Agenda 11/18/2008 Item #16D 1
Agenda Item No. 16D1
November 18, 2008
Page 1 of 29
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve and authorize the
Chairman to sign a subrecipient agreement providing for a $72,231.00 Housing and Urban
Development (HUD) grant to The City of Marco Island for the installation of sidewalks.
OBJECTIVE: To provide Community Development Block Grant (CDBG) grant funds to The
City of Marco Island for the purpose installing sidewalks.
CONSIDERATIONS: The Collier County Housing & Human Services Department proposes
to provide $72,231.00 from CDBG funds for a grant to The City of Marco Island.
This project will conshuct 1235 linear square feet of pedestrian sidewalk adjacent to both sides'"
of 5th Avenue which is locatcd within Thc City of Marco Island.
On April 22, 2008 the Board of County Commissioners adopted Resolution No. 2008-121
approving the submission of the One-Year Action Plan for FY 2008 - 2009 to HUD. This Action
Plan provided a summary of the projects to be funded between Jnly 1, 2008 and June 30,2009.
The project included in this agreement was approved as part of the FY 2008-2009 Action Plan.
FISCAL IMPACT: Approval of this agreemcnt will provide a grant in the amount of
$72,231.00 to The City of Marco Island for the installation of sidewalks. No general funds are
being utilized in this CDBG project.
GROWTH MANAGEMENT IMPACT: This grant will allow The City of Marco Island to
install sidewalks. This project is consistent with the Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attomey's Office.
It is legally sufficient for Board action. -C.M.G.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes
the Chairman to sign a subrecipient agrcement providing for a $72,231.00 grant to The City of
Marco Island using HUD Commnnity Development Block Grant (COB G) funds.
Prepared by: Sandra Marrero, Grants Coordinator
Housing and Human Services Department
"._-",
Agenda Item No. 1fD1
November 18, 2 08
Page 2 0 29
AGREEMENT BETWEEN COLLIER COUNTY
AND
THE CITY OF MARCO ISLANO
SIDEWALK PROJECT - 5TH AVENUE
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # B-08-UC-12-0016
THIS AGREEMENT, is made and entered into by and between Collier County, a political subdivision of the
State of Florida, hereinafter referred to as "COUNTY'" and "The City of Marco Island," a municipality
existing under the laws of the State of Florida., having its principal office at 50 Bald Eagle Drive, Marco
Island. FL 34145, and its Federal Tax Identification number as 59-347-9845, hereinafter referred to as
"SUBRECIPlENT".
WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and
Urban Development for a grant for the execution and implementation of a Community Development Block
Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community
Development Act of 1974 (as amended); and
WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking c~n activities to primarily
benefit low and moderate income persons and neighborhoods and to alternatively use Community
Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to
improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and
other activities which are related to neighborhood/community improvements; to improve the condition of life
for persons who require physical access or other services that meet their individual needs; and to provide for
long range community improvements by assessing current conditions and planning long range improvement
programs as described in the Consolidated Plan submission; and
WHEREAS, the Fiscal Year 2008-2009 Consolidated One-Year Action Plan was developed following the
Collier County Consotidated Plan - Citizen Participation Plan, adopted on January 9. 2001 and April 22,
2008; and
City of Marc 0 Island. 2008 CDBG
Sidewalk Project
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Agenda Item No. 1601
November 18, 2008
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WHEREAS, the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2008-2009 for the CDBG Program with
Resolution 2008- J1L on April 22, 2008, and
WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the
County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2008-2009 for the CDBO Program
and the use of the CDSO funds for the activities identified in the Plan; and
WHEREAS, the COUNTY and the SUBREClPIENT desire to provide the activities specified in Exhibit A of
this Agreement, in accord with the approved Annual Consolidated Plan; and
WHEREAS, the COUNTY desires to engage the SUBREClPIENT to implement such undertakings of the
Community Development Block Grant (CDBG) Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed
by the Parties as follows:
I. DEFINlTlONS
(I) "COUNTY" means Collier County, and where applicable, it's authorized representative(s).
(2) "eDBO" means the Community Development Block Grant Program of Collier County.
(3) "HHS" means the Housing and Human Services Department oreallier County.
(4) "SUBRECIPIENT" means The Citv of Marco Island
(5) "HHS's Approval" means the vmtten approval of the Housing and Human Services
Department or designee.
(6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a
person authorized to act on its behal f.
(7) "Low and moderate income persons" means the definition set by HUD.
(8) "Project" means the work contemplated to be performed as set forth in Exhibit "A".
II. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as detennined by HHS, perform the tasks
necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement
using Exhibit "B" along with the monthly submission of Exhibit "E," all of which are attached hereto and
made a part hereof.
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Sidewalk Project
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Agenda item No. 16D1
November 18. 2008
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III. TIME OF PERFORMANCE
The effective date of this Agreement shall be July I, 2008, and the services of the SUBRECIPIENT shan be
undertaken and completed in light of the purposes of this Agreement. In any event, all services required
hereunder shall be completed by the SUBRECIPIENT prior to June IS, 2009. Any funds not obligated by the
expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part V11I (F) (5),
and Part V11I (H) below.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs,
determined by COUNTY, in an amount not to exceed SEVENTY TWO THOUSAND TWO HUNDRED
THIRTY ONE DOLLARS($72.231) for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put
out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The
SUB RECIPIENT shall enter into contract for improvements with the lowest responsive and qualified bidder.
Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which
shall have access to all records and documents related to the project.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office,
presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Ftorida 34104, and to the
SUBRECIPIENT when delivered to its office at the address listed on page one (t) of this Agreement.
VI. SPECIAL CONDITIONS
The SUBRECIPIENT agrees to compty with the requirements of Title 24 Code of Federal Regulations, Part
570 of the Housing and Urban Development regulations concerning Community Development Block Grants
(CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT
further agrees to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available for specified activities.
VII. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT ACCORDING TO REOUIRED PROCEDURES
The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal,
State, and County laws, ordinances and codes and with the procedures outlined in HHS'
Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth by HHS.
No payments will be made until approved by the HHS Department or designee.
Should a project receive additional funding after the commencement of this Agreement, the
SUB RECIPIENT shall notify HHS in writing within thirty (30) days of receiving notification
from the funding source and submit a cost allocation plan for approval by the HHS Department
or designee within forty-five (45) days of said official notification.
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Sidewalk Project
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Agenda Item No. 1601
November 18, 2008
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B. DEBARMENT:
In accordance with 24 CFR part 135, the SUBREC!PIENT certifies that neither it, nor its
principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal Department or
agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract,
or other covered transaction, with a person who is similarly debarred or suspended from
participating in this covered transaction.
C. COMPLIANCE WITH LOCAL AND FEDERAL RULES. REGULA nONS AND LAWS
During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any
applicable laws, regulations and orders listed below which by reference are incorporated and
made a part hereof. The SUB RECIPIENT further agrees to abide by all other applicable laws.
1. 24 CFR Part 570, as amended - The regulations governing the expenditure of
Community Development Block Grant funds.
2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure.
3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of
historic and cultural properties.
4. 24 eFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil
Rights Act.
5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which
establishes hiring goals for minorities and women on projects assisted with federal
funds.
7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972 - which prohibits discrimination in employment.
8. 24 CFR 13S - Regulations outlining requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
9. Age Discrimination Act of 1973
10. National Flood Insurance Act of 1968
11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally
assisted construction contracts.
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Sidewalk Project
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Agenda Item No. 1601
November 18, 2008
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12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water
Pollution Acts.
13. Contract Work ~ Hours and Safety Standards Act
14. Lead Based Paint Poisoning Preventive Act
15. Section 504 of lhe Rehabilitation Act of 1973
16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
17. 29 CFR Parts 3, 5 and Sa - 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, which describes the Davis-Bacon Act, is
included as part of this agreement and must be included in all construction contracts
funded by CDBG.
18. Revised Order Number 4 - Regulations that establish guidelines for the
implementation of Executive Order 11246 as amended by Executive Orders 11375 and
12086.
19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
20. 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.
21. 29 CFR Part 3 - The Copeland Anti-Kickback Act 8 U.S.c. 874 and 40 U.S.C. 276c),
which deals with employee forfeiture of compensation by force.
22. Florida Statutes, Chapter 112 - which deals with conflict of interest.
23. HUn - required reports, circulars, and procedures, such as the Grantee Performance
Report.
24. Public Law 100-430 - the Fair Housing Amendments Act of 1988.
25. 24 CFR 570, Subpart J - regulations covering standard Grant Administration
Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR
570.502.
26.0MB Circular A-133 ~ concerning annual audits.
27.0MB Circular A-122 - which identifies cost principles.
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Sidewalk Project
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Agenda Item No. 16D1
November 18, 2008
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28. Section 109, Public Law 100-202 ~ which restricts the awarding of public works
contracts to firms from foreign countries with unfair trade practices.
29. 24 CFR Part 84 - OMB Circular A-I 10 Codified in the Unifonn Administrative
Requirements for Grants and Agreements With Institutions of Higher Education,
Hospitals and Other Non-Profit Organizations.
30. 24 CFR Part 85- OMB Circutar A-I02 Codified in the Unifonn Administrative
Requirements for Grants and Agreements to State and Local Governments.
31. Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, ~ ~ and
regulations relating thereto. Failure by the SUB RECIPIENT to comply with the laws
referenced herein shall constitute a breach of this agreement, and the County shall have
the discretion to unilaterally terminate this agreement immediately.
32. Prohibition Of Gifts To County Employees- No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of
value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes,
Collier County Ethics Ordinance No. 2004~05, as amended, and County Administrative
Procedure 5311.
33. Order of Precedence - In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of the Agreement shall take precedence over the
terms of all other Contract Documents, except the terms of any Supplemental
Conditions shall take precedence over the Agreement. To the extent any conflict in the
terms of the Contract Documents cannot be resolved by application of the Supplemental
Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the
more strict or costly obligation under the Contract Documents upon the Contractor at
Owner's discretion.
34. Venue ~ Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
35. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of SUB RECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached
during negotiations to COUNTY for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shat! be attended by representatives of SUBRECIPIENT with fut! decision-making
authority and by COUNTYS staff person who would make the presentation of any
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Sidewalk Project
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Agenda Item No. 16D1
November 18. 2008
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settlement reached at mediation to COUNTY'S board for approval. Should either party
fail to submit to mediation as required hereunder, the other party may obtain a court
order requiring mediation under section 44.J 02, Fla. Stat.
D. SUBCONTRACTS
Any work or services subcontracted by the SUB RECIPIENT shall be specifically by written
contract or agreement, and such subcontracts shall be subject to each provision of this
Agreement and applicable County, State, and Fcderal guidelines and regulations. Prior to
execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be
submitted by the SUBRECIPIENT to HHS for its review and approval, which will specifically
include a determination of compliance with the terms of the attached Work Program set forth
in Exhibit "A,"
This review also includes ensuring that all consultant contracts and fee schedules meet the
minimum standards as established by the Collier County Purchasing Department and HUD.
Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee
contracts. All additional services shall have prior written approval with support documentation
detailing categories of persons petforming work plus hourly rates including benefits, number of
drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for
such services will be made at SUBRECIPIENT cost. None of the work or services covered by
this Agreement, including but not limited to consultant work or services, shall be subcontracted
by the SUB RECIPIENT or reimbursed by the COUNTY without prior written approval of the
HHS Department or his designee.
E. AMENDMENTS
This Agreement, along with all exhibits and attachments which are hereby incorporated as a
part of this Agreement, may not be modified, amended, or extended orally. The County may,
at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated
by written amendment as a part of this Agreement and shall be subject to approval of the
County.
This Agreement may be amended only by written agreement executed by the governing boards
of both parties, except that County representative may approve adjustments between line item
amounts, scope clarifications, or an extension of time and schedule provided in Exhibit A that
do not change the project, or exceed the amount funded by the County, as stated herein. Any
modifications to this contract shall be in compliance with the County Purchasing Policy and
Administrative Procedures in effect at the time such modifications are authorized.
F. INDEMNIFICATION
To the maximum extent permitted by Ftorida law, the SUB RECIPIENT shall indemnify and hold
hannless Collier County, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
SUB RECIPIENT or anyone employed or utilized by the SUB RECIPIENT in the perfonnance of
this Agreement. This indemnification obligation shall not be construed to negate, abridge or
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Sidewalk Project
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Agenda Item No. 16D1
November 18, 2008
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reduce any other rights or remedies which otherwise may be available to an indemnified party Of
person described in this paragraph. This section does not pertain to any incident arising from the
sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of
sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes.
G. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as
to funding source. The SUBRECIPIENT will include a reference to the financial support herein
provided by HHS in all publications and pubticity. In addition, the SUBRECIPIENT will make
a good faith effort to recognize HHS' support for all activities made possible with funds made
available under this Agreement. The SUBRECIPIENT will mount a temporary construction
sign for projects funded by HHS. This design concept is intended to disseminate key
information regarding the development team as well as Equal Housing Opportunity to the
general public. This signs construction utilizes a minimum conventiona14'X 8" plywood back
panel and other conventional construction materials and methods.
H. TERMINATION
In event of termination for any of the following reasons, all finished or unfinished documents,
data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital
equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned
to HHS or the COUNTY. tn the event of termination, the SUBRECIPIENT shall not be
relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any
breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment
to the SUB RECIPIENT for set-off purposes until such time as the exact amount of damages
due to the COUNTY from the SUBRECIPIENT is determined.
I. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner its obligations
under this Agreement, or if either party shall violate any of the covenants, agreements, or
stipulations of this Agreement, either party shall thereupon have the right to terminate this
Agreement in whole or part by giving written notice of such termination to the other party and
specifying therein the effective date of termination.
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other party.
Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant
to this Agreement through and including the date of termination.
3. TERMINA TJON DUE TO CESSATION
In the event the grant to the COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be
suspended or terminated effective on the date that HUD specifies.
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Sidewalk Project
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Agenda Item No. 16D1
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I. INSURANCE
SUBRECIPIENT shall obtain and carry, at all times during its perfonnance under the Contract
Documents, insurance of the types and in the amounts described herein and further set forth in
Exhibit D to this Agreement.
J. SUBRECIPIENT LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit D shall not relieve the
SUB RECIPIENT of its liability and obligation under this subsection or under any subsection of
this contract. The contract is contingent upon receipt of the insurance documents within fifteen
(15) calendar days after the Board of County Commissioners' approval. If the Insurance
certificate is received within the specified period, but not in the marmer prescribed in these
requirements, the SUB RECIPIENT shall be verbally notified of the deficiency and shall have
an additional five (5) calendar days to submit a corrected Certificate to the County.
If the SUBRECIPIENT fails to submit the required insurance documents in the manner
prescribed in these requirements within twenty (20) calendar days after the Board of County
Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions
of the contract.
VIII. ADMINISTRATIVE REOUIREMENTS
A. FINANCIAL MANAGEMENT
The SUB RECIPIENT agrees to compty with OMB Circular A -110 (Unifonn Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and
other Non~Profit Organizations) and agrees to adhere to the accounting principles and
procedures required therein. utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
B. DOCUMENTATION AND RECORD - KEEPING
t. The SUBRECIPIENT shall maintain all records required by the CDBO Federal
Regulations.
2. All reports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose
of this Agreement shan be made available to the COUNTY by the SUB RECIPIENT at
any time upon request by the COUNTY or HHS. Upon completion of all work
contemplated under this Agreement copies of all documents and records relating to this
Agreement shan be surrendered to HHS if requested. In any event the SUB RECIPIENT
shall keep all documents and records for three (3) years after expiration of this
Agreement.
3. The SUBRECIPIENT shan submit reports as required to assist the COUNTY in the
preparation of HUD Labor Relations, WBEIMBE, Equal Opportunity Employment, and
HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi).
4. SUB RECIPIENT shall submit monthly beneficiary reports to HHS using Exhibit "C".
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Sidewalk Project
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Agenda Item No.1 01
November 18. 2 08
Page 11 0 29
5. The SUB RECIPIENT shall maintain records showing compliance with the Davis-
Bacon Law, including files containing contractor payrolls, employee interviews, Davis-
Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall
maintain records showing contractor compliance with the Contract Wark Hours and
Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing
compliance with federal purchasing requirements and with other federal requirements
for grant implementation.
6. Indirect Costs: If indirect costs are charged, the Subrecipient will develop an indirect
cost allocation plan for detennining the appropriate Subrecipient's share of
administrative costs and shall submit such plan to the County for approval, in a form
specified by the County.
C. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the procedures prescribed by the Federal
Management Circulars A-I10, A-122, 24 CFR Part 84. and 24 CFR Part 85, which are
incorporated herein by reference.
D. REPORTS. AUDITS. AND EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring or audit findings identified
pursuant to this Agreement.
E. ADDITIONAL HOUSING & HUMAN SERVICES. COUNTY. AND HUD
REoUIREMENTS
HHS shall have the right under this Agreement to suspend or terminate reimbursement until the
SUB RECIPIENT complies with any additional conditions that may be imposed by HHS, the
COUNTY, or HUD at any time. Additional requirements are listed on Exhibit C.
F. PRIOR WRITTEN APPROVALS-SUMMARY
(I.)
All subcontracts and agreements proposed to be entered into by the SUB RECIPIENT
pursuant to this Agreement;
All capital equipment expenditures of$I,OOO or more;
All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes,
Chapter 112.061);
All change orders
All requests to utilize uncommitted funds after the expiration of this agreement for
programs described in Exhibit A; and
All rates of pay and pay increases paid out of CDBO funds, whether for merit or cost of
living.
(2.)
(3.)
(4.)
(5.)
(6.)
G. A UDITS AND INSPECTIONS
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I. Non-profit organizations that expend $500,000 or more annualty in federal awards shall have a
single or program.specific audit conducted for that year in accordance with OMB A-I33. Non-
profit organizations expending federal awards of $500,000 or more under only one federal
program may elect to have a program-specific audit performed in accordance with OM8 A-
133. SUBRECIPIENT s who will be receiving, or who have received, federal awards for loans
or loan guaranteed programs with may be required to conduct audits of those programs in
accordance with regulations of the federal agencies providing those guarantees or loans.
2. Non-profit organizations that expend less than $500,000 annually in federal awards shall be
exempt from an audit conducted in accordance with OMS A-B3, although their records must
be available for review (e.g., inspections, evaluations). These agencies are required by HHS to
submit "Reduced Scope" audits (c_g., financial audit, performance audits). They may choose,
instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in
accordance with federal laws and regulations governing the program in which they participate.
Records must be available for review or audit by appropriate officials of federal and County
agencies.
3. When the requirements ofOMB A-133 apply, or when the SUBRECIPIENT elects to comply
with OMB A-133, an audit shall be conducted for each fiscal year for which federal awards
attributable to this contract have been received by the SUBRECIPIENT. Each audit shall
include a fiscal review, which includes a validation of all program-generated income and its
disposition, especially attributable to CDBG funds, an internal control review, and a
compliance review as described in OMB A-133. A copy of the audit report in triplicate must
be received by HHS no later than six months following the end ofthe SUBRECIPIENT's fiscal
year,
4, If an audit is required by Section G of this contract, but the requirements of OMB A-I33 do not
apply or are not elected, the SUB RECIPIENT may choose to have an audit performed either on
the basis of the SUBRECIPIENT's fiscal year or on the basis of the period during which HHS-
federal assistance has been received. In either case, cach audit shall cover a time period of not
more than twelve months and an audit shall be submitted covering each assisted period until all
the assistance received from this contract has been reported. Each audit shall adhere to all
other audit standards of OMB A-B3, as these may be limited to cover only those services
undertaken pursuant to the terms of this contract. A copy of the audit report in triplicate must
be received by HHS no later than six months following each audit period.
5. The SUBRECIPIENT shall maintain all contract Records in accordance with generally
accepted accounting principles. procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the County
pursuant to the terms of this contract.
6. The SUBRECIPIENT shall maintain all Contract Records that document all actions undertaken
to accomplish the "Scope of Services" outlined in Attachment A in this contract.
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Agenda Item No. 1601
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7. The SUBRECIPIENT shall ensure that the Contract Records shall be, at all times, subject to
and available for full access and review, inspection, or audit by County and federal personnel
and any other personnel duly authorized by the County.
8. The SUBRECIPIENT shall include in all HHS approved subcontracts used to engage
subcontractors to carry out any eligible substantive programmatic services, as such services are
described in this contract and defined by HHS, each of the record-keeping and audit
requirements detailed in this contract. HHS shall, in its sole discretion, determine when
services are eligible substantive programmatic services and subject to the audit and record-
keeping requirements described above.
H. PROGRAM-GENERATED INCOME
All income earned by the SUB RECIPIENT ITom activities financed in whole or in part by
funds provided hereunder must be reported to HHS. Such income would include, hut not be
limited to, income from service fees, sale of commodities, and rental or usage fees. The
SUBRECIPIENT shall report its plan to utilize such income to HHS, and said plan shall
require the prior written approval of the HHS Department or designee. Accounting and
disbursement of such income shall comply with OMB Circular A-II 0 (Uniform Administrative
Requirement for Federal Grants) and other applicable regulations incorporated herein by
reference.
In addition to the foregoing. Program Income, as defined by 24 CFR 570.500(a) for CDBG
funds may be retained by the COUNTY. Program Income shall be utilized to undertake
activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall
apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT
or its sub-contractors after the expiration of this Agreement shall be returned to the COUNTY
no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to
utilize uncommitted funds.
I. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall nol end until all closeout requirements are
completed. Activities during this closeout period shall include, but not limited to; making final
payments. disposing of program assets (including the return of all unused materials, equipment.
unspent cash advances, program income balances, and receivable accounts to the COUNTY).
and determining the custodianship of records.
IX. OTHER PROGRAM REOUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability,
national origin, religion, age, familial status, or sex be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the performance of this
Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right
to terminate this Agreement.
City of Marco Island - 2008 CDBG
Sidewalk Project
Page 12 of27
Agenda Item No. 16D1
November 18. 2008
Page 14 of 29
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 ofthe Housing and Community Development Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MINORITYIWOMEN-OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services to implement this
Agreement. the SUBRECIPIENT shall make a positive effort to utilize small business and
minority/women-owned business enterprises of supplies and services, and provide these
sources the maximum feasible opportunity to compete for contracts to be performed pursuant to
this Agreement. To the maximum extent feasible these small business and minority/womenp
owned business enterprises shall be located in or owned by residents of the CDBO areas
designated by Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons. If the project is located in an entitlement city, as
defined by HUn, or serves beneficiaries countywide, more than thirty percent (30%) of the
beneficiaries directly assisted through the use of funds under this Agreement must reside in
unincorporated Collier COWlty or in municipalities participating in the County's Urban County
Qualification Program. The project funded under this Agreement shall assist beneficiaries as
defined above for the time period designated in Exhibit A of this Agreement. The
SUBRECIPIENT shall provide written verification of compliance to HHS upon HHS' request.
D. EV ALUA nON AND MONITORING
The SUBRECIPIENT agrees that HHS will carry out periodic monitoring and evaluation
activities as determined necessary by HHS or the COUNTY and that the continuation of this
Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this
Agreement, comparisons of planned versus actual progress relating to project scheduling,
budgets. audit reports, and output measures. The SUB RECIPIENT agrees to furnish upon
request to HHS, the COUNTY or the COUNTY's designees and make copies or transcriptions
of such records and information, as is detennined necessary by HHS or the COUNTY. The
SUBRECIPIENT shall, upon the request of HHS, submit information and status reports
required by HHS, the COUNTY or HUD on forms approved by HHS to enable HHS to
evaluate said progress and to allow for completion of reports required HHS by HUD. The
SUBRECIPIENT shall allow HHS or HUD to monitor the SUBRECIPIENT on site. Such site
visits may be scheduled or unscheduled as determined by HHS or HUD.
E. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person who presently exercises any functions or
responsibilities in cOIU1ection with the Project, has any personal financial interest, direct or
indirect, in the target areas or any parcels therein, which would conflict in any manner or
degree with the performance of this Agreement and that no person having any conflict of
interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict
of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to
HHS provided, however, that this paragraph shall be interpreted in such a manner so as not to
unreasonably impede the statutory requirement that maximum opportunity be provided for
City of Marco Island ~ 2008 CDBG
Sidewalk Project
Page 13 of27
Agenda Item No. 16D1
November 18. 2008
Page 15 of29
employment of and participation of low and moderate-income residents of the project target
area.
F. PUBLIC ENTITY CRIMES
As provided in 287.133, Fla. Stat. by entering into this Agreement or performing any work in
furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof This notice is required by 287.133 (3)(a), Fla. Stat.
G. DRUG-FREE WORKPLACE REOUIREMENTS
The SUBRECIPIENT, as a condition of being awarded, must certify that they wit! provide
drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C.
701) and with HUD's rules at 24 CFR Part 24, subpart F.
H. CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2. If any funds other than Federat appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Fonn to Report Lobbying", in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, sub grants, and
contracts under grants, loans, and cooperative Agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
l. REAL PROPERTY
Any real property acquired by the SUB RECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Unifonn Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be
City of Marco Island - 2008 CDBG
Sidewalk Project
Page 14 of27
Agenda Item No. 16D1
November 18, 2008
Page 16 of 29
subject to the provisions of the CDBO Regulations including, but not limited to, the provisions
on use and disposition of property. Any real property within the SUBRECIPIENT control,
which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must
adhere to the CDBG Regulations at 24 CFR 570.505.
X. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
The SUBRECIPIENT agrees to comply with the following requirements insofar as they apply
to the performance of the Contract:
1. Clean Air Act, 41 U.S.C., 7401, et seq.
2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended,
1318 relating to inspection, monitoring, entry. reports, and information, as well as other
requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to
40 C.F.R., Part 50, as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4001), 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 as a condition of financial assistance for acquisition or construction
purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be
obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood
insurance.
C. LEAD-BASED PAINT
The Subrecipient agrees that any. construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations
at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to alt
HUD-assisted housing and require that all owners, prospective owners, and tenants of
properties constructed prior to 1978 be properly notified that such properties may include lead.
based paint. Such notification shall point out the hazards of lead-based paint and explain the
symptoms, treatment and precautions that should be taken when dealing with lead-based paint
poisoning and the advisability and availability of blood lead level screening for children Wlder
seven. The notice should also point out that if lead-based paint is found on the property,
abatement measures might be undertaken.
D. HISTORIC PRESERVATION
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966. as amended (16 V.S.C. 470) and the procedures set
forth in 36 CFR, Part 800. Advisory Council on Hisloric Preservation Procedures for Protection
of Historical Properties, insofar as they apply to the performance of the Contract. In general,
City of Marco Island. 2008 CDBG
Sidewalk Project
Page 15 of27
Agenda Item No. 16D1
November 18, 2008
Page 17 of 29
concurrence from the State Historic Preservation Officer is required 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.
XL SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be
affected thereby if such remainder would then continue to confonn to the tenns and requirements of
appIicabte law,
Xl!. REVERSION OF ASSETS
Upon expiration of the Agreemen~ the SUBRECIPIENT shall transfer to the COUNTY any CDBG
funds on hand at the time of expiration, any accounts receivable attributable to the use of CnBO funds,
and any non-expendable personal property that was purchased with CDBG funds, Any real property
under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in
excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regutations 24 CFR Part
570.503(B)(8).
XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBO funds may not be used for religious activities or provided to primarily religious organizations.
24 CFR 570.200(j) specifies the limitations on CDBO funds, and is herein incorporated by reference,
XlV. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty seven (27) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an
original, and such counterparts will constitute one and the same instrument
XV, ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and
constitutes the entire understanding. The parties hereby acknowledge that there have been and are no
representations, warranties, covenants, or undertakings other than those expressly set forth herein.
City of Marco Island - 2008 CDBG
Sidewalk Project
Page 16 of27
Agenda Item No. 16D1
November 18, 2008
Page 18 of 29
IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized
person or agent. hereunder set their hands and seals on this November 18. 2008.
ATTEST:
Dwight E. Brock, Cterk of Courts
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Tom Henning, Chairman
Dated:
(SEAL)
City of Marco Island
~.~~
First Wiln l
Un C-y fJ--dl/]
Typdpri~ssnmne
/;n~~ ~~~
'~econd Witness
By: 71/(/) ;;J~
Subrecipient Signature
William D. Trotter, Chairman
City of Marco Island City Council
Type Print Subrecipient name and title
~.flnlt'.l #./a")I"'IV}t:~
Type/print witness name
Approved as to form and
legal sufficiency:
{~m~
Assistant County Attorney Signature
Colleen fVl. GYeel1-e...
TypelPrint Name
City of Marco Island - 2008 CDBG
Sidewalk Project
Page 17 of27
EXHIBIT "A"
Agenda Item No. 1601
November 18, 2008
Page 19 of 29
SCOPE OF SERVICES
-
CITY OF MARCO ISLANO
SInEW ALK PROJECT
- - [ 5'" AVENUE
Q'c 2t 42'~
THE SUBRECIPIENT AGREES TO:
A. PROJECT DESCRIPTION:
SUBRECIPIENTproposes to construct 1235 lineal square feet of pedestrian sidewalk adjacent to both
sides of 5th A venue which is located within The City of Marco Island in Collier County, Florida. The
construction of these sidewalks will provide for the safety of pedestrians and will be an area wide
benefit to a targeted population as determined by the income survey conducted by the City of Marco
Island. This funding will cover all costs associated with the construction of these sidewalks including
survey. project design, construction management services, culverts, stonn management, excavation
and preparation, grading, fence removal, sod and landscaping, restoration, and contingencies.
Construction for this project will be completed, and all CDBO funds will be expended prior to June 15,
2009.
The Subrecipient will be responsible for the following:
a. Submission of documentation to qualify project as an area wide benefit through an
income survey conducted by The City of Marco Island as approved by HUD.
b. Posting of visible signage at the work site identifying the funding source as mentioned
in Section VII Part G.
c. Submission of request for payment along with supporting documentation for payment
of services. No work can be initiated until all contract documents are submitted and
the contractors are certified as not being debarred.
d. Follow the Federal Procurement Process.
e. Obtain a minimum of three bids for the work to be conducted, as well as provide the
Housing and Human Services Department with a copy of contracts, which will
include main contractor and sub-contractor information.
If Applicable:
NOTE] : The SUBRECIPIENT shat! submit its bid package and drawings/specifications to HHS and
obtain a letter of approval prior to bidding the construction work
NOTE 2: The SUBRECIPIENT shat! prioritize the work in the Project, and shat! bid such work in a
manner that would allow the receipt of itemized costs from bidders, which would then allow the award
of items that can be funded by the hudget.
City of Marco Island - 2008 CDBO
Sidewalk Project
Page 18 of27
Agenda Item No. 16D1
November 18, 2008
Page 20 of 29
NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until
sufficient funding is available to complete the established scope of work. The SUBREClPIENT shall
obtain HHS's approval prior to awarding the construction contract to be funded through this
agreement. After awarding such contract the SUBRECIPIENT shall obtain HHS's approval prior to
executing any change orders to such contract.
NOTE 4: The SUB RECIPIENT shall not request advancement from HHS for materials or equipment
received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request
advancement for materials and equipment that have been installed.
The SUB RECIPIENT further agrees that HHS, in consultation with any parties HHS deems necessary,
shall be the final arbiter on the SUBRECIPIENT's compliance with the above.
B, BUDGET: Construction of 1235 linear square feet of pedestrian sidewalk on both sides of 5th Avenue
on Marco Island
Line Item
Sidewalk Construction
Landsca in Restoration
CDBG Funds
$64 220
$8,011
Total
$72,231
D. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing.
E. BONDING REOUIREMENTS: The SUBREC!PIENT shall comply with the requirements of OMB
Circular A-II 0 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in
regard to any bid guarantees, performance bonds, and payment bonds.
F. FORMER PROJECTS: Faiture to adequately maintain any fonner CDBG funded project may result in
the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future
CDBG funds.
G. WORK SCHEDULE: The time frame for completion ofthe outlined activities shall be:
Milestone
Deadline
Jul 2008-S tember 2008
Se tember 2008-0ctober, 2008
November 2008-December 2008
Janu , 2009
Februa 2009-Ma, 2009
June 15, 2009
Conduct Surve
Pro'eet Desi
RFP
A ward Contract
Construction
Pro"eet Com lete
Please note that if any o/these activities exceed the timelines by two months a revised work schedule
must be submitted to HHS.
H. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to HHS outlining
the status of specific activities under the project. Each report must account for the total activity for
which the SUBRECIPIENT is paid with CDBO funds, in part or in whole, and which is required in
fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the
form Exhibit "C", The progress reports shall be used as an additional basis for HHS approval of
City of Marco Island - 2008 CDBG
Sidewalk Project
Page t 9 0127
invoices, etc. for payment.
Agenda Item No. 1601
November 18, 2008
Page 21 of 29
I. OUTCOME PERFORMANCE MEASUREMENTS:
OBJECTIVE OUTCOMES ACTIVITY INDICA TORS
SUITABLE LIVING IMPROVING CONSTRUCTION OF l(PUBLIC FACIITY)
ENVIRONMENT A V AILABILITY OR SIDEWALKS
ACCESSIBILITY OF
UNITS OR SERVICE
J. DAVIS-BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage
decision for the project prior to advertising the construction work. The SUBRECIPIENT shall
incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis-
Bacon Act in its construction bid solicitation and sub-contract(s).
K. COMPENSATION: The County shall reimburse the SUBRECIPIENT for the perfonnance of this
Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS
pursuant to the submittal of monthly progress reports as identified in Section H. Payments shall be
made to the SUB RECIPIENT when requested as work progresses, but not more frequently than once
per month. Adherence to the work schedule identified in Section G will be required, unless modified
in writing by the parties. Payment will be made upon receipt of a proper invoice and in compliance
with Section 218.70, Fla. Stats., otherwise known as the "Local Govenunent Prompt Payment Act".
End of Exhibit A
City of Marco Island. 2008 CDBO
Sidewalk Project
Page 20 of27
Agenda Item No. 1601
November 18, 2008
Page 22 of 29
Exnffirr "B"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: City of Marco Island
Subrecipient Address: 50 Bald Eagle Drive. Marco Island. FL 34145
Project Name: Sidewalk Project 5th Avenue
Project No: CD-
Payment Request #
Dollar Amount Requested: $
SECTION 11: STATUS OF FUNDS
1. Grant Amount A warded
$ 72,231
2. Sum of Past Claims Paid on this Account
$
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
4. Amount of Previous Unpaid Requests
$
5. Amount of To day's Request
$
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests) $
I certify that this request for payment has been drawn in accordance with the terms and conditions of the
Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for
Payment is not in excess of current needs.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
(approval authority under $14,999)
(approval required $15,000 and above)
End of Exhibit B
City of Marco Island - 2008 CDBG
Sidewalk Project
Page 21 of27
Agenda Item No. 16D1
November 18, 2008
Page 23 of 29
EXHIBIT "C'
ADDITIONAL CDBG GRANT REOUlREMENTS
End of Exhibit C
City of Marco Island - 2008 CnBO
Sidewalk Project
Page 22 of27
Agenda Item No. 16D1
November 18, 2008
Page 24 of 29
EXHIBIT "D~
INSURANCE REQUIREMENTS
The SUBRECIPIENT shatt furnish to Cottier County, clo Housing and Human Services
Department, 3050 Horseshoe Drive North, Suite lID, Naples, Florida 34104, Certificate(s) of
Insurance evidencing insurance coverage that meets the requirements as outlined below:
(..) Workers' Compensation as required by Chapter 440, Florida Statutes.
(b,) Public Liability Insurance on a comprehensive basis in an amount no less than $300,000
per occurrence for combined Bodily Injury and Property Damage. Collier County must be
shown as an additional insured with respect to this coverage.
(c) Automobile Liability Insurance covering all owned, non-owned and hired vehicles used
in connection with this contract in an amount not less than $300,000 per occurrence fOT
combined Bodily Injury and Property Damage.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in (1) - (3) above, a Certificate of Insurance must be provided
as follows:
(d.) Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed
design professional employed by the SUB RECIPIENT in an amount not tess than
$300,000 per occurrence providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages fro claims arising
out of the services performed by the SUBRECIPIENT or any person employed by the
SUBRECIPIENT in cOlmection with this contract. This insurance shall be maintained for
a period of two (2) years after the certificate of Occupancy is issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in (1) ~ (4) above, the SUBRECIPEINT shall provide or cause
its Subcontractors to provide original policies indicating the following types of insurance coverage
prior to any construction:
(e.) Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less
than one hundred (100%) percent of the insurabte value of the building(s) or strueture(s).
The policy shall be in the name of Collier County and the SUB RECIPIENT.
(f.) Flood Insurance shall be provided for those properties found to be within a flood hazard
zone, in an amount not less than the full replace values of the completed structure(s) or
the maximum amount of coverage available through the National Flood Insurance
Program (NFl?), whichever is greater. The policy will show Collier County as a Loss
City of Marco Island - 2008 CDBG
Sidewalk Project
Page 23 of27
Agenda Item No. 1601
November 18, 2008
Page 25 of 29
Payee A.T.I.M.A. This policy will be provided as such time that he buildings' walls and
roof exist.
Exhibit D, Continued
QpERATIONIMANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be
kept in force throughout the duration of the loan and/or Contract:
(g.) Public Liability coverage in an amount not less than $1,000,000 per occurrence for
combined Bodily Injury and Property damage. Collier County must be shown as an
additional insured with respect to this coverage.
(h.) Property Insurance coverage on an "All Risk" basis in an amount not less than one
hundred (100%) of the replacement cost of the property. Collier County must be shown
as a Loss payee with respect to this coverage A.T.I.M.A.
(i.) Flood Insurance coverage for those properties found to be within a flood hazard zone for
the full replacement values of the structure(s) or the maximum amount of coverage
available through the National Flood Insurance Program (NFlP). The policy must show
Collier County as a Loss Payee A.T.I.M.A.
End of Exhibit D
City of Marco Island - 2008 CDSG
Sidewalk Project
Page 24 of27
Agenda Item No. 16D1
November 18, 2008
Page 26 of 29
EXHIBIT "E"
CnBG MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing &Human Service's stalf by the 10''' of the following
month.
Status Report for Month of
Submittal Date:
Project Name
Sidewalk Proiect 5th Avenue
Project Number CD-
Activity Number
Subrecipient:
City of Marco Island
Contact Person
Steve Olmsted. Director Community Develooment
Telephone: (239) 389-5000
Fax: (239) 389-4359
E-mail:
easf(Q),earthlink.net
1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month):
2. What events/actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this project. Please list and
attach any recent media coverage of your organization relating to this project.
4. List any additional data relevant to the outcome measures listed on the application for this project.
5. Identify any potential issues that may cause delay.
City of Marco Island ~ 2008 CDSG
Sidewalk Project
Page 25 of27
Exhibit E, Continued
Agenda Item No. 16D1
November 18, 2008
Page 27 of 29
6. New contracts executed this month (if applicable):
Name of Contractor or
Subcontractor, Address & Phone
Number
Amount of
Contract
Contractor
F edeTal ID
Number
Race
(see definitions OD
following page)
Ethnicity
(see definitions on
following page)
7. For projects that serve a particular clientele, please complete the following information by entering the
appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients
served this month. DO NOT DUPLICATE clients served in previous months, You may provide data by
either households or persons served. However, if one person received TWO services this counts as TWO
SERVICE UNITS:
TOTAL BENEFICIARIES
This project benefits households or persons. Please circle one category (either "households" or
"persons"). Enter the number of beneficiaries in the blank space and in box "1. "
INCOME
Of the households or persons assisted, are extremely low-income income (0-30%) of the current
Median Family Income (MF!). Enter this number in box "2. "
Of the households or persons assisted, are very low~income (31-50%) of the current Median
Family Income (MF!). Enter this number in box "3. "
Of these households or persons assisted,
Income (MFI). Enter this number in box "4, "
NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1.
are low-income (5t -80%) of the current Median Family
FEMALE HEAD OF HOUSEHOLD
This project assisted
in box "5" below.
Female Head of Households REGARDLESS of income. Enter this number
BOX I
BQX2
BOX)
BQX4
BOX 5
Total Number or
HOUIChoJdlor Penonl
Assisted
Extremely
Low Income
(O.30%)
V'"
Low Income
(31-50%)
Low Income
(51-S(W.)
Female Head or
Household
Subrecioient's must indicate total beneficiaries for Race AND Ethnicitv
City of Marco Island - 2008 CDBG
Sidewalk Project
Page 26 of 27
Agenda Item NO.1 01
November 18, 2 08
Page 28 0 29
Exhibit E, Continued
Defmitions of Race:
1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North
Africa,
2. Black or African-American: A person having origins in any of the black racial groups of Africa.
3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or
the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and Vietnam.
4. American Indian or Alaska Native: A person having origins in any of the original peoples of North
and South America (including Central America), and who maintains tribal affiliation or community
attachment.
5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of
Hawaii, Guam, Samoa, or other Pacific Islands.
Defmitions of Ethnicity:
1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American. or
other Spanish culture or origin, regardless of race.
Tabulation Table of Race and Ethnicitv Beneficiaries
"~'.;;,'.':.Iw;
Race;;;~ ..
#:~<<Jtal~"~hl' ,L. .iBdJlillnie;;~;~
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian! Alaska Native and White
Asian and White
Black! African American and White
American Indian! Alaskan Native and Black! African American
Other Multi.Racial
TOTAL: "'"
End of Exhibit E
City of Marco lsland - 2008 COBO
Sidewalk Project
Page 27 of 27
Page 1 of 1
Agenda Item No. 1601
November 18, 2008
Page 29 of 29
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1601
Meeting Date:
Recommendation that the Board of County Commissioners approve and authorize the
Chairman to sIgn a subrecipient agreement providing for a $72,231.00 Housing and Urban
Development (HUD) grant to The City of Marco Island for the installation of sidewalks.
11/18/2008 9:0000 AM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
9/2412008 6:24 PM
Approved By
Colleen Greene
Assistant County Attorner
Date
County Attorney
County Attorney Office
9125120085:00 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
9127120087:42 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
91291200812:22 PM
Approved By
OMB Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
10127/20088:04 AM
Approved By
Lyn Wood
Purchasing Agent
Date
Administrative Services
Purchasing
10130/20083:48 PM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
11112/200811:43AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
11/12/200812:40 PM
file://C:\AgendaTest\Export\ 116-November%20 18,%202008\ 16.%20CONSENT%20AGE". 11/12/2008