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Agenda 03/26/2019 Item #16B 103/26/2019 EXECUTIVE SUMMARY Recommendation that the Collier County Board of County Commissioners (BCC) acting as the Community Redevelopment Agency Board (CRAB) approve the First Amendment to the 2018 CDBG Subrecipient Agreement between Collier County and the CRA for the installation/improvements of sidewalks within the Immokalee Community Redevelopment Area in Immokalee, Florida. OBJECTIVE: To provide safe pedestrian access through the construction of sidewalks for the Immokalee community. CONSIDERATIONS: The U. S. Department of Housing and Urban Development (HUD) provides Community Development Block Grant (CDBG) funds to address program -specific needs in the community. On September 11, 2018 the CRA approved a CDBG Subrecipient Agreement with the Board of County Commissioners to fund the Immokalee Sidewalk Project. The agreement established funding for the engineering, permitting, construction and associated activities for sidewalk installation/improvements on the South side of Immokalee on portions of Carver Street and South 5t' Street. The proposed Amendment will modify the agreement's scope and budget, clarify specific special grant conditions and identifying the subrecipients current project manager. The grant funds originally allocated for engineering and permitting will be added to the construction activity. Engineering for the project will be funded from the Immokalee Community Redevelopment Area, utilizing engineering services under an existing Collier County contract. The change will help facilitate the project's completion within the grant agreement period. FISCAL IMPACT: This action has no new fiscal impact. CDBG funds are available within Immokalee CRA Grant Fund (715), Project 33558. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. - JAB GROWTH MANAGEMENT IMPACT: This grant opportunity is consistent with Policy 4.3 and furthers the goals of the Immokalee Area Master Plan. RECOMMENDATION: Recommendation that the Collier County Board of County Commissioners (BCC) acting as the Community Redevelopment Agency Board (CRAB) approve the First Amendment to the 2018 CDBG Subrecipient Agreement between Collier County and the CRA for the installation/improvements of sidewalks within the Immokalee Community Redevelopment Area in Immokalee, Florida. Prepared Bv: Debrah Forester, CRA Director ATTACHMENT(S) 1. First Amendment to Agreement (PDF) 2. Subrecipient Agreement 2018 Immokalee CRA (PDF) 16.6.1 Packet Pg. 631 16.B.1 03/26/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.1 Doe ID: 8168 Item Summary: Recommendation that the Collier County Board of County Commissioners (BCC) acting as the Community Redevelopment Agency Board (CRAB) approve the First Amendment to the 2018 CDBG Subrecipient Agreement between Collier County and the CRA for the installation/improvements of sidewalks within the Immokalee Community Redevelopment Area in Immokalee, Florida. Meeting Date: 03/26/2019 Prepared by: Title: — County Manager's Office Name: Debrah Forester 02/26/2019 9:36 AM Submitted by: Title: County Manager — County Manager's Office Name: Leo E. Ochs 02/26/2019 9:36 AM Approved By: Review: County Attorney's Office Grants County Manager's Office Office of Management and Budget County Attorney's Office Budget and Management Office Grants County Manager's Office Board of County Commissioners Jennifer Belpedio Level 2 Attorney of Record Review Erica Robinson Level 2 Grants Review Sean Callahan Additional Reviewer Laura Wells Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Ed Finn Additional Reviewer Therese Stanley Additional Reviewer Nick Casalanguida Level 4 County Manager Review MaryJo Brock Meeting Pending Completed 02/28/2019 9:27 AM Completed 02/28/2019 1:40 PM Completed 03/15/2019 9:18 AM Completed 03/15/2019 10:04 AM Completed 03/15/2019 10:06 AM Completed 03/15/2019 1:26 PM Completed 03/19/2019 9:19 AM Completed 03/19/2019 9:39 AM 03/26/2019 9:00 AM Packet Pg. 632 16.B.1.a FAIN ## B -18 -UC -120016 Federal Award Date 1012018 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $200,000 Subrecipient Name Collier County Community Redevelopment Agency Immokalee DUNS# 076997790 FEIN 59-6000558 R&D No Indirect Cost Rate No Period of Performance 10/01/2018.4130/2020 Fiscal Year End 9/30 Monitor End: 04/30/2025 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY REDEVELOPMENT AGENCY (IMMOKALEE) This Amendment is entered into this day of 2019, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and Collier County Community Redevelopment Agency (Immokalee), ("Subrecipient"), having its principal office at 750 51h Street in Immokalee, Florida 34142. RECITALS WHEREAS, on September 11, 2018, the COUNTY entered into an Agreement for awarding Community Development Block Grant Program funds to be used for the Immokalee Sidewalks 2018 project (hereinafter referred to as the "Agreement"); and WHEREAS, the parties desire to clarify special conditions, modify the project scope and budget and identify the subrecipient's project manager. NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend the Agreement as follows: Collier County Redevelopment Agency (Inunokalee) Immokalee Sidewalks 2018 First Amendment CD 18-03 Packet Pg. 633 Words Struek Thro are deleted; Words Underlined are added PART I F-1011190KII AVAIM ht7:1 X X X Description of project and outcome: CHS, as administrator of the CDBG program, will make available CDBG fiends up to the gross amount of $200,000.00 to the Collier County Community Redevelopment Agency (Iminokalee) to fund: The engineers, permitting, construction and associated activities for sidewalk installation/improvements on the south side of Immokalee on portions of Carver Street and South 5"' Street. The project will be defined in the project plans, specification and schedule of values. � � n 1.1 GRANT AND SPECIAL CONDITIONS C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed, and ,,p,.•.oyed by HUD, Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the HUD environmental clearance of funds and a 0148 Natiee to P..eeeea (NTP)lotto•• Violation of this provision will may result in the denial of any reimbursement of funds under this Agreement. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount $$,000 Project Component 1-2: Construction and associated activities to install/improve sidewalks in the defined project area. $1-00000 $200,000 Total Federal Funds: $200,000 Collier County Redevelopment Agency (Immokalee) Immokalee Sidewalks 2018 First Amendment CD 18-03 16.B.1.a Packet Pg. 634 D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Component 4: Pe&ign and pemitgng Submission of supporting doeument contract,Projeet must be provided as baekep as evidenced by > , t".rrvuv�.r" f o f pii„�_n3,d a ,. additional r+.. nv aum ntatien as .a este Submission 0 monthly invoi. Project Component 1-2: Submission of supporting documents Submission of Construction and associated must be provided as backup as evidenced monthly invoices. activities to install/improve by, banking documents, completed AIA sidewalks in the defined project G702-1992 form, or equivalent document area. per contractor's Schedule of Values and any additional documents as needed. The County will pay up to 90% of the total grant award or project costs whichever is lower upon proof of proper payment. The remaining 10% of the award or project costs will be released upon final monitoring clearance and documentation Following close out of persons served monitoring For clarity, the County will not withhold 10% on each payment, rather, the last 10% will only be paid as previously specified. Collier County Redevelopment Agency (Immokalee) Immokalee Sidewalks 2018 First Amendment CD 18-03 16.B.1.a Packet Pg. 635 1.6 NOTICES SUBRECIPIENT ATTENTION: James Sain .:1David Berra, Project Manager 750 South 5'" Street Immokalee, Florida 31142 Email: David.Beffa@collicrcouniyfl.gov Telephone: (239) 269-6958 Exhibit "C" is amended as follows: � � K EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA A. Outcome Goals: list the outcome goal(s) from your approved application & subrecipient agreement. 9ut6 art: Complete .7esig., and ring Outcome 2 1: Complete construction and associated activities Outcome 3-2: Document that at least 51 % of persons served, are low to moderate income, to meet a CDBG LMI/LMA National Objective SIGNATURE PAGE TO FOLLOW Collier County Redevelopment Agency (Immokalee) Immokalee Sidewalks 2018 First Amendment CD18-03 16.B.1.a E m L a� a 0 c m E c CD E a L_ U. y.+ CD E t a 4 Packet Pg. 636 IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA am W. L. McDaniel Jr., CHAIRMAN COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) W. L. McDaniel Jr., CHAIRMAN Date: Collier County Redevelopment Agency (Immokalee) Immokalee Sidewalks 2018 First Amendment CD 18-03 16.B.1.a L1 Packet Pg. 637 ,F r 16.B.1.b FAIN # B -18 -UC -12-0016 Federal Award Date 10/2018 Federal Award Agency HUD CFDA Name Community Development BIock Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $200,000.00 Subrecipient Name Collier County Community Redevelopment Agency Immokalee DUNS# 076997790 FEIN 59-6000558 R&D No Indirect Cost Rate No Period of Performance 10/112018-04/30/2020 Fiscal Year End 9/30 Monitor End: 04/30/2025 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY REDEVELOPMENT AGENCY OMMOKALEE) m THIS AGREEMENT is made and entered into this day of. 20 ! by and between Collier County, Q a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address at v 3339 E Tamiami Trail, Naples FL 34112, and Collier County Community Redevelopment Agency (Inunokalee), ("SUBRECIPIENT"), having its principal office at 750 South 5t' Street in Immokalee, Y Florida, 34142. E E E 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 (CDBG) in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (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 2018-2019 for the CDBG Program with Resolution 2018-134 on July 10, 2018 — Agenda Item I IF; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised the 2018/2019 Annual Action Plan, on May 24, 2018, with a 30 day Citizen Comment period from May 24, 2018 to June 24,2018; and Collier County Redevelopment Agency (Immokalee) CD18-003 [mmokalee Sidewalks 2018 Packet Pg. 638 WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the County and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking the CDBG 18-003: Immokalee Sidewalk Improvements 2018. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART I SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Immokalee Sidewalks 2018 Description of project and outcome: CHS, as administrator of the CDBG program, will make available CDBG funds up to the gross amount of $200,000.00 to the Collier County Community Redevelopment Agency (Immokalee) to fund: The engineering, permitting, construction and associated activities for sidewalk installation/improvements on the south side of Immokalee on portions of Carver Street and South 5" Street. The project will be defined in the project plans, specification and schedule of values. 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this agreement, the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project, excluding Public Service projects. B. The following resolutions and policies must be adopted by the SUBRECIPIENT's governing body within sixty (60) days of this agreement: ❑ Affirmative fair Housing Policy ® Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy ® Procurement Policy ❑ Uniform Relocation Act Policy ® Sexual Harassment Policy 16.B.1.b U d 0 E Collier County Redevelopment Agency (Immokalee) �. CD18-003 � [mmokalee Sidewalks 2018 Packet Pg. 639 E 16.B.1.b ® Procedure for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12U.S.C. 794 1 u) ® Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) ® Fraud Policy C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed, and approved by HUD. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the HUD environmental clearance of funds and a CHS Notice to Proceed (NTP) letter. Violation of this provision will result in the denial of any reimbursement of funds under this Agreement. 1.2 PROJECT DETAILS A. Project Description/Project Budget Deseri tion I Federal Amount Project Component 1: Design and permitting of sidewalks installation/improvements $100,000.00 Project Component 2: Constructionn and associated activities to install/improve sidewalks in the defined project area. $100,000.00 Total Federal Funds: $200,000.00 The SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ❑ Maintain and provide to the County, as requested, beneficiary income certification documentation ® Maintain National Objective Documentation ® Provide Quarterly Reports on National Objectives and project progress ® Required attendance by a representative from executive management at quarterly partnership meetings, as requested by CHS. ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation. ® Identify Lead Project Manager ® Provide Site Design and Specifications ® Comply with Davis Bacon Labor Standards ® Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable affordability period for the project is met Collier County Redevelopment Agency (Immokalee) CD18-003 Immokaiee Sidewalks 2018 Packet Pg. 640 16.B.1.b B. National Objective The CDBG program funds awarded to Collier County must benefit low -moderate income persons (LMT). As such the SUBRECIPIENT shall be responsible for ensuring that all activities and beneficiaries meet the definition of: ® LMA — Low/Mod Area Benefit ❑ LMC ---- Low/Mod Clientele Benefit ❑ LMH — Low/Mod Housing Benefit ❑ LMS --- Low/Mod Job Benefit LMA: Must document where at least 51 % of the residents are LMI persons based on HUD determined eligible census tracts, Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMC: Must document that at least 51% of persons served, are low to moderate income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under, this agreement will require repayment of the CDBG investment under this agreement. LMH: Must document providing or improving permanent residential structures, which ° E upon completion will be occupied by LMI households. Structures with three or more units must E have at least 51% occupied by LMI households. Failure to achieve the national objective under this 00 agreement will require repayment of the CDBG investment under this agreement. t° LMJ: Must document job creation and retention. The LMI benefit national objective Q addresses activities designed to create or retain permanent jobs, at least 51% of which (computed v on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under cu this agreement. ° E E C, Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1 agreement agreement execution Insurance Insurance Certificate Within 30 days of agreement execution and Annually within th' 30 da s of renewal Detailed Project Schedule Project Schedule Within sixty (60) days of agreement execution Project Plans and Specifications Site Plans and Specifications Prior to procurement Subcontractor Log Subcontractor Log Initially at construction start, and uarterly thereafter Submission of Progress Report Exhibit C Quarterly reports. Annually after closeout. Collier County Redevelopment Agency (Immokalee) 063.8-003 Immokalee sidewalks 2018 Packet Pg. 641 Section 3 Report Quarterly report of new hire Quarterly within 10 days Project Component 1: Design information following the end of the quarter. and permitting must be provided as backup as evidenced Annually after closeout. Financial and Compliance Audit Exhibit E Annually, nine (9) months for proof of payment and any other additional Single Audit OR one hundred documentation as requested. ei (180) days after FY end Continued Use Certification Continued Use Affidavit, if Annually for 5 years after Construction and associated ap2licable meeting the National Objective Revenue Plan for maintenance Plan approved by the County Initial Plan due after completion and Capital Reserve G702-1992 form, or equivalent document of Construction and annually area. per contractor's Schedule of Values and after meeting the National any additional documents as needed. Ob' ective Program Income Reuse Plan Plan A roved by the Coun Not applicable D. Payment Deliverables Payment Deliverable Payment Supporting lloeumentation Submission Schedule Project Component 1: Design Submission of supporting documents Submission of and permitting must be provided as backup as evidenced monthly invoices. by contract, invoice, copy of permits, proof of payment and any other additional documentation as requested. Project Component 2: Submission of supporting documents Submission of Construction and associated must be provided as backup as evidenced monthly invoices. activities to install/improve by, banking documents, completed AIA sidewalks in the defined project G702-1992 form, or equivalent document area. per contractor's Schedule of Values and any additional documents as needed. The County will pay up to 90% of the total grant award or project costs upon proof of proper payment. The reinaining 10% of the award or Following close out project costs will be released upon final monitoring monitoring clearance and documentation of persons sewed For clarity, the County will not withhold 10% on each payment, rather, the last 10% will only be paid as previously specified. The final 10% of award or project costs will be eligible for reimbursement upon documentation that at least 51% of persons served are low to moderate income, to meet a CDBG National Objective. Failure by the 16.B.1.b v d d 0 E Collier County Redevelopment Agency (Immokalee) CD18-003 lmmokalee sidewalks 2018 Packet Pg. 642 E 16.B.1.b SUBRECIPIENT to achieve the National Objective will require repayment of the CDBG investment under this agreement. 1.3 PERIOD OF PERFORMANCE Services of the SUBRECIPIENT shall start on October 1, 2018 and shall end on April 30, 2020. This agreement shall remain in effect until all CDBG funds and program income are no longer under the control of SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available Two Hundred Thousand 001100, Dollars ($200,000.00) for use by the SUBRECIPIENT, during the term of the agreement (hereinafter, shall be referred to as the "Funds"). Modification to the `Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10% of the total funding amount and not amount to a change in scope. Fund shifts that exceed 10% of the agreement amount or changes in scope shall only be made with Board approval. 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 CHS. SUBRECII'IENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be :made to the SUBRECIPIENT, when requested, as work progresses but, not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the team of this agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State or Federal requirements. Except where disputed for noncompliance, Collier County Redevelopment Agency (Immokalee) CD18-003 Immokalee Sidewalks 2018 Packet Pg. 643 16.B.1.b payment will be made upon receipt of a properly completed invoice and in compliance with Ch.218, Part VII, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grants management rules for cost allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section. (Section 1.5 -Cost Principles) of this agreement, SUBRECIPIENT is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT 's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200326. Allowable costs incurred by the Subrecipients and Contractors shall be in compliance with 2 CFR Subpart E -Cast Principles. A Developer is not subject to 2 CFR Subpart E, however the County is Subject to 2 CFR Subpart E and may impose requirements upon the Developer, in order for the County to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. 1.6 NOTICES Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Lisa Oien, Senior Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Lisa.oien@colliercountyfl.gov Telephone: (239) 252-6141 SUBRECIPIENT ATTENTION: James Sainvilus, Project Manager 750 South 5t' Street Immokalee, Florida 34142 Email: James.sainvilus@colliercountyfl.gov Telephone: (239) 269-6958 Collier County Redevelopment Agency (Immokalee) C©18-003 I mmokalee Sidewalks 2018 Packet Pg. 644 PART II GRANT CONTROL REQUIIt1, ME, NTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the agreement for review, inspection or audit. Any deficiencies noted in audit reports roust be fully cleared by the SUBRECIPIENT within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning SUBRECIPIENT audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F -Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to determine compliance with the requirements of this agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records 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 CHS. Materials identified in the previous sentence shall be in aecordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this agreement. Collier County Redevelopment Agency (Immokalee) CD18-003 Immokalee Sidewalks 2018 8 16.B.1.b W W 0 E E 00 0 N C d E m a� a� a r m .Q m 0 c m E t ca r Q Packet Pg. 645 16.B.1.b D. Upon completion of all work contemplated under this agreement, copies of all documents and records relating to this agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall maintain all documents and records in an orderly fashion, in a readily accessible, permanent and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333, with the following exception: if any Iitigation, claim or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed, in writing, if an agency ceases to exist after closeout of this agreement of the address where the records are to be kept, as outlined in 2 CFR 200.336. The SUBRECIPIENT shall meet all Federal, State and Local requirements for retaining public records and transfer, at no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the COUNTY. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE c APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO E THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC co RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329 MichaelCoxcolliercoun fl. ov, 3299 Tamiami Trail E, Naples FL 341.12. 0 E E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of 9 1931, including files containing contractor payrolls, employee interviews, Davis -Bacon °r° wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records N showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal m purchasing requirements and with other federal requirements for grant implementation. a F. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. SUBRECIPIENT shall document how the National Objective(s), as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements, such as necessary and appropriate Collier County Redevelopment Agency (Immokalee) CD18-003 ' Immokalee Sidewalks 2018 9 Packet Pg. 646 16.B.1.b determinations, as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337. 99 10 0 Fri _CIMS _MSII_► During the term of this Agreement, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180) days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring � visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desk top 00 review of the activities may be conducted in lieu of an on-site visit. The continuation of this agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the 00 request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall v a� allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. o E E COUNTY will monitor the performance of the SUBRECIMENT in an attempt to mitigate fraud, 00 waste, abuse, or non-performance, based on goals and performance standards, as stated, with all N other applicable Iaws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will E E constitute noncompliance with this agreement. If corrective action is not taken by the L SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract a a suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the 'a COUNTY's internal auditor(s) access to all records related to performance of activities in this m agreement. 2.4 PREVENTION OF FRAUD AND ABUSE SUBRECIPIENT shall establish, maintain and utilize internal systems and procedures sufficient to prevent, detect and correct incidents of waste, fraud and abuse in the performance ofthis Agreement and to provide for the proper and effective management of all Program and Fiscal activities of the Collier County Redevelopment Agency (immokalee) C018-003 Immokalee Sidewalks 2018 10 Packet Pg. 647 16.B.1.b Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events are to be clearly documented and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall give COUNTY complete access to all of its records, employees and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate and prevent waste, fraud and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the v entity and will require a corrective action plan be submitted to the Division within m 15 days following issuance of the report. 0 E • Any pay requests that have been submitted to the Division for payment will be E held, until the corrective action plan has been submitted. ao • CHS will be available to provide Technical Assistance (TA) to the entity, as needed, in order to correct the non-compliance issue. 2. If in the ease an Entity fails to submit the corrective action plan in a timely manner to the Division, the Division may require a portion of the awarded grant amount be returned to the Division. The County may require upwards of five percent (5%) of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. • The entity maybe denied future consideration asset forth in Resolution 2013- 228. Collier County Redevelopment Agency (Immokalee) CD18-003 Immokalee Sidewalks 2018 11 Packet Pg. 648 16.B.1.b If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Division of their substantial non-compliance by certified mail; the Division may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, be returned to the Division.. • The Division may require upwards of ten percent (10%) of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. + The entity will be in violation of Resolution No. 2013-228. 4. If in the case after repeated notification the Entity continues to be substantially non- compliant, the Division may recommend the contract or award be terminated. • The Division will make a recommnendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for the project that was terminated. This includes the amount invested by the County for the initial acquisition of properties or other activities. • The entity will be in violation of Resolution No. 2013-228. Q If, in the case the Entity has multiple agreements with the Division, and is found to be non- v compliant, the above sanctions may be imposed across all awards at the BCC's discretion. 0 2.6 REPORTS E E Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this agreement, and on the resolution of monitoring findings identified pursuant to this agreement, as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April, July and October, respectively, for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to.include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "C". Exhibit "C" contains an example reporting form to be used in fulfillment of this requixement. Other reporting requirements may be required by the County Manager or designee, in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this agreement. Collier County Redevelopment Agency (immokalee) CD18-003 Immokalee Sidewalks 2018 12 S Packet Pg. 649 PART TH TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)), including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52 and (3) the SUBRECIPIENT is required to follow federal procurement and (4) for DEVELOPERS, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement rather than supplant funds otherwise available. 3.3 lNDEPENDENT CONTRACTOR Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this agreement, at any time, provided that such amendments make specific reference to this agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this agreement. The COUNTY may, in its discretion, amend this agreement to conform with Federal, State or Local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to 16.B.1.b Q U d 0 E Collier County Redeve€op€nent Agency (Immokafee) CD 8-003 fmmoka€ee Sidewalks 2018 13 Packet Pg. 650 E 16.B.1.b be undertaken as part of this agreement, such modifications will be incorporated only by written amendment, signed by both Grantee and SUBRECIPIENT. 3.5 AVAHIABILITY OF FUNDS The parties acknowledge that the Funds originate from CDBG grant funds from IIID and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this agreement. In the event of curtailment or non -production of said federal funds, or the reduction of funds awarded by HUD to Collier County, to a level, determined by the County Manager, to be insufficient to adequately administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not, be available. In either event, the COUNTY may terminate this agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and for County Administration, personally liable for the performance of this agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from, any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, 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 any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of 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. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue there -on. This Indemnification shall survive the termination and/or expiration of this agreement. 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. This Section shall survive the expiration or termination of this agreement. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public Collier County Redevelopment Agency (Immokalee) CD18-003 Immokalee Sidewalks 2018 14 Packet Pg. 651 16.B.1.b notices, whether printed or digitally prepared and released by the SU13RECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team, as well as Equal Housing Opportunity, to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this agreement: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement; C. Ineffective or improper use of funds provided under this agreement; D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this agreement; G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. Collier County Redevelopment Agency (Immokalee) CDJ 8-003 Immokalee Sidewalks 2018 15 Packet Pg. 652 16.B.1.b In the event of any default by SUBRECIPIENT under this agreement, the COUNTY may seek any combination of one or more of the following remedies: A. Require specific performance of the agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the COUNTY of all CDBG funds that SUBRECIPIENT has received under this agreement; D. Apply sanctions, if determined by the COUNTY to be applicable; E. Stop all payments, until identified deficiencies are corrected; F. Terminate this agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this agreement and in addition to any and all other remedies Q available to the COUNTY (whether under this agreement, or at law, or in equity), the v SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG fiends, per 24 CFR 570.503(b)(7). E E The COUNTY's receipt of any funds on hand at the time of termination shall not waive the 00 COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the N funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). E d 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until all insurance required, as outlined in Exhibit "A" and 2 CFR 200.310, has been obtained, and said insurance shall be carried, at all times, during SUBRECIPIENT's performance under the agreement. Collier County Redevelopment Agency (Immokalee) CD18-003 Immokalee Sidewalks 2018 16 Packet Pg. 653 16.B.1.b 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECE?IENT agrees to perforin the Scope of Work in compliance. with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.12 PURCHASING SUBRECIPMNT is required to follow Federal Procurement standards at (2 CFR 200.318 through .326) and Collier County's purchasing thresholds. ' Range: Competition Required: $3,000' or less Single Quote with documentation $3,000 - $50,000 3 Written Quotes $50,000- Formal Solicitation ITB, RFP, etc. All improvements specified in Part 1. Scope of Work 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 contracts for improvements with the lowest, responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.13 PROGRAM GENERATED INCOME No Program Income is anticipated. In the event Program Income is derived from the use of CDBG funds disbursed under this agreement, such Program Income shall be utilized by the SUBRECIPMNT for CDBG-eligible activities, approved by COUNTY. Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When program income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program, for further reallocation. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are r completed. The SUBRECIPIENT may close out the project with the COUNTY after the five (5) Q year continued use period has been met. The continued use period shall commence with the Collier County Redevelopment Agency (Immokalee) C©18 003 Immokalee Sidewalks 2018 17 Packet Pg. 654 16.B.1.b SUBRECIPIENT meeting the National Objective. 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, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343. 3.15 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. 316 OPPORTUNITITES FOR SMALL AND MINORITYIWOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. Collier County Redevelopment Agency (immokalee) CD18-00a lmmokalee Sidewalks 2018 18 Packet Pg. 655 16.B.1.b 3.17 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 or presumed to be low to moderate income persons based on applicable regulation, if the agreement is meeting a national objective through a LMI strategy. 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 "C" of this agreement. 3.18 AFFERMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry. out, pursuant to the COUNTY's specifications, an Affirmative Action Programa, in keeping with the principles as provided in President's Executive Order 112€6 of September 24, 1966. The COUNTY shall provide Affrrmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the continued use period and must be submitted to County within 30 days of update/modification. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in.connection with the Project, has any personal financial interest, direct or indirect, in the Project 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. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled, in whole or in part, by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that'the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT, its employees or its contractors shall be disclosed, in writing, to CHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum Collier County Redevelopment Agency (Immokalee) CD18-003 Immokalee Sidewalks 2018 19 Packet Pg. 656 16.B.1.b opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious -organizations only in accordance with requirements set in Section 24 CFR 570.2000). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain its independence from Federal, State and Local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing. D. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3.21. INCIDENT REPORTING If services to clients are to be provided under this agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. 3.22 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. Collier County Redevelopment Agency (Immkalee) C©18-003 Immokalee Sidewalks 2018 20 Packet Pg. 657 16.B.1.b PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program lift s://www.ecfr. ov/c i-lain/text-idx?t 1=/eefrbrowse-/Titte24/24efr570 main 02,t I 4.2 24 CFR 5 8 - The regulations prescribing the Environmental Review procedure. Link: htt s://www.eefr. ov/c i-bin/text-idx? l=/ccfrbrowse/Titte24/24efr5 8 main 02.t 1 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended htt s:/I oilat.hud. ov/hud ortaURUD?sre-/ ra -ain offices/fair housing e ual o /FHLaws/10 9 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Q Act. U http://www.hud.gov/offices/fheo/library/huddojstatement.pdfhttps://www.hud.gov/program of fices/fair_housing equal_opp/ReasonableAccommodationsl5 c Executive Order 11063 -- Equal Opportunity in Housing E ht(ps://www.liud.gov/program offices/fair housing equal o /FHLaws/EX011063 E Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs 00 htts: w //ww.archives. ov/federal-re ister/codification/executive-order/l2259.html o 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. Q haps://www.law.comell.edu/cfr/text/24/part-.1.07 v a� a� 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title V111 of the Civil Rights Act of 1968 as amended https://www.hud.gov/progTamdescription/title6_ E E 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.goo._gov/fdsys/plea CFR-2007-title24-vola/pdf/CFR-2007-title24-vola-sec570- 602.pdf 4.7 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 and as supplemented in Department of Labor regulations. EO 11246: htt s://ww�v.hud. ov/program offices/fair housing e ual o /FHLaws/EXO1I246 EO 11375 and 12086: see item #8 below 4.8 Title V11 of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. Collier County Redevelopment Agency (Immakalee) CD18-003 Immokalee Sidewalks 2018 21 Packet Pg. 658 16.B.1.b hqps://Nvww.hud.gov/pro,graigdescription/title6 4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal -financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this agreement: "The work to be performed under this agreement is a project assisted under a program providing Y direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the ° E Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires E that to the greatest extent feasible opportunities for training and employment be given to low- and 00 W very low-income residents of the project area, and that contracts for work, in connection � with the project be awarded to business concerns that provide economic opportunities for low- Q and very low-income persons residing in the metropolitan area in which the project is located." U d The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- ° E based paint hazards), housing construction, or other public construction project are given to low- E and very low-income persons residing within the metropolitan area in which the CDBG-funded 00 CD Project is located; where feasible, priority should be given to low- and very low-income persons N within the service area of the project or the neighborhood in which the project is located, and to m low- and very low- income participants in other HUD programs; and award contracts for worI, E m undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- a� based paint hazards), housing construction, or other public construction project to business Q r concerns that provide economic opportunities for low- and very low-income persons residing ami within the metropolitan area in which the CDBG-funded project is located; where feasible, priority .2 - should be given to business concerns that provide economic opportunities to low and very low-. income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. https://www.hud.gov/sites/docurnents/DOC 12047.PDF E E �a The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that Q would prevent compliance with these requirements. Collier County Redevelopment Agency (Immokalee) CD18-003 Immokalee Sidewalks 2418 22 Packet Pg. 659 4.14 htt s:llwcvw.ecfr. ov/e i-bin/text-idx?c=ecfr&t 1-/ecfrbrowse/Title24/24cfrl35 main 02.t l Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.hud.gov/prograrn_offices/fair_housing_equal—opp/FHLaws/109 https://poital.hud.gov/hudpoitaUHUD?src--_/Progratti offices/fair housing e ual o /FHLaws/E X011063 11246: hgps://www. dol. gov/ofeep/regs/statutes/eo 1124 6.htm 11375: Amended by EO 11478 11478: hgps://www.archives.g v/federal-re,gister/codificatioii/executive-order/11A7.8-.html 12107: h s://www.archives. ov/federal-re ister/codification/executive-order/12107,htini 12086: httl2s•//wN w.archives.gov/federal-regiister/codification/exccutive-order/12086.litm] 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. httDs://Nv-%N,rv.dol.gov/whd/regs/statutes/safe0l.pdf 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: littl)s://www.epa.gov/civilrights/sec5O4.htm 29 USC 776: liitps://Iaw.oneele.com/uscode/29/776.btmi 24 CFR 570.614: liiips://www.law.cotnell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https.://www.hud.aov/hudprogaML/eohudap 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. littps://,vNivw.fliwa.dot.gov/real estate/uniform act/irndex.cfm 4.15 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). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States - htips.://w,,"v.law.comell.edu/cfr/tq&t/29/pait-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) https://w,iA,w.law.cortiell.edu/cfr/text/29/ alt -5 Collier County Redevelopment Agency (Immokalee) CD18-003 Immokalee Sidewalks 2018 23 16.B.1.b U m 0 E Packet Pg. 660 E 16.B.1.b Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. littps://wkvw.presidency.ucsb.edu/ws/index.plip?pid=23675 4.16 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. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. letts://www.archives. ov/federal-re ister/codificatioii/executive-order/l1625.htnil 4.17 The SUBRECIPIENT agrees to comply' with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 570.607: bttps•//wrvwgpo gov/fdsys/pkv/CFR-2010-title24-vol3/pdf/CFR-2010-_title24 vola-sec570-608. df E.O. 13279: http,//www.fedaoveontracts.coRi/peO2-96.htm 4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988. https://www.nebi.tilm.nih.aov/pubmed/12289709 4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https•//Nvzvw.ecfr.g_ov/cgi-bin/text-idx?tpl�/ecfrbrowse/Title02/2cfr200 main 02.1p 4.20 Immigration Reform and Control Act of 1986 https://www.ceoc.gov/eeoc/history/3 5th/thelaw/irea:htmi 4.21 Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loam, 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. Florida Statutes- littps:l/www.lawserver.coin/law/state/florida/statutes/tlorida. statutes chapter 112 _part �iii Collier County- http://Nvww.collier,-,ov.net/liome/showdocument?id-=3 51.37 4.22 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 Collier County Redevelopment Agency (Immokalee) CD18-003 immokalee sidewalks 2018 24 Packet Pg. 661 16.B.1.b be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.23 Venue -Any suit of 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, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this agreement r c to resolve disputes between the parties, the parties shall mare a good faith effort to resolve any d such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by E COUNTY'S staff person who would mare the presentation of any settlement reached during Q negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of ;n ii depositions in any litigation between the parties arising out of this agreement, the parties shall Q attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator v certified by the State of Florida. Should either party fail to submit to mediation as required (D hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida c Statutes. The litigation arising out of this agreement shall be adjudicated in Collier County, Florida, E if in state court and the US District Court, Middle District of Florida, if in federal court. BY E ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND TIIE SUBRECIPIENT 00 EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY o OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. Q hi!ps://www.flsenate.aov/Laws/Statutes/2012/44.102 v aD m 4.25 The SUBRECIPIENT agrees to comply with the following requirements: c a. Clean Air Act, 41 USC 7401, et seq. littps:!/w�",t,.Iaw.cornell.edu/uscode/text/42/7401 E b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. E https://www.law.cornell.eduluscode/text/33/chapter-26 00 4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), 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. https:/lwAvw.law.cornell.edu/cfr/text/24/570.605 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. https.://www.gpo.aov/fdsys/graiiule/C.FR� 2000-title24-vo13/CFR-2000-title24-vol3-sec570-608-id 163 Collier County Redevelopment Agency (Immokalee) Ca18-003 Immokalee Sidewalks 2018 25 Packet Pg. 662 16.B.1.b 4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation; Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. htts://wm,Nv,n s. ov/histor /local-law/nh al966.htin htt.ps://www.eefr,gov/egi-biii/text- idx?c=ecfr&t 1=/eefi-browse/Title36/36cfi,800 main 02.t l In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State or Local historic property list. littps://Nvww.iips.gov/liistoM/local-law/nhpal966.hti-n 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). htts://wxvw. o. ov/fds sf •anule/IJSCODE-2009-titte4l[[JSCODE-2009-title4l-eha i0- sec701 4.30 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 as outlined in 24 CFR 570.609, Subpart K. https://Nvww.law.coi-iiell.edu/cfi-/text/24/570.609 4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, 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. These requirements are enumerated in 2 CFR 200, et seq. 4.32 Single Audits shall be conducted annually, in accordance with 2 CFA 200.501, and shall be submitted to the County nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPMNT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. Per 2 CFR 200.344, if this agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. htt s://www.ecfr.gov/c i-bin/text- idx?51D=5a78addefflca535e83fed3010308aef&mc=true&node=se2.1.200 1344&r n=div8 Collier County Redevelopment Agency (Immokalee) CD18-003 Immokalee Sidewalks 2018 26 Packet Pg. 663 16.B.1.b 4.33 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 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. !r s://www. o. ov/fds s/ ranule/CFR-1999-title49-voll/CFR-1999-title49-voll-sec24-101 htt s://www. o. ov/fds s/ ranule/CFR-2012-title24-vol3/CFR-2012-title24-vola-sec570-505 4.34 As provided in § 287.133, Florida Statutes, 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), Florida Statutes. littp://www.jeg.state.fl.us/Statiites/iiidex.e.fm?App mode=Dis lav Statute&Searclr Stria —&UR L=0200-0299/028 7/Sections/02 87.13 3 .htm 1. 4.35 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, loam, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPiENTS shall certify and disclose accordingly. 4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. littps://www.gsa.gov/portal/content/104877 4.37 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. littps://www.govregs.com/regtilations/Mand/title24 patt5 sub artA section5,106 Collier County Redevelopment Agency(Immokalee) CDIB-003 Immokalee Sidewalks 2018 27 Packet Pg. 664 16.B.1.b 4.38 Housing Counseling, including homeownership counseling or rental housing counseling , as defined in §5.100, required under or provided in connection with any program administered by HELD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. https://www.eefr. goy'/c/cgi-bin/text- idx?SID—e339ece9fdfdl479cab67e850c7eddd4&node=24:2.1.1.2.10.4&r n-div6 littps://www.law.comell.edu/cfi-/text/24/5.1 11 4.39 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual'orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. h s://www.federalre ister. ov/documents/2016/11/16/2016-25888/violence-a ainst-women- reauthorization-act-of-2013-impleinentation-in-hud-housing-pro rg ams 4.40 Any rule or regulation determined to be applicable by HUD. 4.41 Florida Statutes 713.20, Part 1, Construction Liens https://www.leg.state.fl.us/Statutes/iiidex.cfni?App mode=Display Statute&URL-0700- 0799/0713/0713.htm1 4.42 Florida Statutes 119.021 Records Retention hgp://www.leR.state.fl.us/Statutes/index.efi-n?App mode=Dist)lav Statute&URL=0100- a 0199/0119/Sections/0119.021.htm1 v a� a� 4.43 Florida Statutes, 119.071, Contracts and Public Records Y 0 E littp://www.leg.state.fl.us/Statiites/indox.efin?App mode—Dis la Statute&URL=0100- E 0199/0119/Sections/O119.021.html O0 T (Signature Page to Follow) OAR,, County Redevelopment Agency (€mmoka€ee) CD18 003 Immokalee Sidewalks 2018 28 Packet Pg. 665 IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K.. CLERK r� T CLERK s��a#are only Dated: (SEAL) Approved to form and legality: ; Jennifer A. Belpedio Assistant County Attorney Date: q I II R: S'OLIS, CHAIRMAN Date: 16.B.1.b OF COLLIER COUNTY COMMUNITY REDEVELOP>WINLAGENCY (IMMOKALEE) By:„� W& iam L. McDaniel. Jz ., Chairman Date: a v a� a� 0 E E Collier County Redevelopment Agency (Immokalee) CD18-003 Immokalee Sidewalks 2018 29 Packet Pg. 666 16.B.1.b PART V EXMI1TS :- INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: I . Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance; in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in I -- 3 above, a Certificate of Insurance must be provided as follows: c� a� m 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design c professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per E occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the E design professional shall become legally obligated to pay as damages for claims arising out of the c 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 E the certificate of Occupancy is issued. Collier County shall be named as an additional insured. 4) 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 certificates indicating the following types of insurance coverage prior to any construction: Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one hundred (100%x) 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. Collier County Redevelopment Agency (Immokalee) CD18-003 Immokalee Sidewalks 2018 30 Packet Pg. 667 16.B.1.b 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). 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. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured. 10. 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 Q to this coverage A.T.I.M.A. v a� m 11. 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 E National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee E A.T.I.M.A. 00 Collier county Redevelopment Agency (Immokalee) CD18 003 Immokalee Sidewalks 2018 31 Packet Pg. 668 EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Nance: _Collier County Redevelopment Agency (Immokalee) Subrecipient Address: _750 South 5t' Street Immokalee, FL. 34142_ Project Name: Immokalee Sidewalk Improvements 2018_ Project No: CD 18-003 Payment Request # Total Payment Minus Retainage_Not applicable Period of Availability: tbrough Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS 1.Grant Amount Awarded 2.Sum of Past Claims Submitted on this Account 3.Total Grant Amount Awarded Less Sum of Past Claims Submitted on this Account 4.Amount of Today's Request 5.10% Retainage Amount Withheld (if applicable) 6.Current Grant Balance (Initial Grant Amount Award request) ( includes Retainage) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Date Authorizing Grant Accountant 16.B.1.b Supervisor Division Director Q (Approval required $15,000 and above) (Approval Required $15,000 and above) Collier County Redevelopment Agency (Immokalee) CD18-403 Immokalee Sidewalks 2018 32 Packet Pg. 669 16.B.1.b EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA GENERAL -Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance Reports. The County reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. Agency Name: Collier County Redevelopment Agency (Immokalee) Date: Project Title: Immokalee Sidewalk Improvements 2018 Program Contact: James Sainvilus Telephone Number: 239-269-6958 Activity epo g erio(I Repart Me Date October 1st -December 31st January I oth IDIS January 1st March 31st April April 10th 1st June 30th July 10th July 1st -September 30th October 10th *REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/18 © 03/31/19 11 06/30/19 Q 09/30/19 11 Please take note: The CDBG/IIOME/ESG Program year begins October 12018 -September 30, 2019. Each quarterly report needs to include cumulative data bei;inning from the start of the program year October 1, 2018. Please list the outcome goal(s) from your approved application & subrecipient agreement and indicate your progress in meeting those goals since October 1, 2018. w A. Outcome Goals: list the outcome goal(s) from your approved application & subreci fent agreement. Outcome 1: Complete design and permitting Q U Outcome 2:Complete construction and associated activities tv m Outcome 3: Document that at least 51% of persons served, are low to moderate income, in order to meet a CDBG LMI/LMA E ational Objective E B. Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: Outcome 2: Outcome 3: 2. Is this project still in compliance with the original project schedule? Yes No If No Explain: 3. Since OctobI er , - o the persons assisted, ow many.... saver or u is Facilities astructure Activities *03 Matrix Codes b. now have new access (continuing) to this service or benefit? 0 ...now have improved access to this service or benefit? 0 C. ...now receive a service or benefit that is no longer substandard? 6 Total 0 Collier County Redevelopment Agency (Immakalee) CD18--003 Immokalee Sidewalks 2018 33 Packet Pg. 670 q What funding sources did the subrecipient apply for this period? Section 108 Loan Guarantee CDBG $ Other Consolidated Plan Funds HOME Other Federal Bunds ESG State / Local Funds HOPWA Total Entitlement $ Funds 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b not both. For LMC activities: people, race/ethnicity and income data is reported by persons. For LMH activities: Households, race/ethiaicity and income level data are reported by households, regardless the number of persons in the household. a. Total No. Persons/Adults I�. l Total No. of persons served under 18: (LMC) served:(LMC) QTR TOTAL # of Persons: 0 QTR TOTAL # Persons: 0 b. Total No. of Households served: 0 Total No. of female head of household :(LWI) 0 OTR TOTAL # of OTR FHH 0 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b not both a. Total No. Persons/Adults served:(LMC) 0 Total No. of persons$ervedunder 18: 0 (LMC) I 6 YTD TOTAL: 0 YTD TTL: 0 b' Total No. of Households served: (LMH) 0 Tota[ No. of female head of 0 household: (LMI-p YTD TOTAL:. 0 Y'ID TOTAL: 1 0 Complete EITHER question 7 or question 8 not both Complete question lt7a and 7b if your program only serves clients in one or more of the: listed HUD Presumed Benefit tate ones. _ PRESUMED BENEFICIARY DATA ONLY: Indi7. (I,MC) Quarter calet a Iota num er o persons served thisua arter ,who fall into each presumed benefit category (the total should equal the total in question #6 a or 6 b) : a. Presumed Benefit Activities Only: QTR b. 0 Abused Children 0 Homeless Person 0 Migrant Farm workers 0 Battered Spouses 0 Persons w/ HIV/AIDS 0 Elderly Persons 0 illiterate Adults 0 Several Disabled Adults 1 0 1 QUARTER TOTAL ELI El LI LI LI LI LI or MOD LI Li PRESUMED BENEFICIARY DATA ONLY: (LMC) YTD. ludreate the total number of rt�crsons servea since October I who fall into each presumed benefit category (ilia total should equal the total in question lib a or 6 b) : Prnc..marl P -4;f AMI—iFi— rr.l.. - rl.a„t('.) vn•n 0 Abused Children 0 Homeless Person 0 Migrant Fame workers 0 Battered Spouses 0 Persons w/ H1V/AIDS 0 Elderly Persons 0 Ulliterate Adults 0 Severely Disabled Adults ) a JYTD IOIAi, ELI ELI LI LI LI LI or IMOD LI LI 16.B.1.b Collier County Redevelopment Agency (Immokalee) CD18-008 Immokalee Sidewalks 2018 Packet Pg. K, a. Complete question #8a and 8b if any client in your program does not fall into a Presumed Benefit category. OTHER BENEFICIARY DATA: INCOME RANGE OTHER BENEFICIARY DATA: INCOME RANGE Indicate the total number of UNDUPLICATED persons served this QuUqer_Djn who all into each income category (the total should equal the total in question 46): Indicate the total number of UNDUPLICATED—persons served since October 1 YTD who fall into each income category (the lainl should equal the total to question #6): ELI Extremely low Income (0-30%) 0 ELI Extremely ]aw Income( -30% 0 U Low Income (3150%) 0 1 €1Low Income (31-50%) 0 MOD Moderate Income (51-80%) 0 MOD Moderate Income (51-80%) 0 NON -LOW Above Moderate Income (>80%) 0 NON -LOW Above Moderate Income (>80%) 0 QTR TOTAL: 0 YTDOTAL: I 9. 1 Racial & Ethnic Data: if applicable) Please indicate haw many UNDUPLICATED Please indicate howmanyUNDUPLICATED clients served this Quarter (QTR) fall into clients served since October(YTD) fall into each race category. In addition to each race category, each race category. In addition to each race please indicate how many persons in each race category, please indicate how many persons in category consider themselves Hispanic (Total Race eachr'acecategory considertherirselves column should equal the total cell). Hispanic (Total Race column should equal the total cell). a. Title: b. Native B Hawaiian/Other Pacific Islandea n Indian/Alaskan Native & Whitt Black/African American & White BlacIdAfricau Am Other Multi-raci: RACE RACE E`HNICITYI HISPANIC White 0 0 B1ac3JAfiican American 0 0 Asian 0 0 ,American IndianlAlaska Native 0 0 Native Hawaiian/Other Pacific Islander 0 0 American Indian/Alaskan Native & White 0 0 BlackiAlfrican American & White 0 0 Am, Indian/Alaska Native & Black/African Am, 0 0 Other Multi -racial 0 0 0 0 Title: b. Native B Hawaiian/Other Pacific Islandea n Indian/Alaskan Native & Whitt Black/African American & White BlacIdAfricau Am Other Multi-raci: RACE E'I HMCMI IHSPANJC 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11 0 0 0 0 Signature: Your typed name here represents your electronic Signature 16.B.1.b Collier County Redevelopment Agency (Immokalee) CD18-003 Immokalee Sidewalks 2018 35 Packet Pg. 672 16.B.1.b EXHIBIT D INCOME CERTIWCATION INSTRUCTIONS Complete fort., and retain appropriate supporting documentation, to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on band for future monitoring visits. Effective Date: A. Household Information. Member Names — All Household Members Relationship Age 1 1 2 2 3 4 5 4 6 5 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave blank. B(c) Collier County Redevelopment Agency (Immokalee) CD18-003 Immokalee Sidewalks 2018 Packet Pg. 673 E 16.B.1.b C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages ! Benefits / Public Other Salaries Pensions Assistance Income (include tips, Asset commissions, Income bonuses, and overtime) (Enter the 1 greater of 2 box B(b) or box B(c), 3 in above, box C(e) 5 below) 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a) through C(c). 0.00 This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. Uwe certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. v a� m WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations c concerning income and assets or liabilities relating to financial condition is a misdemeanor of the E first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083. E Signature of Head of Household Date Signature of Spouse or Co -Head of Household Date Adult Household Member (if applicable) - Date Adult Household Member (if applicable) Date Collier County Redevelopment Agency (Immokalee) CD18-003 Immokalee Sidewalks 2018 Packet Pg. 674 E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: ❑ Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/50 of the Very Low Income (60% of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as deter`txrined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based upon the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Printed Name F_ Household Data Date Title 16.B.1.b Number of Persons B Race / EthniciN By Age Native American Hawaiian or Other 0— 26— 41— Indian Asian Black Other Pac. White 25 40 61 62+ Islander Hispanic Non - Hispanic NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. Q U O d O E Collier County Redevelopment Agency (immokalee) CD18-003 Immokalee Sidewalks 2018 Packet Pg. 675 E 16.B.1.b EXHIBIT E ANNUAL AUDIT MONITORING REPORT z 06/18 a Collier County Redevelopment Agency (Immokalee) CD18-403 Immokalee Sidewalks 2018 Packet Pg. 676 Check A. or B. Check C if applicable ° E A. The federal/state expenditure threshold for our fiscal year ending as indicated above has E ❑ been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed 00 or will be completed by . Copies of the audit report and management letter T- T- are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: v ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ ❑ Are a for-profit organization ❑ Are exempt for other reasons — explain c An audited financial statement is attached and if applicable, the independent auditor's management E letter. E C. Findings were noted, a current Status Update of the responses and corrective action is00 plan included separate from the written response provided within the audit report. While we N understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide E just a copy of the written response from your audit report, unless it includes details of the 2 actions, procedures, policies, etc. implemented and when it was or will be implemented. a Certification Statement c hereby certify that the above information is true'and accurate.' �. Signature Date Cn c Print Name and Title z 06/18 a Collier County Redevelopment Agency (Immokalee) CD18-403 Immokalee Sidewalks 2018 Packet Pg. 676