 2008 Collier County Bayshore Gateway Triangle Community Redevelopment Agency Contract Amendment #5 Page 2 of 3 1609 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 Z_ day of 20 17 ATTEST: DWIGHT.E. BMCK, CLE 716 C, Dated-'- Q A�� .��?�►� Ire �' �Ipnatti�t'`'+n . ATTEST: DWIGHT E. BROCK, CLERK r Dated:` 1tii G (SEAP b Chs Irfto BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: W. FRED W. COYLE, CHAIRM 7/24/2012 Collier County Community Redevelopment Agency Bayshore Gateway Triangle CRA t t Donna F• la 7/24/2012 Collier ounty Community Redevelopment Agency y Approved as to form and legal sufficiency: Jenm r B. White Assistant County Attorney CDBG/DRI 2008 Collier County Bayshore Gateway Triangle Community Redevelopment Agency Contract Amendment #5 Page 3 of 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1609 THE BOARD OF COUNTY COMMISSIONERS O_ FFICE FOR SIGNATURE ROUTING SLIP Complete routing lines 41 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 #1 through #4, complete the checklist, and forward to Ian Mitchell (line #5). Route to Addressee(s) (List in routing order) Office Initials Date Lisa Oien Housing and Human Services ' zi- After recording please Jennifer White County Attorney's Office LO call for pick up of a Ian Mitchell, Executive Manager Board of County Comm issioners�I��I copy for our records. Agenda Date Item was Approved by the BCC -- / � � � --J✓ Agenda Item �Number Type of Document Attached 2 S U%% C' e t pl,� Number of Ori inal Documents Attached / Minutes and Records Clerk of Court's Office (am 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) After recording please 1. Original document has been signed/ initialed for legal sufficiency. (All documents to be LO call for pick up of a signed by the Chairman, with the exception of most letters, must be reviewed and signed copy for our records. Agenda Date Item was Approved by the BCC -- / � � � --J✓ Agenda Item �Number Type of Document Attached 2 S U%% C' e t pl,� Number of Ori inal Documents Attached / -'v� Chairman and Clerk to the Board and possibly State Officials.) 2. f f ee 14 LO 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 LO 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 LO 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 LO 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 LO signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip LO 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 3/09/2010 (enter date) and all changes LO made during the meeting have been incorporated in the attached document. The County Attorne '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 1609 MEMORANDUM Date: September 12, 2012 To: Lisa Oien, Grants Coordinator Housing, Human &Veteran Services From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Subrecipient Agreement with Immokalee Non - Profit Housing Attached for your records is an original of the document referenced above (Item #16D9) approved by Board of County Commissioners on July 24, 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 1609 AND Collier County Housing Authority Farm Worker Village, Hurricane Hardening Catalog of Federal Domestic Assistance # 14.228 HUD Grant, Florida Department of Economic Opportunity # I ODB-D4-09-2 1 -01 -K09 Rule: Emergency Rule 9BER09 -2 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 Initiative Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (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/ DRI agreement #I ODB-D4-09-21 -01 -K09 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 DRI 08 -06 Met 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 July 24, 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 December 21, 2012. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using CDBG /DRI funding for allowable costs, determined by COUNTY, in an amount not to exceed Six Hundred Twenty Seven Thousand Three Hundred Fifty Dollars and 00 /100, ( $627,350.00) 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 DRI 08 -06 1609 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. 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 DRI 08 -06 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 DRI 08 -06 16D9 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 DRI 08 -06 t � � 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 DRI 08 -06 • 1• 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 DRI 08 -06 •1• 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 HHV S 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 DRI 08 -06 woni E 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.) 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 Page 8 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DRI 08 -06 •t 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 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 Page 9 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DRI 08 -06 1609 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. 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 Page 10 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DRI 08 -06 16D9 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 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 DRI 08 -06 1609 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. 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, Page 12 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DRI 08 -06 16D9 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 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 Page 13 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DRI 08 -06 I.1• 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. 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. Page 14 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DRI 08 -06 1609 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 DRI 08 -06 16D9 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. XIIL 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 DRI 08 -06 �MIE 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 ZY day of T4 I�, 201-7. ATTEST: � • 0 ".'V ';,, BOARD OF COUNTY COMMISSIONERS OF D It BRQQrQ CLERK COLLIER COUNTY, FLORIDA Bpi) t r Y: A';tlS� �� lerxk FRED W. COYLE, CHAIRMA 7 /zy /2rrrZ .;� � mat, '�!R •- Dated: First Witness: Collier County Housing Auth ty di'!L By: Si ature S b ecipient Signature CL `t IJ^ Esmeralda Serrata, Executive Director Type rint witness name Print Name /Title Secondr,Witness: , n V. Approved as to form and legal sufficiency: ature LJJ46� Type /print witness name Jennifer . White Assistant County Attorney Page 17 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DRI 08 -06 1609 EXHIBIT "A" SCOPE OF SERVICES COLLIER COUNTY HOUSING AUTHORITY Farm Worker Village, Hurricane Hardening A. PROJECT SCOPE: On May 25, 2010, item 161310, the Board of County Commissioners accepted a federally - funded disaster recovery agreement # l ODB-D4-09-2 1 -01 -K09 with the Florida Department of Economic Opportunity (DEO). The most recent modification to that agreement was July 24, 2012. This most recent modification included the addition of a hurricane hardening project at Farm Worker Village in Immokalee, Florida. Details of this project's 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 $627,350.00 will be used to create the projects plans and specifications, install impact resistant windows and exterior doors on approximately 90 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 Six Hundred Twenty Seven Thousand Three Hundred Fifty Dollars and No Cents ($627,350.00) in CDBG /DRI funding for the project scope described above. Line Item Description CDBG Funds Multi -Unit Rehabilitation Hurricane Hardening $ 627,350.00 TOTAL $ 627,350.00 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. Page 18 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DRI 08 -06 16D9 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 6/2012 8/2012 Prepare project plans and specifications 8/2012 9/2012 Procure eligible Contractor(s) 9/2012 9/2012 Obtain Permits and Contractor order materials 9/2012 9/2012 Begin window and door installation 12/2012 12/2012 Complete final inspections 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 DRI 08 -06 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 # 1609 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. IN 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 Page 20 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DRI 08 -06 EXHIBIT "B" 1609 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 I — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per occurrence providing for all sums which the SUBRECIPIENT and /or the design professional shall become legally obligated to pay as damages 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) 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 DRI 08 -06 woffiffir� 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. Page 22 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DRI 08 -06 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 DRI 08 -06 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 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DRI 08 -06 16D9 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: DRI 08 -06 Payment Request # _ Dollar Amount Requested: $ 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 1609 $ 627,350.00 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor. Dept Director (approval authority under $14,999) (approval required $15,000 and above) Page 25 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DRI 08 -06 16D9 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. Witness: I Print name and title STATE OF COUNTY OF SUBRECIPIENT BY: ITS: DATE: The foregoing instrument was acknowledged before me this day of 20, by , as Collier County Housing Authority A Special unit of government on government. He /She is personally known to me OR has produced identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) Collier County Housing Authority Farm Worker Village, Hurricane Hardening DRI 08 -06 (Signature) Name: President of behalf of a special unit of as (Legibly Printed) Notary Public, State of: Page 26 of 29 Commission No.: SCHEDULE "D -2" 1609 CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing, Human and Veteran Service's staff by the I V h of the following month. Status Report for Month of Submittal Date: Project Name Collier County Housing Authority Project Number DRI 08 -06 Activity Number Subrecipient: Collier County Housing Authority Contact Person Esmeralda Serrata Telephone: (239) 657 -3649 Fax: (239) 657 -7232 E -mail: ESerrataAcchafl.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 DRI 08 -06 16D9 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 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 %) Page 28 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DRI 08 -06 1609 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 # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi- Racial TOTAL: Page 29 of 29 Collier County Housing Authority Farm Worker Village, Hurricane Hardening DRI 08 -06 16D9 MEMORANDUM Date: September 12, 2012 To: Lisa Oien, Grants Coordinator Housing, Human &Veteran Services From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Subrecipient Agreement with Collier County Housing Authority Attached for your records is an original of the document referenced above (Item #16D9) approved by Board of County Commissioners on July 24, 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 Non-Profit Housing, Inc. DB /A Immokalee Housing & Family Services Community Center Generator Catalog of Federal Domestic Assistance # 14.228 HUD Grant, Florida Department of Economic Opportunity # IODB- D4- 09- 21- O1 -K09 Rule: Emergency Rule 9BER09 -2 THIS AGREEMENT is made and entered into by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY "), and the " Immokalee Non - Profit Housing, Inc. D /B /A Immokalee Housing and Family Services ", a private not -for- profit corporation existing under the laws of the State of Florida, having its principal office at 2449 Sanders Pines Circle, Immokalee, Florida 34142, and its Federal Tax Identification number as 59- 2716833 and DUNS # 849855549 ( "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 Initiative Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (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 Immokalee Housing and Family Services. DR] 08 -07 Community Center Generator Page 1 of 29 WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specifild 6 D 9 in Exhibit "A" of this Agreement, in accord with the approved Consolidated Plan; and the CDBG/ DRI agreement #I ODB-D4-09-21 -01 -K09 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 Housing & Family Services (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 Housing & Family Services and Collier County shall be July 24, 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 December 21, 2012. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using CDBG /DRI funding for allowable costs, detennined by COUNTY, in an amount not to exceed Ninety Thousand Dollars and 00 /100, ($90,000.00) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal Immokalee Housing and Family Services. DRI 08 -07 Community Center Generator Page 2 of 29 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. Stal., 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 f lousing and Family Services. DRL 08 -07 Community Center Generator Page 3 of 29 16D9 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 135.11(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. Immokalce Housing and Family Services. DR] 08 -07 Community Center Generator Page 4 of 29 lolly 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 1985 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 lmmokalee Housing and Family Services. DRi 08 -07 Community Center Generator Page 5 of 29 1609 fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Fla. Slat. 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. immokalee Housing and Family Services. DR] 08 -07 Community Center Generator Page 6 of 29 1609 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 Administrative Procedures in effect at the time such modifications are authorized. F. INDEMNIFICATION Immokalec Housing and Family Services. DRI 08 -07 Community Center Generator Page 7 of 29 1609 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.) 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 lmmokalee Housing and Family Services. DRi 08 -07 Community Center Generator Page 8 of 29 I / Agreement throup-h and including the date of termination. (See 24 CFR 85.44.) J. 9 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 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. immokalee Housing and Family Services. DRI 08 -07 Community Center Generator Page 9 of 29 1609 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. 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. Immokalee Housing and Family Services. DR] 08 -07 Community Center Generator Page 10 of 29 16D9 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 (b) 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 Immokalee Housing and Family Services. DRI 08 -07 Community Center Generator Page 11 of 29 under only one federal program may elelo6ll 9 awards of $500,000 or more y p g 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. b. 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 Immokalee Housing and Family Services. DR[ 08 -07 Community Center Generator Page 12 of 29 incorporated herein by reference. 16D9 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 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 Immokalee Housing and Family services. DRI 08 -07 Community Center Generator Page 13 of 29 160y 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. Star 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. Star. 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 malting 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 Immokalec Housing and Family Services. DRI 08 -07 Community Center Generator Page 14 of 29 16D9 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. 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. Immokalce (lousing and Family Services. DRI 08 -07 Community Center Generator Page 15 of 29 X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS 1609 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 lmmokalce blousing and Family Services. DRl 08 -07 Community Center Generator 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 2 L/ day of �! , 20 12 . ATTEST: DWPUT E. BROCK, CLERK **test a! tfi'': C ,Clerk 0 gait e Dated .. MY First Witness �1rGtCe �i llltyn� r e Z Type /print witness name Second Witness c Arece-L,S lfia2 Type /print witness name Immokalee Housing and Fatuity Services. DRI 08 -07 Community Center Generator BOARD OF COUNTY COMMISSIONERS OF COLLIER QO TY, FLORIDA By: �. FRED W. COYLE, CHAIRMA Immokalee Housing & Family Services By: Subrecipient Signatu ''ar �k G-O W h Susan Golden, Executive Director (Print Name) Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney dw Page 17 of 29 16D9 B. EXHIBIT "A" SCOPE OF SERVICES Immokalee Housing and Family Services Community Center Generator A. PROJECT SCOPE: 1609 On May 25, 2010, item 161310, the Board of County Commissioners accepted a federally- funded disaster recovery agreement 9 1 ODB-D4-09-2 1 -0 1 -K09 with the Florida Department of Economic Opportunity (DEO). The most recent modification to that agreement was approved by the Board on July 24, 2012. This most recent modification included the addition of a generator project at The Carl Kuehner Community Center in Immokalee, Florida. Details of this project's scope of work are consistent with and support certain details of that agreement. Immokalee Housing and Family Services will undertake a generator project located at the Carl Kuehner Community Center in Immokalee Florida. The sum of $90,000 will be used to provide a generator for the facility. 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 Ninety Thousand Dollars and 00 /100 ($90,000.00) in CDBG /DRI funding for the project scope described above. Line Item Description CDBG/DRI Funds Generator $ 90,000.00 TOTAL $ 90,000.00 Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. Immokalee Housing and Family Services. DRI 08 -07 Community Center Generator Page 18 of 29 16B9 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 6/2012 8/2012 Prepare project plans and specifications 8/2012 9/2012 Procure eligible Contractor(s) 9/2012 9/2012 Obtain Permits and Contractor order materials 9/2012 9/2012 Begin generator installation 12/2012 12/2012 Complete final inspections and project close out D. PAYMENT SCHEDULE The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Provide generator and As invoiced per contractor's schedule of values installation Immokalce Housing and Family Services. DRI 08-07 Community Center Generator Page 19 of 29 1609 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 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 Immokalee Housing and Family Services, DRI 08 -07 Community Center Generator Page 20 of 29 EXHIBIT «B» 1609 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 SUBRECIPEENT 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. OPERATIONMANAGEMENT PHASE (IF APPLICABLE) Immokalee Housing and Family Services. DRI 08 -07 Community Center Generator Page 21 of 29 16D9 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 Housing and Family Services. DRI 08 -07 Community Center Generator Page 22 of 29 EXHIBIT "C" ADDITIONAL CDBG GRANT REQUIREMENTS There are no additional grant requirements Immokalec Housing and Family Services. DRI 08 -07 Community Center Generator Page 23 of 29 EXHIBIT "D" REQUIRED SUBMITTALS D -1 Request for Payment D -la Release and Affidavit Form D -2 CDBG Monthly Progress Report Immokalee Housing and Family Services. DRI 08-07 Community Center Generator Page 24 of 29 16D9 SCHEDULE '(D-l" COLLIER COUNTY HO USING , HUMAN AND VETERAN SERVICES 1609 REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Immokalee Housing and Family Services Subrecipient Address: 2449 Sanders Pines Circle Immokalee Fl. 34142 Project Name: Community Center generator Project No: DRI 08 -07 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $90,000.00 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) Immokalee Ilousing and Family Services. DRI 08 -07 Community Center Generator Page 25 of 29 16D9 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: 1:3A Print name and title STATE OF COUNTY OF am 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) Immokalec Housing and Family Services. DRI 08 -07 Community Center Generator (Signature) Name: (Legibly Printed) Notary Public, State of: Page 26 of 29 Commission No.: •1• 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'x` of the following month. Status Report for Month of Project Name Community Center generator Submittal Date: Project Number DRI 08 -07 Activity Number Subrecipient: Immokalee Housing and Family Services Contact Person Susan Golden Telephone: (239) 657 -8333 Fax: (239) 657 -8335 E -mail; s olden ihfservices.or 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 Housing and Family Services. DRI 08 -07 Community Center Generator Page 27 of 29 16D9 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) BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of 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 L " 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 I. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this nurnuer, crr uux _? ucwn -. 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 %) Immokalee Housing and Family Services. DR] 08 -07 Community Center Generator Page 28 of 29 16D9 Subrecipient's must indicate total beneficiaries for xace AN h tnnig y 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 Latina: 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 # Hispa nic 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: Immokalec Housing and Family Services. DRI 08 -07 Community Center Generator Page 29 of 29