Backup Documents 10/26/2010 Item #16D 3ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI p 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper Attach to original document Original lo tin mri. should be hand delivered W th,. Board (Alke I he completed routing slip and original
documents are to be forwarded to the Board 017icc mI, after the Board Ims taksu action oiz tiro lern
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
exception of the Chairman's signature, draw a line throu routing lines # 1 through #4, complete the checklist, and forward to Sue Filson line 45).
Route to Addressee(s)
(List in routing order
Office
Initials
Date
1. Colleen Greene, Assistant County
Attorney
CAO
C m
1 1111 o
2.
October 26, 2010
Agenda Item Number
16D3
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4.
Agreement Scopes
Number of Original
20
5. Ian Mitchell, BCC Office
Supervisor
Board of County Commissioners
Documents Attached
(
� to to
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Nommly the primary contact is the person who created/limpared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item)
Name of Primary Staff
Rosa Munoz, Grants Coordinator
Phone Number
252 -5713 or 2399
Contact
Sandra Marrero, Grants Coordinator
(Initial)
Applicable)
Agenda Date Item was
October 26, 2010
Agenda Item Number
16D3
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Agreement Scopes
Number of Original
20
Attached
100
Documents Attached
c
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9 .03 04 _ Revised 1.26.05, Revised 2.24.05, Revised 9. 18.09
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
RM
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
N/A
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
RM
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
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
LRM
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 our deadlines!
6.
The document was approved by the BCC on 10.26 -10 (enter date) and all
changes 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 2.24.05, Revised 9. 18.09
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MEMORANDUM
Date: November l7, 2010
To: Rosa Munoz, Grants Mgmt. Coordinator
Housing, Human & Veteran Services
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Subrecipient Agreement with Immokalee's CRA for a
Job Creation — Business Incubator Project; Project funding
previously approved in the 2010 -11 HUD Action Plan
(HUD Grant # B- 10 -UC -12 -0016)
Attached please find an original copy of the agreement referenced above,
(Item #16D3) approved by the Board of County Commissioners October 26, 2010.
The Minutes & Records Department will hold the second original agreement in the
Official Records of the Board.
If you have any questions, please feel free to contact me at 252 -8406.
Thank you.
Attachment
1603
AGREEMENT BETWEEN COLLIER COUNTY
AND
COMMUNITY REDEVELOPMENT AGENCY (CRA) IMMOKALEE
JOB CREATION — BUSINESS INCUBATOR PROJECT
Catalog of Federal Domestic Assistance # 14.218
IIUD Grant # B- 10 -UC -12 -0016
THIS AGREEMENT is made and entered into by and between Collier County, a political
subdivision of the State of Florida, ( "COUNTY "), and the "Collier County Community
Redevelopment Agency (CRA) - Immokalee" a public entity created by Collier County pursuant to
Chapter 163, Florida Statutes, having its principal office at 310 Alachua Street, Immokalee, FL 34142,
and its Federal Tax Identification number as 59- 6000558 & DUNS #, 076997790,
( "SUBRECIPIENT ").
WHEREAS, the COUNTY has entered into an agreement with the United States Department
of Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of Collier County, pursuant to Title 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- Agenda Item 16D15; and
WHEREAS, Resolution 08 -121 was developed following the Collier County Consolidated
Plan — Citizen Participation Plan, adopted on January 9, 2001 with Resolution 01 -02; and
WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for
Federal Fiscal Year 2010 -2011 for the CDBG Program and the use of the CDBG funds for the
activities identified in the Plan; and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified
in 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.
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NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
1. DEFINITIONS
(A) "COUNTY" means Collier County, and where applicable, it's authorized
representative(s).
(B) "CDBG" means the Community Development Block Grant Program.
(C) "HHVS" means Collier County Department of Housing, Human and Veteran Services.
(D) "HIM's Approval" means the written approval of the Department of Housing, Human
and Veteran Services or designee.
(E) "SUBRECIPIENT °' means the Collier County Community Redevelopment Agency
(CPA) Immokalee.
(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."
II. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHVS,
perform the tasks necessary to conduct the program outlined in Exhibit "A."
III. TIME OF PERFORMANCE
The effective date of the Agreement between I -IUD and Collier County shall be July 1, 2010.
The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this
Agreement. Subrecipients are authorized to incur eligible expenses after that date and prior to
execution of this Agreement subject to HHVS prior written approval. In any event, all services
required hereunder shall be completed by the SUBRECIPIENT prior to June 15, 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 EIGHTY SIX THOUSAND DOLLARS
AND NO CENTS (U. S. $86,000.00) for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees,
or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal
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.
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The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the
submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when
requested as work progresses but not more frequently than once per month. Payment will be made
upon receipt of a proper invoice and in compliance with § 218.70, Fla. Stal., otherwise known as the
"Local Government Prompt Payment Act." No payment will be made until approved by HHVS.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to
HHVS at its office, presently located at 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
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction.
C. LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations and
orders of the State, local and Federal governments, including, but not limited to:
1. 24 CFR 570, as amended - The regulations governing the expenditure of Community
Development Block Grant (CDBG) funds.
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
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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 o f f 972, 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 o f f 975.
9. Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
10. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5).
11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended.
12. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages
and the use of apprentices and trainees on federally assisted projects as mandated by the
Davis -Bacon Act. HUD Form 4010 must be included in all construction contracts
funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c)).
13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
14. Executive Order 11625 and U.S. Department of Housing and Urban Development
Circular Letter 79 -45 - which prescribes goal percentages for participation of minority
businesses in Community Development Block Grant Contracts.
15. Public Law 100 -430 - the Fair Housing Amendments Act of 1988.
16. OMB Circular A -133 - concerning annual audits.
17. OMB Circular A -122 - which identifies cost principles.
18. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non -Profit Organizations.
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19. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to State
and Local Governments.
20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and
regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws
referenced herein shall constitute a breach of this agreement, and the County shall have
the discretion to unilaterally terminate this agreement immediately.
21. Chapter 112, Florida Statutes.
22. Prohibition Of Gifts To County Employees - No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of
value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes,
Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative
Procedure 5311.
23. Order of Precedence - In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the Agreement shall take precedence over the
terns of all other Contract Documents, except the terms of any Supplemental
Conditions shall take precedence over the Agreement. To the extent any conflict in the
terms of the Contract Documents cannot be resolved by application of the Supplemental
Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the
more strict or costly obligation under the Contract Documents upon the Contractor at
Owner's discretion.
24. Venue - Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of SUBRECIPIENT with full decision - making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached
during negotiations to COUNTY for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of SUBRECIPIENT with full decision - making
authority and by COUNTY'S staff person who would make the presentation of any
settlement reached at mediation to COUNTY'S board for approval. Should either party
fail to submit to mediation as required hereunder, the other party may obtain a court
order requiring mediation under § 44.102, Fla. Stat.
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D. SUBCONTRACTS
Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written
contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and
applicable County, State, and Federal guidelines and regulations. Prior to execution by the
SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the
SUBRECIPIENT to HHVS for its review and approval, which will specifically include a determination
of compliance with the terms of the attached Scope of Services set forth in Exhibit "A."
This review also includes ensuring that all consultant contracts and fee schedules meet the
minimum standards as established by the Collier County Purchasing Department, Florida Statutes and
HUD. Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or
services covered by this Agreement, including but not limited to consultant work or services, shall be
subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval
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. INDEMNIFICA'T'ION
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
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projects funded by HHVS. This design concept is intended to disseminate key information regarding
the development team as well as Equal Housing Opportunity to the general public. The construction
sign shall comply with applicable County codes.
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.
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
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contract. The contract is contingent upon receipt of the insurance documents within fifteen (15)
calendar days after the Board of County Commissioners' approval. If the Insurance certificate is
received within the specified period, but not in the manner prescribed in these requirements, the
SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5)
calendar days to submit a corrected Certificate to the County.
If the SUBRECIPIENT fails to submit the required insurance documents in the manner
prescribed in these requirements within twenty (20) calendar days after the Board of County
Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of the
contract.
K. INDEPENDENT AGENT AND EMPLOYEES
The SUBRECIPIENT agrees that it will be acting as an independent agent and that its
employees are not Collier County employees and are not subject to the County provisions of law
applicable to County employees relative to employments, hours of work, rates of compensation, leave,
unemployment and employee benefits.
VII. ADMINISTRATIVE REQUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other
Non -Profit Organizations) and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source documentation for all costs
incurred.
B. DOCUMENTATION AND RECORDKEEPING
The SUBRECIPIENT shall maintain all records required by CDBG.
2. All reports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose
of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHVS. Upon completion of all work
contemplated under this Agreement copies of all documents and records relating to this
Agreement shall be surrendered to HHVS if requested. In any event the
SUBRECIPIENT shall keep all documents and records for six (6) years after expiration
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).
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4. The SUBRECIPIENT shall submit detailed monthly progress reports to HIM
outlining the status of specific activities under the project. Each report must account for
the total activity for which the SUBRECIPIENT is paid with CDBG funds, in part or in
whole, and which is required in fulfillment of their obligations regarding the Project.
The progress reports shall be submitted on the form Exhibit "D," Schedule "D -2."
5. The SUBRECIPIENT shall maintain records showing compliance with the Davis -
Bacon Law, including files containing contractor payrolls, employee interviews, Davis -
Bacon wage rates, and administrative cross- referencing. SUBRECIPIENT shall
maintain records showing contractor compliance with the Contract Work Hours and
Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing
compliance with federal purchasing requirements and with other federal requirements
for grant implementation.
6. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost
allocation plan for determining the appropriate SUBRECIPIENT'S share of
administrative costs and shall submit such plan to the COUNTY for approval, in a form
specified by the COUNTY.
7. Failure to adequately maintain any former CDBG funded project may result in the delay
of processing reimbursement requests for ongoing activities or in the forfeiture of future
CDBG funds.
8. The SUBRECIPIENT will be responsible for the creation and maintenance of income
eligible files on clients served and documentation that all households are eligible under
HUD Income Guidelines.
9. The SUBRECIPIENT further agrees that HHVS shall be the final arbiter on the
SUBRECIPIENT's compliance with the above.
C. REPORTS, AUDITS, AND EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to
this Agreement.
The SUBRECIPIENT agrees that HHVS will carry out periodic monitoring and evaluation activities as
determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations.
The SUBRECIPIENT shall, upon the request of FIHVS, 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.
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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. Slat. unless otherwise required by CDBG);
(4) All change orders;
(5) All requests to utilize uncommitted funds after the expiration of this agreement
for programs described in Exhibit "A"; and
(6) All rates of pay and pay increases paid out of CDBG funds, whether for merit or
cost of living.
F. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the procedures prescribed by the Federal
Management Circulars A -110, A- 122, 24 CFR Part 84, and 24 CFR Part 85.
G. AUDITS AND INSPECTIONS
Non -profit organizations that expend $500,000 or more annually in federal
awards shall have a single or program- specific audit conducted for that year in
accordance with OMB A -133. Non -profit organizations expending federal
awards of $500,000 or more under only one federal program may elect to have a
program - specific audit performed in accordance with OMB A -133.
2. Non -profit organizations that expend less than $500,000 annually in federal
awards shall be exempt from an audit conducted in accordance with OMB A-
133, although their records must be available for review (e.g., inspections,
evaluations). These agencies are required by HHVS to submit "Reduced Scope"
audits (e.g., financial audit, performance audits). They may choose, instead of a
Reduced Scope Audit, to have a program audit conducted for each federal award
in accordance with federal laws and regulations governing the program in which
they participate.
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
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the SUBRECIPIENT. A copy of the audit report must be received by HHVS no
later than six months following the end of the SUBRECIPIENT's fiscal year.
4. If an audit is required by Section G of this contract, but the requirements of
OMB A -133 do not apply or are not elected, the SUBRECIPIENT may choose
to have an audit performed either on the basis of the SUBRECIPIENT's fiscal
year or on the basis of the period during which HHVS- federal assistance has
been received. In either case, each audit shall cover a time period of not more
than twelve months and an audit shall be submitted covering each assisted
period until all the assistance received from this contract has been reported.
Each audit shall adhere to all other audit standards of OMB A -133, as these may
be limited to cover only those services undertaken pursuant to the terms of this
contract. A copy of the audit report must be received by HHVS no later than six
months following each audit period.
5. The SUBRECIPIENT shall maintain all contract records in accordance with
generally accepted accounting principles, procedures, and practices which shall
sufficiently and properly reflect all revenues and expenditures of funds provided
directly or indirectly by the County pursuant to the terms of this Agreement.
6. The SUBRECIPIENT shall include in all HHVS approved subcontracts each of
the recordkeeping and audit requirements detailed in this contract.
H. PROGRAM- GENERATED INCOME
All income earned by the SUBRECIPIENT from activities financed in whole or in part by
funds provided hereunder must be reported to HHVS. Such income would include, but not be limited
to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT
shall report its plan to utilize such income to HHVS, and said plan shall require the 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.
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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 SUBRECIPIENf 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 HIIVS 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.
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E. PUBLIC ENTITY CRIMES
As provided in § 287.133, Fla. Stal. 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 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.
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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, et seq.
2. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4002), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as
having special flood hazards, flood insurance under the National Flood Insurance Program is obtained
and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA,
which would satisfy this requirement and /or reduce the cost of said flood insurance.
C. LEAD -BASED PAINT
The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures
with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning
Prevention Act found at 24 CFR 570.608.
D. HISTORIC PRESERVATION
The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in
the National Historic Preservation Act of 1966, as amended (16 USC 470) and the procedures set forth
in 36 CFR 800, Advisory Council on Historic Preservation Procedures for Protection of Historical
Properties.
X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religious
organizations. Section 24 CFR 570.2000) specifies the limitations on CDBG funds.
XI. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any
CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of
CDBG funds, and any non - expendable personal property that was purchased with CDBG funds. Any
real property under SUBRECIPIENT control will be covered by the regulations 24 CFR
570.503(B)(8).
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XII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty -eight (28) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an
original, and such counterparts will constitute one and the same instrument.
XIV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties and
constitutes the entire understanding. The parties hereby acknowledge that there have been and are no
representations, warranties, covenants, or undertakings other than those expressly set forth herein.
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IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on this _ day of
Q�t�l2P,, , 201.0.
ATTEST:
DWIGHT E. BROCK, CLERK
Dated-
First I
L (-A k �
_ I h
Type /print witness name
I
'to n(G of
Sec Witness
eieA
Type /print witness nami
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: -. AJ
FRED W. COYLE, CHAIRMAN
Collier County Community Redevelopment Agenc
(CRA) Imipokalee
By:
Type /print Subrecipient name and title
Approved as to form and legal sufficiency:
Colleen M. Greene
Assistant County Attorney
Item # ,10JL 7
Agenda �� _
Date
Dale
Recd
r
Deputy n
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16D3
EXHIBIT "A"
SCOPE OF SERVICES
COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY (CRA) IMMOKALEE
JOB CREATION — BUSINESS INCUBATOR PROJECT
A. PROJECT SCOPE:
On April 27`I', 2010 the BCC approved the HUD Action Plan allocating funding for this
initiative. Community Development Block Grant (CDBG) finding will be used for the start up
and two year operational costs for the Immokalee Business Development Center (IBDC). This
follows approval of the Interlocal Agreement for the Immokalee Business Development Center
between Collier County Airport Authority and the Collier County Community Redevelopment
Agency (CRA) at the BCC meeting on March 9, 2010. The IBDC is a joint project between
the CRA and the Collier County Airport Authority Board (CCAA) to use existing buildings at
the Immokalee Airport (IMM) by establishing a business development center.
Funds will be used to pay 100% salary and benefits in accordance with BCC board policy for
the manager of IBDC and an administrative assistant who are Collier County employees.
Funds will also be used for normal start-up expenses in the following categories: office
equipment and supplies, office operating expenses, office furnishings, professional and
marketing fees or expenses. Operational and maintenance and /or lease charges associated with
vehicles for the director or administrative assistant will be covered.
In the Action Plan for this program the intended outcome of this funding is to create a
minimum of 5 low /moderate positions and the above noted funds are utilized to reach this goal.
It is important to clarify the 5 positions are an outcome of the businesses occupying the IBDC
this funding is helping to establish. When the CRA establishes the firms, they will then hire
people to work for them in various capacities.
The project activities will meet the U.S. Department of Housing and Urban Development's
national objective to improve economic opportunities for low income persons.
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C.
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1603
BUDGET
Collier County Housing, Human and Veteran Services is providing Two Hundred and Twelve
Thousand Dollars ($212,000.00) in CDBG funding for the project scope described above.
Line Item Description CDBG Funds
Start Up and Operation of
Immokalee Business Development
Center $ 212,000.00
TOTAL $212,000.00
Any modifications to this contract shall be in compliance with the County Purchasing Policy
and Administrative Procedures in effect at the time such modifications are authorized.
PROJECT WORK PLAN
The following Project Work Plan is in effect for program monitoring requirements only and as
such, is not to be used as a payment schedule.
Date Start
Date End
Work Plan
07/2010
12/2010
Hire Administrative Assistant
07/2010
03/2011
Establish office functions
07/2010
04/2011
—11 ire Manager
07/2010
06/2012
Conduct Marketing Activities
07/2010
06/2012
Education-New Business /Entrepreneurs
07/2010
06/2012
Secure Tenants
12/2010
06/2012
Demonstrate creation of 5 jobs
PAYMENT SCHEDULE
The following table details the project deliverables and payment schedule.
Deliverable
Payment Schedule
Start Up and Operation of Immokalee
Upon monthly invoicing of allowable
Business Development Center
expenses up to $190,800
5 LMI Jobs filled
Upon invoice of allowable expenses and
verification of 5 filled positions release final
payment of up to $21,200
2010 CDBG (CD 10-06)
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Job Creation - Business Incubator
Page 18 of 28
EXHIBIT "A -I"
CHANGE BY LETTER
COLLIER COUNTY GOVERNMENT
Collier County Housing, Human and Veteran Services
Public Services Division
Date
Contact Name
Name of Firm
Address
RE: Zero Dollar Contract Change Notification
Re: Contract # and Title of Contract
Project #
Purchase Order #
Dear Contact Name:
User Name
Address
NAPLES, FLORIDA Zip code
PHONE: (239) Phone #
FAX (239) Fax #
By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below:
r The above referenced contract time is hereby extended by Number of days calendar days. The new completion date
shall be on or before month and date, Year.
By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and
satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal rights,
including, but not limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should
circumstances warrant with regard to the referenced contract.
r
Additional Staffing Categories Professional Position(s) Hourly Rate(s)
r Draw against Allowance (specify allowance item and identify specific items and quantities)
r Other: Scope Clarifications as indentified in Schedule B -1, "Clarifications in Scope ", (attached).
Sincerely,
Your name
Title
cc: Contract Specialist Name Contract Specialist, Purchasing Department
Suzanne Boothby, Clerk's Grants Department
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Immokalee CRA
Job Creation - Business Incubator page 19 of 2g
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 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 I — 4 above, the SUBRECIPEINT shall provide or
cause its Subcontractors to provide original policies indicating the following types of insurance
coverage prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less
than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy
shall be in the name of Collier County and the 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 he buildings' walls and roof exist.
OPERATION /MANAGEMENT PHASE (IF APPLICABLE.)
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After the Construction Phase is completed and occupancy begins, the following insurance must
be kept in force throughout the duration of the loan and /or Contract:
7. Public Liability coverage in an amount not less than $1,000,000 per occurrence for
combined Bodily Injury and Property damage. Collier County must be shown as an additional insured
with respect to this coverage.
8. Property Insurance coverage on an "All Risk" basis in an amount not less than one
hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss
payee with respect to this coverage A.T.I.M.A.
9. Flood Insurance coverage for those properties found to be within a flood hazard zone
for the full replacement values of the structure(s) or the maximum amount of coverage available
through the National Flood Insurance Program (NFIP). The policy must show Collier County as a
Loss Payee A.T.I.M.A.
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16D3
EXHIBIT "C"
ADDITIONAL CDBG GRANT REQUIREMENTS
Enter additional requirements here, IF NONE EXIST, state "There are no additional grant
requirements."
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16D3
EXHIBIT "D"
REQUIRED SUBMITTALS
D -1 Request for Payment
D -la Release and Affidavit Form
D -2 CDBG Monthly Progress Report
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SCHEDULE "D -l"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Collier County Community Redevelopment Agency- Immokalee (CRA)
Subrecipient Address: 310 Alachua Street Immokalee. FL 34142
Project Name: Job Creation - Business Incubator Project
Project No: CD10 -06 Payment Request #
Dollar Amount Requested:
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
212,000.00
2. Sum of Past Claims Paid on this Account
3, Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
4. Amount of Previous Unpaid Requests
5. Amount of Today's Request
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests) $
I certify that this request for payment has been drawn in accordance with the terms and
conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT. I also certify that
the amount of the Request for Payment is not in excess of current needs.
Signature
Title
Authorizing Grant Coordinator
Dept Director
2010 CDBG (CD 10-06)
Immokalee CRA
Job Creation- Business Incubator
Date
(approval authority under $14,999)
(approval required $15,000 and above)
Page 24 of 28
16D3
SCHEDULE "D -la"
RELEASE AND AFFIDAVIT FORM
The SUBRECIPIENT certifies for itself and its subcontractors, material -men, successors and
assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which
COUNTY might be sued or for which a lien or a demand against any payment bond might be filed,
have been satisfied and paid.
This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final)
Request for Payment.
SUBRFCIPIENT
Witness:
Print name and title
STATE OF
COUNTY OF
I.
ITS:
DATE:
President
The foregoing instrument was acknowledged before me this _ day of
2009, by as of
A Choose Not - For - Profit, or Corporation or Municipality on behalf of
Choose Not - For - Profit, Corporation or Municipality . He /She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
2010 CDBG (CD 10-06)
Immokalee CRA
Job Creation - Business Incubator
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Page 25 of 28
Commission No.:
16D3
SCHEDULE "D -2"
CDBG MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing, Human Veteran Service's staff by the
10th of the following month.
Status Report for Month of Submittal Date:
Project Name Economic Development Job Creation- Business Incubator Project
Project Number CDIO- 06 Activity Number 379
Subrecipient: Collier County Community Redevelopment Agency - Immokalee (CPA)
Contact Person Penny S Phillippi Executive Director
Telephone: 239 - 252 -2310 Fax: 239- 252 -3970
E -mail: PennyPhillippiL(DColliergov.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):
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16D3
Name of Contractor or
Subcontractor, Address & Phone
Number
Amount of
Contract
Contractor
Federal ID
Number
Race
(see definitions
on following
page)
Ethnicity
(see definitions
on following
page)
Total Number of
Extremely
Very
Low Income
Female Head of
Households or
Low Income
Low Income
(51 -80 %)
Household
For projects that serve a particular clientele, please complete the following information by
entering the appropriate number in the blank spaces and in the chart below. Complete the below chart
for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You
may provide data by either households or persons served. However, if one person received TWO
services this counts as TWO SERVICE UNITS:
TOTAL BENEFICIARIES
This project benefits households or persons. Please circle one category (either
"households" or "persons "). Enter the number of beneficiaries in the blank space and in Box 1. "
INCOME
Of the households or persons assisted, are extremely low - income income (0 -30 %) of the
current Median Family Income (MFI). Enter this number in Box "2. "
Of the households or persons assisted, are very low- income (31 -50 %) of the current
Median Family Income (MFI). Enter this number in Box "3. "
Of these households or persons assisted, are low - income (51 -80 %) of the current Median
Family Income (MFI). Enter this number in Box "4. "
NOTE: The total of Boxes 2,3 and 4 should equal the number in Box].
FEMALE HEAD OF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income. Enter this
.../.. u hn "S" Aotnw
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 %)
2010 CDBG (CD 10-06)
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Subrecipient's must indicate total Denenciarles ror mace +r.,, r dull ivy
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
# His anic
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:
2010 CDBG (CD 10-06)
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MEMORANDUM
Date: November 17, 2010
To: Rosa Munoz, Grants Mgmt. Coordinator
Housing, Human & Veteran Services
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Subrecipient Agreement with Guadalupe Center, Inc.
for an Early Childhood Education Project; funding
previously approved in the 2010 -11 HUD Action Plan
(HUD Grant # B- 10 -UC -12 -0016)
Attached please find an original copy of the agreement referenced above,
(Item #16D3) approved by the Board of County Commissioners October 26, 2010.
The Minutes & Records Department will hold the second original agreement in the
Official Records of the Board.
If you have any questions, please feel free to contact me at 252 -8406.
Thank you.
Attachment
1603
AGREEMENT BETWEEN COLLIER COUNTY
AND
GUADALUPE CENTER, INC.
EARLY CHILDHOOD EDUCATION PROJECT
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # B- 10 -UC -12 -0016
THIS AGREEMENT is made and entered into by and between Collier County, a political
subdivision of the State of Florida, ( "COUNTY "), and the "Guadalupe Center, Inc." a non - sectarian
private not - for -profit corporation existing under the laws of the State of Florida, having its principal
office at 509 Hope Circle, Immokalee, FL 34142, and its Federal Tax Identification number as 59-
2617151& DUNS # 783746084, ( "SUBRECIPIENT ").
WHEREAS, the COUNTY has entered into an agreement with the United States Department
of Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of Collier County, pursuant to Title 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 for April 27, 2010 - Agenda Item 16D15; and
WHEREAS, Resolution 08 -121 was developed following the Collier County Consolidated
Plan — Citizen Participation Plan, adopted on January 9, 2001 with Resolution 01 -02; and
WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for
Federal Fiscal Year 2010 -2011 for the CDBG Program and the use of the CDBG funds for the
activities identified in the Plan; and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified
in 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.
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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.
(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 Guadalupe Center, Inc.
(F) "HUD" means the U.S. Department of Housing and Urban Development or a person
authorized to act on its behalf.
(G) "Low and moderate income persons" means the definition set by HUD.
(H) "Project" means the work to be performed as set forth in Exhibit "A."
II. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHVS,
perform the tasks necessary to conduct the program outlined in Exhibit "A."
III. TIME OF PERFORMANCE
The effective date of the Agreement between HUD and Collier County shall be July I, 2010.
The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this
Agreement. Subrecipients are authorized to incur eligible expenses after that date and prior to
execution of this Agreement subject to HHVS prior written approval. In any event, all services
required hereunder shall be completed by the SUBRECIPIENT prior to June 15, 2011. 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 EIGHTY SIX THOUSAND DOLLARS
AND NO CENTS (U. S. $86,000.00) for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees,
or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal
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.
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The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by 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. Star., 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
this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction.
C. LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations and
orders of the State, local and Federal governments, including, but not limited to:
1. 24 CFR 570, as amended - The regulations governing the expenditure of Community
Development Block Grant (CDBG) finds.
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
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3. Title VI of the 1984 Civil Rights Act, 42 USC § 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.
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.
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19. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to State
and Local Governments.
20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and
regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws
referenced herein shall constitute a breach of this agreement, and the County shall have
the discretion to unilaterally terminate this agreement immediately.
21. Chapter 112, Florida Statutes.
22. Prohibition Of Gifts To County Employees - No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of
value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes,
Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative
Procedure 5311.
23. Order of Precedence - In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the Agreement shall take precedence over the
terms of' all other Contract Documents, except the terms of any Supplemental
Conditions shall take precedence over the Agreement. To the extent any conflict in the
terms of the Contract Documents cannot be resolved by application of the Supplemental
Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the
more strict or costly obligation under the Contract Documents upon the Contractor at
Owner's discretion.
24. Venue - Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of SUBRECIPIENT with full decision - making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached
during negotiations to COUNTY for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of SUBRECIPIENT with full decision - 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.
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D. SUBCONTRACTS
Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written
contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and
applicable County, State, and Federal guidelines and regulations. Prior to execution by the
SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the
SUBRECIPIENT to HHVS for its review and approval, which will specifically include a determination
of compliance with the terms of the attached Scope of Services set forth in Exhibit "A."
This review also includes ensuring that all consultant contracts and fee schedules meet the
minimum standards as established by the Collier County Purchasing Department, Florida Statutes and
HUD. Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or
services covered by this Agreement, including but not limited to consultant work or services, shall be
subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval
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.
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
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projects funded by HHVS. This design concept is intended to disseminate key information regarding
the development team as well as Equal Housing Opportunity to the general public. The construction
sign shall comply with applicable County codes.
H. TERMINATION
In event of termination for any of the reasons identified in sub - sections 1 -3 as follows, all
finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports
prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement
shall be returned to HHVS or the COUNTY. In the event of termination, the SUBRECIPIENT shall
not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any
breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the
SUBRECIPIENT for set -off purposes until such time as the exact amount of damages due to the
COUNTY from the SUBRECIPIENT is determined.
1. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner its obligations
under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations
of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or
part by giving written notice of such termination to the other party and specifying therein the effective
date of termination. (See 24 CFR 85.43.)
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon
termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this
Agreement through and including the date of termination. (See 24 CFR 85.44.)
3. TERMINATION DUE TO CESSATION
In the event the grant to the COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended
or terminated effective on the date that HUD specifies.
I. INSURANCE
SUBRECIPIENT shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit
"B" to this Agreement.
J. SUBRECIPIENT LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit "B" shall not relieve the
SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of this
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contract. The contract is contingent upon receipt of the insurance documents within fifteen (15)
calendar days after the Board of County Commissioners' approval. if the Insurance certificate is
received within the specified period, but not in the manner prescribed in these requirements, the
SUBRECIPIENT shall 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 SUBRFCIPIENT shall be in default of the terms and conditions of the
contract.
K. INDEPENDENT AGENT AND EMPLOYEES
The SUBRECIPIENT agrees that it will be acting as an independent agent and that its
employees are not Collier County employees and are not subject to the County provisions of law
applicable to County employees relative to employments, hours of work, rates of compensation, leave,
unemployment and employee benefits.
VII. ADMINISTRATIVE REQUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other
Non -Profit Organizations) and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source documentation for all costs
incurred.
B. DOCUMENTATION AND RECORDKEEPING
The SUBRECIPIENT shall maintain all records required by CDBG.
2. All reports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose
of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHVS. Upon completion of all work
contemplated under this Agreement copies of all documents and records relating to this
Agreement shall be surrendered to HHVS if requested. In any event the
SUBRECIPIENT shall keep all documents and records for six (6) years after expiration
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).
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4. The SUBRECIPIENT shall submit detailed monthly progress reports to HHVS
outlining the status of specific activities under the project. Each report must account for
the total activity for which the SUBRECIPIENT is paid with CDBG funds, in part or in
whole, and which is required in fulfillment of their obligations regarding the Project.
The progress reports shall be submitted on the form Exhibit "D," Schedule "D -2."
5. The SUBRECIPIENT shall maintain records showing compliance with the Davis -
Bacon Law, including files containing contractor payrolls, employee interviews, Davis -
Bacon wage rates, and administrative cross- referencing. SUBRECIPIENT shall
maintain records showing contractor compliance with the Contract Work Hours and
Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing
compliance with federal purchasing requirements and with other federal requirements
for grant implementation.
6. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost
allocation plan for determining the appropriate SUBRECIPIENT'S share of
administrative costs and shall submit such plan to the COUNTY for approval, in a form
specified by the COUNTY.
7. Failure to adequately maintain any former CDBG funded project may result in the delay
of processing reimbursement requests for ongoing activities or in the forfeiture of future
CDBG funds.
8. The SUBRECIPIENT will be responsible for the creation and maintenance of income
eligible files on clients served and documentation that all households are eligible under
HUD Income Guidelines.
9. The SUBRECIPIENT further agrees that HHVS shall be the final arbiter on the
SUBRECIPIENT's compliance with the above.
C. REPORTS, AUDITS, AND EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to
this 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.
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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 Slat. unless otherwise required by CDBG);
(4) All change orders;
(5) All requests to utilize uncommitted funds after the expiration of this agreement
for programs described in Exhibit "A'; and
(6) All rates of pay and pay increases paid out of CDBG funds, whether for merit or
cost of living.
F. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the procedures prescribed by the Federal
Management Circulars A -110, A- 122, 24 CFR Part 84, and 24 CFR Part 85.
G. AUDITS AND INSPECTIONS
Non - profit organizations that expend $500,000 or more annually in federal
awards shall have a single or program - specific audit conducted for that year in
accordance with OMB A -133. Non -profit organizations expending federal
awards of $500,000 or more under only one federal program may elect to have a
program- specific audit performed in accordance with OMB A -133.
2. Non -profit organizations that expend less than $500,000 annually in federal
awards shall be exempt from an audit conducted in accordance with OMB A-
133, although their records must be available for review (e.g., inspections,
evaluations). These agencies are required by HHVS to submit "Reduced Scope"
audits (e.g., financial audit, performance audits). They may choose, instead of a
Reduced Scope Audit, to have a program audit conducted for each federal award
in accordance with federal laws and regulations governing the program in which
they participate.
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
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the SUBRECIPIENT. A copy of the audit report must be received by HHVS no
later than six months following the end of the SUBRECIPIENT's fiscal year.
4. If an audit is required by Section G of this contract, but the requirements of
OMB A -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 IIHVS- federal assistance has
been received. In either case, each audit shall cover a time period of not more
than twelve months and an audit shall be submitted covering each assisted
period until all the assistance received from this contract has been reported.
Each audit shall adhere to all other audit standards of OMB A -133, as these may
be limited to cover only those services undertaken pursuant to the terms of this
contract. A copy of the audit report must be received by HHVS no later than six
months following each audit period.
5. The SUBRECIPIENT shall maintain all contract records in accordance with
generally accepted accounting principles, procedures, and practices which shall
sufficiently and properly reflect all revenues and expenditures of funds provided
directly or indirectly by the County pursuant to the terms of this Agreement.
6. The SUBRECIPIENT shall include in all IIHVS 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.
1. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to: making final
payments, disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and receivable accounts to the COUNTY), and
determining the custodianship of records.
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VIII. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the performance of this Agreement on the
basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of
evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower - income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of
the Housing and Community Development Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services, the SUBRECIPIENT shall
make a positive effort to utilize small business and minority /women -owned business enterprises of
supplies and services, and provide these sources the maximum feasible opportunity to compete for
contracts to be performed pursuant to this Agreement. To the maximum extent feasible, these small
business and minority /women -owned business enterprises shall be located in or owned by residents of
the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons. If the project is located in an entitlement city, as defined
by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries
directly assisted under this Agreement must reside in unincorporated Collier County or in
municipalities participating in the County's Urban County Qualification Program. The project shall
assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement.
D. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in
the target areas or any parcels therein, which would conflict in any manner or degree with the
performance of this Agreement and that no person having any conflict of interest shall be employed by
or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the
SUBRECIPIENT or its employees shall be disclosed in writing to HIIVS 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.
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I
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. 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:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form -LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all sub - awards at all tiers (including subcontracts, sub - grants,
contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
H. REAL PROPERTY
Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the
provisions of CDBG including, but not limited to, the provisions on use and disposition of property.
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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, el seq., as amended.
B. FLOOD DISASTER PRO'T'ECTION
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).
2010 CDBG (CD 10-09)
Guadalupe Center
Early Childhood Education Project Page 14 of 28
1603
XII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty -eight (28) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an
original, and such counterparts will constitute one and the same instrument.
XIV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties and
constitutes the entire understanding. The parties hereby acknowledge that there have been and are no
representations, warranties, covenants, or undertakings other than those expressly set forth herein.
2010 CDnG (CD 10-09)
Guadalupe Center
Early Childhood Education project rage 15 of 28
16D3
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 a day of
Dc- & , 204.
ATTEST:
DWIGHT E. BROCK, CLERK
' t
Dated: IFS -7 Miry
(SEAT,)
First Witness
Jt tiAJ��� � vCsL Vi ti)
Type /print witness name
Second Witness
`.st7J�11 FePZZ7) VJJF71
Type /print witness name
2010 CDBG (CD 10-09)
Guadalupe Center
Early Childhood Education Project
BOARD OF COUNTY COMMISSIONERS OF
COLLIER C07TY, FLORIDA
By. -,
Guadalupe Center, Inc.
I Al
Subrecipient Sigt at re /t Z�
Barbara Oupenheim, Executive Director
Type /print Subrecipient name and title
Approved as to form and legal sufficiency:
Colleen M. Greene
Assistant County Attorney
Page 16 of 28
Item # •!QU
Agenda
Date
Date
Recd � Q
1603
EXHIBIT "A"
SCOPE OF SERVICES
GUADALUPE CENTER, INC.
EARLY CHILDHOOD EDUCATION PROJECT
A. PROJECT SCOPE:
On April 27, 2010, the BCC approved the HUD Action Plan allocating funding for this
initiative. Community Development Block Grant (CDBG) funding will be used for the salary
and benefits of two full -time Early Childhood teachers, one part-time Early Childhood staff
member, curriculum and supplies, computer equipment, and cleaning service fee.
In the Action Plan for this program the intended outcome of this funding is to assist Guadalupe
Center, Inc. to open an additional classroom in their Early Childhood Education Center in
Immokalee, FL. This classroom project will benefit a minimum of 16 low /moderate income
children per school year.
This grant will pay for salary and benefits for two full -time teachers @ 100% and one part time
staff member (a.) 25 %. Funds will also be used for curriculum and supplies, computer
equipment and cleaning service fee.
The project activities will meet the U.S. Department of Housing and Urban Development's
national objective to improve the services and benefit low -mod income persons through this
Public Services project.
B. BUDGET:
Collier County Housing, Human and Veteran Services is providing Eighty -Six Thousand
Dollars ($86,000.00) in CDBG funding for the project scope described above.
Line Item Description CDBG Funds
Salary & Benefits
Two FT teachers a. 100% $65,650.00
One Part time staff @ 25% $ 4,000.00
Curriculum, Supplies, Computer Equipment $ 10,000.00
Cleaning Service Fee $ 6,350.00
TOTAL $ 86,000.00
Any modifications to this contract shall be in compliance with the County Purchasing Policy
and Administrative Procedures in effect at the time such modifications are authorized.
2010 CDBG (CD 10.09)
Guadalupe Center
Early Childhood Education project
Page 17 of 28
1603
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
7/2010
06/2011
Purchase Supplies and Equipment
07/2010
08/2011
Hire two full time teachers and one part-time staff
07/2010
08/2011
Begin Instruction
07/2010
08/2011
Completion of Education Project
D. PAYMENT SCHEDULE:
The following table details the project deliverables and payment schedule.
Deliverable
Payment Schedule
Purchase of materials and
equipment; Classroom set -up
Upon monthly invoicing of allowable expenses
Contractual employment of staff
_
Upon monthly invoicing of allowable expenses
Cleaning Services
Upon monthly invoicing of allowable expenses
Serve 16 people or open classroom
Final 10% ($8,600) released upon
documentation that 16 children have been served
or the classroom is open
2010 CDBG (CDIO -09)
Guadalupe Center
Early Childhood Education Project Page 18 of 28
EXHIBIT "A -P'
CHANGE BY LETTER
COLLIER COUNTY GOVERNMENT
Collier County Housing, Human and Veteran Services
Public Services Division
Date
Contact Name
Name of Firm
Address
RE: Zero Dollar Contract Change Notification
Re: Contract # and Title of Contract
Project #
Purchase Order #
Dear Contact Name:
User Name
Address
NAPLES, FLORIDA Zip code
PHONE: (239) Phone #
FAX (239) Fax #
16D3
By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below:
r The above referenced contract time is hereby extended by Number of days calendar days. The new completion date
shall be on or before month and date, Year.
By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and
satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal rights,
including, but not limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should
circumstances warrant with regard to the referenced contract.
Additional Staffing Categories Professional Position(s) Hourly Rate(s)
r Draw against Allowance (specify allowance item and identify specific items and quantities)
r Other: Scope Clarifications as indentified in Schedule B -I, "Clarifications in Scope ", (attached).
Sincerely,
Your name
Title
cc: Contract Specialist Name Contract Specialist, Purchasing Department
Suzanne Boothby, Clerk's Grants Department
2010 CDBG (CD 10-09)
Guadalupe Center
Early Childhood Education Project Page 19 of 28
1603
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:
Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Public Liability Insurance on a comprehensive basis in an amount no less than $300,000
per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an
additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used
in connection with this contract in an amount not less than $300,000 per occurrence for combined
Bodily Injury and Property Damage.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided
as follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed
design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per
occurrence providing for all sums which the SUBRECIPIENT and/or the design professional shall
become legally obligated to pay as damages fro claims arising out of the services performed by the
SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract.
This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is
issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPEENT shall provide or
cause its Subcontractors to provide original policies indicating the following types of insurance
coverage prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less
than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy
shall be in the name of Collier County and the SUBRECIPIENT.
6. Flood Insurance shall be provided for those properties found to be within a flood hazard
zone, in an amount not less than the full replace values of the completed structure(s) or the maximum
amount of coverage available through the National Flood Insurance Program (NFIP), whichever is
greater. The policy will show Collier County as a Foss Payee A.T.1.M.A. This policy will be provided
as such time that he buildings' walls and roof exist.
OPERATION /MANAGEMENT PHASE (IF APPLICABLE)
2010 CDBG (CDI0 -09)
Guadalupe Center
Early Childhood Education Project Page 20 of 28
16D3
After the Construction Phase is completed and occupancy begins, the following insurance must
be kept in force throughout the duration of the loan and /or Contract:
7. Public Liability coverage in an amount not less than $1,000,000 per occurrence for
combined Bodily Injury and Property damage. Collier County must be shown as an additional insured
with respect to this coverage.
8. Property Insurance coverage on an "All Risk" basis in an amount not less than one
hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss
payee with respect to this coverage A.T.I.M.A.
9. Flood Insurance coverage for those properties found to be within a flood hazard zone
for the full replacement values of the structure(s) or the maximum amount of coverage available
through the National Flood Insurance Program (NFIP). The policy must show Collier County as a
Loss Payee A.T.I.M.A.
2010 CDBG (CD 10-09)
Guadalupe Center
Early Childhood Education Project Page 21 of 28
1603
EXHIBIT "C"
ADDITIONAL CDBG GRANT REQUIREMENTS
Enter additional requirements here, IF NONE EXIST, state "There are no additional grant
requirements."
2010 CDI36 (CD 10-09)
Guadalupe Center
Early Childhood Education Project Page 22 of 28
1603
EXHIBIT "D"
REQUIRED SUBMITTALS
D -1 Request for Payment
D -la Release and Affidavit Form
D -2 CDBG Monthly Progress Report
2010 CDBG (CD10 -09)
Guadalupe Center
Early Childhood Education Project Page 23 of 28
SCHEDULE "D -1"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Guadalupe Center, Inc.
Subrecipient Address: 509 Hope Circle, Immokalee, FL 34142
Project Name: Early Childhood Education Project
Project No: CD10 -09 Payment Request #
Dollar Amount Requested:
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
2. Sum of Past Claims Paid on this Account
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
5. Amount of Today's Request
1603
$ 86,000.00
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
2010 CDBG (Cl) 10-09)
Guadalupe Center
Early Childhood Education Project
Date
(approval authority under $14,999)
(approval required $15,000 and above)
Page 24 of 28
s 1 1,
SCHEDULE "D -la"
RELEASE AND AFFIDAVIT FORM
The SUBRECIPIENT certifies for itself and its subcontractors, material -men, successors and
assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which
COUNTY might be sued or for which a lien or a demand against any payment bond might be filed,
have been satisfied and paid.
This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final)
Request for Payment.
Witness:
FIVA
Print name and title
STATE OF
COUNTY OF
SUBRECIPIENT
BY:
ITS:
DATE:
President
The foregoing instrument was acknowledged before me this day of
2009, by , as of
A Choose Not - For - Profit, or Corporation or Municipality on behalf of
Choose Not - For - Profit, Corporation or Municipality . He /She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
2010 CDBG (CD 10 -09)
Guadalupe Center
Early Childhood P:ducation Project
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Page 25 of 28
Commission No.:
16D3
SCHEDULE "D -2"
CDBG MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing, Human and Veteran Service's staff by
the 10'* of the following month.
Status Report for Month of
Project Name Early Childhood Education Project
Submittal Date:
Project Number CD10- 09 _ Activity Number
Subrecipient: Guadalupe Center, Inc.
Contact Person Lisa Morse, Director of Development
Telephone: 239 - 657 -7711 Fax: 239 - 657 -7712
E -mail: lmorsegguadalupecenter.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):
2010 CDBG (C010 -09)
Guadalupe Center
Early Childhood Education Project Page 26 of 28
16D3
Name of Contractor or
Subcontractor, Address & Phone
Number
Amount of
Contract
Contractor
Federal ID
Number
Race
(see definitions
on following
page)
Ethnicity
(see definitions
on following
page)
Total Number of
Extremely
Very
Low Income
Female Head of
Households or
Low Income
Low Income
(51 -80 %)
Household
For projects that serve a particular clientele, please complete the following information by
entering the appropriate number in the blank spaces and in the chart below. Complete the below chart
for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You
may provide data by either households or persons served. However, if one person received TWO
services this counts as TWO SERVICE UNITS:
TOTAL BENEFICIARIES
This project benefits households or persons. Please circle one category (either
"households" or "persons "). Enter the number of beneficiaries in the blank space and in Box 1. "
INCOME
Of the households or persons assisted, are extremely low - income income (0 -30 %) of the
current Median Family Income (MFI). Enter this number in Box "2. "
Of the households or persons assisted, are very low- income (31 -50 %) of the current
Median Family Income (MFI). Enter this number in Box "3. "
Of these households or persons assisted, are low- income (51 -80 %) of the current Median
Family Income (MFI). Enter this number in Box "4. "
NOTE. The total of Boxes 2, 3 and 4 should equal the number in Box].
FEMALE HEAD OF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income. Enter this
number in box "5" below.
BOX 1
BOX 2
BOX 3
BOX 4
BOX 5
Total Number of
Extremely
Very
Low Income
Female Head of
Households or
Low Income
Low Income
(51 -80 %)
Household
Persons Assisted
(0 -30 %)
(31 -50 %)
2010 CDBG (CD10 -09)
Guadalupe Center
Early Childhood Education Project Page 27 of 28
1603
Subrecipient's must indicate total beneficiaries for Race AND Ethnicity
Definitions of Race:
White: A person having origins in any of the original peoples of Europe, the Middle East, or North
Africa.
Black or African- American: A person having origins in any of the black racial groups of Africa.
Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or
the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and Vietnam.
American Indian or Alaska Native: A person having origins in any of the original peoples of North
and South America (including Central America), and who maintains tribal affiliation or community
attachment.
Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of
Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or
other Spanish culture or origin, regardless of race.
Tabulation Table of Race and Ethnicity Beneficiaries
Race
# Total
# Hispanic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
_
American Indian /Alaska Native and White
Asian and White
Black/African American and White
American Indian /Alaskan Native and Black/African American
Other Multi - Racial
TOTAL:
2010 CDBG (CD 10-09)
Guadalupe Center
Early Childhood Education Project Page 28 of 28
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MEMORANDUM
Date: November 17, 2010
To: Rosa Munoz, Grants Mgmt. Coordinator
Housing, Human & Veteran Services
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Subrecipient Agreement with Goodwill Industries of
SW Florida, Inc. for the Robert's Center Renovation Project;
Funding previously approved in the 2010 -11 HUD Action Plan
(HUD Grant # B- 10 -UC -12 -0016)
Attached please find an original copy of the agreement referenced above,
(Item #16D3) approved by the Board of County Commissioners October 26, 2010.
The Minutes & Records Department will hold the second original agreement in the
Official Records of the Board.
If you have any questions, please feel free to contact me at 252 -8406.
Thank you.
Attachment
.E
AGREEMENT BETWEEN COLLIER COUNTY
AND
GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA, INC.
ROBERT'S CENTER RENOVATION PROJECT
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # B- 10 -UC -12 -0016
THIS AGREEMENT is made and entered into by and between Collier County, a political
subdivision of the State of Florida, ( "COUNTY "), and the "Goodwill Industries of SW Florida, Inc." a
private not - for - profit corporation existing under the laws of the State of Florida, having its principal
office at 4940 Bayline Drive, North Fort Myers, FL 33917, and its Federal Tax Identification number
as 59- 6196141 and DUNS #, 152823662 ( "SUBRECIPIENT ").
WHEREAS, the COUNTY has entered into an agreement with the United States Department
of Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of Collier County, pursuant to Title 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 for April 27, 2010 - Agenda Item 16D15; and
WHEREAS, Resolution 08 -121 was developed following the Collier County Consolidated
Plan — Citizen Participation Plan, adopted on January 9, 2001 with Resolution 01 -02; and
WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for
Federal Fiscal Year 2010 -2011 for the CDBG Program and the use of the CDBG funds for the
activities identified in the Plan; and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified
in 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.
2010 CDBG (CD10 -07)
Goodwill Industries, Inc.
Robert's Center Renovation Project Page 1 of 28
16D3
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
I. DEFINITIONS
(A) "COUNTY" means Collier County, and where applicable, it's authorized
representative(s).
(B) "CDBG" means the Community Development Block Grant Program.
(C) "HHVS" means Collier County Department of Housing, Human and Veteran Services.
(D) "HHVS's Approval" means the written approval of the Department of Housing, Human
and Veteran Services or designee.
(E) "SUBRECIPIENT" means Goodwill Industries of Southwest Florida, Inc.
(F) "HUD" means the U.S. Department of Housing and Urban Development or a person
authorized to act on its behalf.
(G) "Low and moderate income persons" means the definition set by HUD.
(H) "Project" means the work to be performed as set forth in Exhibit "A."
II. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHVS,
perform the tasks necessary to conduct the program outlined in Exhibit "A."
III. TIME OF PERFORMANCE
The effective date of the Agreement between HUD and Collier County shall be July 1, 2010.
The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this
Agreement. Subrecipients are authorized to incur eligible expenses after that date and prior to
execution of this Agreement subject to HIIVS prior written approval. In any event, all services
required hereunder shall be completed by the SUBRECIPIENT prior to August 31, 2011. 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 HUNDRED SEVENTY FOUR
THOUSAND, FIVE HUNDRED THREE DOLLARS AND SIXTY CENTS (U. S. $174,503.60) 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.
2010 CDBG (CD 10-07)
Goodwill Industries, Inc.
Robert's Center Renovation Project Page 2 of 28
16D3
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the
submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when
requested as work progresses but not more frequently than once per month. Payment will be made
upon receipt of a proper invoice and in compliance with § 218.70, Fla. Slat., otherwise known as the
"Local Government Prompt Payment Act." No payment will be made until approved by HHVS.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to
HHVS at its office, presently located at 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
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.
2010 CD13G (CD 10-07)
Goodwill Industries, Inc.
Robert's Center Renovation Project Page 3 of 28
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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.
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.
2010 CDBG (CD 10-07)
Goodwill Industries, Inc.
Robert's Center Renovation Project Page 4 of 28
16D3
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, el seq. and
regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws
referenced herein shall constitute a breach of this agreement, and the County shall have
the discretion to unilaterally terminate this agreement immediately.
21. Chapter 112, Florida Statutes.
22. Prohibition Of Gifts To County Employees - No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of
value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes,
Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative
Procedure 5311.
23. Order of Precedence - In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the Agreement shall take precedence over the
terms of all other Contract Documents, except the terms of any Supplemental
Conditions shall take precedence over the Agreement. To the extent any conflict in the
terms of the Contract Documents cannot be resolved by application of the Supplemental
Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the
more strict or costly obligation under the Contract Documents upon the Contractor at
Owner's discretion.
24. Venue - Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of SUBRECIPIENT with full decision - making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached
during negotiations to COUNTY for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of SUBRECIPIENT with full decision - making
authority and by COUNTY'S staff person who would make the presentation of any
settlement reached at mediation to COUNTY'S board for approval. Should either party
fail to submit to mediation as required hereunder, the other party may obtain a court
order requiring mediation under § 44.102, Fla. Staff.
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RIMY]
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.
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
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projects funded by HHVS. This design concept is intended to disseminate key information regarding
the development team as well as Equal Housing Opportunity to the general public. The construction
sign shall comply with applicable County codes.
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.
INSURANCE
SUBRECIPIENT shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit
"B" to this Agreement.
1. SUBRECIPIENT LIABILITY 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
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contract. The contract is contingent upon receipt of the insurance documents within fifteen (15)
calendar days after the Board of County Commissioners' approval. If the Insurance certificate is
received within the specified period, but not in the manner prescribed in these requirements, the
SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5)
calendar days to submit a corrected Certificate to the County.
If the SUBRECIPIENT fails to submit the required insurance documents in the manner
prescribed in these requirements within twenty (20) calendar days after the Board of County
Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of the
contract.
K. INDEPENDENT AGENT AND EMPLOYEES
The SUBRECIPIENT agrees that it will be acting as an independent agent and that its
employees are not Collier County employees and are not subject to the County provisions of law
applicable to County employees relative to employments, hours of work, rates of compensation, leave,
unemployment and employee benefits.
VII. ADMINISTRATIVE REQUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other
Non - Profit Organizations) and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source documentation for all costs
incurred.
B. DOCUMENTATION AND RECORDKF,EPING
1. The SUBRECIPIENT shall maintain all records required by CDBG.
2. All reports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose
of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHVS. Upon completion of all work
contemplated under this Agreement copies of all documents and records relating to this
Agreement shall be surrendered to HHVS if requested. In any event the
SUBRECIPIENT shall keep all documents and records for six (6) years after expiration
of this Agreement.
3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the
preparation of HUD Labor Relations, WBE /MBE, Equal Opportunity Employment, and
HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi).
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4. The SUBRECIPIENT shall submit detailed monthly progress reports to HHVS
outlining the status of specific activities under the project. Each report must account for
the total activity for which the SUBRECIPIENT is paid with CDBG funds, in part or in
whole, and which is required in fulfillment of their obligations regarding the Project.
The progress reports shall be submitted on the form Exhibit "D," Schedule "D -2."
5. The SUBRECIPIENT shall maintain records showing compliance with the Davis -
Bacon Law, including files containing contractor payrolls, employee interviews, Davis -
Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall
maintain records showing contractor compliance with the Contract Work Hours and
Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing
compliance with federal purchasing requirements and with other federal requirements
for grant implementation.
6. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost
allocation plan for determining the appropriate SUBRECIPIENT'S share of
administrative costs and shall submit such plan to the COUNTY for approval, in a form
specified by the COUNTY.
7. Failure to adequately maintain any former CDBG funded project may result in the delay
of processing reimbursement requests for ongoing activities or in the forfeiture of future
CDBG funds.
8. The SUBRECIPIENT will be responsible for the creation and maintenance of income
eligible files on clients served and documentation that all households are eligible under
HUD Income Guidelines.
9. The SUBRECIPIENT further agrees that HHVS shall be the final arbiter on the
SUBRECIPIENT's compliance with the above.
C. REPORTS AUDITS, AND EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to
this 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.
Fhe SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required
by HHVS or MUD to enable IIHVS to evaluate said progress and to allow for completion of reports
required. The SUBRECIPIENT shall allow IIHVS or HUD to monitor the SUBRECIPIENT on site.
Such site visits may be scheduled or unscheduled as determined by HHVS or HUD.
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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. Star. unless otherwise required by CDBG);
(4) All change orders;
(5) All requests to utilize uncommitted funds after the expiration of this agreement
for programs described in Exhibit "A "; and
(6) All rates of pay and pay increases paid out of CDBG funds, whether for merit or
cost of living.
F. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the procedures prescribed by the Federal
Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85.
G. AUDITS AND INSPECTIONS
1. Non- profit organizations that expend $500,000 or more annually in federal
awards shall have a single or program- specific audit conducted for that year in
accordance with OMB A -133. Non - profit organizations expending federal
awards of $500,000 or more under only one federal program may elect to have a
program- specific audit performed in accordance with OMB A -133.
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 fIHVS 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
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the SUBRECIPIENT. A copy of the audit report must be received by HHVS no
later than six months following the end of the SUBRECIPIENT's fiscal year.
4. If an audit is required by Section G of this contract, but the requirements of
OMB A -133 do not apply or are not elected, the SUBRECIPIENT may choose
to have an audit performed either on the basis of the SUBRECIPIENT's fiscal
year or on the basis of the period during which HHVS- federal assistance has
been received. In either case, each audit shall cover a time period of not more
than twelve months and an audit shall be submitted covering each assisted
period until all the assistance received from this contract has been reported.
Each audit shall adhere to all other audit standards of OMB A -133, as these may
be limited to cover only those services undertaken pursuant to the terms of this
contract. A copy of the audit report must be received by HHVS no later than six
months following each audit period.
5. The SUBRECIPIENT shall maintain all contract records in accordance with
generally accepted accounting principles, procedures, and practices which shall
sufficiently and properly reflect all revenues and expenditures of funds provided
directly or indirectly by the County pursuant to the terms of this Agreement.
6. The SUBRECIPIENT shall include in all HHVS approved subcontracts each of
the recordkeeping and audit requirements detailed in this contract.
H. PROGRAM - GENERATED INCOME
All income earned by the SUBRECIPIENT from activities financed in whole or in part by
funds provided hereunder must be reported to HHVS. Such income would include, but not be limited
to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT
shall report its plan to utilize such income to HHVS, and said plan shall require the 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.
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VIII. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the performance of this Agreement on the
basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of
evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower- income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of
the Housing and Community Development Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services, the SUBRECIPIENT shall
make a positive effort to utilize small business and minority /women -owned business enterprises of
supplies and services, and provide these sources the maximum feasible opportunity to compete for
contracts to be performed pursuant to this Agreement. To the maximum extent feasible, these small
business and minority /women -owned business enterprises shall be located in or owned by residents of
the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty -one percent (51%) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons. If the project is located in an entitlement city, as defined
by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries
directly assisted under this Agreement must reside in unincorporated Collier County or in
municipalities participating in the County's Urban County Qualification Program. The project shall
assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement.
D. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in
the target areas or any parcels therein, which would conflict in any manner or degree with the
performance of this Agreement and that no person having any conflict of interest shall be employed by
or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the
SUBRECIPIENT or its employees shall be disclosed in writing to HI 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.
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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. 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
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form -LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all sub - awards at all tiers (including subcontracts, sub - grants,
contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
H. REAL, PROPERTY
Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the
provisions of CDBG including, but not limited to, the provisions on use and disposition of property.
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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, el 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 570.200(j) 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).
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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.
X111. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty -eight (28) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an
original, and such counterparts will constitute one and the same instrument.
XIV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties and
constitutes the entire understanding. The parties hereby acknowledge that there have been and are no
representations, warranties, covenants, or undertakings other than those expressly set forth herein.
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I I I,
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 _=�C_ day oI-
ljc- I-o be.,- , 20-t1,C).
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
y
C . ! t t'... 4.ti7. _
FRED W COYLE, CI IAIRMANI ?
= W , 7 -
Dated:,;
-• (SEA 11
First Witness Goodwill Industries of SW Florida, Inc.
By:
T Subrecipient Signatu
Jc 4e 4
Type /print witness name Rick Evenchyk,
Vice President Goodwill Industries of Southwest Florida
Type /print Subrecipient name and title
Second Witness
Type /print witness name
Approved as to form and legal sufficiency:
Colleen M. Greene
Assistant County Attorney
Item # Uw
Age Date 10 "' �'-
Date 1
Recd `
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Roben's Center Renovation Project
A.
C
16D3
EXHIBIT "A"
SCOPE OF SERVICES
GOODWILL INDUSTRIES OF SW FLORIDA, INC.
ROBERT'S CENTER RENOVATION PROJECT
PROJECT SCOPE:
On April 27, 2010, the BCC approved the HUD Action Plan allocating funding for this
initiative. Community Development Block Grant (CDBG) funding will be used to renovate the
Robert's Center.
In the Action Plan for this program the intended outcome of this funding is to provide
rehabilitation and upgrades to the Roberts Center. The renovation activities will include office
build outs, hurricane hardening and a complete kitchen renovation.
Renovation activities /items /services may include but not be limited to, demolition, repair
and /or replacement of the following: roofs, floors, ceiling, walls, structural items, doors,
windows, HVAC, electrical, plumbing systems, fixtures, cabinetry, appliances, and ramp for
wheelchair accessibility and exterior improvements as well as associated labor and supervision.
The detailed project scope will be contained in the schedule of values 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 persons and improve the
quality /quantity of neighborhood facilities for low- income persons.
BUDGET:
Collier County Housing, Human and Veteran Services is providing One Hundred Seventy Four
Thousand Five Hundred Three Dollars And Sixty Cents ($174,503.60) in CDBG funding for
the project scope described above.
Line Item Description CDBG Funds
Building Renovation Activities $ 174,503.60
TOTAL $174,503.60
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.
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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
11/2010
12/2010
Prepare bid documents
0112011
02/2011
Procure eligible contractor(s) & conduct preconstruction
conference
03/2011
05/2011
Obtain permits & contractor(s) orders materials
03/2011
07/2011
Begin Renovation improvements and associated activities
07/2011
08/2011
Complete final inspections and project close out
D. PAYMENT SCHEDULE
The following table details the project deliverables and payment schedule.
Deliverable Payment Schedule
Interior /exterior renovations I Monthly invoices per contractors schedule of values
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EXHIBIT "A -I"
CHANGE BY LETTER
COLLIER COUNTY GOVERNMENT
Collier County Housing Human and Veteran Services
Public Services Division
Date
Contact Name
Name of Firm
Address
RE: Zero Dollar Contract Change Notification
Re: Contract # and Title of Contract
Project #
Purchase Order #
Dear Contact Name:
User Name
Address
NAPLES, FLORIDA Zip code
PHONE: (239) Phone#
FAX (239) Fax #
1603
By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below:
r The above referenced contract time is hereby extended by Number of days calendar days. The new completion date
shall be on or before month and date, Year.
By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and
satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal rights,
including, but not limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should
circumstances warrant with regard to the referenced contract.
r Additional Staffing Categories Professional Position(s) Hourly Rate(s)
r Draw against Allowance (specify allowance item and identify specific items and quantities)
r Other: Scope Clarifications as indentified in Schedule B -1, "Clarifications in Scope ", (attached).
Sincerely,
Your name
Title
cc: Contract Specialist Name Contract Specialist, Purchasing Department
Suzanne Boothby, Clerk's Grants Department
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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:
Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Public Liability Insurance on a comprehensive basis in an amount no less than $300,000
per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an
additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used
in connection with this contract in an amount not less than $300,000 per occurrence for combined
Bodily Injury and Property Damage.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided
as follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed
design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per
occurrence providing for all sums which the SUBRECIPIENT and /or the design professional shall
become legally obligated to pay as damages fro claims arising out of the services performed by the
SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract.
This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is
issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or
cause its Subcontractors to provide original policies indicating the following types of insurance
coverage prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less
than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy
shall be in the name of Collier County and the SUBRECIPIENT.
6. Flood Insurance shall be provided for those properties found to be within a flood hazard
zone, in an amount not less than the full replace values of the completed structure(s) or the maximum
amount of coverage available through the National Flood Insurance Program (NFIP), whichever is
greater. The policy will show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided
as such time that he buildings' walls and roof exist.
OPERATION /MANAGEMENT PHASE (IF APPLICABLE)
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After the Construction Phase is completed and occupancy begins, the following insurance must
be kept in force throughout the duration of the loan and /or Contract:
7. Public Liability coverage in an amount not less than $1,000,000 per occurrence for
combined Bodily Injury and Property damage. Collier County must be shown as an additional insured
with respect to this coverage.
8. Property Insurance coverage on an "All Risk" basis in an amount not less than one
hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss
payee with respect to this coverage A.T.I.M.A.
9. Flood Insurance coverage for those properties found to be within a flood hazard zone
for the full replacement values of the structure(s) or the maximum amount of coverage available
through the National Flood Insurance Program (NFIP). The policy must show Collier County as a
Loss Payee A.T.I.M.A.
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EXHIBIT "C"
ADDITIONAL CDBG GRANT REQUIREMENTS
Enter additional requirements here, IF NONE EXIST, state "There are no additional grant
requirements."
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EXHIBIT "D"
REQUIRED SUBMITTALS
D -1 Request for Payment
D -la Release and Affidavit Form
D -2 CDBG Monthly Progress Report
2010 CDBG (CD 10-07)
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Robert's Center Renovation Project Page 23 of 28
SCHEDULE "D -1"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Goodwill Industries of SW Florida Inc.
Subrecipient Address: 4940 Bayline Drive North Fort Myers FL 33917
Project Name: Robert's Center Renovation Project
Project No: CD10 -07 Payment Request #
Dollar Amount Requested:
SECTION 11: STATUS OF FUNDS
Grant Amount Awarded
16D3
$ 174,503.60
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) $
1 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
2010 CDBG (CD 10-07)
Goodwill Industries, Inc.
Robert's Center Renovation Project
Date
(approval authority under $14,999)
(approval required $15,000 and above)
Page 24 of 28
16D3
SCHEDULE "D -la"
RELEASE AND AFFIDAVIT FORM
'The SUBRECIPIENT certifies for itself and its subcontractors, material -men, successors and
assigns, that all charges for labor, materials, supplies. lands, licenses and other expenses for which
COUNTY might be sued or for which a lien or a demand against any payment bond might be filed,
have been satisfied and paid.
This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final)
Request for Payment.
SUBRECIPIEN'T
Witness:
:'
Print name and title
STATE OF
COUNTY OF
I
ITS: President
DATE:
The foregoing instrument was acknowledged before me this day of
2009, by as of
A Choose Not - For - Profit, or Corporation or Municipality on behalf of
Choose Not - For - Profit, Corporation or Municipality . He /She is personally known to me OR has
produced _ as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
2010 CDBG (CDIO -07)
Goodwill Industries, Inc.
Robert's Center Renovation Project
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Page 25 of 28
Commission No.:
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SCHEDULE "D -2"
CDBG MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing, Human and Veteran Service's staff by
the I 01 of the following month.
Status Report for Month of Submittal Date:
Project Name Robert's Center Renovation Project
Project Number CD10- 07 Activity Number 380
Subrecipient: Goodwill Industries of SW Florida, Inc.
Contact Person Bob Haenggi Vice President Career Development
Telephone: 239 -995 -2106 Fax: 239 -995 -2099
E -mail: bobhaenggi n goodwillswfl org
1. Activity Status /Milestones (describe any action taken, relating to this project, during
the past month):
2. What events /actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this project.
Please list and attach any recent media coverage of your organization relating to this project.
4. List any additional data relevant to the outcome measures listed on the application
for this project.
5. Identify any potential issues that may cause delay.
New contracts executed this month (if applicable):
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Name of Contractor or
Subcontractor, Address & Phone
Number
Amount of
Contract
Contractor
Federal ID
Number
Race
(see definitions
on following
page)
Ethnicity
(see definitions
on following
page)
BOX 1
BOX 2
13OX 3
BOX 4
F
Total Number of
Extremely
Very
Low Income
f
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
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BOX 1
BOX 2
13OX 3
BOX 4
F
Total Number of
Extremely
Very
Low Income
f
Households or
Low Income
Low Income
(51 -80 %)
Persons Assisted
(0 -30 %)
(31 -50 %)
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• 1
SubrecipienV 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
# His anic
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:
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MEMORANDUM
Date: November 17, 2010
To: Rosa Munoz, Grants Mgmt. Coordinator
Housing, Human & Veteran Services
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Subrecipient Agreement with HDC of SW Florida for a
project helping homeowners at risk of foreclosure;
Funding previously approved in the 2010 -11 HUD Action Plan
(HUD Grant # B- 10 -UC -12 -0016)
Attached please find an original copy of the agreement referenced above,
(Item #16D3) approved by the Board of County Commissioners October 26, 2010.
The Minutes & Records Department will hold the second original agreement in the
Official Records of the Board.
If you have any questions, please feel free to contact me at 252 -8406.
Thank you.
Attachment
l6D 3
AGREEMENT BETWEEN COLLIER COUNTY
AND
HOUSING DEVELOPMENT CORPORATION
OF SW FLORIDA (HDC)
SAVING HOMES IN FORECLOSURE THROUGH
INTERVENTION, NEGOTIATION, AND GUIDANCE (SHIFTING)
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # B- 10 -UC -12 -0016
THIS AGREEMENT is made and entered into by and between Collier County, a political
subdivision of the State of Florida, ( "COUNTY "), and the "Housing Development Corporation of SW
Florida (HDC)," a private not - for - profit corporation existing under the laws of the State of Florida, having
its principal office at 4779 Enterprise Avenue, Naples, FL 34104, and its Federal Tax Identification
number as 38- 3695928 & DUNS # 830181330, ( "SUBRECIPIENT ").
WHEREAS, the COUNTY has entered into an agreement with the United States Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of Collier County, pursuant to Title 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 for
April 27, 2010 - Agenda Item 16D15; and
WHEREAS, Resolution 08 -121 was developed following the Collier County Consolidated Plan —
Citizen Participation Plan, adopted on January 9, 2001 with Resolution 01 -02; and
WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for
Federal Fiscal Year 2010 -2011 for the CDBG Program and the use of the CDBG funds for the activities
identified in the Plan; and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in
Exhibit "A" of this Agreement, in accord with the approved Consolidated Plan; and
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WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of
the CDBG Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it
is agreed by the Parties as follows:
I. DEFINITIONS
(A) "COUNTY" means Collier County, and where applicable, it's authorized representative(s).
(B) "CDBG" means the Community Development Block Grant Program.
(C) "HHVS" means Collier County Department of Housing, Human and Veteran Services.
(D) "HHVS's Approval" means the written approval of the Department of Housing, Human
and Veteran Services or designee.
(E) "SUBRECIPIENT" means the Housing Development Corporation of SW Florida (HDCZ
(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."
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
The effective date of the Agreement between HUD and Collier County shall be July 1, 2010. The
services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this
Agreement. Subrecipients are authorized to incur eligible expenses after that date and prior to execution
of this Agreement subject to HHVS prior written approval. In any event, all services required hereunder
shall be completed by the SUBRECIPIENT prior to June 15, 2011. 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 EIGHTY THOUSAND, THREE HUNDRED
TWELVE DOLLARS AND EIGHTY CENTS (U. S. $80,312.80) 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.
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0 �
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. Star, 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 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.
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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 13 5.1 l (c)).
13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
14. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular
Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in
Community Development Block Grant Contracts.
15. Public Law 100 -430 - the Fair Housing Amendments Act of 1988.
16. OMB Circular A -133 - concerning annual audits.
17. OMB Circular A -122 - which identifies cost principles.
18. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non - Profit Organizations.
19. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to State and
Local Governments.
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20, Immigration Reform and Control Act of 1986 as located at 8 USC 1324, el 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 Slalules, Collier
County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure
5311.
23. Order of Precedence - In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the Agreement shall take precedence over the terms
of all other Contract Documents, except the terms of any Supplemental Conditions shall
take precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or
the Agreement, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
24. Venue - Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of SUBRECIPIENT with full decision - making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached
during negotiations to COUNTY for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall
be attended by representatives of SUBRECIPIENT with full decision - making authority
and by COUNTY'S staff person who would make the presentation of any settlement
reached at mediation to COUNTY'S board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under § 44.102,1,7a. Stal.
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
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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.
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.
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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.
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
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deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the
County.
If the SUBRECIPIENT fails to submit the required insurance documents in the manner prescribed
in these requirements within twenty (20) calendar days after the Board of County Commissioners'
approval, the SUBRECIPIENT shall be in default of the terms and conditions of the contract.
K. INDEPENDENT AGENT AND EMPLOYEES
The SUBRECIPIENT agrees that it will be acting as an independent agent and that its employees
are not Collier County employees and are not subject to the County provisions of law applicable to
County employees relative to employments, hours of work, rates of compensation, leave, unemployment
and employee benefits.
VII. ADMINISTRATIVE REQUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non -
Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein,
utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.
B. DOCUMENTATION AND RECORDKEEPING
1. The SUBRECIPIENT shall maintain all records required by CDBG.
2. All reports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of
this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any
time upon request by the COUNTY or HHVS. Upon completion of all work contemplated
under this Agreement copies of all documents and records relating to this Agreement shall
be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all
documents and records for six (6) years after expiration 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."
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5. The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon
Law, including files containing contractor payrolls, employee interviews, Davis -Bacon
wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law.
Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal
purchasing requirements and with other federal requirements for grant implementation.
6. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation
plan for determining the appropriate SUBRECIPIENT'S share of administrative costs and
shall submit such plan to the COUNTY for approval, in a form specified by the COUNTY.
7. Failure to adequately maintain any former CDBG funded project may result in the delay of
processing reimbursement requests for ongoing activities or in the forfeiture of future
CDBG funds.
8. The SUBRECIPIENT will be responsible for the creation and maintenance of income
eligible files on clients served and documentation that all households are eligible under
HUD Income Guidelines.
9. The SUBRECIPIENT further agrees that HHVS shall be the final arbiter on the
SUBRECIPIENT's compliance with the above.
C. REPORTS, AUDITS, AND EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate reports required
by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this
Agreement.
The SUBRECIPIENT agrees that HHVS will carry out periodic monitoring and evaluation activities as
determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations.
The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by
HHVS 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 SUBRF.CIPIF,NT 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;
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(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. Slat. unless otherwise required by CDBG);
(4) All change orders;
(5) All requests to utilize uncommitted funds after the expiration of this agreement for
programs described in Exhibit "A'; and
(6) All rates of pay and pay increases paid out of CDBG funds, whether for merit or
cost of living.
F. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the procedures prescribed by the Federal
Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85.
G. AUDITS AND INSPECTIONS
Non - profit organizations that expend $500,000 or more annually in federal awards
shall have a single or program- specific audit conducted for that year in accordance
with OMB A -133. Non -profit organizations expending federal awards of $500,000
or more under only one federal program may elect to have a program- specific audit
performed in accordance with OMB A -133.
2. Non - profit organizations that expend less than $500,000 annually in federal awards
shall be exempt from an audit conducted in accordance with OMB A -133, although
their records must be available for review (e.g., inspections, evaluations). These
agencies are required by HHVS to submit "Reduced Scope" audits (e.g., financial
audit, performance audits). They may choose, instead of a Reduced Scope Audit,
to have a program audit conducted for each federal award in accordance with
federal laws and regulations governing the program in which they participate.
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
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report must be received by HHVS no later than six months following each audit
period.
5. The SUBRECIPIENT shall maintain all contract records in accordance with
generally accepted accounting principles, procedures, and practices which shall
sufficiently and properly reflect all revenues and expenditures of funds provided
directly or indirectly by the County pursuant to the terms of this Agreement.
6. The SUBRECIPIENT shall include in all HIIVS 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 HIIVS, 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
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located in or owned in substantial part by persons residing in the project areas shall be aryarded 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. Stal.
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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 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, et seq.
2. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
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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 SUBRECIPIFNT agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention
Act found at 24 CFR 570.608.
D. HISTORIC PRESERVATION
The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in
the National Historic Preservation Act of 1966, as amended (16 USC 470) and the procedures set forth in
36 CFR 800, Advisory Council on Historic Preservation Procedures for Protection of Historical
Properties.
X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religious
organizations. Section 24 CFR 570.2000) specifies the limitations on CDBG funds.
XI. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any
CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG
funds, and any non - expendable personal property that was purchased with CDBG funds. Any real
property under SUBRECIPIENT control will be covered by the regulations 24 CFR 570.503(B)(8).
XII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of 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.
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XIV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties and
constitutes the entire understanding. The parties hereby acknowledge that there have been and are no
representations, warranties, covenants, or undertakings other than those expressly set forth herein.
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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 �1 C day of
en _ 'ge.� , 20ZA2.
ATTEST:
DWIGHT E. BROCK, CLERK
It1 �1N1A■�
Dated: " - 10
(SEAL)
First Witness
Type /print witness name
2010 CDBG (CD10 -07)
HDC
Foreclosure Prevention/Intervention
(SHIFTING)
BOARD OF COUNTY COMMISSIONERS OF
COLLIER BOUNTY, FLORIDA
t
By:
FRED W. COYLE, CHAIRMAN
Housing Development Corporation of SW
Florida (HDC)
By: C?44 /744& -a n
Subkcipiefit Signature
Kathy Patterson, Executive Director
Type /print Subrecipient name and title
Approved as to form and legal sufficiency:
&(A
Colleen M. Green
Assistant County Attorney
Page 16 of 28
Item #
Agenda 1h..,�I,u.lr\
Date 1�-� J
Date
d
k.,
A.
16D3
EXHIBIT "A"
SCOPE OF SERVICES
HOUSING DEVELOPMENT
CORPORATION OF SW FLORIDA (HDC)
SAVING HOMES IN FORECLOSURE THROUGH
INTERVENTION, NEGOTIATION, AND GUIDANCE (SHIFTING)
PROJECT SCOPE:
On April 27, 2010, the BCC approved the HUD Action Plan allocating funding for this initiative.
Community Development Block Grant (CDBG) funding will be used to provide comprehensive
foreclosure intervention and prevention counseling services to homeowners in Collier County at-
risk of foreclosure.
The program will target low- income homeowners, and will be limited to those trying to save their
"Homesteaded" property. This grant funding for the Housing Development Corporation of SW
Florida, Inc. (HDC), in partnership with the Legal Aid Society of Collier County (LASCC), will
be used to pay 100% salary and benefits, legal counseling services and associated office rent to
support foreclosure intervention.
In the Action Plan, the intended outcome is to provide services to a minimum of 130 persons.
However, the actual award was about 25% of the dollars requested for 130 persons. The Action
Plan was inadvertently not adjusted for the reduced award. Therefore, these funds will now be
expected to serve a minimum of 80 persons.
The project activities will meet the U.S. Department of Housing and Urban Development's
national objective to improve the services for low/ moderate income families.
BUDGET:
Collier County blousing, Human and Veteran Services is providing Eighty Thousand, Three
Hundred Twelve Dollars and Eighty Cents ($80,312.80) in CDBG funding for the project scope
described above.
Line Item Description CDBG Funds
HDC Salary and benefits
HDC Counselor
Receptionist /intake Staff
Supervisor $12,315.80
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C.
LASCC Staff Salary and Benefits — Housing
Attorney
Rent ( LASCC)
TOTAL
$62,847.00
$ 5,150.00
$80,312.80
16D3
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.
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
8/2010
05/2011
Demonstrate that a minimum of 40 beneficiaries
Rent
Upon invoicing of allowable expenses
have been provided services as documented by
monthly reports
8/2010
8/2011
Demonstrate that a minimum of 80 have been
provided services as documented by monthly reports
PAYMENT SCHEDULE:
The following table details the project deliverables and payment schedule.
Deliverable
Payment Schedule
Hours of Foreclosure
intervention services
provided
Upon invoicing of allowable expenses
Salary
_
Upon invoicing of allowable expenses
Rent
Upon invoicing of allowable expenses
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EXHIBIT "A -1"
CHANGE BY LETTER
-% COLLIER COUNTY GOVERNMENT
Collier County Housing, Human and Veteran Services User Name
Public Services Division Address
NAPLES, FLORIDA Zip code
PHONE: (239) Phone #
Date FAX (239) Fax #
Contact Name
Name of Firm
Address
RE: Zero Dollar Contract Change Notification
Re: Contract # and Title of Contract
Project #
Purchase Order #
Dear Contact Name:
By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below:
r The above referenced contract time is hereby extended by Number of days calendar days. The new completion date shall
be on or before month and date, Year.
By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and satisfactory
manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal rights, including, but not
limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should circumstances warrant with
regard to the referenced contract.
FA
Additional Staffing Categories Professional Position(s) Hourly Rate(s)
F Draw against Allowance (specify allowance item and identify specific items and quantities)
r Other: Scope Clarifications as indentified in Schedule B- 1, "Clarifications in Scope ", (attached).
Sincerely,
Your name
Title
cc: Contract Specialist Name Contract Specialist, Purchasing Department
Suzanne Boothby, Clerk's Grants Department
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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 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 SUBRECIPIENT 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.
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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.I.M.A.
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EXHIBIT "C"
ADDITIONAL CDBG GRANT REQUIREMENTS
1603
Enter additional requirements here, IF NONE EXIST, state "There are no additional grant
requirements."
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EXHIBIT "D"
REQUIRED SUBMITTALS
D -1 Request for Payment
D -1a Release and Affidavit Form
D -2 CDBG Monthly Progress Report
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SCHEDULE "D -l"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: The Housing Development Corporation of SW Florida (HDC)
Subrecipient Address: 4779 Enterprise Avenue Naples FL 34104
Project Name: Saving Homes In Foreclosure Through Intervention, negotiation, and
Guidance (SHIFTING)
Project No: CD10 -11 Payment Request #
Dollar Amount Requested:
SECTION 11: 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
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests)
1603
80.313.00
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
2010 CDBG (CD 10-11)
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(SHIPPING)
Date
(approval authority under $14,999)
(approval required $15,000 and above)
Page 24 of 28
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SCHEDULE "D -Ia"
RELEASE AND AFFIDAVIT FORM
The SUBRECIPIENT certifies for itself and its subcontractors, material -men, successors and
assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which
COUNTY might be sued or for which a lien or a demand against any payment bond might be tiled, have
been satisfied and paid.
This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final)
Request for Payment.
SUBRECIPIENT
Witness: BY:
BY: ITS:
DATE:
Print name and title
STATE OF
COUNTY OF
President
The foregoing instrument was acknowledged before me this day of 2009,
by as of
A Choose Not -For- Profit, or Corporation or Municipality on behalf of
Choose Not - For - Profit, Corporation or Municipality . He /She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
2010 CDnG (CD10 -11)
HDC
Homebuyer Ed and Counseling
(SHIEIING)
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Page 25 of 28
Commission No.:
1603
SCHEDULE "D -2"
CDBG MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing, Human Veteran Service's staff by the
I ffh of the following month.
Status Report for Month of Submittal Date:
Project Name Saving Homes In Foreclosure Through Intervention, Negotiation, and Guidance (Shifting)
Project Number CD10- I 1 Activity Number 384
Subrecipient: The Housing Development Corporation of SW Florida (HDC)
Contact Person Kathy Patterson, Executive Director
Telephone: 239 -434 -2397 Fax: 239 -430 -2387
E -mail: kpattersonLa collierchdc.ory
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):
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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 (MIT). Enter this number in Box "2. "
Of the households or persons assisted, are very low- income (31 -50 %) of the current Median
Family Income (MIT). 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 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
2010 CDnG (CD 10 -1 1)
I IDC
Homebuyer Ed and Counseling
IS[ IIF'IING)
Page 27 of 28
16D3
Subrecipient's must indicate total beneficiaries for Race AND Ethnicity
Definitions of Race:
White: A person having origins in any of the original peoples of Europe, the Middle East, or North
Africa.
Black or African - American: A person having origins in any of the black racial groups of Africa.
Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the
Indian subcontinent including for example, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine islands, Thailand, and Vietnam.
American Indian or Alaska Native: A person having origins in any of the original peoples of North
and South America (including Central America), and who maintains tribal affiliation or community
attachment.
Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of
Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race.
Tabulation Table of Race and Ethnicity Beneficiaries
Race
# Total
# Hispanic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian /Alaska Native and White
Asian and White
Black/African American and White
American Indian/Alaskan Native and Black/African American
Other Multi - Racial
-- TOTAL:
2010 CDnG (CD10 -11)
11DC
Homebuyer Ed and Counseling Page 28 of 28
(SHIF "PING)
16D3
MEMORANDUM
Date: November 17, 2010
To: Rosa Munoz, Grants Mgmt. Coordinator
Housing, Human & Veteran Services
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Subrecipient Agreement with Collier County's Transportation
Department for the Naples Manor Sidewalk Installation Project;
Funding previously approved in the 2010 -11 HUD Action Plan
(HUD Grant # B- 10 -UC -12 -0016)
Attached please find an original copy of the agreement referenced above,
(Item #16D3) approved by the Board of County Commissioners October 26, 2010.
The Minutes & Records Department will hold the second original agreement in the
Official Records of the Board.
If you have any questions, please feel free to contact me at 252 -8406.
Thank you.
Attachment
1603
AGREEMENT BETWEEN COLLIER COUNTY
AND
TRANSPORTATION ENGINEERING DEPARTMENT
GROWTH MANAGEMENT DIVISION
SIDEWALK INSTALLATION PROJECT- NAPLES MANOR
Catalog of Federal Domestic Assistance # 14.218
HUD Grant B- 10 -UC -I2 -0016
THIS AGREEMENT is made and entered into by and between Collier County, a political
subdivision of the State of Florida, ( "COUNTY "), and "The Growth Management Division,
Transportation Engineering Department," existing under the laws of the State of Florida, having its
principal office at 2885 N. Horseshoe Drive Naples, FL 34104, and its Federal Tax Identification
number as 59- 60000558 & DUNS 976997790, ( "SUBRECIPIENT ").
WHEREAS, the COUNTY has entered into an agreement with the United States Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of Collier County, pursuant to Title 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 COUNTY and the SUBRECIPIENT desire to provide the activities specified in
Exhibit A of this Agreement, in accord with the approved Consolidated Plan; and
Page I of
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
undertakings of the CDBG Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it
is agreed by the Parties as follows:
I. DEFINITIONS
(A) "COUNTY" means Collier County, and where applicable, it's authorized representative(s).
(B) "CDBG" means the Community Development Block Grant Program.
(C) "HHVS" means Housing, Human & Veteran Services.
(D) "HHVS's Approval" means the written approval of the Department of Housing and
I luman Services or designee.
(E) "SUBRECIPIENT" means Transportation Engineering Department, Growth Mana eg ment
Division.
(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."
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
The effective date of the Agreement between HUD and Collier County shall be July 1, 2010. The
services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this
Agreement. Subrecipients are authorized to incur eligible expenses after that date and prior to execution
of this Agreement subject to HHVS prior written approval. In any event, all services required hereunder
shall be completed by the SUBRECIPIENT prior to September 30, 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 Eight Hundred Ten Thousand Five Hundred
Thirty Eight Dollars and 00 /100 ($810,538.00) for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees,
professional consultants or shall be put out under a formal 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
Page 2 of 27
1603
monthly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work
progresses but not more frequently than once per month. Payment will be made upon receipt of a proper
invoice and in compliance with § 218.70, Fla. Stat., otherwise known as the "Local Government Prompt
Payment Act." No payment will be made until approved by HHVS.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to HHVS
at its office, presently located at 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, and to the
SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement.
VI. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT
The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal,
State, and County laws, ordinances and codes and with the procedures outlined in HHVS' Policies and
Procedures memoranda.
Should a project receive additional funding after the commencement of this Agreement, the
SUBRECIPIENT shall notify HHVS in writing within thirty (30) days of receiving notification from the
funding source and submit a cost allocation plan for approval by HHVS or its designee within forty -five
(45) days of said official notification.
B. DEBARMENT
The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction
by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any
lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended
from participating in this covered transaction.
C. LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations and
orders of the State, local and Federal governments, including, but not limited to:
1. 24 CFR 570, as amended - The regulations governing the expenditure of Community
Development Block Grant (CDBG) funds.
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
3. Title VI of the 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.
Page 3 of 27
1603
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.
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.
Page 4 of 27
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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 terns
of all other Contract Documents, except the terms of any Supplemental Conditions shall
take precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or
the Agreement, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
24. Venue - Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of SUBRECIPIENT with full decision - making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached
during negotiations to COUNTY for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall
be attended by representatives of SUBRECIPIENT with full decision - making authority
and by COUNTY'S staff person who would make the presentation of any settlement
reached at mediation to COUNTY'S board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under § 44.102, Fla. Stat.
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
Page 5 ol'27
1603
subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of
the HHVS or its designee.
E. AMENDMENTS
This Agreement, and any exhibit or attachment, may be amended only by written agreement
executed by the governing boards of both parties, except that County representative(s) may approve
adjustments between line item amounts, scope clarifications, or an extension of time and schedule that do
not change the project, or exceed the amount funded by the County, as stated herein. Any modifications
to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures
in effect at the time such modifications are authorized.
F. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless Collier County, its officers and employees from any and all liabilities, damages, losses and
costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by
the negligence, recklessness, or intentionally wrongful conduct of the 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.
Page 6 of 27
16D3
1. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner its obligations
under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of
this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part
by giving written notice of such termination to the other party and specifying therein the effective date of
termination. (See 24 CFR 85.43.)
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any reason,
terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination,
the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through
and including the date of termination. (See 24 CFR 85.44.)
3. TERMINATION DUE TO CESSATION
In the event the grant to the COUNTY under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated
effective on the date that 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 not be acting as an independent agent and that its
employees are Collier County employees and are 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.
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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 three (3) 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).
The SUBRECIPIENT shall submit detailed monthly progress reports to HHVS outlining
the status of specific activities under the project. Each report must account for the total
activity for which the SUBRECIPIENT is paid with CDBG funds, in part or in whole, and
which is required in fulfillment of their obligations regarding the Project. The progress
reports shall be submitted on the form Exhibit "D," Schedule "D -2."
The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon
Law, including files containing contractor payrolls, employee interviews, Davis -Bacon
wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law.
Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal
purchasing requirements and with other federal requirements for grant implementation.
6. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation
plan for determining the appropriate SUBRECIPIENT'S share of administrative costs and
shall submit such plan to the COUNTY for approval, in a form specified by the COUNTY.
7. Failure to adequately maintain any former CDBG funded project may result in the delay of
processing reimbursement requests for ongoing activities or in the forfeiture of future
CDBG funds.
8. The SUBRECIPIENT will be responsible for the creation and maintenance of income
eligible files on clients served and documentation that all households are eligible under
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HUD Income Guidelines.
9. The SUBRECIPIENT further agrees that HHVS shall be the final arbiter on the
SUBRECIPIENT's compliance with the above.
C. REPORTS, AUDITS, AND EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate reports required
by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this
Agreement.
The SUBRECIPIENT agrees that HHVS will carry out periodic monitoring and evaluation
activities as determined necessary. The continuation of this Agreement is dependent upon satisfactory
evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status
reports required by HHVS 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 & VETERAN SERVICES, COUNTY, AND HUD
REQUIREMENTS
The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather
than supplant funds otherwise available for specified activities.
E. WRITTEN APPROVALS
(1) All subcontracts and agreements proposed to be entered into by the
SUBRECIPIENT pursuant to this Agreement;
(2) All capital equipment expenditures of $1,000 or more;
(3) All out -of -town travel (travel shall be reimbursed in accordance with Chapter 112,
Fla. Stat. unless otherwise required by CDBG);
(4) All change orders;
(5) All requests to utilize uncommitted funds after the expiration of this agreement for
programs described in Exhibit "A'; and
(6) All rates of pay and pay increases paid out of CDBG funds, whether for merit or
cost of living.
F. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the procedures prescribed by the Federal
Management Circulars A -110, A -122, 24 CFIZ 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
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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 HI IVS 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.
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 FIHVS- 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 FIHVS. 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
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provisions of this Agreement shall apply to stated activities. Any Program Income received by the
SUBRECIPIENT or its sub - contractors shall be returned to the COUNTY unless the SUBRECIPIENT
requests and is authorized by HHVS to utilize uncommitted funds.
1. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to: making final
payments, disposing of program assets (including the return of all unused materials, equipment, unspent
cash advances, program income balances, and receivable accounts to the COUNTY), and determining the
custodianship of records.
VIII. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected
to, discrimination under any activity carried out by the performance of this Agreement on the basis of
race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of
such discrimination, the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower- income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business concerns
located in or owned in substantial part by persons residing in the project areas shall be awarded contracts
in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and
Community Development Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services, the SUBRECIPIENT shall
make a positive effort to utilize small business and minority /women -owned business enterprises of
supplies and services, and provide these sources the maximum feasible opportunity to compete for
contracts to be performed pursuant to this Agreement. To the maximum extent feasible, these small
business and minority /women -owned business enterprises shall be located in or owned by residents of the
CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by
HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly
assisted under this Agreement must reside in unincorporated Collier County or in municipalities
participating in the County's Urban County Qualification Program. The project shall assist beneficiaries
as defined above for the time period designated in Exhibit "A" of this Agreement.
Page I I of27
1603
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. Slat by entering into this Agreement or performing any work in
furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and
consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by
the State of Florida Department of Management Services within the 36 months immediately preceding the
date hereof. This notice is required by § 287.133 (3)(a), Fla. Stat.
F. DRUG -FREE WORKPLACE REQUIREMENTS
The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with
the Drug -Free Workplace Act of 1988 (41 USC 701).
G. CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
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.
Page 12 or27
16
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, el 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 570.200(j) specifies the limitations on CDBG funds.
Page 13 of 27
1603
XI. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any
CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG
funds, and any non - expendable personal property that was purchased with CDBG funds. Any real
property under SUBRECIPIENT control will be covered by the regulations 24 CFR 570.503(B)(8).
XII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty -eight (28) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an
original, and such counterparts will constitute one and the same instrument.
XIV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties and
constitutes the entire understanding. The parties hereby acknowledge that there have been and are no
representations, warranties, covenants, or undertakings other than those expressly set forth herein.
Page 14 of 27
16D3
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 t-' aG 2010
ATTEST:
DWIGHT E. BROCK, CLERK
st Witness
G1
Type /print witness ' name
BOARD OF COUNTY COMMISSIONERS OF
COLLIER (rOU,NR_C TY, FLORIDA
jl [
�.�.. 1 n . x�_..
By:
FRED W. COYLE, CHAIRMAN
Transportation Engineering Department,
Growth Management Division
By: v' ,
Sgreefpient ature
Jay Ahmad, Director,
Transportation Engineering
Approved as to form and legal sufficiency:
1, a�v`r , 1 kt �
Jennifer B' White
Assistant County Attorney
Page 15 of 27
Aida 1 ri-
uee VSl-
Date I
Recd l
Depeb�,.
EXHIBIT "A" 1603
SCOPE OF SERVICES
TRANSPORTATION ENGINEERING & CONSTRUCTION MANAGEMENT
NAPLES MANOR - SIDEWALKS
A. PROJECT SCOPE
On April 27 "', 2010, the Board of County Commissioners approved the HUD Action Plan allocating
funding for this initiative. Community Development Block Grant (CDBG) funding will be used for
the construction of sidewalks in Naples Manor. This project is a joint project between Transportation
Engineering & Construction Management and Housing, Human and Veteran Services.
In the Action Plan, the intended outcome of this funding is to install 44,550 square feet (1.7miles) of
sidewalks in the Naples Manor subdivision. That intended outcome is for the entire project, a portion
of which is being paid for by this grant. The remaining portion will be funded from other sources.
The grant funding will cover all costs associated with construction, including, but not limited to,
excavation, site preparation and restoration, stormwater management, and all other related sidewalk
construction costs. The grant funding will be applied prior to the other funding sources. The project
will be further defined in the design and construction agreements that will be subsequently approved
by the Board of County Commissioners. The grant project will not be closed until the intent has been
met.
Any unexpended funds that may be available after 44,500 square feet (1.7 miles) of sidewalk have
been installed, may be used toward installation of additional sidewalks in accordance with bid
specifications not to exceed the grant amount awarded.
The detailed project scope will be contained in the bid specifications of the contractor 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 a low and moderate income area.
B. BUDGET
Collier County Housing, Human and Veteran Services is providing Eight Hundred Ten Thousand Five
Hundred Thirty Eight Dollars and 00 /100 ($810,538.00) in CDBG funding for the project scope
described above.
Line Item Description CDBG Funds
Sidewalk construction and related
costs $ 810,538.00
TOTAL $810,538.00
Page I6 of27
1603
Any modifications to this contract shall be in compliance with the County Purchasing Policy and
Administrative Procedures in effect at the time such modifications are authorized.
C. PROJECT WORK PLAN
The following Project Work Plan is in effect for program monitoring requirements only and, as such,
is not intended to be used as a payment schedule.
Date
Start
Date
End
Work Plan
11/2010
01/2011
e
Complete design package
02/2011
09/2012
Contract Begins, Permitting, Construction activities
03/2011
09/2012
Complete final inspections and project close -out
D. PAYMENT SCHEDULE
The following table details the project deliverables and payment schedule.
Deliverable
Page 17 of 27
Payment Schedule
Construction of Sidewalks
Monthly invoices /pay applications per contractor's
Schedule of Values
Page 17 of 27
EXHIBIT "A -1"
CHANGE BY LETTER
COLLIER COUNTY GOVERNMENT
Collier County Housing, Human & Veteran
Public Services Division
Date
Contact Name
Name of Firm
Address
RE: Zero Dollar Contract Change Notification
Re: Contract # and Title of Contract
Project #
Purchase Order #
Dear Contact Name:
Address
User Name
NAPLES, FLORIDA Zip code
PHONE: (239) Phone #
FAX (239) Fax #
1603
By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below:
I— The above referenced contract time is hereby extended by Number of days calendar days. The new completion date shall
be on or before month and date, Year.
By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and satisfactory
manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal rights, including, but not
limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should circumstances warrant with
regard to the referenced contract.
r
Additional Staffing Categories Professional Position(s) I lourly Rate(s)
r Draw against Allowance (specify allowance item and identify specific items and quantities)
r Other: Scope Clarifications as indentified in Schedule B -1, "Clarifications in Scope ", (attached).
Sincerely,
Your name
Title
cc: Contract Specialist Name Contract Specialist, Purchasing Department
Suzanne Boothby, Clerk's Grants Department
Page 18 of 27
EXHIBIT "B" 1603
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human & 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:
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 I — 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.
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be
kept in force throughout the duration of the loan and /or Contract:
Page 19 of 27
1603
7. Public Liability coverage in an amount not less than $1,000,000 per occurrence for
combined Bodily Injury and Property damage. Collier County must be shown as an additional insured
with respect to this coverage.
8. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred
(100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee with
respect to this coverage A.T.I.M.A.
9. Flood Insurance coverage for those properties found to be within a flood hazard zone for
the full replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program (NFIP). 'The policy must show Collier County as a Loss Payee
A.T.I.M.A.
Page 20 of 27
F,t
EXHIBIT "C"
ADDITIONAL CDBG GRANT REQUIREMENTS
Enter additional requirements here, IF NONE EXIST, state "There are no additional grant
requirements."
NO ADDITIONAL GRANT REQUIREMENTS
Page 21 of 27
EXHIBIT "D"
REQUIRED SUBMITTALS
D -1 Request for Payment
D -la Release and Affidavit Form
D -2 CDBG Monthly Progress Report
Pagc 22 of'27
16D3
SCHEDULE
HOUSING, HUMAN & VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Transportation Engineering Department Growth Management Division
Subrecipient Address: 2885 N Horseshoe Drive Naples, FL 34104
Project Name: Naples Manor - Sidewalks
Project No: CD10 -02 Payment Request 4
Dollar Amount Requested:
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
$ 810,538.00
2. Sum of Past Claims Paid on this Account
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
4. Amount of Previous Unpaid Requests
5. Amount of Today's Request
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests) $
I certify that this request for payment has been drawn in accordance with the terms and conditions
of the Agreement between the COUNTY and us, as the SUBRECIPIENT. I also certify that the amount
of the Request for Payment is not in excess of current needs.
Signature Date
Title
Authorizing Grant Coordinator
Dept Director
(approval authority under $14,999)
(approval required $15,000 and above)
Page 23 of 27
16D3
SCHEDULE "D -la"
RELEASE AND AFFIDAVIT FORM
The SUBRECIPIENT certifies for itself and its subcontractors, material -men, successors and
assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which
COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have
been satisfied and paid.
This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final)
Request for Payment.
Witness:
C
Print name and title
STATE OF
COUNTY OF
SUBRECIPIENT
BY:
ITS:
DATE:
Director
The foregoing instrument was acknowledged before me this day of 12010,
by I as of
A Choose Not -For- Profit, or Corporation or Municipality on behalf of
Choose Not - For - Profit, Corporation or Municipality . lie/She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Page 24 of 27
Commission No.:
1603
SCHEDULE "D -2"
CDBG MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing, Human & Veteran Service's staff by the
1 e of the following month.
Status Report for Month of
Project Name Naples Manor - Sidewalks
Submittal Date:
Project Number CD10 -02 Activity Number
Subrecipient: Transportation Engineering Department, Growth Management Division
Contact Person Dan Hall Senior Project Manager
Telephone: 239 - 252 -6007 Fax: Enter Fax Number (area code)xxx -xxxx
E -mail: Danielhall(a,colliergov.net
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):
Page 25 of 27
16D3
Name of Contractor or
Subcontractor, Address & Phone
Number
Amount of
Contract
Contractor
Federal ID
Number
Race
(see definitions
on following
page)
Ethnicity
(see definitions
on following
page)
Total Number of
Extremely
Very
L.ow 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
INCOME
Of the households or persons assisted, are extremely low- income income (0 -30 %) of the
current Median Family Income (MFI). Enter this number in Box "2. "
Of the households or persons assisted, _ are very low- income (31 -50 %) of the current Median
Family Income (MFI). Enter this number in Box "3. "
Of these households or persons assisted, are low- income (51 -80 %) of the current Median
Family Income (MFI). Enter this number in Box "4. "
NOTE: The total of Boxes 2,3 and 4 should equal the number in Box].
FEMALE HEAD OF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income. Enter this
number in box "5" below.
BOX 1
BOX 2
BOX 3
BOX 4
BOX 5
Total Number of
Extremely
Very
L.ow Income
Female Head of
Households or
Low Income
Low Income
(51 -80 %)
Household
Persons Assisted
(0 -30 %)
(31 -50 %)
Page 26 of 27
Subreeipient's must indicate total beneficiaries for Race AND Ethnicity
16D3
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
# His anic
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 MuICi- Racial _
TOTAL:
Page 27 of 27
16D3
MEMORANDUM
Date: November 17, 2010
To: Rosa Munoz, Grants Mgmt. Coordinator
Housing, Human & Veteran Services
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Subrecipient Agreement w /Collier County's
Housing, Human & Veteran Services for the
County's Senior Meals Program; project funding
previously approved in HUD's 2010 -11 Action Plan
(HUD Grant # B- 10 -UC -12 -0016)
Attached please find an original copy of the agreement referenced above,
(Item #16D3) approved by the Board of County Commissioners October 26, 2010.
The Minutes & Records Department will hold the second original agreement in the
Official Records of the Board.
If you have any questions, please feel free to contact me at 252 -8406.
Thank you.
1603
AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
COLLIER COUNTY SENIOR MEALS PROGRAM
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # B- 10 -UC -12 -0016
THIS AGREEMENT is made and entered into by and between Collier County, a political
subdivision of the State of Florida, ( "COUNTY "), and "Collier County Housing, Human and Veteran
Services," existing under the laws of the State of Florida, having its principal office at 3301 E Tamiami
Trail Building H Suite 211, Naples, FL 34112, and its Federal "fax Identification number as 59- 6000558,
& DUNS 476997790, ("SUBRECIPIENT ").
WHEREAS, the COUNTY has entered into an agreement with the United States Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of Collier County, pursuant to Title 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 for
April 27, 2010 - Agenda Item 16D15; and
WHEREAS, Resolution 09 -116 was developed following the Collier County Consolidated Plan —
Citizen Participation Plan, adopted on January 9, 2001 with Resolution 01 -02; and
WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for
Federal Fiscal Year 2010 -2011 for the CDBG Program and the use of the CDBG funds for the activities
identified in the Plan; and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in
Exhibit "A" of this Agreement, in accord with the approved Consolidated Plan; and
2010 CDBG (CD10 -08)
HHVS —CC Senior Meals Program Page I of 27
16D3
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
undertakings of the CDBG Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it
is agreed by the Parties as follows:
I. DEFINITIONS
(A) "COUNTY" means Collier County, and where applicable, it's authorized representative(s).
(B) "CDBG" means the Community Development Block Grant Program.
(C) "HHVS" means Collier County Department of Housing, Human and Veteran Services.
(D) "IIHVS's Approval" means the written approval of the Department of Housing, Human
and Veteran Services or designee.
(E) " SUBRECIPIENT" means Collier County Housing Human and Veteran Services.
(F) "HUD" means the U.S. Department of Housing and Urban Development or a person
authorized to act on its behalf.
(G) "Low and moderate income persons" means the definition set by HUD.
(H) "Project" means the work to be performed as set forth in Exhibit "A."
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."
111. TIME OF PERFORMANCE
The effective date of the Agreement between HUD and Collier County shall be July 1, 2010. The
services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this
Agreement. Subrecipients are authorized to incur eligible expenses after that date and prior to execution
of this Agreement subject to HHVS prior written approval. In any event, all services required hereunder
shall be completed by the SUBRECIPIENT prior to August 31, 2011. 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 NINETY FIVE THOUSAND DOLLARS
(U.S. $95,000) for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or
shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal
requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest
responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and
monitored by HHVS, which shall have access to all records and documents related to the project.
2010 CDBG (Cl) 10-09)
IIIIVS— CC Senior Meals Program Page 2of27
1603
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, Ila. Slat., otherwise known as the "Local Government
Prompt Payment Act." No payment will be made until approved by HHVS.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to HHVS
at its office, presently located at 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 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.
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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).
I t. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended.
12. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and
the use of apprentices and trainees on federally assisted projects as mandated by the Davis -
Bacon Act. HUD Form 4010 must be included in all construction contracts funded by
CDBG. (See 42 USC 276a and 24 CFR 135.11(c)).
13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
14. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular
Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in
Community Development Block Grant Contracts.
15. Public Law 100 -430 - the Fair Housing Amendments Act of 1988.
16. OMB Circular A -133 - concerning annual audits.
17. OMB Circular A -122 - which identifies cost principles.
18. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non -Profit Organizations.
19. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to State and
Local Governments.
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20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and
regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws
referenced herein shall constitute a breach of this agreement, and the County shall have the
discretion to unilaterally terminate this agreement immediately.
21. Chapter 112, Florida Statutes.
22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to
any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier
County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure
5311.
23. Order of Precedence - In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the Agreement shall take precedence over the terms
of all other Contract Documents, except the terms of any Supplemental Conditions shall
take precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or
the Agreement, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
24. Venue - Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of SUBRECIPIENT with full decision - making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached
during negotiations to COUNTY for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall
be attended by representatives of SUBRECIPIENT with full decision - making authority
and by COUNTY'S staff person who would make the presentation of any settlement
reached at mediation to COUNTY'S board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under § 44.102, Fla. Stat.
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
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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.
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.
I1. 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,
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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.
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.
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If the SUBRECIPIENT fails to submit the required insurance documents in ICU p3scribed
in these requirements within twenty (20) calendar days after the Board of County Commissioners'
approval, the SUBRECIPIENT shall be in default of the terms and conditions of the contract.
K. INDEPENDENT AGENT AND EMPLOYEES
The SUBRECIPIENT agrees that it will be acting as an independent agent and that its employees
are not Collier County employees and are not subject to the County provisions of law applicable to
County employees relative to employments, hours of work, rates of compensation, leave, unemployment
and employee benefits.
VII. ADMINISTRATIVE REQUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non -
Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein,
utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.
B. DOCUMENTATION AND RECORDKEEPING
The SUBRECIPIENT shall maintain all records required by CDBG.
2. All reports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of
this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any
time upon request by the COUNTY or HHVS. Upon completion of all work contemplated
under this Agreement copies of all documents and records relating to this Agreement shall
be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all
documents and records for six (6) years after expiration 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.
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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 SUBRECIPIEN'rs share of administrative costs and
shall submit such plan to the COUNTY for approval, in a form specified by the COUNTY.
7. Failure to adequately maintain any former CDBG funded project may result in the delay of
processing reimbursement requests for ongoing activities or in the forfeiture of future
CDBG funds.
8. The SUBRECIPIENT will be responsible for the creation and maintenance of income
eligible files on clients served and documentation that all households are eligible under
HUD Income Guidelines.
9. The SUBRECIPIENT further agrees that HHVS shall be the final arbiter on the
SUBRECIPIENT's compliance with the above.
C. REPORTS AUDITS AND EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate reports required
by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this
Agreement.
The SUBRECIPIENT agrees that HHVS will carry out periodic monitoring and evaluation activities as
determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations.
The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by
HHVS 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. 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. S /at. 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.
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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 SUBRECIPIF,NT'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 TIHVS- 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 HIIVS 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.
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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 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
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supplies and services, and provide these sources the maximum feasible opportunity to compete for
contracts to be performed pursuant to this Agreement. To the maximum extent feasible, these small
business and minority /women -owned business enterprises shall be located in or owned by residents of the
CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by
HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly
assisted under this Agreement must reside in unincorporated Collier County or in municipalities
participating in the County's Urban County Qualification Program. The project shall assist beneficiaries
as defined above for the time period designated in Exhibit "A" of this Agreement.
D. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the
target areas or any parcels therein, which would conflict in any manner or degree with the performance of
this Agreement and that no person having any conflict of interest shall be employed by or subcontracted
by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its
employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum
opportunity be provided for employment of and participation of low and moderate - income residents of the
project target area.
E. PUBLIC ENTITY CRIMES
As provided in § 287.133, Fla. Stat. by entering into this Agreement or performing any work in
furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and
consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by
the State of Florida Department of Management Services within the 36 months immediately preceding the
date hereof. This notice is required by § 287.133 (3)(a), Fla. Stat.
F. DRUG -FREE WORKPLACE REQUIREMENTS
The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with
the Drug -Free Workplace Act of 1988 (41 USC 701).
G. CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
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
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contract, the making of any Federal grant, the making of any Federlok ge Chtering 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 -ILL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all sub - awards at all tiers (including subcontracts, sub - grants,
contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS
shall certify and disclose accordingly.
H. REAL PROPERTY
Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of
CDBG including, but not limited to, the provisions on use and disposition of property. Any real property
within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in
excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505.
IX. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
The SUBRECIPIENT agrees to comply with the following requirements:
1. Clean Air Act, 41 USC 7401, et seq.
2. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002),
the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having
special flood hazards, flood insurance under the National Flood Insurance Program is obtained and
maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which
would satisfy this requirement and /or reduce the cost of said flood insurance.
C. LEAD -BASED PAINT
The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention
Act found at 24 CFR 570.608.
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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).
XIL SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty -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
constitutes the entire understanding. The parties hereby acknowledge that there have been and are no
representations, warranties, covenants, or undertakings other than those expressly set forth herein.
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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 Q(&2 day of
20�a.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:r`
FRED W. COYLE. CHAIR A
Dated: 1 '�
(SEAL)
First Witness Collier County Housing, Human and Veteran
Services
4; By:
ub eipient Sign to e
Type /print witness name "1�iAOL 12LZlyl . n e 1 2pc � �� lfN
Type /pr t Subrecipient name an title
Se Witne
Type /print witness name Approved nnanns^^to form and legal sufficiency:
U �fL /�
Colleen M. Greene
Assistant County Attorney
Item #
P.genda
Date
Dare
Recd
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EXHIBIT "A"
SCOPE OF SERVICES
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
COLLIER COUNTY SENIOR MEALS PROGRAM
A. PROJECT SCOPE:
On April 27, 2010, the BCC approved the HUD Action Plan allocating funding for this initiative.
Community Development Block Grant (CDBG) funding will be used to assist Collier County's
low income senior residents with free lunch meals at the Golden Gate Community Center located
in Naples, FL. In addition, Housing, Human and Veteran Services (HHVS) has opened a new
congregate meal site at Goodlette Arms also located in Naples, FL. Any unexpended funding from
the Golden Gate Community Center will be utilized for Goodlette Arms in the same capacity as
the Golden Gate Community Center.
Funding will be used to provide congregate nutritional meals to seniors age 60 and over at the
Golden Gate Community Center or Goodlette Arms sites. The grant will also pay for the salary of
one meal site coordinator, and program operating to include the following: rent, kitchen supplies,
marketing & outreach, meals, and travel /training for staff.
In the Action Plan for this program the intended outcome of this funding is to provide congregate
meals to approximately 45 seniors five days a week at sites in low /moderate neighborhoods. On
an annual basis, approximately 11,700 meals will be served by Housing, Human, and Veteran
Services Department staff and volunteers.
The project activities will meet the U.S. Department of Housing and Urban Development's
national objective to benefit low and moderate income persons.
B BUDGET:
Collier County Housing, Human and Veteran Services is providing Ninety -Five Thousand Dollars
($95,000.00) in CDBG funding for the project scope described above.
Line Item Description
CDBG Funds
Salaries and Benefits
$37,000.00
Site Coordinator (100 %)
Collier County Staff
Nutrition Program Operating
$58,000.00
Rent
Kitchen Supplies
Meals for eligible Seniors
Staff Travel/Training
TOTAL
!695,000.00
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Any modifications to this contract shall be in compliance with the County Purchasing Policy and
Administrative Procedures in effect at the time such modifications are authorized.
C PROJECT WORK PLAN:
The following Project Work Plan is in effect for program monitoring requirements only and as
such, is not intended to be used as a payment schedule.
Date Start Date End Work Plan
7/2010 08/2011 Prepare all internal documents
07/2010 08/2011 Begin serving clients and providing services
D PAYMENT SCHEDULE:
The following table details the project deliverables and payment schedule.
Deliverable Payment Schedule
Senior Lunch Meals Upon monthly invoicing of allowable expenses
Provided I _
2010 CDBG (CD 10-08)
HHVS— CC: Senior Meals Program Page 17 ol'27
EXHIBIT "A -1"
CHANGE BY LETTER
COLLIER COUNTY GOVERNMENT
Collier County Housing Human and Veteran Services
Public Services Division
Date
Contact Name
Name of Firm
Address
RE: Zero Dollar Contract Change Notification
Re: Contract # and Title of Contract
Project #
Purchase Order#
Dear Contact Name:
User Name
Address
NAPLES, FLORIDA Zip code
PHONE: (239) Phone #
FAX (239) Fax #
16D3
By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below:
r The above referenced contract time is hereby extended by Number of days calendar days. The new completion date shall
be on or before month and date, Year.
By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and satisfactory
manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal rights, including, but not
limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should circumstances warrant with
regard to the referenced contract.
r Additional Staffing Categories Professional Position(s) Hourly Rate(s)
r Draw against Allowance (specify allowance item and identify specific items and quantities)
r other: Scope Clarifications as indentified in Schedule B -1, "Clarifications in Scope ", (attached).
Sincerely,
Your name
Title
cc: Contract Specialist Name Contract Specialist, Purchasing Department
Suzanne Boothby, Clerk's Grants Department
2010 CDBG (CD10 -08)
HI IVS - CC Senior Meals Program Page 18 of 27
1603
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:
Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Public Liability Insurance on a comprehensive basis in an amount no less than $300,000
per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an
additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily
Injury and Property Damage.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than $300,000 per occurrence
providing for all sums which the SUBRECIPIENT and /or the design professional shall become legally
obligated to pay as damages fro claims arising out of the services performed by the SUBRECIPIENT or
any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be
maintained for a period of two (2) years after the certificate of Occupancy is issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPEENT shall provide or cause
its Subcontractors to provide original policies indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less
than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. Flood Insurance shall be provided for those properties found to be within a flood hazard
zone, in an amount not less than the full replace values of the completed structure(s) or the maximum
amount of coverage available through the National Flood Insurance Program (NFIP), whichever is
greater. The policy will show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided as
such time that he buildings' walls and roof exist.
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:
2010 CDBG (C1370 -08)
HHVs —CC Senior Meals Program Page 19 of 27
1603
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 (NF1P). The policy must show Collier County as a Loss Payee
A.T.1.M.A.
2010 CDBG (CD 10-08)
HHVS - CC Senior Meals Program Page 20 of 27
EXHIBIT "C"
ADDITIONAL CDBG GRANT REQUIREMENTS
Enter additional requirements here, IF NONE EXIST, state "There are no additional grant
requirements."
2010 CDBG (CD10 -08)
IIHVS — CC Senior Meals Program Page 21 of 2%
EXHIBIT "D° 1603
REQUIRED SUBMITTALS
D -1 Request for Payment
D -la Release and Affidavit Form
D -2 CDBG Monthly Progress Report
2010 CDBG (CD I0 -08)
HHVS - CC Senior Meals Program Page 22 of 27
2.
3.
4.
5.
SCHEDULE "D -1"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I• REQUEST FOR PAYMENT
Subrecipient Name: Collier County Housing Human and Veteran Services
Subrecipient Address: 3301E Tamiami Trail Bldg _H Suite 211 Naples FL 34112
Project Name: Collier County Senior Meals Program
Project No: CD10 -08 Payment Request #
Dollar Amount Requested:
SECTION II: STATUS OF FUNDS
Grant Amount Awarded
16D3
$ 95,000
Sum of Past Claims Paid on this Account
Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
Amount of Previous Unpaid Requests
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
Dept Director
Date
(approval authority under $14,999)
(approval required $15,000 and above)
2010 CDnG (CD10 -08)
HHV S —CC Senior Meals Program Page 23 of 27
SCHEDULE "D -la" 11603
RELEASE AND AFFIDAVIT FORM
The SUBRECIPIENT certifies for itself and its subcontractors, material -men, successors and
assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which
COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have
been satisfied and paid.
This Release and Affidavit is given in connection with the SUBRF,CIPIENT's (monthly /final)
Request for Payment.
SUBRECIPIENT
Witness:
BY
Print name and title
STATE OF
COUNTY OF
ITS: President
DATE:
The foregoing instrument was acknowledged before me this _ day of 2009,
by as of
A Choose Not - For - Profit, or Corporation or Municipality on behalf of
Choose Not - For - Profit, Corporation or Municipality . He /She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
2010 CDBG (CD10 -08)
HHVS -- CC Senior Meals Program
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Page 24 of 27
Commission No.:
SCHEDULE "D -2" 1603
CDBG MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing, Human and Veteran Service's staff by
the 10`" of the following month.
Status Report for Month of
Submittal Date:
Project Name Collier County Senior Meals Program
Project Number CD10 -08 Activity Number
Subrecipient: Collier County Housing Human and Veteran Services
Contact Person Marcy Krumbine Director HHVS
Telephone: 239 - 252 -2273 Fax: 239 - 252 -2638
E -mail: MarcyKrumbine Colliergov 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):
Name of Contractor or
Amount of
Contractor
Race
Ethnicity
Subcontractor, Address & Phone
Contract
Federal ID
(see definitions
(see definitions
2010 CDRC (CD10 -08)
HHVS —CC Senior Meals Program Page 25 of 27
Number Number on following on following
page) page)
For projects that serve a particular clientele, please complete the following information by
entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for
NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may
provide data by either households or persons served. However, if one person received TWO services this
counts as TWO SERVICE UNITS:
TOTAL BENEFICIARIES
This project benefits households or persons. Please circle one category (either "households"
or "persons "). Enter the number of beneficiaries in the blank space and in Box 1.
INCOME
Of the households or persons assisted, are extremely low- income income (0 -30 %) of the
current Median Family Income (MFI). Enter this number in Box "2. "
Of the households or persons assisted, are very low- income (31 -50 %) of the current Median
Family Income (MFI). Enter this number in Box "3. "
Of these households or persons assisted, are low - income (51 -80 %) of the current Median
Family Income (MFI). Enter this number in Box "4. "
NOTE. The total of Boxes 2,3 and 4 should equal the number in Box].
FEMALE HEAD OF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income. Enter this
num"e/
_
BOX 1
BOX 2
BOX 3
4
BOX 5
Total Number of
Extremely
Very
come
F(51-80%)
Female Head of
Households or
Low Income
Low Income
Household
Persons Assisted
(0 -30 %)
(31 -50 %)
2010 CDBG (CD10 -08)
IIHVS - CC Senior Meals Program Page 26 of 27
1 j
Subreciaient'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
# His anic
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:
2010 CnnG (CD 10-08)
1 JHVS - CC Senior Meals Program Page 27 of 27
16031
MEMORANDUM
Date: November 17, 2010
To: Rosa Munoz, Grants Mgmt. Coordinator
Housing, Human & Veteran Services
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Subrecipient Agreement w /the Shelter for Abused
Women & Children for Legal Services Expansion; Project
funding previously approved in HUD's 2010 -11 Action Plan
(HUD Grant # B- 10 -UC -12 -0016)
Attached please find an original copy of the agreement referenced above,
(Item #16D3) approved by the Board of County Commissioners October 26, 2010.
The Minutes & Records Department will hold the second original agreement in the
Official Records of the Board.
If you have any questions, please feel free to contact me at 252 -8406.
Thank you.
Attachment
16D3 F
AGREEMENT BETWEEN COLLIER COUNTY
AND
SHELTER FOR ABUSED WOMEN & CHILDREN, INC.
LEGAL SERVICES - EXPANSION
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # B- 10 -UC -12 -0016
THIS AGREEMENT is made and entered into by and between Collier County, a political
subdivision of the State of Florida, ( "COUNTY "), and "Shelter for Abused Women & Children, Inc.
existing under the laws of the State of Florida, having its principal office at P.O. Box 10102 Naples, FL
34101, and its Federal Tax Identification number as 59- 2752895 & DUNS #836680769,
( "SUBRECIPIENT ").
WHEREAS, the COUNTY has entered into an agreement with the United States Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of Collier County, pursuant to Title 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 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.
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2010 CDBG CD I0 -10
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16D3
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is
agreed by the Parties as follows:
I. DEFINITIONS
(A) "COUNTY" means Collier County, and where applicable, it's authorized representative(s).
(B) "CDBG" means the Community Development Block Grant Program.
(C) "HHVS" means Housing, Human & Veteran Services.
(D) "HHVS's Approval" means the written approval of the Department of Housing and
Human Services or designee.
(E) " SUBRECIPIENT" means Shelter for Abused Women & Children, Inc.
(F) "HUD" means the U.S. Department of Housing and Urban Development or a person
authorized to act on its behalf.
(G) "Low and moderate income persons" means the definition set by HUD.
(11) "Project" means the work to be performed as set forth in Exhibit "A."
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
The effective date of the Agreement between HUD and Collier County shall be July 1, 2010. The
services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this
Agreement. Subrecipients are authorized to incur eligible expenses after that date and prior to execution
of this Agreement subject to HHVS prior written approval. In any event, all services required hereunder
shall be completed by the SUBRECIPIENT prior to August 31, 2011. Any funds not obligated by the
expiration date of this Agreement shall automatically revert to the COUNTY.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRFCIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable
costs, determined by COUNTY, in an amount not to exceed One Hundred Eighteen Thousand Six
Hundred Dollars and 00 /100 ($118,600.00) 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. Star, otherwise known as the "Local Government Prompt
Shelter for Abused Women & Children, Inc.
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Payment Act." No payment will be made until approved by IIHVS.
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
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.
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16D3
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.
24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended.
Age Discrimination Act of 1975.
9. Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
10. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5).
11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended.
12. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and
the use of apprentices and trainees on federally assisted projects as mandated by the Davis -
Bacon Act. HUD Form 4010 must be included in all construction contracts funded by
CDBG. (See 42 USC 276a and 24 CFR 135.1 l(c)).
13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
14. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular
Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in
Community Development Block Grant Contracts.
15. Public Law 100 -430 - the Fair Housing Amendments Act of 1988.
16. OMB Circular A -133 - concerning annual audits.
17. OMB Circular A -122 - which identifies cost principles.
18. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non - Profit Organizations.
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
Shelter for Abused Women & Children, Inc.
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1603
referenced herein shall constitute a breach of this agreement, and the County shall have the
discretion to unilaterally terminate this agreement immediately.
21. Chapter 112, Florida Statutes.
22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to
any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier
County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure
5311.
23. Order of Precedence - In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the Agreement shall take precedence over the terms
of all other Contract Documents, except the terms of any Supplemental Conditions shall
take precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or
the Agreement, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
24. Venue - Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of SUBRECIPIENT with full decision - making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached
during negotiations to COUNTY for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall
be attended by representatives of SUBRECIPIENT with full decision - making authority
and by COUNTY'S staff person who would make the presentation of any settlement
reached at mediation to COUNTY'S board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under § 44.102, Fla. Slat.
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 HIIVS 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."
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I.IJ
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 HIM 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.
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
HIIVS 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
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2010 CDBG CD10 -10
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16D3
liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract
by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set-
off purposes until such time as the exact amount of damages due to the COUNTY from the
SUBRECIPIENT is determined.
1. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner its obligations
under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of
this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part
by giving written notice of such termination to the other party and specifying therein the effective date of
termination. (See 24 CFR 85.43.)
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any reason,
terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination,
the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through
and including the date of termination. (See 24 CFR 85.44.)
3. TERMINATION DUE, TO CESSATION
In the event the grant to the COUNTY under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated
effective on the date that HUD specifies.
I. INSURANCE
SUBRECIPIENT shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit
"B" to this Agreement.
J. SUBRECIPIENT LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit B shall not relieve the SUBRECIPIENT of
its liability and obligation under this subsection or under 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.
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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 REQUIRFMENTS
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.
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 SUBRF,CIPIF.NT 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 IIHVS if requested. In any event the SUBRECIPIENT shall keep all
documents and records for three (3) years after expiration of this Agreement.
3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the
preparation of HUD Labor Relations, WBE /MBE, Equal Opportunity Employment, and
HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi).
4. The SUBRECIPIENT shall submit detailed monthly progress reports to HHVS outlining
the status of specific activities under the project. Each report must account for the total
activity for which the SUBRECIPIENT is paid with CDBG funds, in part or in whole, and
which is required in fulfillment of their obligations regarding the Project. The progress
reports shall be submitted on the form Exhibit "D," Schedule "D -2."
The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon
Law, including files containing contractor payrolls, employee interviews, Davis -Bacon
wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law.
Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal
purchasing requirements and with other federal requirements for grant implementation.
6. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation
plan for determining the appropriate SUBRECIPIENT'S share of administrative costs and
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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 SUBRECTPIENT 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 SERVICES COUNTY AND HUD
REQUIREMENTS
The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather
than supplant finds 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.
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F. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the procedures prescribed by the Federal
Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85.
G. AUDITS AND INSPECTIONS
Non -profit organizations that expend $500,000 or more annually in federal awards
shall have a single or program- specific audit conducted for that year in accordance
with OMB A -133. Non - profit organizations expending federal awards of $500,000
or more under only one federal program may elect to have a program - specific audit
performed in accordance with OMB A -133.
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 141IVS 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.
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.
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H. PROGRAM - GENERATED INCOME
All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds
provided hereunder must be reported to HHVS. Such income would include, but not be limited to,
income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall
report its plan to utilize such income to HHVS, and said plan shall require the prior written approval of
HHVS or its designee. Accounting and disbursement of such income shall comply with OMB Circular A-
110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations
incorporated herein by reference.
Program Income, as defined by 24 CFR 570.500(a), may be retained by the COUNTY. Program
Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all
provisions of this Agreement shall apply to stated activities. Any Program Income received by the
SUBRECIPIENT or its sub - contractors shall be returned to the COUNTY unless the SUBRECIPIENT
requests and is authorized by HHVS to utilize uncommitted funds.
1. GRANT CLOSEOUT PROCEDURES
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.
VI1I. OTHER PROGRAM REQUIREMENTS
A. OPPOR'T'UNITIES 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
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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 SUBRECIPIF.NT 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. Slat. by entering into this Agreement or performing any work in
furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and
consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by
the State of Florida Department of Management Services within the 36 months immediately preceding the
date hereof. This notice is required by § 287.133 (3)(a), Fla. Stat.
DRUG -FREE WORKPLACE REQUIREMENTS
The SUBRECIPIFNT 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,
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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 SUBRECIPIFNT agrees to comply with the following requirements:
1. Clean Air Act, 41 USC 7401, et seq.
2. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002),
the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having
special flood hazards, flood insurance under the National Flood Insurance Program is obtained and
maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FF,MA, 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 CPR 570.608.
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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 CPR 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 SUBRECIPIFNT control will be covered by the regulations 24 CFR 570.503(B)(8).
X11. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty -seven (27) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an
original, and such counterparts will constitute one and the same instrument.
XIV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties and
constitutes the entire understanding. The parties hereby acknowledge that there have been and are no
representations, warranties, covenants, or undertakings other than those expressly set forth herein.
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IN WITNESS WHERF,OF, the Subrecipient and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on this �`� day of
0 _ , 20-0.
ATTEST:
DWIGHT E. BROCK, CLERK
Dated:
(SEAL)
First Witness
JJ---
Type/print witness nathe
Second Witness
witness name
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BOARD OF COUNTY COMMISSIONERS OF
COLLIER GOU TY, FLORIDA
I
By: r r
FRED W. COYLE, CHAIRMAN!
Shelter for Abused Women & Children Inc.
6Y:
Subrecipient Signature
Linda Oberhaus, Executive Director
Type /print Subrecipient name and title
Approved as to form and legal sufficiency:
C ak&AD31
Colleen M. Greene
Assistant County Attorney
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Item # U20a
Agenda ;� r�(
Date
Data
Recd }
16D3
EXHIBIT "A"
SCOPE OF SERVICES
SHELTER FOR ABUSED WOMEN & CHILDREN LEGAL SERVICES
A.PROJECT SCOPE
On April 27th, 2010, the Board of County Commissioners approved the HUD Action Plan allocating
funding for this initiative. This project is a joint project between the Shelter for Abused Women &
Children, Inc. (SAWCC) and Housing, Human and Veteran Services.
In the Action Plan for this program the intended outcome of this funding is to provide legal service of
which will include immigration services to a minimum of 175 low income participants.
The funding will cover costs associated with staffing for the program which will include contracted
attorneys, salaries and benefits for an Immigration Advocate at 100 %, and Legal Support Specialist at
25 %, as well as staff training, filing fees and other out -of pocket costs for legal actions.
The project activities will meet the IJ.S. Department of Housing and Urban Development's national
objective to benefit low and moderate persons.
B. BUDGET
Collier County Housing, Human and Veteran Services is providing One Hundred Eighteen Thousand Six
Hundred Dollars and 00 /100 ($118,600.00) in CDBG funding for the project scope described above.
Line Item Description CDBG Funds
Filing Fees/Legal Actions $ 2,200.00
Training $ 2,400.00
Salaries /Benefits $54,000.00
Attorney Fees $ 60,000.00
TOTAL $118,600.00
Any modifications to this contract shall be in compliance with the County Purchasing Policy and
Administrative Procedures in effect at the time such modifications are authorized.
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C. PROJECT WORK PLAN
The following Project Work Plan is in effect for program monitoring requirements only and, as such, is
not intended to be used as a payment schedule.
Date
Date
Work Plan
Start
End
07/2010
08/2011
Training for Shelter Advocate and Legal Support
07/2010
N[NO I H
Demonstrate that a minimum of 100 participants were provided
counseling Services
Legal Services
07/2011
-08/2011
Complete final services
D. PAYMENT SCHEDULE
The following table details the project deliverables and payment schedule.
Deliverable
Pa ment Schedule
Incurred filing fees /attorney
Monthly invoices
actions
Participate in training
Submission of proof of attendance and
associated expenses
Provide Legal and immigration
Monthly invoices and payroll records
counseling Services
175 participants serviced
Final 10% ($11,800) released upon documentation
that 175 participants have been served
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EXHIBIT "A -1"
CHANGE BY LETTER
"A COLLIER COUNTY GOVERNMENT
Housing, 1luman & Veteran Services
Public Services Division
Date
Contact Name
Name of Firm
Address
RE: Zero Dollar Contract Change Notification
Re: Contract # and Title of Contract
Project #
Purchase Order #
Dear Contact Name:
User Name
Address
NAPLES, FLORIDA Zip code
PHONE: (239) Phone #
FAX (239) Fax #
1bD3
By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below:
F The above referenced contract time is hereby extended by Number of days calendar days. The new completion date shall
be on or before month and date, Year.
By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and satisfactory
manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal rights, including, but not
limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should circumstances warrant with
regard to the referenced contract.
r
Additional Staffing Categories Professional Position(s) l lourly Rate(s)
r Draw against Allowance (specify allowance item and identify specific items and quantities)
r Other: Scope Clarifications as indentified in Schedule B -1, "Clarifications in Scope ", (attached).
Sincerely,
Your name
Title
cc: Contract Specialist Name Contract Specialist, Purchasing Department
Suzanne Boothby, Clerk's Grants Department
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EXHIBIT "B"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o fIousing, Human & Veteran Services,
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:
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 I — 4 above, the SUBRECIPEINT shall provide or cause
its Subcontractors to provide original policies indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less
than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the 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 strueture(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.
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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.I.M.A.
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EXHIBIT "C°
ADDITIONAL CDBG GRANT REQUIREMENTS
THERE ARE NO ADDITIONAL GRANT REQUIREMENTS
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EXHIBIT "D"
REQUIRED SUBMITTALS
D -1 Request for Payment
D -la Release and Affidavit Form
D -2 CDBG Monthly Progress Report
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SCHEDULE, °`D -P' 16D3
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Shelter for Abused Women & Children, Inc.
Subrecipient Address: P.O. Box 10102 Naples, FL 34101
Project Name: Legal Services- Expansion
Project No: CD 10 -10 Payment Request #
Dollar Amount Requested:
SECTION II: STATUS OF FUNDS
Grant Amount Awarded
$ 118,600.00
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 SUBRECIPIENf. 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
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Date
(approval authority under $14,999)
(approval required $15,000 and above)
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SCHEDULE "D -Ia"
RELEASE, AND AFFIDAVIT FORM
The SUBRECIPIENC certifies for itself and its subcontractors, material -men, successors and
assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which
COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have
been satisfied and paid.
This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final)
Request for Payment.
SUBRECIPIENT
Witness:
BY
Print name and title
STATE OF
COUNTY OF
"A
ITS: President
DATE:
The foregoing instrument was acknowledged before me this day of 12010,
by , as of
A Choose Not- For - Profit, or Corporation or Municipality on behalf of
Choose Not - For - Profit, Corporation or Municipality . IIe /She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
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(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
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16D 3
SCHEDULE "D -2"
CDBG MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing & Human Service's staff by the I ffh of the
following month.
Status Report for Month of Submittal Date:
Project Name Legal Services - Expansion
Project Number CD10 -10 Activity Number
Subrecipient: Shelter for Abused Women & Children
Contact Person Marci Sanders
Telephone: 239 - 775 -3862 Fax: Enter Fax Number (area code)xxx -xxxx
E -mail: msanders(a),naplesshelter.org
1. Activity Status /Milestones (describe any action taken, relating to this project, during the
past month):
2. What events /actions are scheduled for the next two months?
3. describe any affirmative marketing you have implemented regarding this project.
Please list and attach any recent media coverage of your organization relating to this project.
4. List any additional data relevant to the outcome measures listed on the application
for this project.
5. Identify any potential issues that may cause delay.
New contracts executed this month (if applicable):
Shelter for Abused Women & Children, Inc.
2010 CDBG CDIO -10
Legal Services- Expansion
Page 25 of 27
16D3
Name of Contractor or
Subcontractor, Address & Phone
Number
Amount of
Contract
Contractor
Federal ID
Number
Race
(see definitions
on following
page)
Ethnicity
(see definitions
on following
page)
Total Number of
Extremely
Very
Low Income
Female Head of
Households or
Low Income
Low Income
(51 -80 %)
Household
For projects that serve a particular clientele, please complete the following information by
entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for
NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may
provide data by either households or persons served. However, if one person received TWO services this
counts as TWO SERVICE UNITS:
TOTAL BENEFICIARIES
This project benefits households or persons. Please circle one category (either "households"
or "persons "). Enter the number of beneficiaries in the blank space and in Box "1. "
INCOME
Of the households or persons assisted, are extremely low- income income (0 -30 %) of the
current Median Family Income (MFI). Enter this number in Box "2. "
Of the households or persons assisted, are very low- income (31 -50 %) of the current Median
Family Income (MFI). Enter this number in Box "3. "
Of these households or persons assisted, are low- income (51 -80 %) of the current Median
Family Income (MFI). Enter this number in Box "4. "
NOTE. The total of Boxes 2, 3 and 4 should equal the number in Box 1.
FEMALE. HEAD OF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income. Enter this
number in box "S" below.
BOX 1
BOX 2
BOX 3
BOX 4
BOX 5
Total Number of
Extremely
Very
Low Income
Female Head of
Households or
Low Income
Low Income
(51 -80 %)
Household
Persons Assisted
(0 -30 %)
(31 -50 %)
Shelter for Abused Women & Children, Inc.
2010 CDBG CDIO -10
Legal Services - Expansion
Page 26 of 27
16D3
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
IIawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race.
Tabulation Table of Race and Ethnicity Beneficiaries
Race
# Total
# Hispanic
White
Black or African American
Asian
_
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian /Alaska Native and White
Asian and White
Black/African American and White
American Indian /Alaskan Native and Black /African American
_
Other M ulti- Racial
TOTAL:
Shelter for Abused Women & Children, Inc.
2010 CDBG CDI0 -10
Legal Services - Expansion
Page 27 of 27
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MEMORANDUM
Date: November 17, 2010
To: Rosa Munoz, Grants Mgmt. Coordinator
Housing, Human & Veteran Services
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Subrecipient Agreement w/Habitat for Humanity of
Collier County for a Home Rehabilitation Project;
Funding previously approved in HUD's 2010 -11 Action Plan
(HUD Grant # M- 10 -UC -I2 -0017)
Attached please find an original copy of the agreement referenced above,
(Item #16D3) approved by the Board of County Commissioners October 26, 2010.
The Minutes & Records Department will hold the second original agreement in the
Official Records of the Board.
If you have any questions, please feel free to contact me at 252 -8406.
Thank you.
Attachment
16031
AGREEMENT BETWEEN COLLIER COUNTY
AND
HABITAT FOR HUMANITY OF COLLIER COUNTY
REHABILITATION PROJECT
Catalog of Federal Domestic Assistance # 14.239
HUD Grant # M- 10 -UC -12 -0017
THIS AGREEMENT is made and entered into by and between Collier County, a political
subdivision of the State of Florida, hereinafter referred to as "COUNTY ", and "Habitat for Humanity
of Collier County, Inc.," a private not - for - profit corporation existing under the laws of the State of
Florida, having its principal office at 11145 Tamiami Trail East, Naples, Florida 34113, and its Federal
Tax Identification number as 59- 1834379 & DUNS # 0806676690, ( "DEVELOPER/SPONSOR ").
WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME)
Program funds from the United States Department of Housing and Urban Development (HUD) as
provided by the Cranston - Gonzalez National Affordable Housing Act, as amended; 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 HOME
Program for April 27, 2010 - Agenda Item 16D15; and
WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for
Federal Fiscal Year 2010 -2011 for the HOME Program and the use of the HOME funds for the
activities identified in the Plan; and
WHEREAS, the COUNTY and the DEVELOPEWSPONSOR desire to provide the activities
specified in this Agreement, in accord with the approved One -Year Action Plan; and
WHEREAS, the COUNTY desires to engage the DEVELOPER/SPONSOR to implement such
undertakings of the HOME Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree as follows:
L DEFINITIONS
(A) "COUNTY" means Collier County, and where applicable, it's authorized
representative(s).
(B) "HOME" is the HOME Investment Partnerships Program as described in 24 CFR Part
92, under the authority of 42 USC 3535(d) and 12701 - 12839.
(C) "HHVS" means the Housing, Human and Veteran Services Department of Collier
County.
(D) "DEVELOPER/SPONSOR" means Habitat For Humanity Of Collier County. Inc.
(E) "HHVS APPROVAL" means the written approval of the Housing, Human and Veteran
Services Department or designee.
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(F) "HUD" means the Secretary of 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) "AGENCY" means HHVS, the HOME administering Agency of Collier County. For
the purpose of this Agreement and all administration of HOME funds, the AGENCY
shall act on behalf of the COUNTY in the execution and fiscal and programmatic
control of this agreement.
(J) "FEE" is the amount of money the COUNTY agrees to pay and the
DEVELOPER/SPONSOR agrees to accept as payment in full for all the professional
and technical services rendered pursuant to this Agreement to complete the WORK as
further defined in Section III, Scope of Work.
(K) "WORK" - is all the professional and technical services to be rendered or provided by
the DEVELOPER /SPONSOR as described here.
II. SCOPE OF SERVICES
The DEVELOPER/SPONSOR shall, in a satisfactory and proper manner, as determined by HHVS,
perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each
request for reimbursement using Exhibit `13" along with the monthly submission of Exhibit "E," all of
which are attached hereto and made a part hereof.
III. TIME OF PERFORMANCE
The effective date of this Agreement between HUD and Collier County shall be July 1, 2010.
Subrecipients are authorized to incur eligible expenses after that date and prior to execution of this
Agreement subject to HHVS approval. The services of the DEVELOPER/SPONSOR shall be
undertaken and completed in light of the purposes of this Agreement. In any event, all services
required hereunder shall be completed by the DEVELOPER /SPONSOR prior to August 31, 2011. Any
funds not obligated by the expiration date of this Agreement shall automatically revert to the
COUNTY, as set forth in Section XI below.
IV. CONSIDERATION AND LIMITATION OF COSTS
The DEVELOPER/SPONSOR shall be reimbursed by the COUNTY using federal funds for allowable
costs, determined by COUNTY, in an amount not to exceed ONE HUNDRED THIRTY TWO
THOUSAND, NINE HUNDRED SEVEN DOLLARS AND EIGHTY CENTS (U. S. $132,907.80) for
the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by DEVELOPER /SPONSOR
employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY
and federal requirements. The DEVELOPER /SPONSOR shall enter into contract for improvements
with the lowest responsive and qualified bidder. Contract administration shall be handled by the
DEVELOPER/SPONSOR and monitored by the COUNTY, which shall have access to all records and
documents related to the project.
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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 DEVELOPER /SPONSOR when delivered to its office at the address listed on page one of this
Agreement.
VI. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT
The DEVELOPEWSPONSOR 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
DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction.
C. LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations and
orders of the State, local and Federal governments, including, but not limited to:
1. 24 CFR Part 92.206, HOME Investment Partnership Program - The regulations
governing the disbursement of HOME 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 ("F,qual Employment Opportunity "), as amended by Executive
Orders 11375 and 12086 - which establishes hiring goals for minorities and women on
projects assisted with federal funds.
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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.
16. OMB Circular A -133 - concerning annual audits.
17. OMB Circular A -122 - which identities 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 DEVELOPER/SPONSOR 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.
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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 Stalutes,
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 DEVELOPER /SPONSOR 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 DEVELOPEWSPONSOR 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.
D. SUBCONTRACTS
Any work or services subcontracted by the DEVELOPER/SPONSOR 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
DEVELOPER/SPONSOR of any subcontract hereunder, such subcontracts must be submitted by the
DEVELOPER /SPONSOR to HHVS for its review and approval, which will specifically include a
determination of compliance with the terms of the attached Work Program set forth in Exhibit "A."
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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 DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR or reimbursed by the COUNTY without prior
written approval of the IIfIVS 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 DEVELOPER /SPONSOR 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
DEVELOPER/SPONSOR or anyone employed or utilized by the DEVF,LOPER/SPONSOR 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 DEVELOPER/SPONSOR will include a reference to the financial support herein
provided by HHVS in all publications and publicity. In addition, the DEVELOPER/SPONSOR will
make a good faith effort to recognize HHVS' support for all activities made possible with funds made
available under this Agreement. The DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR with funds under this Agreement shall
be returned to HHVS or the COUNTY. In the event of termination, the DEVELOPER/SPONSOR
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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 DEVELOPER /SPONSOR, and the COUNTY may withhold any
payment to the DEVELOPER /SPONSOR for set -off purposes until such time as the exact amount of
damages due to the COUNTY from the DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR 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
DEVELOPER/SPONSOR 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 "D" to this Agreement.
J. DEVELOPER LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit "D" shall not relieve the
DEVELOPER /SPONSOR 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. It' the Insurance certificate is
received within the specified period, but not in the manner prescribed in these requirements, the
DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR shall be in default of the terms and
conditions of the contract.
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K. INDEPENDENT AGENT AND EMPLOYEE'S
The DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR shall maintain all records required by the HOME
Federal Regulations for a period of six years (6) years after expiration of this
Agreement.
2. All reports, plans, surveys, information, documents, maps, and other data
procedures developed, prepared, assembled, or completed by the
DEVELOPER/SPONSOR for the purpose of this Agreement shall be made
available to the COUNTY by the DEVELOPER/SPONSOR at any time upon
request by 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.
3. The DEVELOPER /SPONSOR 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. DEVELOPER/SPONSOR shall submit monthly beneficiary reports to HHVS
using Exhibit "E ".
5. The DEVELOPER/SPONSOR 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.
DEVELOPER/SPONSOR shall maintain records showing contractor
compliance with the Contract Work Hours and Work Safety Law. Similarly, the
DEVELOPER/SPONSOR shall maintain records showing compliance with
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federal purchasing requirements and with other federal requirements for grant
implementation.
6. Indirect Costs: If indirect costs are charged, the DEVELOPER/SPONSOR will
develop an indirect cost allocation plan for determining the appropriate
Developer'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 HOME funded project may
result in the delay of processing reimbursement requests for ongoing
activities or in the forfeiture of future HOME funds.
8. The DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR further agree that HHVS shall be the final
arbiter on the DEVELOPER/SPONSOR'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.
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 - SUMMARY
(l) All subcontracts and agreements proposed to be entered into by the
DEVELOPER /SPONSOR 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 §
112.06 1, Fla. Stat., unless otherwise required by HOME);
(4) All change orders; and
(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 HOME funds, whether for merit or
cost of living.
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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, which are incorporated herein by
reference.
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 IIHVS 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
DEVELOPER/SPONSOR 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 DEVELOPER /SPONSOR. A copy of the audit report must be
received by HHVS no later than six months following the end of the
DEVELOPER/SPONSOR's fiscal year.
4. If an audit is required by Section G of this contract, but the requirements of
OMB AA 33 do not apply or are not elected, the DEVELOPER /SPONSOR may choose
to have an audit performed either on the basis of the DF,VELOPER/SPONSOR'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 DEVELOPER/SPONSOR 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.
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6. The DEVELOPER /SPONSOR shall include in all HHVS approved subcontracts
used to engage subcontractors to carry out any eligible substantive programmatic
services, as such services are described in this contract and defined by HHVS, each of
the record - keeping and audit requirements detailed in this contract. HHVS shall, in its
sole discretion, determine when services are eligible substantive programmatic services
and subject to the audit and recordkeeping requirements described above.
H. PROGRAM- GENERATED INCOME,
All income earned by the DEVELOPER/SPONSOR 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
DEVELOPER/SPONSOR shall report its plan to utilize such income to HHVS, and said plan shall
require the prior written approval of the HHVS Department or 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 92.503 for HOME funds, may be retained by the Agency.
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 DEVELOPER /SPONSOR or its sub - contractors shall be returned to the COUNTY unless the
DEVELOPER/SPONSOR requests and is authorized to utilize uncommitted funds.
GRANT CLOSEOUT PROCEDURES
DEVELOPER/SPONSOR'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 DEVELOPER/SPONSOR 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 DEVELOPER /SPONSOR shall comply with the Section 3 of the
Housing and Community Development Act of 1968.
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B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services, the DEVELOPER /SPONSOR
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 HOME 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 very low, low- 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 funded under this Agreement shall
assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement.
The DEVELOPER/SPONSOR shall provide written verification of compliance to HHVS upon HHVS'
request.
D. CONFLICT OF INTEREST
The DEVELOPER /SPONSOR 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 DEVELOPER/SPONSOR. Any possible conflict of interest on the part of the
DEVELOPER/SPONSOR or its employees shall be disclosed in writing to HHVS. (See 24 CFR
92.356).
E. PUBLIC ENTITY CRIMES
As provided in Section 287.133, Fla. %t., by entering into this Agreement or performing any work in
furtherance hereof, the DEVELOPER/SPONSOR 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 Section 287.133(3) (a), Fla.
Stat.
F. DRUG -FREE WORKPLACE; REQUIREMENTS
The DEVELOPER/SPONSOR must certify that it will provide drug -free workplaces in accordance
with the Drug -Free Workplace Act of 1988 (41 USC 701).
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G. CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form -LLL,
"Disclosure Form to Report Lobbying ", in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all sub - awards at all tiers (including subcontracts, subgrants,
contracts under grants, loans, and cooperative agreements) and that all
DEVELOPER /SPONSOR'S shall certify and disclose accordingly.
H. REAL PROPERTY
Any real property acquired by the DEVELOPER/SPONSOR 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 part 24, shall be subject to
the provisions of the CDBG /HOME Regulations including, but not limited to, the provisions on use
and disposition of property. Any real property within the DEVELOPER/SPONSOR's control, which
is acquired or improved in whole or part with CDBG /HOME funds in excess of $25,000, must adhere
to the CDBG /140ME Regulations at 24 CFR 570.505.
IX. ENVIRONMENTAL CONDITIONS
The DEVELOPER/SPONSOR agrees to comply with the following requirements:
A. AIR AND WATER
1. Clean Air Act, 41 USC 7401, et seq.
2. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
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�r
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4002), the DEVEI.OPER/SPONSOR 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 DEVELOPER/SPONSOR 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 in 24 CFR 92.355.
D. HISTORIC PRESERVATION
The DEVELOPER /SPONSOR 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
HOME funds may not be used for religious activities or provided to primarily religious organizations.
24 CFR 92.257 specifies the limitations on HOME funds for faith based activities.
XI. REVERSION OF ASSETS
Upon expiration of the Agreement, the DEVELOPER/SPONSOR shall transfer to the COUNTY any
HOME funds on hand at the time of expiration and any accounts receivable attributable to the use of
HOME funds. 24 CFR 92.504(2)(vii).
XIL SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be
affected thereby if such remainder would then continue to conform to the terms and requirements of
applicable law.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty -five (25) 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.
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XIV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and
constitutes the entire understanding. The parties hereby acknowledge that there have been and are no
representations, warranties, covenants, or undertakings other than those expressly set forth herein.
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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 _ a �_ day of
C2c 1rLe✓ , 20L.
ATTEST: _
DWIGHT E. B$; CLERK
%
Dated
First Witness
ulzi/
Nlc"/ m1,i f L"n'—
Type /pii nt witness name
Second Witness
pp �
l\
161M (A tl) ra— Tt4i'u
Type /print witness name
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16D3
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COi.1;ITY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Habitat For Humanity Of Collier County, Inc.
By:
ubre�c' nt Signature
Sam Durso, M.D. President
Type /print Subrecipient name and title
Approved as to form and legal sufficiency:
Cdkax--m'
Colleen M. Greene
Assistant County Attorney
Pave 16 of 25
Item #
Agenda II ,71 i
Dale � cup
Date
Recd
i
epu (;Ttr
EXHIBIT "A"
SCOPE OF SERVICES
HABITAT FOR HUMANITY OF COLLIER COUNTY
REHABILITATION
A. PROJECT SCOPE:
1bD3
On April 27, 2010, the BCC approved the HUD Action Plan allocating funding for this
initiative. Home Investment Partnerships Program (HOME) funding will be used to
rehabilitate a minimum of four (4) foreclosed properties within Collier County, with no cap on
the maximum number of houses, as funding allows.
In the Action Plan for this program the intended outcome of this funding is for the
rehabilitation of four (4) foreclosed homes. To clarify the use of the words "home ", "house"
"properties" or "units" are all intended to represent a "unit ".
Any unexpended funds that may be available after four (4) homes have been rehabilitated, may
be used toward rehabilitation of additional homes not to exceed $30,000 per any one unit.
Rehabilitation activities /items may include but not be limited to, repair and /or replacement of
the following: roofs, floors, ceiling, walls, structural items, doors, windows, HVAC, electrical,
plumbing systems, fixtures, appliances, landscaping, irrigation systems, painting, driveways,
pest control, termite treatments and other related items.
All housing rehabilitation will be performed by Habitat staff, volunteers, and future
homeowners working sweat equity hours.
The project activities will meet the U.S. Department of Housing and Urban Development's
national objective to increase the availability of affordable owner housing and improve access
to affordable owner occupied housing.
B. BUDGET:
Collier County Housing, Human and Veteran Services is providing One Hundred Thirty Two
Thousand, and Nine Hundred Seven Dollars ($132,907.00) in HOME funding for the project
scope described above. The 25% matching funds requirements are being met by Habitat for
Humanity in the amount of $33,227.00 which must be shown in writing as invoices are
presented (i.e. 25% of every invoice is adjusted for the 25% until the $33,227.00 is met.
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C.
L7
Line Item Description
Rehabilitation activities
Total HOME Funding
HOME Funds
$ 132,907.00
$ 132,907.00
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Matching Funds
$ 33,227.00
Total Match $33,227.00
Funding
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.
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
7/2010
02/2011
Begin Rehabilitation
03/2011
08/2011
Completion of all rehabilitation of minimum of four
units
PAYMENT SCHEDULE:
The following table details the project deliverables and payment schedule.
Deliverable_
Payment Schedule
Rehabilitation of a
Upon monthly invoicing of allowable expenses
minimum of four (4)
for each rehabbed home up to 75% of the allowable
foreclosed homes
expenses
Rehabilitation of additional
Upon monthly invoicing of allowable expenses for
foreclosed homes
each rehabbed house not to exceed $30,000/home
and up to 75% of the allowable expenses
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End of Exhibit "A"
Page 18 of 25
EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
DEVELOPER/SPONSOR Name: Habitat for Humanity Inc.
DEVELOPER/SPONSOR Address: 11 145 1'amiami'frail East, Naples, FL 34113
Project Name: Rehabilitation Project
Project No: HMIO -02 Payment Request #_
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
1603
$ 132.907
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) $
1 certify that this request for reimbursement has been drawn in accordance with the terms and conditions of the
Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for
Reimbursement is not in excess of current needs.
Signature Date
Title
Authorizing Grant Coordinator
Supervisor (approval authority under $14,999)
Dept Director (approval required $15,000 and above)
End of Exhibit B
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0
J
EXHIBIT "C'
ADDITIONAL HOME GRANT REQUIREMENTS
No additional HOME requirements for this agreement
End of Exhibit C
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EXHIBIT "D"
INSURANCE REQUIREMENTS
The DEVELOPER/SPONSOR shall furnish to Collier County, c/o Housing and Human
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:
(a.) Workers' Compensation as required by Chapter 440, Florida Statutes.
(b.) 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.
(c) 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:
(d.) Professional Liability Insurance in the name of the DEVELOPER/SPONSOR or the
licensed design professional employed by the DEVELOPER/SPONSOR in an
amount not less than $300,000 per occurrence providing for all sums which the
DEVELOPER/SPONSOR and /or the design professional shall become legally
obligated to pay as damages fro claims arising out of the services performed by
the DEVELOPER /SPONSOR or any person employed by the
DEVELOPER/SPONSOR 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 DEVELOPER /SPONSOR shall
provide or cause its Subcontractors to provide original policies indicating the following
types of insurance coverage prior to any construction:
(e.) 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
DEVELOPER/SPONSOR.
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Exhibit "D ", Continued
(f) 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:
(g.) 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.
(h.) 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.
(i.) 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.
End of Exhibit "D"
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16D3
"ATTACHMENT E"
HOME MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing, Human and Veteran Services staff by the 1(1x' of the
following month.
Status Report for Month of
Date:
Project Name Rehabilitation Project
Project Number HMIO -02 Activity Number 389 _
DEVELOPER/SPONSOR: Habitat for Humanity, Inc.
Contact Person Nick Kouloheras, Executive Vice President of Land Development
Telephone: 239 - 775 -0036 Fax: 239 -775 -0477
E -mail: NkouloherasAhfllcollier.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.
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16D3
Exhibit E, Continued
6. New contracts executed this month (if applicable):
Name of Contractor or
Subcontractor, Address & Phone
Number
Amount of
Contract
Contractor
Federal 11)
Number
Race
(see definitions on
following page)
Ethnicity
(see definitions on
following page)
Total Number of
Extremely
Very
I.ow Income
female Head of
Households or Persons
Assisted
Low Income
Low Income
(51 -80 %)
1lousehold
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 UNFFS:
6.
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 °5" below.
BOX 1
BOX 2
BOX 3
13OX 4
BOX 5
Total Number of
Extremely
Very
I.ow Income
female Head of
Households or Persons
Assisted
Low Income
Low Income
(51 -80 %)
1lousehold
(0 -30 %)
(31 -50 %)
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Page 24 of 25
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DEVELOPER must indicate total beneficiaries {w, Race AND Ethnicity
Definitions of Race:
1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.
2. Black or African - American: A person having origins in any of the black racial groups of Africa.
3. 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.
4. 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.
5. 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 .
#
His anic ',
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:
End of Exhibit E
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MEMORANDUM
Date: November 17, 2010
To: Rosa Munoz, Grants Mgmt. Coordinator
Housing, Human & Veteran Services
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Subrecipient Agreement w /Big Cypress Housing Corp.
for the Main Street Village Upgrade Project; Funding
previously approved in HUD's 2010 -11 Action Plan
(HUD Grant # M- 10 -UC -12 -0017)
Attached please find an original copy of the agreement referenced above,
(Item #16D3) approved by the Board of County Commissioners October 26, 2010.
The Minutes & Records Department will hold the second original agreement in the
Official Records of the Board.
If you have any questions, please feel free to contact me at 252 -8406.
Thank you.
Attachment
16D 3
AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
MAIN STREET VILLAGE UPGRADES
Catalog of Federal Domestic Assistance # 14.239
HUD Grant # M- 10 -UC -12 -0017
THIS AGREEMENT is made and entered into by and between Collier County, a political
subdivision of the State of Florida, ( "COUNTY ") and The Big Cypress Housing Corporation" a
private not- for - profit corporation existing under the laws of the State of Florida, having its
principal office at 19308 SW 3801h Street, Florida City, Florida 33034, and its Federal Tax
Identification number as 65- 1067124 & DUNS 4064723252, ( "DEVELOPER /SPONSOR ").
WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME)
Program funds from the United States Department of Housing and Urban Development (HUD)
as provided by the Cranston - Gonzalez National Affordable Housing Act, as amended; 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 HOME Program for April 27, 2010 - Agenda Item 16D15; and
WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan
for Federal Fiscal Year 2010 -2011 for the HOME Program and the use of the HOME funds for
the activities identified in the Plan; and
WHEREAS, the COUNTY and the DEVELOPER/SPONSOR desire to provide the
activities specified in this Agreement, in accord with the approved One -Year Action Plan; and
WHEREAS, the COUNTY desires to engage the DEVELOPER/SPONSOR to
implement such undertakings of the HOME Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree as follows:
I. DEFINITIONS
(A) "COUNTY" means Collier County, and where applicable, it's authorized
representative(s).
(B) "HOME" is the HOME Investment Partnerships Program as described in 24 CFR
Part 92, under the authority of 42 USC 3535(d) and 12701 - 12839.
(C) "HHVS" means the Department of Housing, Human and Veteran Services.
(D) "DEVELOPER/SPONSOR" means the BIG CYPRESS HOUSING
CORPORATION.
(E) "HHVS APPROVAL" means the written approval of the Housing, Human and
Veteran Services Department or designee.
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16D3
(F) "HUD" means the Secretary of 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) "AGENCY" means HHVS, the HOME administering Agency of Collier County.
For the purpose of this Agreement and all administration of HOME funds, the
AGENCY shall act on behalf of the COUNTY in the execution and fiscal and
programmatic control of this agreement.
(J) "FEE" is the amount of money the COUNTY agrees to pay and the
DEVELOPER /SPONSOR agrees to accept as payment in full for all the
professional and technical services rendered pursuant to this Agreement to
complete the WORK as further defined in Section III, Scope of Work.
(K) "WORK" - is all the professional and technical services to be rendered or
provided by the DEVELOPER/SPONSOR as described here.
II. SCOPE OF SERVICES
The DEVELOPER/SPONSOR shall, in a satisfactory and proper manner, as determined by
HHVS, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall
submit each request for reimbursement using Exhibit "B" along with the monthly submission of
Exhibit "E," all of which are attached hereto and made a part hereof.
III. TIME OF PERFORMANCE
The effective date of this Agreement between HUD and Collier County shall be July 1, 2010.
Subrecipients are authorized to incur eligible expenses after that date and prior to execution of
this Agreement subject to HHVS approval. The services of the DEVF,LOPER/SPONSOR shall
be undertaken and completed in light of the purposes of this Agreement. In any event, all
services required hereunder shall be completed by the DEVELOPER/SPONSOR prior to August
31, 2011. Any funds not obligated by the expiration date of this Agreement shall automatically
revert to the COUNTY, as set forth in Section XI below.
IV. CONSIDERATION AND LIMITATION OF COSTS
The DEVELOPER/SPONSOR shall be reimbursed by the COUNTY using federal funds for
allowable costs, determined by COUNTY, in an amount not to exceed TWO HUNDRED
'TWENTY THOUSAND, EIGHT HUNDRED THIRTY FOUR DOLLARS AND 00 CENTS
($220,834.00) for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by DEVELOPER/SPONSOR
employees, or shall be put out to competitive bidding under a procedure acceptable to the
COUNTY and federal requirements. 'I'he DEVELOPER /SPONSOR shall enter into contract for
improvements with the lowest responsive and qualified bidder. Contract administration shall be
handled by the DEVELOPER/SPONSOR and monitored by the COUNTY, which shall have
access to all records and documents related to the project.
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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 DEVELOPER /SPONSOR when delivered to its office at the address
listed on page one of this Agreement.
VI. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT
The DEVELOPER/SPONSOR 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
DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR 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
DEVELOPER/SPONSOR 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 Part 92.206, HOME Investment Partnership Program - The regulations
governing the disbursement of HOME 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.
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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 1 1914 - Prohibits discrimination with respect to the handicapped
in federally assisted projects.
14. Executive Order 1 ] 625 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 CPR 85- Uniform Administrative Requirements for Grants and Agreements to
State and Local Governments.
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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 stall' 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.
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D. SUBCONTRACTS
Any work or services subcontracted by the DEVELOPER /SPONSOR 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 DEVELOPER/SPONSOR of any subcontract hereunder, such subcontracts
must be submitted by the DEVELOPER/SPONSOR to HHVS for its review and approval, which
will specifically include a determination of compliance with the terms of the attached Work
Program 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
DEVELOPER/SPONSOR 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
DEVELOPER/SPONSOR or reimbursed by the COUNTY without prior written approval of the
HHVS or its designee.
E. AMENDMENTS
This Agreement, and any exhibit or attachment, may be amended only by written agreement
executed by the governing boards of both parties, except that County representative(s) may
approve adjustments between line item amounts, scope clarifications, or an extension of time and
schedule that do not change the project, or exceed the amount funded by the County, as stated
herein. Any modifications to this contract shall be in compliance with the County Purchasing
Policy and Administrative Procedures in effect at the time such modifications are authorized.
F. INDEMNIFICATION
To the maximum extent permitted by Florida law, the DEVELOPER/SPONSOR 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
DEVELOPEWSPONSOR or anyone employed or utilized by the DEVELOPER /SPONSOR 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 Stalules.
G. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to
funding source. The DEVELOPER /SPONSOR will include a reference to the financial support
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herein provided by HHVS in all publications and publicity. In addition, the
DEVELOPER/SPONSOR will make a good faith effort to recognize HHVS' support for all
activities made possible with funds made available under this Agreement. The
DEVELOPER /SPONSOR 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 DEVELOPER/SPONSOR with funds
under this Agreement shall be returned to HHVS or the COUNTY. In the event of termination,
the DEVELOPER/SPONSOR 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
DEVELOPER/SPONSOR, and the COUNTY may withhold any payment to the
DEVELOPER/SPONSOR for set -off purposes until such time as the exact amount of damages
due to the COUNTY from the DEVELOPER /SPONSOR 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 DEVELOPER/SPONSOR for services rendered
pursuant to this Agreement through and including the date of termination. (See 24 CFR 85.44.)
3. TERMINATION DUE TO CESSATION
In the event the grant to the COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be
suspended or terminated effective on the date that HUD specifies.
I. INSURANCE
DEVELOPER/SPONSOR 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 "D" to this Agreement.
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J. DEVELOPER LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit "D" shall not relieve the
DEVELOPER/SPONSOR 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 DEVELOPER /SPONSOR 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 DEVELOPER /SPONSOR 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 DEVELOPER/SPONSOR shall be in default of the terms and
conditions of the contract.
K. INDEPENDENT AGENT AND EMPLOYEES
The DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR shall maintain all records required by the
HOME Federal Regulations for a period of six years (6) years after
expiration of this Agreement.
2. All reports, plans, surveys, information, documents, maps, and other data
procedures developed, prepared, assembled, or completed by the
DEVELOPER SPONSOR for the purpose of this Agreement shall be
made available to the COUNTY by the DEVELOPER/SPONSOR at any
time upon request by 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.
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3. The DEVELOPER /SPONSOR 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. DEVELOPER/SPONSOR shall submit monthly beneficiary reports to
IIHVS using Exhibit "E ".
5. The DEVELOPER/SPONSOR 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. DEVELOPER /SPONSOR shall maintain records showing
contractor compliance with the Contract Work Hours and Work Safety
Law. Similarly, the DEVELOPER /SPONSOR shall maintain records
showing compliance with federal purchasing requirements and with other
federal requirements for grant implementation.
6. Indirect Costs: If indirect costs are charged, the Developer will develop an
indirect cost allocation plan for determining the appropriate Developer'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 HOME funded project may
result in the delay of processing reimbursement requests for ongoing
activities or in the forfeiture of future HOME funds.
8. The DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR further agree that HHVS shall be the final
arbiter on the DEVELOPER/SPONSOR'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.
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.
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E. WRITTEN APPROVALS - SUMMARY
(1) All subcontracts and agreements proposed to be entered into by the
DEVELOPER/SPONSOR 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
§ 112.061, Fla. Slal., unless otherwise required by HOME);
(4) All change orders; and
(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 HOME 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, which are
incorporated herein by reference.
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
DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR. A copy of the
audit report must be received by HHVS no later than six months following the
end ofthe DEVELOPER /SPONSOR'S fiscal year.
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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 DEVELOPER/SPONSOR
may choose to have an audit performed either on the basis of the
DEVELOPER /SPONSOR'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 DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR shall include in all HHVS approved
subcontracts used to engage subcontractors to carry out any eligible substantive
programmatic services, as such services are described in this contract and defined
by HHVS, each of the record - keeping and audit requirements detailed in this
contract. HHVS shall, in its sole discretion, determine when services are eligible
substantive programmatic services and subject to the audit and recordkeeping
requirements described above.
H. PROGRAM - GENERATED INCOME
All income earned by the DEVELOPER/SPONSOR 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
DEVELOPER/SPONSOR shall report its plan to utilize such income to HHVS, and said plan
shall require the prior written approval of the HHVS Department or 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 92.503 for HOME funds, may be retained by the
Agency. 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 DEVELOPER/SPONSOR or its sub - contractors shall be
returned to the COUNTY unless the DEVELOPEIUSPONSOR requests and is authorized to
utilize uncommitted funds.
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1. GRANT CLOSEOUT PROCEDURES
DEVELOPER/SPONSOR'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 DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR shall comply
with the 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
DEVELOPER/SPONSOR 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 HOME areas designated by
Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fray -one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be very low, low- 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
funded under this Agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" of this Agreement. The DEVELOPER/SPONSOR shall provide
written verification of compliance to HHVS upon HHVS' request.
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D. CONFLICT OF INTEREST
The DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR. Any possible conflict of
interest on the part of the DEVELOPER/SPONSOR or its employees shall be disclosed in
writing to HHVS. (See 24 CFR 92.356).
E. PUBLIC ENTITY CRIMES
As provided in Section 287.133, Fla. Stat., by entering into this Agreement or performing any
work in furtherance hereof, the DEVELOPER/SPONSOR 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 Section
287.133(3) (a), Fla. Slat.
F. DRUG -FREE WORKPLACE REQUIREMENTS
The DEVELOPER/SPONSOR 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.
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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,
subgrants, contracts under grants, loans, and cooperative agreements) and that all
DEVELOPER/SPONSOR'S shall certify and disclose accordingly.
H. REAL PROPERTY
Any real property acquired by the DEVELOPER/SPONSOR 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 part 24,
shall be subject to the provisions of the CDBG /HOME Regulations including, but not limited to,
the provisions on use and disposition of property. Any real property within the
DEVELOPER/SPONSOR's control, which is acquired or improved in whole or part with
CDBG /HOME funds in excess of $25,000, must adhere to the CDBG /HOME Regulations at 24
CFR 570.505.
IX. ENVIRONMENTAL CONDITIONS
The DEVELOPER/SPONSOR agrees to comply with the following requirements:
A. AIR AND WATER
1. Clean Air Act, 41 USC 7401, et seq.
2. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
USC 4002), the DEVELOPER/SPONSOR 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 DEVELOPER /SPONSOR 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 in 24 CFR 92.355.
D. HISTORIC PRESERVATION
The DEVELOPER/SPONSOR 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
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Procedures for Protection of Historical Properties.
X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
HOME funds may not be used for religious activities or provided to primarily religious
organizations. 24 CFR 92.257 specifies the limitations on HOME funds for faith based
activities.
XI. REVERSION OF ASSETS
Upon expiration of the Agreement, the DEVELOPER/SPONSOR shall transfer to the COUNTY
any HOME funds on hand at the time of expiration and any accounts receivable attributable to
the use of HOME funds. 24 CFR 92.504(2)(vii).
XII. SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be
affected thereby if such remainder would then continue to conform to the terms and requirements
of applicable law.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty -five (25) 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 hereto
and constitutes the entire understanding. The parties hereby acknowledge that there have been
and are no representations, warranties, covenants, or undertakings other than those expressly set
forth herein.
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IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively. by an
authorized person or agent, hereunder set their hands and seals on this . day of
20/.
ATTEST? BOARD OF COUNTY COMMISSIONERS
DWIGHT F. BROCK. CLERK OF COLLIER COUNTY, FLORIDA
Dated: . `� f 7�. � ( 0
(SEAL)
First Witness
Rao, 1�4et,6A)2
Type /print 4itness name
Second Witness c �-
S�
ype /print witness name
By. �_ { .
FRED W. COYLE, CHAIRMAN
Big Cypress Housing Corporation
By:
Su recipie Signature
Steve Kirk, President (Print Name)
Approved as to form and legal sufficiency:
W 7M
Colleen M. Greene
Assistant County Attorney
Item # U.
Agenda
Date
Date
Recd
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M
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EXHIBIT "A"
SCOPE OF SERVICES
HOME
BIG CYPRESS HOUSING CORPORATION
MAIN STREET VILLAGE UPGRADES
PROJECT SCOPE:
On April 27, 2010, the BCC approved the HUD Action Plan allocating funding for this
initiative. Home Investment Partnerships Program (HOME) funding will be used to make
energy efficiency interior /exterior improvements to Main Street Village.
The action plan specifies to provide energy efficient upgrades for 79 farmworker rental units
using HOME funds in collaboration with Big Cypress Housing Corporation. These funds will
be used for upgrades to include tankless hot water heaters and higher SEER A/C units, energy
efficient lighting improvements and energy efficient appliances and landscaping improvements.
To achieve the energy efficiency goals, improvements will include purchase and installation of
eleven (11), 15 -18 seer air conditioners, a minimum of 79 tankless water heaters, a minimum of
79 dishwashers, and a minimum of 79 refrigerators. In addition, improvements will also include
rehabilitation of building envelope leaks, replacement of inefficient lighting, and landscaping
improvements (to provide shade reducing the need for energy to cool the homes).
The project activities will meet the U.S. Department of Housing and Urban Development's
national objective to benefit low and moderate income persons.
BUDGET:
Collier County Housing, Human and Veteran Services is providing Two Hundred Twenty
Thousand, Eight Hundred Thirty Four Dollars ($220,834.00) in HOME funding for the project
scope described above. The 25% matching funds requirements are being met by the Big
Cypress Housing Corporation in the amount of $55,208.00 which most be shown in writing as
invoices are presented (i.e. 25% of every invoice is adjusted for the 25% until the $55,208.00 is
met).
Line Item Description
HOME Funds Big Cypress
Reimbursement Match
Energy Efficiency
$ 22,000.00
Interior /Exterior Improvements
Purchase and install Energy Star
$ 76,000.00
appliances —
Purchase and installation of Tankless
$102,834.00
Water Heaters
Landscaping Improvements
$ 20,000.00
Total
$220,834.00 $ 55,208
2010 I IOM E Funding (IiM 10 -01)
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Any modifications to this contract shall be in compliance with the County Purchasing Policy
and Administrative Procedures in effect at the time such modifications are authorized.
C. PROJECT WORK PLAN
The following Project Work Plan is in effect for program monitoring requirements only and as
such, is not intended to be used as a payment schedule.
Date Start
Date End
Work Plan
7/2010
12/2010
Procure Energy Star appliances and other rehabilitation
materials
11/2010
02/2011
Award Contract(s)
02/2011
08/2011
Install appliances, A /C's and all energy improvements
07/2010
08/2011
Purchase and Install Landscaping Improvements
03/2011
08/2011
Completion of all rehabilitation including building
envelopes and installation of tankless water heaters
D. PAYMENT SCHEDULE
The following table details the project deliverables and payment schedule.
Deliverable
Payment Schedule
_
Completion of components of the
Upon invoicing, will reimburse 75% of
energy efficiency interior /exterior
allowable expenses using the schedule of
improvements as defined
values
Final 10% ($22,834.00) released upon
documentation that all upgrades have been
completed
End of Exhibit "A"
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EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
DEVELOPER /SPONSOR Name: Big Cvoress Housing Corporation
DEVELOPER /SPONSOR Address: P.O.B. 343529, Florida City, FL 33034
Project Name: Big Cypress Main Street Village Upgrades
Project No: 1-IM10 -01 Payment Request #
Dollar Amount Requested:
SECTION II: STATUS OF FUNDS
I . Grant Amount Awarded
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$ 220,834
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) $
1 certify that this request for reimbursement has been drawn in accordance with the terms and conditions of the
Agreement between the County and us as the Sub - recipient. 1 also certify that the amount of the Request for
Reimbursement is not in excess of current needs.
Signature Date
"title
Authorizing Grant Coordinator
Supervisor (approval authority under $14,999)
Dept Director (approval required $15,000 and above)
End of Exhibit B
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EXHIBIT "C'
ADDITIONAL HOME GRANT REQUIREMENTS
No additional HOME requirements for this agreement
End of Exhibit C
2010 I TOME Funding (I] M 10 -01)
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EXHIBIT "D"
INSURANCE REQUIREMENTS
The DEVELOPER /SPONSOR 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:
(a.) Workers' Compensation as required by Chapter 440, Florida Statutes.
(b.) 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.
(c) 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:
(d.) Professional Liability Insurance in the name of the DEVELOPER/SPONSOR or the
licensed design professional employed by the DEVELOPER/SPONSOR in an
amount not less than $300,000 per occurrence providing for all sums which the
DEVELOPER/SPONSOR and /or the design professional shall become legally
obligated to pay as damages from claims arising out of the services performed by
the DEVELOPER /SPONSOR or any person employed by the
DEVELOPER /SPONSOR 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 DEVELOPER/SPONSOR shall
provide or cause its Subcontractors to provide original policies indicating the following
types of insurance coverage prior to any construction:
(e.) 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
DEVELOPER /SPONSOR.
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Exhibit "D ', Continued
(f) 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 Payec 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:
(g.) 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.
(h.) 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.
(i.) 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.
End of Exhibit "D"
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"ATTACHMENT E"
HOME MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing Human and Veteran Services staff by the 101b of the
following month.
Status Report for Month of
Submittal Date:
Project Name Main Street Village Upgrades
Project Number HM10 -01 _. Activity Number 388
DEVELOPER/SPONSOR: Big Cypress Housing Coloration
Contact Person Steve Kirk, President
Telephone: 305- 242 -2142 Fax:_ 305- 242 -2143
E -mail: kirknetna vahoo.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.
2010 HOME Funding (I IM 10 -01)
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Exhibit E, Continued
6. New contracts executed this month (if applicable):
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)
'Iota] Number of
F,xtremcly
Very
Low Income
Female Bead of
Households or Persons
I ow Income
Low Income
(51 -80 %)
Household
7. 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 "S" below.
BOX 1
BOX 2
BOX 3
BOX 4
I30X 5
'Iota] Number of
F,xtremcly
Very
Low Income
Female Bead of
Households or Persons
I ow Income
Low Income
(51 -80 %)
Household
Assisted
(0 -30%)
(31 -50%)
1
Exhibit E, Continued
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DEVELOPER must indicate total beneficiaries for Race AND Ethnicity
Definitions of Race:
1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.
2. Black or African- American: A person having origins in any of the black racial groups of Africa.
3. 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.
4. 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.
5. 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
#
His anic
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:
End of Exhibit E
2010 HOME Funding (HM 10 -01)
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MEMORANDUM
Date: November 17, 2010
To: Rosa Munoz, Grants Mgmt. Coordinator
Housing, Human & Veteran Services
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Subrecipient Agreement w /Empowerment Alliance of
SWFL for a HOME Funding Project; Funding
previously approved in HUD's 2010 -11 Action Plan
(HUD Grant # M- 10 -UC -12 -0017)
Attached please find an original copy of the agreement referenced above,
(Item #16D3) approved by the Board of County Commissioners October 26, 2010.
The Minutes & Records Department will hold the second original agreement in the
Official Records of the Board.
If you have any questions, please feel free to contact me at 252 -8406.
Thank you.
Attachment
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AGREEMENT BETWEEN COLLIER COUNTY
AND
EMPOWERMENT ALLIANCE OF SW FL
COMMUNITY DEVELOPMENT CORPORATION
(EASF)
Catalog of Federal Domestic Assistance # 14.239
HUD Grant # M- 10 -UC -12 -0017
THIS AGREEMENT is made and entered into by and between Collier County, a political subdivision
of the State of Florida, ( "COUNTY ") and The Empowerment Alliance of SW Florida Community
Development Corporation" a private not- for -profit corporation existing under the laws of the State of Florida,
having its principal office at 750 South Fifth Street, Immokalee, FL 34142, and its Federal Tax Identification
number as 59- 3682139 & DUNS 4101031222, ( "DEVELOPER/SPONSOR ").
WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program
funds from the United States Department of Housing and Urban Development (HUD) as provided by the
Cranston- Gonzalez National Affordable Housing Act, as amended; 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 HOME Program for April
27, 2010- Agenda Item 16D15; and
WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for Federal
Fiscal Year 2010 -2011 for the HOME Program and the use of the HOME funds for the activities identified in
the Plan; and
WHEREAS, the COUNTY and the DEVELOPER/SPONSOR desire to provide the activities
specified in this Agreement, in accord with the approved One -Year Action Plan; and
WHEREAS, the COUNTY desires to engage the DEVELOPER/SPONSOR to implement such
undertakings of the HOME Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, the
Parties agree as follows:
I.
(A) "COUNTY" means Collier County, and where applicable, it's authorized representative(s).
(B) "HOME" is the HOME Investment Partnerships Program as described in 24 CFR Part 92,
under the authority of 42 USC 3535(d) and 12701 - 12839.
(C) "HHVS" means the Department of Housing, Human and Veteran Services.
(D) "DEVELOPER/SPONSOR" means the EMPOWERMENT ALLIANCE OF SW FLORIDA
COMMUNITY DEVELOPMENT CORPORATION (EASF)
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(E) "HHVS APPROVAL" means the written approval of the Housing, Human and Veteran
Services Department or designee.
(F) "HUD" means the Secretary of 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) "AGENCY" means HHVS, the HOME administering Agency of Collier County. For the
purpose of this Agreement and all administration of HOME funds, the AGENCY shall act on
behalf of the COUNTY in the execution and fiscal and programmatic control of this agreement.
(J) "FEE" is the amount of money the COUNTY agrees to pay and the DEVELOPER/SPONSOR
agrees to accept as payment in full for all the professional and technical services rendered
pursuant to this Agreement to complete the WORK as further defined in Section III, Scope of
Work.
(K) "WORK" - is all the professional and technical services to be rendered or provided by the
DEVELOPER /SPONSOR as described here.
II. SCOPE OF SERVICES
The DEVELOPER/SPONSOR shall, in a satisfactory and proper manner, as determined by HHVS, perform
the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for
reimbursement using Exhibit `B" along with the monthly submission of Exhibit "E," all of which are attached
hereto and made a part hereof.
III. TIME OF PERFORMANCE
The effective date of this Agreement between HUD and Collier County shall be July 1, 2010. Subrecipients
are authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to
HHVS approval. The services of the DEVELOPER/SPONSOR shall be undertaken and completed in light of
the purposes of this Agreement. In any event, all services required hereunder shall be completed by the
DEVELOPER/SPONSOR prior to June August 31, 2011. Any funds not obligated by the expiration date of
this Agreement shall automatically revert to the COUNTY, as set forth in Section XI below.
IV. CONSIDERATION AND LIMITATION OF COSTS
The DEVELOPER/SPONSOR shall be reimbursed by the COUNTY using federal funds for allowable costs,
determined by COUNTY, in an amount not to exceed _THIRTY SEVEN THOUSAND FOUR HUNDRED
TEN DOLLARS AND 00 CENTS (537,410.00) for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by DEVELOPER/SPONSOR employees, or
shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal
requirements. The DEVELOPER/SPONSOR shall enter into contract for improvements with the lowest
responsive and qualified bidder. Contract administration shall be handled by the DEVELOPER/SPONSOR
and monitored by the COUNTY, which shall have access to all records and documents related to the project.
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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
DEVELOPER/SPONSOR when delivered to its office at the address listed on page one of this Agreement.
VI. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT
The DEVELOPER/SPONSOR 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
DEVELOPER/SPONSOR 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 DEVELOPER /SPONSOR 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 DEVELOPER/SPONSOR 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 Part 92.206, HOME Investment Partnership Program - The regulations governing the
disbursement of HOME 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.
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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 135.1 l(c)).
13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally
assisted projects.
14. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular
Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in
Community Development Block Grant Contracts.
15. Public Law 100 -430 - the Fair Housing Amendments Act of 1988.
16. OMB Circular A -133 - concerning annual audits.
17. OMB Circular A -122 - which identifies cost principles.
18. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non -Profit Organizations.
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.
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21. Chapter 112, Florida ,Statutes.
22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any
County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311.
23. Order of Precedence - In the event of any conflict between or among the terms of any of the
Contract Documents, the terms of the Agreement shall take precedence over the terms of all
other Contract Documents, except the terms of any Supplemental Conditions shall take
precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or the
Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under
the Contract Documents upon the Contractor at Owner's discretion.
24. Venue - Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. The negotiation shall be attended by representatives
of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who
would make the presentation of any settlement reached during negotiations to COUNTY for
approval. Failing resolution, and prior to the commencement of depositions in any litigation
between the parties arising out of this Agreement, the parties shall attempt to resolve the
dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State
of Florida. The mediation shall be attended by representatives of SUBRECIPIENT with full
decision - making authority and by COUNTY'S staff person who would make the presentation
of any settlement reached at mediation to COUNTY'S board for approval. Should either party
fail to submit to mediation as required hereunder, the other party may obtain a court order
requiring mediation under § 44.102, Fla. Stat.
D. SUBCONTRACTS
Any work or services subcontracted by the DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR of
any subcontract hereunder, such subcontracts must be submitted by the DEVELOPER /SPONSOR to HHVS
for its review and approval, which will specifically include a determination of compliance with the terms of
the attached Work Program set forth in Exhibit "A."
EASF
2010 -HOME
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16D3
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 DEVELOPER/SPONSOR 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
DEVELOPER/SPONSOR or reimbursed by the COUNTY without prior written approval of the HHVS or its
designee.
E. AMENDMENTS
This Agreement, and any exhibit or attachment, may be amended only by written agreement executed by the
governing boards of both parties, except that County representative(s) may approve adjustments between line
item amounts, scope clarifications, or an extension of time and schedule that do not change the project, or
exceed the amount funded by the County, as stated herein. Any modifications to this contract shall be in
compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
F. INDEMNIFICATION
To the maximum extent permitted by Florida law, the DEVF,LOPEWSPONSOR 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 DEVELOPER/SPONSOR or anyone
employed or utilized by the DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR will include a reference to the financial support herein provided by
HHVS in all publications and publicity. In addition, the DEVELOPER/SPONSOR will make a good faith
effort to recognize HHVS' support for all activities made possible with funds made available under this
Agreement. The DEVELOPEWSPONSOR 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 DEVELOPER/SPONSOR with funds under this Agreement shall be returned
EASE
2010 -HOME
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16D3
to HHV S or the COUNTY. In the event of termination, the DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR, and the COUNTY may withhold any payment to the
DEVELOPER/SPONSOR for set -off purposes until such time as the exact amount of damages due to the
COUNTY from the DEVF,LOPER/SPONSOR is determined.
1. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner its obligations under
this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this
Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving
written notice of such termination to the other party and specifying therein the effective date of termination.
(See 24 CFR 85.43.)
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any reason,
terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the
COUNTY shall pay the DEVELOPER/SPONSOR 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
DEVELOPER/SPONSOR 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 "D" to
this Agreement.
J. DEVELOPER LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit "D" shall not relieve the DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR 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
DEVELOPER/SPONSOR shall be in default of the terms and conditions of the contract.
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16D3
K. INDEPENDENT AGENT AND EMPLOYEES
The DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR 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
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1. The DEVELOPER/SPONSOR shall maintain all records required by the HOME
Federal Regulations for a period of six years (6) years after expiration of this
Agreement.
2. All reports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, assembled, or completed by the DEVELOPER/SPONSOR for the
purpose of this Agreement shall be made available to the COUNTY by the
DEVELOPER /SPONSOR at any time upon request by 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.
3. The DEVELOPER/SPONSOR 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. DEVELOPER /SPONSOR shall submit monthly beneficiary reports to HHVS using
Exhibit "E ".
5. The DEVELOPER/SPONSOR 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.
DEVELOPER/SPONSOR shall maintain records showing contractor compliance with
the Contract Work Hours and Work Safety Law. Similarly, the
DEVELOPER/SPONSOR shall maintain records showing compliance with federal
purchasing requirements and with other federal requirements for grant implementation.
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16D3
6. Indirect Costs: If indirect costs are charged, the Developer will develop an indirect cost
allocation plan for determining the appropriate Developer'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 HOME funded project may
result in the delay of processing reimbursement requests for ongoing
activities or in the forfeiture of future HOME funds.
8. The DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR further agree that HHVS shall be the final
arbiter on the DEVELOPER/SPONSOR'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.
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 - SUMMARY
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(1) All subcontracts and agreements proposed to be entered into by the
DEVELOPER/SPONSOR 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 § 112.061,
Fla. Stat., unless otherwise required by HOME);
(4) All change orders; and
(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 HOME funds, whether for merit or cost of
living.
Page 9 of 25
16D3
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, which are incorporated herein by reference.
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.
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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 DEVELOPER/SPONSOR
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
DEVELOPER/SPONSOR. A copy of the audit report must be received by HHVS no later than
six months following the end of the DEVELOPER/SPONSOR'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 DEVELOPER/SPONSOR may choose to have an audit
performed either on the basis of the DEVELOPER/SPONSOR'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 DEVELOPER/SPONSOR 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.
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16D3
6. The DEVELOPER /SPONSOR shall include in all HHVS approved subcontracts used to
engage subcontractors to carry out any eligible substantive programmatic services, as such
services are described in this contract and defined by HHVS, each of the record - keeping and
audit requirements detailed in this contract. HFIVS shall, in its sole discretion, determine when
services are eligible substantive programmatic services and subject to the audit and
recordkeeping requirements described above.
H. PROGRAM - GENERATED INCOME
All income earned by the DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR shall report its
plan to utilize such income to HHVS, and said plan shall require the prior written approval of the HHVS
Department or 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 92.503 for HOME funds, may be retained by the Agency. 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
DEVELOPER/SPONSOR or its sub - contractors shall be returned to the COUNTY unless the
DEVELOPER/SPONSOR requests and is authorized to utilize uncommitted funds.
I. GRANT CLOSEOUT PROCEDURES
DEVELOPER/SPONSOR'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 DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR shall comply with the Section 3 of the Housing and Community
Development Act of 1968.
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B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services, the DEVELOPER/SPONSOR 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 HOME 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 very
low, low- 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 funded under this Agreement shall assist beneficiaries as
defined above for the time period designated in Exhibit "A" of this Agreement. The DEVELOPER /SPONSOR
shall provide written verification of compliance to HHVS upon fit IVS' request.
D. CONFLICT OF INTEREST
The DEVELOPER/SPONSOR 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
DEVELOPER/SPONSOR. Any possible conflict of interest on the part of the DEVELOPER/SPONSOR or its
employees shall be disclosed in writing to HHVS. (See 24 CFR 92.356).
E. PUBLIC ENTITY CRIMES
As provided in Section 287.133, Fla. Stat., by entering into this Agreement or performing any work in
furtherance hereof, the DEVELOPER/SPONSOR 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 Section 287.133(3) (a), Fla. Vat.
F. DRUG -FREE WORKPLACE REQUIREMENTS
The DEVELOPER/SPONSOR must certify that it will provide drug -tree workplaces in accordance with the
Drug -Free Workplace Act of 1988 (41 USC 701).
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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, subgrants, contracts under
grants, loans, and cooperative agreements) and that all DEVELOPER /SPONSOR'S shall
certify and disclose accordingly.
H. REAL PROPERTY
Any real property acquired by the DEVELOPER/SPONSOR 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 part 24, shall be subject to the provisions of the
CDBG /HOME Regulations including, but not limited to, the provisions on use and disposition of property.
Any real property within the DEVELOPER/SPONSOR's control, which is acquired or improved in whole or
part with CDBG /HOME funds in excess of $25,000, must adhere to the CDBG /ROME Regulations at 24 CFR
570.505.
IX. ENVIRONMENTAL CONDITIONS
The DEVELOPER/SPONSOR agrees to comply with the following requirements:
A. AIR AND WATER
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I . Clean Air Act, 41 USC 7401, ei seq.
2. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
Page 13 of 25
1603
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002), the
DEVELOPER/SPONSOR 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 DEVELOPER /SPONSOR 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 in 24 CFR 92.355.
D. HISTORIC PRESERVATION
The DEVELOPER/SPONSOR 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
HOME funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR
92.257 specifies the limitations on HOME funds for faith based activities.
Xl. REVERSION OF ASSETS
Upon expiration of the Agreement, the DEVELOPER/SPONSOR shall transfer to the COUNTY any HOME
funds on hand at the time of expiration and any accounts receivable attributable to the use of HOME funds.
24 CFR 92.504(2)(vii).
XII. SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable law.
X1II. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty -six (26) 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.
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16D3
XIV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and
constitutes the entire understanding. The parties hereby acknowledge that there have been and are no
representations, warranties, covenants, or undertakings other than those expressly set forth herein.
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IN WITNESS WHEREOF, the Developer and the County, have each, respectively, by an authorized person
or agent, hereunder set their hands and seals on this ar day of C,130/,ey - 20_Z�5
ATTEST:
DWIGHT E. BROCIK, CLERK
First Witness
DoVoI A' Caok
Type /print witness name
Second Witness
Type /print witness name
EASF
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BOARD OF COUNTY COMMISSIONERS OF
COLLIER C.OYNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
The Empowerment Alliance of SW Florida
Community Developg>ent Corporation
By: v
�- ubrecipient Signature
Edward R. Olesky, Chairman
Type /print Subrecipient name and title
Approved as to form and legal sufficiency:
U & -M
Colleen M. Greene
Assistant County Attorney
Pave 16 of 26
Item # f ppj
Agenda 9'
Date
Date
Recd l 1 I L
1603
EXHIBIT "A"
SCOPE OF SERVICES
HOME — CHDO OPERATING
THE EMPOWERMENT ALLIANCE OF SW FLORIDA
COMMUNITY DEVELOPMENT CORPORATION (EASF)
A. PROJECT SCOPE:
On April 27, 2010, the BCC approved the HUD Action Plan allocating funding for this
initiative. Home Investment Partnerships Program (HOME) funding will be used for
operational expenses for the Empowerment Alliance of SW Florida Community Development
Corporation (EASF).
In the Action Plan for this program the intended outcome of this funding is to provide salaries,
rent, utilities and supplies for EASF.
Funds will be used for normal office expenses in the following categories: office and computer
equipment, office expenses and supplies, rent, and associated expenses. This funding will also
partially pay for the salary and benefits of the executive director, bookkeeper, and counseling
staff.
The project activities will meet the U.S. Department of Housing and Urban Development's
national objective to pay operating costs and build the CHDO's capacity to develop successful
affordable housing projects and programs.
B. BUDGET:
Collier County Housing, Human and Veteran Services is providing Thirty Seven Thousand
Four Hundred Ten Dollars ($37,410.00) in HOME funding for the project scope described
above.
Line Item Description
HOME Funds
Salaries, & Benefits (partial)
Executive Director, bookkeeper,
and counseling staff
$30,210.00
Operating expenses
$ 7,200.00
Office and computer equipment,
office expenses and supplies, rent,
and associated expenses
Total
$37,410.00
Any modifications to this contract shall be in compliance with the County Purchasing Policy
and Administrative Procedures in effect at the time such modifications are authorized.
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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
7/2010
08/2011
Continue implementing the housing programs. Provide
all reports to HHVS as required.
07/2011
08/2011
EASF to coordinate participation in the 2010 Housing
Fair
D. PAYMENT SCHEDULE:
The following table details the project deliverables and payment schedule.
Deliverable
Payment Schedule
CHDO Operating Expenses
I Upon monthly invoicing of allowable expenses
EASF
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End of Exhibit "A"
Page 18 of 25
2.
3.
4.
5.
6.
16D3
EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
DEVELOPER/SPONSOR Name: The Empowerment Alliance of SW Florida Community Development
Corporation (EASE)
DEVELOPER/SPONSOR Address: 750 South Fifth Street, Immokalee, FL 34142
Project Name: CHDO Operating
Project No: HM 10 -04 Payment Request #
Dollar Amount Requested:
SECTION II: STATUS OF FUNDS
Grant Amount Awarded
Sum of Past Claims Paid on this Account
Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
Amount of Previous Unpaid Requests
Amount of Today's Request
Current Grant Balance (Initial Grant Amount Awarded Less
Sum of all requests) $
37,410
I certify that this request for reimbursement has been drawn in accordance with the terms and conditions of the
Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for
Reimbursement is not in excess of current needs.
Signature
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
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Date
(approval authority under $14,999)
(approval required $15,000 and above)
End of Exhibit B
Page 19 of 25
EXHIBIT "C'
ADDITIONAL HOME GRANT REQUIREMENTS
No additional HOME requirements for this agreement
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End of Exhibit C
Page 20 of 25
16D 3
16D3
EXHIBIT "D"
INSURANCE REQUIREMENTS
The DEVELOPER /SPONSOR 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:
(a.) Workers' Compensation as required by Chapter 440, Florida Statutes.
(b) 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.
(c) 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:
(d.) Professional Liability Insurance in the name of the DEVELOPER/SPONSOR or the
licensed design professional employed by the DEVELOPER/SPONSOR in an
amount not less than $300,000 per occurrence providing for all sums which the
DEVELOPER/SPONSOR and /or the design professional shall become legally
obligated to pay as damages from claims arising out of the services performed by
the DEVELOPER/SPONSOR or any person employed by the
DEVELOPER /SPONSOR 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 DEVELOPER/SPONSOR shall
provide or cause its Subcontractors to provide original policies indicating the following
types of insurance coverage prior to any construction:
EASE
2010 -HOME
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(e.) 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
DF.VELOPER/SPONSOR.
Page 21 of 25
16D3
Exhibit "D Continued
(f) 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:
(g.) 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.
(h.) 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.
(i.) 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.
EASF
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End of Exhibit "D"
Page 22 of 25
16D3
"ATTACHMENT E"
HOME MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing, Human and Veteran Services staff by the W of the
following month.
Status Report for Month of Submittal Date:
Project Name _ CHDO Operating
Project Number HM 10 -04 Activity Number
DEVELOPER/SPONSOR/SUBREC IPI ENT: Empowerment Alliance (EASF)
Contact Person Dottie Cook - Executive Director
Telephone: 239) 658 -3315
E -mail:
Fax: _ (239) 657 -3084
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.
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Exhibit E, Continued
6. New contracts executed this month (if applicable):
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 Persons
Low Income
Low Income
(51 -80 %)
household
7. 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 '7. "
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 "5" below.
BOX 1
BOX 2
BOX 3
BOX 4
130X 5
Total Number of
Extremely
Very
Low Income
Female Head of
Households or Persons
Low Income
Low Income
(51 -80 %)
household
Assisted
(0 -30 %)
(31 -50%)
EASF
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1603
Exhibit E, Continued
DEVELOPER must indicate total beneficiaries for Race AND Ethnicity
Definitions of Race:
1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.
2. Black or African - American: A person having origins in any of the black racial groups of Africa.
3. 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.
4. 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.
5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii,
Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race.
Tabulation Table of Race and Ethnicity Beneficiaries
Race # Total # Hispanic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian/Alaska Native and White
Asian and White
Black African American and White
American Indian/Alaskan Native and Black/African American
Other Multi- Racial
TOTAL:
EASF
2010 -HOME
CHDO- Operating
End of Exhibit E
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