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Backup Documents 09/14/2010 Item #16D 7ORIGINAL DOCUMENTS CHECKLIST & ROUTING 169 7 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the amino fthe Chairman', cipnamre draw a line thrniwh rnutinv lines 41 thronph 94 cmmnlefe the checklist and forward to Ian Mitchell fline k51 Route to Addressee(s) List in routing order Office Initials Date Jennifer White County Attorney's Office Agenda Item Number �3 Approved by the BCC Ian Mitchell, Executive Manager Board of County Commissioners Z} /p Minutes and Records Clerk of Courts Office 2 Attached Agreement. Documents attached Goodlelte Arms Agreement contracts, agreements, etc. that have been fully executed by all parties except the BCC 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 siE_nature are to be delivered to the BCC office only alter the BCC has acted to approve the item ) Name of Primary Staff Contact Lisa Oien / Housing & Human Services Phone Number 252 -6141 Agenda Date Item was September 14, 2010 Agenda Item Number 16D7 Approved by the BCC Original document has been signed/ initialed for legal sufficiency. (All documents to be LO Type of Document Two (2) copies of a Subrecipient Number of Original 2 Attached Agreement. Documents attached Goodlelte Arms Agreement INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9 03 04, Revised 1 26.05, Revised 2 .24 OS Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applica ble 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 NA 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 re fitted. 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 torwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on 9/14/2010 (enter date) and all changes LO made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9 03 04, Revised 1 26.05, Revised 2 .24 OS 160 MEMORANDUM Date: September 23, 2010 To: Lisa Oien, Housing and Human Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Subrecipient Agreement For: Goodlette Arms Agreement Attached you will find two (2) Original Documents, as referenced above (Agenda Item #16D7) and approved by the Board of County Commissioners on Tuesday, September 14, 2010. Forward an original fully executed document to the Minutes and Records. If you should have any questions, please call me at 252 -7240. Thank you. Attachment (2) 160 7 AGREEMENT BETWEEN COLLIER COUNTY AN]) Goodlette Arms, LLC Hurricane Hardening Catalog of Federal Domestic Assistance # 14.228 Emergency Rule 9BER09 -2 CDBG/DRI Contract # 10- DB- D4- 09- 21- 01 =K09 THIS AGREEMENT is made on June 22, 2010 and entered into by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY "), and "Goodlette Arms, LLC. ", a limited liability company existing under the laws of the State of Florida, having its principal office at, 500 Skokie Blvd, Suite 600 Northbrook, IL 60062, whose soul member is Full Circle Communities, Inc., a private non - profit with 501 0(3) status and its Federal Tax Identification number as 59- 3735130 WHEREAS, the COUNTY has entered into an agreement with the Florida Department of Community Affairs, (DCA) for a grant for the execution and implementation of a Community Development Block Grant/Disaster Recovery Initiative Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood /community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year 2010 -2011 for the CDBG Program with Resolution 2010 -85 on April 27, 2010; and WHEREAS, Resolution 08 -121 was developed following the Collier County Consolidated Plan — Citizen Participation Plan, adopted on January 9, 2001 with Resolution 01 -02; and WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2010 -2011 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Agreement with the Florida Department of Community Affairs for $9,963,208 in Community Development Block Grant Disaster Recovery Initiative (DRI), funds relating to the 2008 Hurricane Season on May 25, 2010. 2008 CDBG/ DR] Project #2008.01 Goodlette Arms, LLC Hurricane Hardening Page t of 27 160 7 WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit A of this Agreement, in accord with the approved Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the 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, 24 CFR part 570. (C) "HHVS" means Collier County Department of Housing, Human and Veteran Services. (D) "HHVS's Approval" means the written approval of the Department of Housing Human and Veteran Services or designee. (E) " SUBRECIPIENT" means Goodlette Arms. LLC (F) "HUD" means the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (G) "Low and moderate income persons" means the definition set by HUD. (H) "Project" means the work to be performed as set forth in Exhibit "A." (1) "DRI" means Disaster Recovery Initiative. (J) "DCA" means the Florida Department of Community Affairs. II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHVS, perform the tasks necessary to conduct the program outlined in Exhibit "A." III. TIME OF PERFORMANCE June 22, 2010 is the effective date of DCA Agreement #10- DB- D4- 09- 2101 -K09 with Collier. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of DCA Agreement # I O-DB-D4-09-21 01 -K09. Subrecipients are authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to HHVS prior written approval. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior date to June 21, 2012. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall CDBG/DRI funding for allowable Million One Hundred Ninety Sei described in Exhibit "A." 2008 CDBG/ DRt Project #2008 -01 Goodlette Arms, LLC Hurricane Hardening be reimbursed based on valid pay requests by the COUNTY using costs, determined by COUNTY, in an amount not to exceed One en Thousand Five Hundred Dollars (51,197,500) for the s-4— Page 2 of 27 16 0 All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work progresses. Payment will be made upon receipt of a proper invoice and in compliance with § 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHVS. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HHVS at its office, presently located at 3301 E. Tamiami Trail, Building H, Suite 211, Naples, Florida 34112, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHVS' Policies and Procedures memoranda. Should a project receive additional funding after the commencement of this Agreement, the 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 2008 CDBG/ DRI Project #2008 -01 Goodlette Arms, LLC Hurricane Hardening Page 3 of 27 160 '07 The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations and orders of the State, local and Federal governments, including, but not limited to: 1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Title VI of the 1984 Civil Rights Act, 42 USC § 2000d, et. seq. 4. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 5. Executive Order 11246 ( "Equal Employment Opportunity "), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 6. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. 7. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 8. Age Discrimination Act of 1975. 9. Contract Work Hours and Safety Standards Act, 40 USC 327 -332. 10. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5). 11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 12. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis. Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c)). 13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 14. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 15. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 2008 CDBG/ DRI Project #2008 -01 Goodleue Arms, LLC Hurricane Hardening Page 4 of 27 160 7 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. 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 2008 CDBG /.DRI Project #2008.01 Goodlette Arms, LLC Hurricane Hardening Page 5 of 27 160 7 and by COUNTY'S staff person who would make the presentation of any settlement reached at mediation to COUNTY'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Fla. Stat. 26. Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135 D. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to HHVS for its review and approval, which will specifically include a 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 provided by the COUNTY without prior written approval of the HHVS or its designee. E. AMENDMENTS This Agreement, and any exhibit or attachment, may be amended only by written agreement executed by the governing boards of both parties, except that County representative(s) may approve adjustments between line item amounts, scope clarifications, or an extension of time and schedule that do not change the project, or exceed the amount funded by the County, as stated herein. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. F. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. 2008 CDBG/ DRI Project #2008-01 Goodlette Arms, LLC Hurricane Hardening Page 6 of 27 160 7 G. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by HHVS in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HHVS' support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for projects funded by HHVS. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. The construction sign shall comply with applicable County codes. H. TERMINATION In event of termination for any of the reasons identified in sub - sections 1 -3 as follows, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to HHVS or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set- off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. (See 24 CFR 85.43.) 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. (See 24 CFR 85.44.) 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. 2008 CDBGI DRI Project #2008 -01 Goodlette Arms, LLC Hurricane Hardening Page 7 of 27 160 7 1. INSURANCE SUBRECIPIENT shall obtain and carry, at all times during its perfo rmance under the Contract °B" to this Agreement. d Documents, insurance of the types and in the amounts described herein an further set forth in Exhibit SUBRE NPIENT LIABILITY ITY 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 ommis in these requirements within twenty (20) calendar days after the Board of County C sioners' 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. DOCUMENTATI NAND RECORDKFFpING The SUBRECIPIENT shall maintain all records required by CDBG. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Upon completion of all work contemplated 2008 CDBG/ DRI Project 4200"1 Goodlette Arms, LLC Hurricane Hardening Page 8 of 27 16D 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 payment 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 Payment will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. The SUBRECIPIENT agrees that HHVS will carry out periodic monitoring and evaluation activities as determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion 2008 CDBG/ DRI Pmject #2008 -01 Gwdlette Arms, LLC Hurricane Hardening Page 9 of 27 160 7 of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. ADDITIONAL HOUSING. HUMAN and Veteran SERVICES. COUNTY AND HUD 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. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -I 10, A -122, 24 CFR Part 84, and 24 CFR Part 85. G. AUDITS AND INSPECTIONS Non - profit organizations that expend $500,000 or more annually in federal awards shall have a single or program - specific audit conducted for that year in accordance with OMB A -133. Non -profit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program - specific audit performed in accordance with OMB A -133. 2. Non - profit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review (e.g., inspections, evaluations). These agencies are required by HHVS to submit "Reduced Scope" audits (e.g., financial audit, performance audits). They may choose, instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the program in which they participate. 3. When the requirements of OMB A -133 apply, or when the SUBRECIPIENT elects to comply with OMB A -133, an audit shall be conducted for each fiscal year for 2008 CDBG/ DRI Project #200MI Goodlette Arms, LLC Hu"icane Hardening Page 10 of 27 160 7 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. The SUBRECIPIENT shall include in all HHVS approved subcontracts each of the record- keeping and audit requirements detailed in this contract, H. PROGRAM - GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to HHVS. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to HHVS, and said plan shall require the prior written approval of HHVS or its designee. Accounting and disbursement of such income shall comply with OMB Circular A- 110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference, Program Income, as defined by 24 CFR 570.500(a), may be retained by the COUNTY. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income received by the SUBRECIPIENT or its sub - contractors shall be returned to the COUNTY unless the SUBRECIPIENT requests and is authorized by HHVS to utilize uncommitted funds. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the 2008 CDBG/ DR] Project #2008.01 Goodlette Arms, LLC Hurricane Hardening Page I1 of 27 16G 7 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 9/6) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. D. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the 2008 CDBG/ Dot Project #2008 -01 Goodlette Arms, LLC Hurricane Hardening Page 12 or27 160 7 project target area. E. PUBLIC ENTITY CRIMES As provided in § 287,133, Fla. Stat. by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3)(a), Fla. Stat. F. DRUG -FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). G. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated 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 the award documents for all sub - awards at all tiers (including sub con tra- grants, contracts under grants, loans, and cooperative agreements) and t SUBRECIPIENTS shall certify and disclose accordingly. 2008 CDBG/ DF1 Project #200"1 Cmdlene Arms, LLC Hurricane Hardening Page 13 or 27 included in -- 160 7 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. ENVIRONMENT i CONDITIONS A. AIR AND WATER The SUBRECIPIENT agrees to comply with the following requirements: I. 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. 2008 CDBG/ DRI Project #2008.01 Goodlette Arms, LLC Hurricane Hardening Page 14 of 27 160 7 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. MR. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of Twenty Seven (27) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XIV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties and constitute the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. 2008 CDBG/ DR[ Project #2008 -01 Goodlette Arms, LLC Hurricane Hardening Page 15 of 27 feff ! IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this September 14, 2010. ATTEST: DWIGHT E;,BROCK,,tlpK Datcd: , W (�(! TYpelprint witness name 7008 CDBGI DIU Project 82008-01 Goodiame Arm, LLC Hurricane Hardening BOARD OF COUNTY COMMISSIONERS OF COLLIER CQUIJTY, FLORIDA FRED CHAIRMM Page 16 of 27 Goodlette s LLC. A David Gottlieb, EX4cutive Dili ctor Approved as to form and legal sufficiency: Jennifer VMutz Assistant County Attomey EXHIBIT "A" SCOPE OF SERVICES Goodlette Arms, LLC Hurricane Hardening A. PROJECT SCOPE: 1.6D 0 7 On May 25, 2010 the Board of Commissioners approved Disaster Recovery Grant Agreement #IODB- D4- 09- 21- 01 -K09 with the Florida Department of Community Affairs. Details of this scope of work are consistent with and support certain details of that agreement. Goodlette Arms, LLC will undertake a Hurricane Harden project at their facility, the Goodlette Arms Apartments, located at 950 Goodlette Road, Naples, Florida. The sum of $1,197,500 will be used to install impact resistant windows, store (rant entryways and Exterior doors. Hurricane hardening activities include installation of a generator, impro vements to the roof structures on site, improvements to the stormwater protection system at the building as well as the stormwater system at the entrance to the property. This funding will cover all costs associated with the construction of these hardening activities. The project entails the hardening of 252 units. The project will be further defined by the DCA approved bid specifications and contractor eligibility. The detailed project scope will be contained in the bid specification of the vendor awarded the project's construction contract. The project construction contract will include details sufficient to the document the number, 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 Department of Housing, Human and Veteran Services is providing MILLION ONE HUNDRED NINETY SEVEN THOUSAND FIVE HUNDRED DOL ($1,197,500) in CDBG -DRI funding for the project scope described above. 2008 CDBG/ DRI Project #2008-01 Goodlette Arms, LLC Hurricane Hardening Page 17 of 27 ONE 160 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 07/2010 10/2010 Bid Pre aration 11/2010 12/2010 Procure eligible contractor(s)& conduct preconstruction conference 1/2010 3/2010 Obtain ermits &contractor order materials in 4/2010 5/2012 Window and door installation for building A, roof project, threshold drainage for buildings A and B, improve storm drain at property entrance. 4/2010 5/2012 Window and door installation for B, maintenance garage and community buildings. Install generator and complete hardening activities. 5/2012 6/2012 Complete final inspections and close out project. The above Project Work Plan detail items to be completed and submitted by "Date End ". Modifications to the above Work Plan require the approval of the Florida Department of Community Affairs and the Board of County Commissioners. A Work Plan modification will be required if the listed activity exceeds the assigned end date by 90 days or greater. Any Modification(s) will be made an integral component of this agreement. E. PAYMENT WORK PLAN Pa men' Schedule #771A invoicedper contractor's schedule of ues ues 2008 CDBG/ DR] Project #2008-01 Goodlette Arms, LLC Hurricane Hardening Page IS of 27 160 EXHIBIT "B" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3301 E Tamiami Trail Bldg H Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per occurrence providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the 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 n than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The polio; be in the name of Collier County and the SUBRECIPIENT. 2008 CDBG/ DR] Project #2008 -01 Goodlette Arms, LLC Hurricane Hardening Page 19 of 27 X60 7 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: 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 "Ail 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. 2008 CDBG/ DRI Project #2008 -01 Goodlette Arms, LLC Hurricane Hardening Page 20 of 27 16D 7 EXHIBIT "C" ADDITIONAL CDBG GRANT REQUIREMENTS There are no additional grant requirements. 2008 CDBG/ DRI Project #2008 -01 Goodlette Arms, LLC Hurricane Hardening Page 21 of 27 160 7 EXHIBIT "D" REQUIRED SUBMITTALS D -1 Request for Payment D -2 CDBG Monthly Progress Report 2008 CDBG/ DR] Project #2008.01 Goodlette Arms, LLC Hurricane Hardening Page 22 of 27 SCHEDULE "D -1" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REOUEST FOR PAYMENT Subrecipient Name: Goodiette Arms, LLC Subrecipient Address: 500 Skokie Blvd, Suite 600 Northbrook IL 60062 Project Name: Goodlette Arms Hurricane Hardening Project No: DR 08 -01 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 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 Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ $1,197,500 160 7 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. Authorizing Grant Coordinator 2008 CDBG/ DRI Project 92008 -01 Goodlette Arms, LLC Hurricane Hardening Signature Title Page 23 of 27 Date Supervisor (approval authority under $14,999) Dept Director 2008 CDBG/ DRl Project #2008 -01 Goodlene Arms, LLC Hurricane Hardening Page 24 of 27 160 (approval required $15,000 and above) 160 7 SCHEDULE "D -2" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing &Human Service's staff by the 10'* of the following month. Status Report for Month of Submittal Date: Project Name Goodlette Arms, Hurricane Hardening Project Number DR 08 -05 Activity Number Subrecipient: Goodlette_Arms. LLC Contact Person Joshua Wilmoth, Area Manaeer Telephone: 847-656-5140 Fax:857480 -5760 E -mail: 6oshua.wilmoth(alfullcircle.com 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. New contracts executed this month (if applicable): 2008 CDBG/ DRI Project #2008-01 Goodlette Arms, LLC Hurricane Hardening Page 25 o£27 16D 7 Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on following page) Ethnicity (see definitions on following page) Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51 -80 %) Household For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). Enter the number of beneficiaries in the blank space and in Box "1, " INCOME Of the households or persons assisted, are extremely low- income income (0 -300 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- 801 /o) of the current Median Family Income (MFI). Enter this number in Box "4. " NOTE. The total of Boxes 2,3 and 4 should equal the number in Box L FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX I BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51 -80 %) Household Persons Assisted (0 -30 %) (31 -50 %) 2008 CDBG/ DRI Project #2008 -01 Goodlette Arms, LLC Hurricane Hardening Page 26 of 27 160 7 Subrecivient's must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Black or African - American: A person having origins in any of the black racial groups of Africa. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicity Beneficiaries T, a #.Total White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi - Racial TOTAL: 2008 CDBG/ DRI Project #2008 -0I Goodlene Anns, LLC Hurricane Hardening Page 27 of 27 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI1 6 D ' TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw aline throu h routing lines fit through #4, complete the checklist, and forward to Ian Mitchell line 45), Route to Addressee(s) List in muting order Office Initials Date Jennifer White County Attorney's Office Agenda Item Number 16D7 Ian Mitchell, Executive Manager Board of County Commissioners LO Minutes and Records Clerk of Courts Office Number of Original 4 Attached duplicate therefore four (4) documents Documents attached CRA Chairman signature with two (2) witnesses and the PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending 13CC 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 Contact Lisa Olen / Housing & Human Services Phone Number 252 -6141 Agenda Date Item was September 14, 2010 Agenda Item Number 16D7 Approved by the BCC Original document has been signed/ initialed for legal sufficiency. (All documents to be LO Type of Document Two (2) Subrecipient Agreements in Number of Original 4 Attached duplicate therefore four (4) documents Documents attached CRA Chairman signature with two (2) witnesses and the BCC Chairman signature 2. Immokalee CRA and Bayshore CRA NA INSTRUCTIONS & CHECKLIST L Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS 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) Applic able 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 NA 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 9/14/2010 (enter date) and all changes LO made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. L Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05.. Revised 2.24.05 160,*% MEMORANDUM Date: September 24, 2010 To: Lisa Oien, Housing and Human Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Agreement between Collier County & Immokalee Area Community Redevelopment Agency (CRA) For: Contract #10- DB- D4- 09- 21- 01 -K09 Attached you will find four (4) Original Documents, as referenced above (Agenda Item #16D7) and approved by the Board of County Commissioners on Tuesday, September 14, 2010. Forward an original fully executed document to the Minutes and Records. If you should have any questions, please call me at 252 -7240. Thank you. Attachment (1) 160 7 AGREEMENT BETWEEN COLLIER COUNTY AND IMMOKALEE AREA COMMUNITY REDEVELOPMENT AGENCY (CRA) Downtown Immokalee Stormwater Improvements Catalog of Federal Domestic Assistance # 14.228 Emergency Rule 9BER09 -2 CDBG /DRI Contract # 10- DB- D4- 09- 21- 01 -K09 THIS AGREEMENT is made one June 22, 2010 and entered into by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY "), and the "Immokalee Area Community Redevelopment Agency (CRA)" a Community Redevelopment Agency approved by the Board of Collier County Commissioners, having its principal office at 310 Alachua Street Immokalee, FL 34142, and its Federal Tax Identification number as 59- 6000558, ('SUBRECIPIENT "). WHEREAS, the COUNTY has entered into an agreement with the Florida Department of Community Affairs (DCA) for a grant for the execution and implementation of a Community Development Block Grant/Disaster Recovery Initiative Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year 2010 -2011 for the CDBG Program with Resolution 2010 -85 on April 27, 2010 and WHEREAS, Resolution 08 -121 was developed following the Collier County Consolidated Plan — Citizen Participation Plan, adopted on January 9, 2001 with Resolution 01 -02; and WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2010 -2011 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Agreement with the Florida Department of Community Affairs for $9,963,208 in Community Development Block Grant Disaster Recovery Initiative funds (DRI), relating to the 2008 Hurricane Season on May 25, 2010. 2008 CDBG/ DRI Project #2008-03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 1 of 26 160 7 WHEREAS, the County and the SUBRECIPIENT desire to provide the activities specified in Exhibit "A" of this Agreement, in accord with the approved Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the CDBG /DRI Program as a valid and worthwhile County purpose. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. (A) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (B) "CDBG" means the Community Development Block Grant Program, (24 CFR Part 570). (C) "HHVS" means Collier County Department of Housing, Human and Veterans Services. (D) "HHVS's Approval" means the written approval of the Department of Housing, Human and Veteran Services or designee. (E) "SUBRECIPIENT" means Immokalee Community Redevelopment Agency. (F) "HUD" means the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (G) "Low and moderate income persons" means the definition set by HUD. (H) "Project" means the work to be performed as set forth in Exhibit "A." (1) "DRI" means Disaster Recovery Initiative Program (J) "DCA" means The Florida Department of Community Affairs H. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHVS, perform the tasks necessary to conduct the program outlined in Exhibit "A." III. TIME OF PERFORMANCE June 22, 2010 is the effective date of DCA Agreement 410- DB- D4 -09- 2101 -K09 with Collier. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of DCA Agreement #10- DB- D4 -09- 2101 -K09. Subrecipients are authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to HHVS prior written approval. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior date to June 21, 2012. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. IV. CONSIDERATION AND LIMITATION OF COSTS 2008 CDBG/ DRI Project #2008-03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 2 of 26 160 e 7 The SUBRECIPIENT shall be reimbursed by the COUNTY using CDBG /DRI funding for allowable costs, determined by COUNTY, in an amount not to exceed Three Million, Five Hundred Thirty Three Thousand, One Hundred 'twenty Four Dollars ($3,533,124.00) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work progresses 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 tinder this Agreement shall be sufficient when delivered to HHVS at its office, presently located at 3301 E Tamiami Trail, Bldg H, Suite 211, Naples, Florida 34112, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHVS' Policies and Procedures memoranda. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify HHVS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by HHVS or its designee within forty -five (45) days of said official notification. B. DEBARMENT The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not 2008 CDBG/ DR] Project 42008 -03 Collier County Community Redevelopment Agency - Immol alce Downtown Immokalee Stortnwater Improvements Page 3 of 26 160 -� knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended t'rom participating in this covered transaction. C. LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations and orders of the State, local and Federal governments, including, but not limited to: 1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Title VI of the 1984 Civil Rights Act, 42 USC § 2000d, et. seq. 4. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 5. Executive Order 11246 (`Equal Employment Opportunity "), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 6. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. 7. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 8. Age Discrimination Act of 1975. 9. Contract Work Hours and Safety Standards Act, 40 USC 327 -332. 10. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5). 11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 12. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees im 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. 2008 CDBG / DRI Project 42008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 4 of 26 160 7 14. Executive Order 11625 and U.S. Department of Ilousing 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 I lousing 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 o f f igher Education, I lospitals and Other Non -Profit Organizations. 19. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. 20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 21. Chapter 112, Florida Stahlles. 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part Ill, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith 2008 CDBG/ DR[ Project #2008-03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 5 of 26 16V ,; 7 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. Slat. 26. Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135 D. SUBCONTRACT'S Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to HHVS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Scope of Services set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department, Florida Statutes and HUD. Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval 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 amoturts, scope clarifications, or an extension of time and schedule that do not change the project, or exceed the amount funded by the County, as stated herein. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 2008 CDBG/ DRI Project 42O08 -03 Collier County Community Redevelopment Agency - humokalee Downtown Immokalee Stormwater Improvements Page 6 of 26 160,7 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 constinne a waiver of sovereign immunity beyond the limits set forth in Section 76828, Florida Statutes. G. GRANTEE RECOGN HION 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 F,qual 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 SUBRFCIPIENT is determined. TERMINATION FOR CAUSE If through any cause tither party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of Such termination to the other party and specifying therein the effective date of termination. (.See 24 CFR 85.43.) 2008 CDBG/ DRI Project 42008 -03 Collier County Community Redevelopment Agency - tmmokalee Downtown Immokalee Stormwater Improvements Page 7 of 26 160 7 2. 'TERMINATION FORCONVENIE,NCE 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 1 of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. I. INSURANCE 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 LIABILfTY OBLIGA "TION Compliance with the insurance requirements in Exhibit "B" shall not relieve the SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County 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. 2008 CDBG/ DRI Project #2008-03 Collier County Community Redevelopment Agency - Immohlee Downtown Immokalee Stormwater Improvements Page 8 o f 26 160 77 VII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non -Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORDKEEPING The SUBRECIPIENT shall maintain all records required by CDBG. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HIIVS. 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 tiles containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 2008 CDBG/ DRI Project #2008 -03 Collier County Community Redevelopment Agency - lmmokalee Downtown Immokalee Stormwater Improvements Page 9 of 26 160.7 6. If indirect costs arc charged, the SUBRECIPIENT will develop an indirect cost allocation plan lbr 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. S. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible tiles 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 IIEIVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRFCIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HI-IVS or HUD. D. ADDITIONAL HOUSING. HUM.NN 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. PRIOR WRITTEN APPROVALS (1) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (2) All capital equipment espendihres of $1,000 or more; (3) All out -of -town travel (travel shall be reimbursed in accordance with Chapter 112, Fla. Slar unless otherwise required by CDBG); (4) All change orders; 2008 CDBG/ DRI Project #2008-03 Collier County Community Redevelopment Agency - Immok:dce Downtown Immokalee Stormwater Improvements Page 10 of 26 1b0 7 (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, shalt 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. 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. 2008 CDBG/ DRI Project 42008 -03 Collier County Community Redevelopment Agency - Immoknlee Downtown Immokalee Smrmwater Improvements Page I I of 26 160.7 5. The SUBRECIPIENT shall maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 6. The SUBRECIPIENT shall include in all HHVS approved subcontracts each of the recordkeeping and audit requirements detailed in this contract. H. PROGRAM - GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to HHVS. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to HHVS, and said plan shall require the prior written approval of HHVS or its designee. Accounting and disbursement of such income 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. 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 REOUTIZEMENTS A. OPPORTUNI'T'IES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be 2008 CDBG/ Dw Project 42008-03 Collier County Community Redevelopment Agency - Inunokalee Downtown Immokalee Stormwater Improvements Page 12 of 26 160, 7 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 SUBRECIP[ENT 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 CR[MES As provided in § 287.133, ],'Ia. 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. Stat. 2008 CDBG/ DRI Project #2008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 13 of 26 160 7 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: I. 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. 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: I. Clean Air Act, 41 USC 7401, etseg. 2008 CDBG/ DRI Project 42008 -03 Collier County Community Redevelopment Agency - Innnokulee Downtown Immokalee Stormwater Improvements Page 14 of 26 160 7 2. Federal Water Pollution Control Act, 33 USC 1251, et seg., 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 SUBRECIPIENI' 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 partthereof. XIII. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -eight (28) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an 2008 CDBG/ DR I Project #2008 -03 Collier County Community Redevelopment Agency - Inmokalee Downtown Immokalee Stormwater Impro� ements Page 15 of 26 160 ,7 original, and such counterparts will constitute one and the same instrument. XIV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties and constitute the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this September 14, 2010. ATTEST: - - BROCK;CLERK r First Witness A X" i Second Witness %hnl l"l-c DEL` Type /print witness name BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA II By: 2008 CDBG/ DRI Project #2008-03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements FRED W. COYLE, Collier County Community Redevelopment Agency - Immokalee L"� zi�- Donna F' la, Chairman Collier County Community Redevelopment Agency Approved as to form and legal sufficiency: Jennifer cite Assistant County Attorney Page 16 of 26 16D 7 EXHIBIT "A" SCOPE OF SERVICES Collier County Immokalcc Area Community Redevelopment Agency (CRA) Flood and Drainage Project A. PROJECT SCOPE: On May 25, 2010 the Board of Commissioners approved Disaster Recovery Grant Agreement #IODB- D4- 09- 21- 01 -KO9 with the Florida Department of Community Affairs. Details of this scope of work are consistent with and support certain details of that agreement. On June 9, 2009, the Board of County Commissioners approved the Immokalee Stormwater Management Master Plan. CDBG -DRI funding will be used to develop a stormwater pond site and to improve the drainage system within the Imtokalee urban development area. The Immokalee Area CRA project will purchase a minimum of five (5) acres of vacant land to develop a stormwater pond site. The land to be purchased may consist of a single site or multiple sites. Additionally, the Immokalee Area CRA will undertake a flood and drainage improvement project to result in the installation of a minimum of 13,625 linear feet of pipes, swales, culverts, associated materials and related site restoration activities. The project will be further defined in the construction agreement that will be subsequently approved by the Board of County Commissioners. The detailed project scope will be contained in the bid specifications of the vendor awarded the project's construction contract. The project construction contract will include details sufficient to document the number, amount, and costs associated with all activities. The project activities will meet the U.S. Department of Housing and Urban Development's national objective to benefit low and moderate income areas. B. BUDGET Collier County Housing, Human and Veteran Services is providing Three Million Five Hundred Thirty Three Thousand One Hundred Twenty Four Dollars and 00 /100 ($3,533,124) in CDBG -DRI funding for the project scope described above. Line Item Description Amount of CDBG -DRI Funds Land Acquisition $1,600,000.00 Flood and Drainage Improvement $1,933,124.00 TOTAL $3,533,124.00 2008 CDBG/ DP I Project #2008-03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Slormwater Improvements Page 17 of 26 160 �► 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 Datc End Work Plan 07/2010 11/2010 Purchase pond site 12/2010 Ol /2011 Prepare bid documents 02/201 1 63/2011 Procure eligible contractor(s) & conduct preconstruction conference 03/2011 -64/2011 Obtain permits & contractor(s) orders materials 05/2011 05/2012 Begin stormwater improvements & associated activities 06/2012 06/2012 Complete final inspections and project close -out The above Project Work Plan details items to be completed and submitted by "Date End ". Modifications to the above Work Plan require the approval of the Florida Department of Community Affairs and the Board of County Commissioners. A Work Plan modification will be required if the listed activity exceeds the assigned end date by 90 days or greater. Any modification(s) will be made an integral component of this Agreement. D. PAYMENT SCHEDULE The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Purchase pond site Upon acquisition Obtain permits Actual cost at ermit a lication Flood and drainage improvements Monthly invoices per contractor's Schedule of Values 2008 CDBG/ DRI Project #2008-03 Collier County Community Redevelopment Agency - Immokalce Downtown Immokalee Stormwater Improvements Page 18 of 26 160 7 EXHIBIT "B" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3301 E Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 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 from claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original policies indicating the following types of insurance coverage prior to any construction: 5. 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.LM.A. This policy will be provided as such time that lie buildings' walls and roof exist. OPERATION /MANAGEMENT PHASE (IF APPLICABLE) 2008 CDBG/ DR] Project #2008-03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 19 of 26 160 ? 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 all 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 atructurc(s) or the maximum amount of coverage available through the National Flood Insurance Program (NF1P). The policy must show Collier County as a Loss Payee A.T.I.M.A. 2008 CDBG/ DRI Project #2008 -03 Collier County Community Redevelopment Agcncy - Immolmlee Downtown Immokalee Stormwater Improvements Page 20 of 26 160 EXHIBIT "C„ ADDITIONAL CDBG GRANT REQUIREMENT'S There are no additional grant requirements. 2008 CDBG/ DRI Project #2008-03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 21 of 26 16D 7 EXHIBIT "D" REQUIRED SUBMITTALS D -1 Request for Payment D -2 CDBG Monthly Progress Report 2008 CDBG/ DRI Project #2008-03 Collier County Community Redevelopment Agency - Onmokalee Downtown Immokalee Stormwater Improvements Page 22 of 26 160 7 SCHEDULE "D -1" COLLIER COUNTY HOUSING, HUMAN AND VETERANS SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: h°nmol<alee Area Community Redevelopment Agency Subrecipient Address: 310 Alachua Street Immokalee. FL 34142 Project Name: Downtown Immokalee Stormwater Improvements Project No: DR 08 -3 Payment Request # Dollar Amount Requested: SECTION II: STATUS OF FUNDS 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 $ 3,533,124.00 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 Title Authorizing Grant Coordinator Dept Director Date (approval authority under $14,999) (approval required $15,000 and above) 2008 CDBG/ DRI Project 42008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 23 of 26 160 7 SCHEDULE "D -2" CDBG MONTHLY PROGRESS REPORT Complete form for past month and sahnrit to Housing &Hunan Service's staff by the 101p of the following month. Status Report for Month of Submittal Date: Project Name Downtown Immokalee Stormwater tmprovements Project Number DR 08 -03 Activity Number Subrecipient: Immokalee Area Community Redevelopment Agency Contact Person Telephone: (239) 252 -2310 Fax: (239) 252 -3970 E -mail: pennyphillippi (ci�,,collicrgov.net I. Activity Status /Milestones (describe any action taken, relating to this project, during the past month): 2. What events /actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. New contracts executed this month (if applicable): 2008 CDBG/ DRI Project 42008-03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 24 of 26 160 ? Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on following page) Ethnicity (see definitions on following page) Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51 -80 %) Household For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). Enter the number of beneficiaries in the blank space and in Box 1. " INCOME Of the households or persons assisted, are extremely low- income income (0 -30 %) of the current Median Family Income (MFI). Enter this number in Box "2. " Of the households or persons assisted, are very low - income (31 -50 %) of the current Median Family Income (MFI). Enter this number in Box '3. " Of these households or persons assisted, are low- income (51 -80 %) of the current Median Family Income (MFI). Enter this number in Box "4. " NOTE: The total of Boxes 2, 3 and 4 should equal the number in Box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "Y' below. BOX I BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51 -80 %) Household Persons Assisted (0 -30 %) (31 -50 %) 2008 CDBG/ DRI Project #2008-03 Collier County Community Redevelopment Agcncy - Inunokalce Downtown Immokalee Stonnwater Improvements Page 25 of 26 160 7 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 BlacldAfrican American Other Multi- Racial 'TOTAL: 2008 CDBG/ DR] Project #2008-03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwiner Improvements Page 26 of 26 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP"' L (� '�1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .L V 0 !t THE BOARD OF COUNTY COMMISSIONERS OFFICE 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 evrentinn of rhn e_.,...., r..,..u- ,..._I­­_ - v.. _.. .,, .. __ . ,,. ... Route to Addressee(s) List in routing order ....... ...... ........,_ ...� .. .,.,... ,... ...1 ,.n,....,..., -1 Office .m wau w eau rvmmn eu Initials une PD). Date 1. Lisa Oien HHVS (Initial) Please call or e-mail 2. Jennifer White County Attorney's Office LO l Agenda Date Item was Approved by the BCC September 14, 2010 Agenda Item Number 16137 Type of Document Subrecipient Agreement Number of 2 3. Ian Mitchell, Executive Manager Board of County Commissioners r/l /` ll�Ual(D 4. Minutes and Records Clerk of Courts Office 171CUV1ARY GUA1At_I 1NNUHMA770N (The primary contact is the holder of the original document pending BCC approval_ Normally the primo-w 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 .I Name of Primary Staff Lisa Oien / Housing, Human and Veteran Phone Number 252 -6141 Contact Services (Initial) Please call or e-mail for pick u Original document has been signed/ initialed for legal sufficiency. (All documents to be LO Agenda Date Item was Approved by the BCC September 14, 2010 Agenda Item Number 16137 Type of Document Subrecipient Agreement Number of 2 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS Y, CHVCWI TQT 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) I. Original document has been signed/ initialed for legal sufficiency. (All documents to be LO signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attomey. 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 possibIX State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's L.O Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the 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 4/27/2010 (enter date) and all changes LO made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1607 MEMORANDUM Date: November 17, 2010 To: Lisa Oien, Grants Coordinator Housing, Human & Veteran Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Disaster Recovery Initiative Subrecipient Agreement between Collier County and the School District CDBG Contract #10- DB- D4- 09- 21- 01 -K09 Attached is an original copy of the document referenced above (Item #16137) approved by the Board of County Commissioners on September 14, 2010. The second original document will be held in the Minutes & Records Department as part of the Board's Official Record. If you have any questions please call me at 252 -8406. Thank you. Attachment 1607 AGREEMENT BETWEEN COLLIER COUNTY AND THE SCHOOL DISTRICT OF COLLIER COUNTY Immokalee Area Public Shelter Enhancements Catalog of Federal Domestic Assistance # 14.228 Emergency Rule 9I3ER09 -2 CDBG /DRI Contract 4 10- DB- D4- 09- 21- 01 -K09 THIS AGREEMENT is made on June 22, 2010 and entered into by and between Collier County, apolitical subdivision of the State of Florida, ( "COUNTY "), and "The School District of Collier County" existing under the laws of the State of Florida, having its principal office at 5775 Osceola Trail Naples, Fl, 34109, and its Federal Tax Identification number as 59- 6000557, WHEREAS, the COUNTY has entered into an agreement with the Florida Department of Community Affairs (DCA) for a grant for the execution and implementation of a Community Development Block Grant(CDBG)/Disaster Recovery Initiative (DRI) 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 tor: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year 2010 -2011 for the CDBG Program with Resolution 2010 -85 on April 27, 2010; and WHEREAS, Resolution 08 -121 was developed following the Collier County Consolidated Plan — Citizen Participation Plan, adopted on January 9, 2001 with Resolution 01 -02; and WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2010 -2011 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Agreement with the Florida Department of Community Affairs for $9,963,208 in Community Development Block Grant Disaster Recovery Initiative fund (DRI), relating to the 2008 Hurricane Season on May 25, 2010. WHEREAS, the COUNTY and the SUBRECIPIENf desire to provide the activities specified in 2008 CDBG DRI Project #2008 -05 The School District of Collier County Immokalee Area Public Shelter Enhancements Page 1 of 26 1607 Exhibit A of this Agreement, in accord with the approved Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the CDBGIDRI 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: 1. (A) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (B) `CDBG'- means the Community Development Block Grant Program (24 CFR Part 570). (C) "HHVS" means Collier County Department of Housing, Human and Veteran Services. (D) "HHVS's Approval" means the written approval of the Department of Housing Human and Veteran Services or designee. (E) "SUBRECIPIENT" means The School District of Collier County. (F) "I-fUD" 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) "DRI" means Disaster Recovery Initiative. (J) "DCA" means Florida Department of Community Affairs. IL SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHVS, perform the tasks necessary to conduct the program outlined in Exhibit "A." III. TIME OF PERFORMANCE June 22, 2010 is the effective date of DCA Agreement 410- DB- D4 -09- 2101 -K09 with Collier. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of DCA Agreement #10- DB- D4 -09- 2101 -K09. Subrecipients are authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to HHVS prior written approval. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior date to June 21, 2012. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs, determined by COUNTY, in an amount not to exceed One Million Six Hundred Thirty Five Thousand Dollars ($1,635,000) for the services described in Exhibit "A." 2008 CDBG DRt Project #2008 -05 The School District of Collier County Immokalee Area Public Shelter Enhancements Page 2 of 26 26D7 All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall directly pay the SUBRECIPIENf for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by IIIIVS pursuant to the submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work progresses. Payment will be made upon receipt of a proper invoice and in compliance with § 218.70, Fla. Seat., otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHVS. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HHVS at its office, presently located at 3301 E. Tamiami Trail, Building H, Suite 211, Naples, Florida 34112, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT The SIBRECIPIENT 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 2008 CDBG DRI Project #2008 -05 The School District of Collier County Immokalee Area. Public Shelter Enhancements Pauc 3 of 1607 orders of the State, local and Federal governments, including, but not limited to: 1. 24 CFR 570, as amended -The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Title VI of the 1984 Civil Rights Act, 42 USC § 2000d, et. seq. 4. 24 CFR 107 -The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 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. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. 7. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 8. Age Discrimination Act of 1975 9. Contract Work I lours and Safety Standards Act, 40 USC 327 -332. 10. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5). 11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 12. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis - Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c)). 13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 14. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 15. Public Law 100 -430 - the Fair housing Amendments Act of 1988. 2008 CDBG DRl Project #2008-05 The School District or Collier County Imrnakalce Area Public Shelter Enhancements Page 4 0l 26 1607 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. 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 111, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall 2008 CDBG DR] Project #2008 -05 The School District of CDllier County Immokalee Area Public Shelter Enhancements Page 5 of 26 -UD7 I 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. SIut 26. Section 3 of the HUD Act of 1468, as amended, and as implemented by the regulations set forth in 24 CFR 135 D. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIFNT to HHVS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Scope of Services set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department, Florida Statutes and HUD. Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval 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. 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 2008 CDBG DRI Project #2008 -05 The School District of Collier County Immokalce Area Public Shelter Enhancements Pace 6 of 26 16D7 indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. U. 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 SUBRFCIPIENT 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 HFIVS 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 SUBRECIPIFNT for set- off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. (See 24 CFR 85.43.) 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 C-FR 85.44.) TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated,, this Agreement shall be suspended or terminated effective on the date that HUD specifics. 2008 CDBG DRI Project #2008 -05 The School District of Collier County Immokalce Arm Public Shelter Enhancements Page 7 of 2G 1607 I. INSURANCE SUBRECIPIENT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit °B" to this Agreement. SUBRECIPIENT LIABILITY OBLIGATION Compliance with the insurance requirements in Exhibit B shall not relieve the SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Commissioners' approval. If the Insurance certificate is received within the specified period, but not in the manner prescribed in these requirements, the SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County. If the SUBRECIPIENT fails to submit the required insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of the contract. K. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that it will be acting as an independent agent and that its employees are not Collier County employees and is not subject to the County provisions of law applicable to County employees relative to employments, hours of work, rates of compensation, leave, unemployment and employee benefits. VII. ADMINISTRATIVE. REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A —110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non - Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORDKEEPING The SUBRECIPIENT shall maintain all records required by CDBG. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or IIHVS. Upon completion of all work contemplated 2008 CDBG DRI Project #2008 -05 the School District of Collier Countv Irmnokalee Area Public Shelter Iinhancemeots Page 8 of 26 1607 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. 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. 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 SL'BRECIPIENI' 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. The SUBRECIPIENT further agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. REPORTS, AUDITS, AND EVALUA "'LIONS 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 2008 CDBG DRI Project #2008 -05 The School District of Collier County Immokalee Area Public Shelter E.uhancements Page 9 of 26 1607 evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable EIHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or MUD to monitor the SUBRECIPIENf on site. Such site visits may be scheduled or unscheduled as determined by IIHVS 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. PURCHASING All purchasing for services and goods, including capital equipment, shall be trade 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 A433. Nat- profit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program - specific audit performed in accordance with OMB A -133. 2. Non- profit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review (e.g., inspections, evaluations). These agencies are required by HHVS to submit "Reduced Scope" audits (e.g., financial audit, performance audits). They may choose, instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the program in which they participate. 2008 CDnG DR I Project #2008 -05 The School District of Collier County Immokalee Area Public Shelter Enhancements Paec 10 of 26 1607 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 HI IVS no later than six months following the end of the SUBRECIPIENT's fiscal year. 4. If an audit is required by Section G of this contract, but the requirements of OMB A -133 do not apply or are not elected, the SUBRECIPIENT may choose to have an audit performed either on the basis of the SUBRECIPIENT's fiscal year or on the basis of the period during which HHVS - federal assistance has been received. In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMB A -133, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report must be received by HHVS no later than six months following each audit period. The SUBRECIPIENT shall maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 6. The SUBRECIPIENT shall include in all HHVS approved subcontracts each of the record - keeping and audit requirements detailed in this contract. H. PROGRAM - GENERATED INCOME, All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to HHVS. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to HHVS, and said plan shall require the prior written approval of HHVS or its designee. Accounting and disbursement of such income shall comply with OMB Circular A- 110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. Program Income, as defined by 24 CFR 570.500(a), may be retained by the COUNTY. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income received by the SUBRLCIPIENT or its sub - contractors shall be returned to the COUNTY unless the SUBRECIPIENT requests and is authorized by HHVS to utilize uncommitted funds. L GRANT CLOSEOUT PROCEDURES 2008 CDBG DRI Project #2008 -05 The School District of Collier County Immokalee Area Public Shelter Enhancements Page I I of 26 16D7 SUBRF,CIPIENT'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 RF'SIDENTS 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 shalt 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 2008 CDBG DW Project #2008-05 The School District of Collier County hnmokalee Area Public Shelter Enhancements Page 12of26 1607 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 f]l]VS 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 CRI.MES 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. Slat. F. DRUG -FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). G. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Fonn to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including subcontracts, sub- 2008 CDBG DRI Project 42008 -05 The School District of Collier County tmmokalec Area Public Shelter Enhancements Page 13 of 26 grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENFS 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 CPR 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 CPR 570.505. IX. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT agrees to comply with the following requirements: I. Clean Air Act, 41 USC 7401, et seq. 2. Federal Water Pollution Control Act, 3.3 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 suhiect to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608. D. HISTORIC PRESERVATION The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 USC 470) and the procedures set forth in 36 CFR 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties. 2008 CDBG DRi Project 42008 -05 The School District of Collier County immokalee Area Public Shelter Enhancements Page 14 of 26 16D7 X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG finds may not be used for religious activities or provided to primarily religious organizations. Section 24 CFR 570.200(j) specifies the limitations on CDBG finds. XI. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBREC:IPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non - expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control will be covered by the regulations 24 CFR 570.503(B)(8)XII. XII. SEVERABlu'rY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. XIII. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of Twenty Eight (28) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XIV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties and constitute the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. 2008 CDBG DRI Project #2008 -05 The School District of Collier County Immokalee Area Public Shelter Enhancements Page 15 of 26 16D7 IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their bands and seals on this September 14, 2010. ATTEST: DWIGHT E. BROCK, CLERK Second Witness Type/print witness name 2008 CDBG DRI Project #2006-05 The school DisW ct of Collier County Immokalee Area Public Shelter Enhe =e= BOARD OF COUNTY COMMISSIONERS OF COLLIER COYNTY FLORID By: FRED W. COYLE, CHAIRMAN Page 16 of 26 Kathleen Curatolo Board Chairperson Approved as to form and legal sufficiency: Jcnnifcr1VWte Assistant County Attorney " Item It Agenda (.� --11 1111 f.� J YtA)p i Date 11 L[Z R Y 11 T\ Type/print witness name 2008 CDBG DRI Project #2006-05 The school DisW ct of Collier County Immokalee Area Public Shelter Enhe =e= BOARD OF COUNTY COMMISSIONERS OF COLLIER COYNTY FLORID By: FRED W. COYLE, CHAIRMAN Page 16 of 26 Kathleen Curatolo Board Chairperson Approved as to form and legal sufficiency: Jcnnifcr1VWte Assistant County Attorney " Item It Agenda (.� --11 1111 Date �-7L� N.J Date 11 L[Z R Y 11 '_. Y 11—r P � EXHIBIT "A" SCOPE OF SERVICES The School District of Collier County Generator Project A. PROJECT SCOPE: 1607 On May 25, 2010 the Board of Commissioners approved Disaster Recovery Grant Agreement ##IODB- D4- 09- 21- 01 -KO9 with the Florida Department of Community Affairs. Details of this scope of work are consistent with and support certain details of that agreement. The School District of Collier County will undertake improvements to the public facilities of Immokalee High School and Immokalee Middle School. The results of the project consists of the installation of a generator at hnmokalee High School, a generator at Immokalee Middle School and installation of impact resistant windows and doors at Immokalee Middle School. This funding will cover all costs associated with the installation of two (2) generators and a minimum of 27 openings to be replaced with impact resistant windows or doors. The project will be further defined by the DCA approved bid specifications and contractor eligibility. The detailed project scope will be contained in the results of the solicitation for bid of the vendor awarded the project's construction contract. The project construction 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 are providing ONE MILLION SIX HUNDRED THIRTY FIVE THOUSAND DOLLARS, ($1,635,000) in CDBG -DRI funding for the project scope described above. Line Item Description Amount of CDBG -DRI Funds Public facilities improvements & generators $1,635,000 TOTAL $1,635,000 2008 CDBG DR Project P2008 -05 The School District of Collier County Immokatee Area Public Shelter Enhancements Pagc 17 of 26 16D7 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 i Work Plan 7/2010 10/2010 Prepare Aid Documents 11/2010 12/2010 Procure Contractor 1/2011 3/2011 Permitting 4/2011 5/2012 Work Commencement 5/2012 5/2012 Work Competition 6/2012 6/2012 Finallnspcctions The above Project Work Plan details items to be completed and submitted by "Date End ". Modifications to the above Work Plan require the approval of the Florida Department of Community Affairs and the Board of County Commissioners. A Work Plan modification will be required if the listed activity exceeds the assigned end date by 90 days or greater. Any modifications(s) will be made an integral component of this Agreement. D. PAYMENT SCHEDULE: Deliverable �— Payment Schedule Pudic Facilities Improvements & I As invoiced per contractor's Schedule of Generators __ � Values 2008 CDBG DRI Project 92008 -05 -the School District of Collier County Immokalee Area Public Shelter Enhancements Page 19 o(26 EXHIBIT "B" INSURANCE REQUIRE FNTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3301 E Tamiami 'frail Bldg 11 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 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 for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the 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. 2008 CDBG DRI Project #2008 -05 The School District of Collier County Immokalee Area Public Shelter Enhanccments Page 19 of 26 1607 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: 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 atnount 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. 2008 CDBG DRI Project #2008 -03 The School District of Collier County Immokalec Area Public Shelter Fnhancements EXHIBIT "C" Page 20 or26 ADDITIONAL COB(' . GRANT REQUIREMENTS There are no additional grant requirements. 2008 CDBG DRI Project #2008 -05 The School District of Collier County Immokalee Area Public Shelter Enhancements Page 21 of 26 16D7 EXHIBIT "D" REQUIRED SUBMITTALS D -1 Request for Payment D -2 CDBG Monthly Progress Report SCHEDULE "D -1" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT 2008 CDBG DR] Project 112008 -05 The School District of Collier County Immokalee Area Public Shelter Enhancements Page 22 of 26 1607 SECTION I: REQUEST FOR PAYMENT Subrecipient Name: _The School District of Collier County Subrecipient Address: 5775 Osceola Trail Naples, FL 34109 Project Name: Immokalee Area Public Shelter Enhancement Project No: DR 08 -05 Payment Request # Dollar Amount Requested: $ SECTION Ii: STATUS OF FUNDS 1. Grant Amount Awarded 16D7 $ $1,635,000.00 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount 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. Authorizing Grant Coordinator Supervisor Dept Director 2008 CDBO DRI Project #2008 -05 The School District of Collier County Immokalee Area Public Shelter Enhancements Signature Title Page 13 of 26 Date (approval authority under $14,999) (approval required $15,000 and above) 16D7 SCIIEDULE "D -2" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing &Human Service's staff by the 10r4 of the following month. Status Report for Month of Date: Project Name Immokalee Area Public Shelter Enhancement Project Number DR 08 -05 Activity Number Subrecipient: The School District of Collier County Contact Person Alvah Ilardy, Executive Director of Facilities Management Telephone: 239-377-0242 Fax:239- 377 -0256 L-mail: hardyal(a`,collicr.k12.fl.us Activity StatuslMilestones (describe any action taken, relating to this project, during the past month): 2. What events /actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. New contracts executed this month (if applicable): 2008 CDBG DkI Project #2008-05 'the School District of Collier County Immokalee Area Public Sheller Enhancements Page 24 of Name of Contractor or Subcontractor. Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on following page) Ethnicity (see definitions on following page) Total Number of :Extremely J%X) Very Low Income Female Head of Households or w Income (51 -80 %) Household For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). Enter the number of beneficiaries in the blank space and in Box "1. " INCOME Of the households or persons assisted, are extremely low- income income (0 -30 %) of the current Median Family Income (MFI). F_nter 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 3 BOX 4 BOX 5 Total Number of :Extremely J%X) Very Low Income Female Head of Households or w Income (51 -80 %) Household Persons Assisted 31- 50 " /n) 2008 CDnc DRt Project #2 008 -05 The School District of Collier County Immokalee Area Public Shelter Enhancements Pagc 25 of 26 16D7 - - - Subrecioient's must indicate total beneficiaries for Racc AND Ethnie Definition 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 R can, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicity Beneficiaries . x.� >t. , V Race 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 B_lac — ican American Other Multi- Racial -- TOTAL. 2008 CDBG DRI Project 82008 -05 "rhe School District of Collier County Immokalee Area Public Shelter Enhancements Page 26 of 26 16D 7�e AGREEMENT BETWEEN COLLIER COUNTY AND BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AGENCY (CRA) Bayshore Gateway Triangle Stormwater Improvements Catalog of Federal Domestic Assistance # 14.228 Emergency Rule 9BER09 -2 CDBG /DRI Contract # 10- DB- D4- 09- 21- 01 -K09 THIS AGREEMENT is made on June 22, 2010 and entered into by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY "), and the "Bayshore Gateway Triangle Community Redevelopment Agency (CRA)," a Community Redevelopment Agency approved by the Board of Collier County Commissioners, having its principal office at 4069 Bayshore Drive Naples, FL 34112, and its Federal Tax Identification number as 59- 6000558, ( "SUBRECIPIENT "). WHEREAS, the COUNTY has entered into an agreement with the Florida Department of Community Affairs (DCA) for a grant for the execution and implementation of a Community Development Block Grant/Disaster Recovery Initiative Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood /community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year 2010 -2011 for the CDBG Program with Resolution 2010 -85 on April 27, 2010; and WHEREAS, Resolution 08 -121 was developed following the Collier County Consolidated Plan — Citizen Participation Plan, adopted on January 9, 2001 with Resolution 01 -02; and WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2010 -2011 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Agreement with the Florida Department of Community Affairs (DCA) for $9,963,208 in Community Development Block Grant Disaster Recovery Initiative(DRI) funds relating to the 2008 Hurricane Season on May 25, 2010. 2008 CDBG/DRI Project #2008 -04 Collier County Community Redevelopment Agency — Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 1 of 26 16D WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit "A" of this Agreement, in accord with the approved Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the CDBG /DRI Program as a valid and worthwhile County purpose. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (A) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (B) "CDBG" means the Community Development Block Grant Program (24CFR part 570). (C) "HHVS" means Collier County Department of Housing, Human and Veteran Services. (D) "HHVS's Approval" means the written approval of the Department of Housing, Human and Veteran Services or designee. (E) " SUBRECIPIENT" means Bayshore Gateway Triangle Redevelopment Agenc. (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) "DRI" means Disaster Recovery Initiative Program (J) "DCA" means Florida Department of Community Affairs II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHVS, perform the tasks necessary to conduct the program outlined in Exhibit "A." III. TIME OF PERFORMANCE June 22, 2010 is the effective date of DCA Agreement #10- DB- D4- 09- 2101 -K09 with Collier. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of DCA Agreement #10- DB- D4 -09- 2101 -K09. Subrecipients are authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to HHVS prior written approval. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior date to June 21, 2012. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. 2008 CDBG/DRI Project #2008 -04 Collier County Community Redevelopment Agency — Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 2 of 26 160 'r,5. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using CDBG /DRI funding for allowable costs, determined by COUNTY, in an amount not to exceed Two Million, Seven Hundred Nine Thousand, One Hundred Fifty Dollars ($2,709,150.00) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work progresses but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with § 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHVS. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HHVS at its office, presently located at 3301 E Tamiami Trail, Bldg H, Suite 211, Naples, Florida 34112, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHVS' Policies and Procedures memoranda. Should a project receive additional funding after the commencement of this Agreement, the 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 2008 CDBG/DRI Project #2008 -04 Collier County Community Redevelopment Agency — Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 3 of 26 16D 7 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 1984 Civil Rights Act, 42 USC § 2000d, et. seq. 4. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 5. Executive Order 11246 ("Equal Employment Opportunity "), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 6. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. 7. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 8. Age Discrimination Act of 1975. 9. Contract Work Hours and Safety Standards Act, 40 USC 327 -332. 10. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5). 11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 12. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c)). 13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 2008 CDBG /DRI Project #2008 -04 Collier County Community Redevelopment Agency — Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater improvements Page 4 of 26 160 7 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. 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 I1I, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 2008 CDBG /DRI Project #2008 -04 Collier County Community Redevelopment Agency — Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 5 of 26 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. Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135 D. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to HHVS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Scope of Services set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department, Florida Statutes and HUD. Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the HHVS or its designee. E. AMENDMENTS This Agreement, and any exhibit or attachment, may be amended only by written agreement executed by the governing boards of both parties, except that County representative (s) may approve adjustments between line item amounts, scope clarifications, or an extension of time and schedule that do not change the project, or exceed the amount funded by the County, as stated herein. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 2008 CDBG /DRI Project #2008 -04 Collier County Community Redevelopment Agency — Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 6 of 26 160 71 F. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. G. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by HHVS in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HHVS' support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for projects funded by HHVS. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. The construction sign shall comply with applicable County codes. H. TERMINATION In event of termination for any of the reasons identified in sub - sections 1 -3 as follows, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to HHVS or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set -off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. (See 24 CFR 85.43.) 2008 CDBG/DRI Project #2008 -04 Collier County Community Redevelopment Agency — Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 7 of 26 160 7/ 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 HUD specifies. INSURANCE SUBRECIPIENT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit "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 is not subject to the County provisions of law applicable to County employees relative to employments, hours of work, rates of compensation, leave, unemployment and employee benefits. 2008 CDBG/DRI Project #2008 -04 Collier County Community Redevelopment Agency — Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 8 of 26 160 7 VII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non - Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORDKEEPING The SUBRECIPIENT shall maintain all records required by CDBG. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records for six (6) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. The SUBRECIPIENT shall submit detailed monthly progress reports to HHVS outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is paid with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit "D," Schedule "D -2." 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 2008 CDBG/DRI Project #2008 -04 Collier County Community Redevelopment Agency — Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 9 of 26 16D 7 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. Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. 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 or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. E. PRIOR WRITTEN APPROVALS (1) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (2) All capital equipment expenditures of $1,000 or more; (3) All out -of -town travel (travel shall be reimbursed in accordance with Chapter 112, Fla. Stat. unless otherwise required by CDBG); (4) All change orders; 2008 CDBG/DRI Project #2008 -04 Collier County Community Redevelopment Agency — Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 10 of 26 160 7H (5) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit "A "; and (6) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. F. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85. G. AUDITS AND INSPECTIONS 1. Non - profit organizations that expend $500,000 or more annually in federal awards shall have a single or program - specific audit conducted for that year in accordance with OMB A -133. Non - profit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program - specific audit performed in accordance with OMB A -133. 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. 2008 CDBG /DRI Project #2008 -04 Collier County Community Redevelopment Agency — Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 1 I of 26 160 71 5. The SUBRECIPIENT shall maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 6. The SUBRECIPIENT shall include in all HHVS approved subcontracts each of the recordkeeping and audit requirements detailed in this contract. H. PROGRAM - GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to HHVS. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to HHVS, and said plan shall require the prior written approval of HHVS or its designee. Accounting and disbursement of such income shall comply with OMB Circular A -110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. Program Income, as defined by 24 CFR 570.500(a), may be retained by the COUNTY. Program Income shall be utilized to undertake activities specified in Exhibit "A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income received by the SUBRECIPIENT or its sub - contractors shall be returned to the COUNTY unless the SUBRECIPIENT requests and is authorized by HHVS to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. VIII. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be 2008 CDBG/DRI Project #2008 -04 Collier County Community Redevelopment Agency — Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 12 of 26 16U 7 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 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 2008 CDBG /DRI Project #2008 -04 Collier County Community Redevelopment Agency — Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 13 of 26 169 71 The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). G. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. H. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. IX. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT agrees to comply with the following requirements: 1. Clean Air Act, 41 USC 7401, et seq. 2. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. 2008 CDBG/DRI Project #2008 -04 Collier County Community Redevelopment Agency — Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 14 of 26 160 7# 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 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 -eight (28) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. 2008 CDBG/DRI Project #2008 -04 Collier County Community Redevelopment Agency — Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 15 of 26 lbo 7d XIV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties and constitute the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this September 14, 2010. ATTEST: DWIGHT E. BROOK, CLERK Dated: t tut IT MWK V 'I , Most ' L T r� +� 004two Oat FirstWitness -&Aok Type /print witness name Second Wi ess Type /print witness name BOARD OF COUNTY COMMISSIOTS OF COLLIER COUNTY, FLORIDA M. FRED W. COYLE, Collier County Community Redevelopment Agency Bayshore Gateway Triangle CRA Donna iala, Chairman Collier County Community Redevelopment Agency Approved as to form and legal sufficiency: �L�kukL- Jenn er White Assistant County Attorney 2008 CDBG/DRI Project #2008 -04 Collier County Community Redevelopment Agency — Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 16 of 26 160 7 �+ EXHIBIT "A" SCOPE OF SERVICES Collier County Bayshore Gateway Triangle Community Redevelopment Agency (CRA) Flood and Drainage Project A. PROJECT SCOPE: On May 25, 2010 the Board of Commissioners approved Disaster Recovery Grant Agreement #IODB- D4- 09- 21- 01 -K09 with the Florida Department of Community Affairs. Details of this scope of work are consistent with and support certain details of that agreement. On November 10, 2009, the Board of County Commissioners approved the Gateway Triangle Tertiary Stormwater System Improvement Plan. CDBG -DRI funding will be used to develop an interconnected stormwater drainage system defined by the plan. The Bayshore- Gateway Triangle CRA will undertake a flood and drainage improvement project to result in the installation of a minimum of 32,000 linear feet of pipes, swales, culverts, associated materials and related site restoration activities. The project will be further defined in the construction agreement that will be subsequently approved by the Board of County Commissioners. The detailed project scope will be contained in the bid specifications of the vendor awarded the project's construction contract. The project construction contract will include details sufficient to document the number, amount, and costs associated with all activities. The project activities will meet the U.S. Department of Housing and Urban Development's national objective to benefit low and moderate income areas. B. BUDGET Collier County Housing, Human and Veteran Services is providing TWO MILLION SEVEN HUNDRED NINE THOUSAND ONE HUNDRED FIFTY DOLLARS ($2,709,150) in CDBG -DRI funding for the project scope described above. Line Item Description Amount of CDBG -DRI Funds Flood and Drainage Improvement $2,709,150.00 TOTAL $2,709,150.00 2008 CDBG/DRI Project #2008 -04 Collier County Community Redevelopment Agency — Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 17 of 26 C. PROJECT WORK PLAN The following Project Work Plan is in effect for program monitoring requirements only and as such, are not intended to be used as a payment schedule. Date Date Obtain permits Start End Work Plan 07/2010 09/2010 Prepare bid documents 10/2011 12/2010 Procure eligible contractor(s) & conduct preconstruction conference 01/2011 1 03/2011 Obtain permits & contractor(s) orders materials Install neighborhood improvements for the Tertiary 04/2011 04/2012 Stormwater System (consisting of swales, culverts, crossings and associated activities) 05/2012 06/2012 Complete system improvements and tie -in with system's associated 3.6 acre stormwater pond The above Project Work Plan details items to be completed and submitted by "Date End ". Modifications to the above Work Plan require the approval of the Florida Department of Community Affairs and the Board of County Commissioners. A Work Plan modification will be required if the listed activity exceeds the assigned end date by 90 days or greater. Any modification(s) will be made an integral component of this Agreement. D. PAYMENT SCHEDULE The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Obtain permits Actual cost at permit application Flood and drainage improvements Monthly invoices per contractor's Schedule of Values 2008 CDBG/DRI Project #2008 -04 Collier County Community Redevelopment Agency — Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 18 of 26 16'0 7 EXHIBIT "B" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3301 E Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per occurrence providing for all sums which the SUBRECIPIENT and /or the design professional shall become legally obligated to pay as damages fro claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original policies indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. Flood Insurance shall be provided for those properties found to be within a flood hazard zone, in an amount not less than the full replace values of the completed structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP), whichever is 2008 CDBG/DRI Project #2008 -04 Collier County Community Redevelopment Agency — Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 19 of 26 1bD 7 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: 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.LM.A. 2008 CDBG/DRI Project #2008 -04 Collier County Community Redevelopment Agency — Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 20 of 26 16B 7 EXHIBIT "C" ADDITIONAL CDBG GRANT REQUIREMENTS There are no additional grant requirements. 2008 CDBG/DRI Project #2008 -04 Collier County Community Redevelopment Agency — Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 21 of 26 16D 7 111:4011 -bil Dim REQUIRED SUBMITTALS D -1 Request for Payment D -2 CDBG Monthly Progress Report 2008 CDBG/DRI Project 42008 -04 Collier County Community Redevelopment Agency — Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 22 of 26 16D 7 SCHEDULE "D -1" COLLIER COUNTY HOUSING, HUMAND AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Bayshore 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 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 2,709,150.00 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount 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) 2008 CDBG/DRI Project #2008 -04 Collier County Community Redevelopment Agency — Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 23 of 26 16 � 9 SCHEDULE "D -2" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing &Human Service's staff by the 10th of the following month. Status Report for Month of ubmittal Date: Project Name Bayshore Gateway Triangle Stormwater Improvements Project Number DR 08 -4 Activity Number Subrecipient: Bayshore Gateway Triangle Community Redevelopment Agency Contact Person Sue Trone Telephone: (239) 643 -1115 Fax: (239) 775 -4456 E -mail: suetronekcolliergov.net 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events /actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. New contracts executed this month (if applicable): 2008 CDBG /DRI Project 42008 -04 Collier County Community Redevelopment Agency — Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 24 of 26 16D Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on following page) Ethnicity (see definitions on following Page) Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51 -80 %) Household For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). Enter the number of beneficiaries in the blank space and in Box 1. " INCOME Of the households or persons assisted, are extremely low- income income (0 -30 %) of the current Median Family Income (MFI). Enter this number in Box "2. " Of the households or persons assisted, are very low- income (31 -50 %) of the current Median Family Income (MFI). Enter this number in Box "3. " Of these households or persons assisted, are low- income (51 -80 %) of the current Median Family Income (MFI). Enter this number in Box "4. " NOTE: The total of Boxes 2,3 and 4 should equal the number in Box]. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this N imbor i" hnr " 5 " halnw BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51 -80 %) Household Persons Assisted (0 -30 %) (31 -50 %) 2008 CDBG /DRI Project #2008 -04 Collier County Community Redevelopment Agency — Bayshore Gateway Triangle CRA Bayshore Gateway Triangle Stormwater Improvements Page 25 of 26 74