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Agenda 11/18/2008 Item #16D 8 Agenda Item No. 16D8 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 $115,849.00 Housing and Urban Development (BUD) grant to The City of Naples for improvements to the River Park neighborhood such as street parking, landscaping and irrigation. OBJECTIVE: To provide CDBG grant funding to The City of Naples to improve public parking and access and provide a better living environmcnt for the River Park neighborhood between 10th and 11th Street North through the approval of an $115,849.00 Community Development Block Grant (CDBG) to The City of Naples. CONSIDERATIONS: The Collier County Housing & Human Services Department proposes to provide $115,849.00 from CDBG funds for a grant to The City of Naples. This project will provide street parking, which will include five paraJlel spaces on the north side of the right of way between 10th and 11th Street-North within the City of Naples. Associated landscaping will include additional ground cover and will support additional trees and palms. Related irrigation for the project will originate on the south side of 5th A venue-North where the City has an existing reuse water meter and supply. On April 24, 2007 the Board of County Commissioners adopted Resolution No. 2007-101 approving the submission of the One-Year Action Plan for FY 2007 - 2008 to HUD. This Action Plan provided a summary of the projects to be funded between July I, 2007 and June 30, 2008. The project included in this agreement was approved as part of the FY 2007-2008 Action Plan. 1bis project was delayed due to staff turn over within the City of Naples. FISCAL IMPACT: Approval of this agreement will provide a grant in the amount of $115,849.00 to the City of Naples for neighborhood improvements. No general funds are being utilized in this CDBG neighborhood improvement project. GROWTH MANAGEMENT IMPACT: This grant will allow the City of Naples to provide neighborhood improvements. This project is consistent with the Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney'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 agreement providing for an $115,849.00 grant to the City of Naples using HUD Community Development Block Grant (CDBG) funds. Prepared by: Sandra Marrero, Grants Coordinator Housing and Human Services Department - Page ] of] Agenda Item No. 1608 November 18. 2008 Page 2 of 29 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1608 Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a subrecipient agreement providing for a $115,849.00 Housing and Urban Development (HUD) grant to The City of Naples for neighborhood improvements such as street parking, landscaping and irrigation. Meeting Date: 11/18/2008900:00 AM Prepared By Sandra Marrero Grants Management Coordinator Date Public Services Housing & Human Services 9/24/20085:54:36 PM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 9/25/20087:53 PM Approved By Linda Best Contracts Agent Date Administrative Services Purchasing 9/26/2008 12:23 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 9/26/2008 1 :48 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 9/27/20087:41 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 10/29/20084:01 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 11/3/20087:31 AM A pproved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 11/6/2008 3 :26 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/10/20081:16 PM file://C:\AgendaTest\Export\] ] 6-Novernber%20 18,%202008\] 6.%20CONSENT%20AGE... ] ]/12/2008 Agenda Item No. 1608 November 18, 2008 Page 3 of 29 AGREEMENT BETWEEN COLLIER COlJN'fY AND CITY OF NAPLES STREET PARKING Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-08-UC-12-0016 THIS AGREEMENT, is made and entered into by and betwecn Collicr County, a political subdivision of thc State of Florida, hereinafter referred to as "COUNTY", and "The City of Naples," a municipality existing under the laws of the Stat~ of Florida, having its principal office at 735 Eighth Street South, Naples, Florida 34102-6796, and its Federal Tax Identification number as 59-6000382, hereinafter referred to as "SUB RECIPIENT" . WHEREAS, the COUNTY has entered into an agrecment with the United States Department of Housing and Urban Development for a grant for the cxecution and implementation of a Community Development Block Grant Program in certain areas of Collicr County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amendcd); and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking celtain activities to primarily benefit low and moderate income persons and neighborhoods and to altematively 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 impl'Ovements, 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 2007-2008 Consolidated One-Year Action Plan was developed following the Collier COlmty Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001, and Resolution 2007-JOl on April 24, 2007; and The City of Naples - 2008 CDBG Street 'Parking Page 1 of27 Agenda Item No. 1608 November 18, 2008 Page 4 of 29 WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2007-2008 for the CDBG Program with Resolution 2007--1QL on April 24, 2007, 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 2007-2008 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and ; " WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit A of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT 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. DEFINITIONS (I) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "HHS" mcans the Housing and Human Services Depar1ment of Collier County, (4) "SUBRECIPrENT" means The City of Naples, (5) "HHS's Approval" means the written 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 behalf. (7) "Low and moderate income persons" means the definition set by HUD, (8) "Project" means the work contemplated to be performed as set fOlih in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined 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. The City of Naples - 2008 CDDa Street Parking Page 2 of27 Agenda Item No. 1608 November 18, 2008 Page 5 of 29 III. TIME OF PERFORMANCE The effective date of this Agreement shall be July 1,2008, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUB RECIPIENT prior to June 15, 2009. Any funds not obligated by the cxpiration date of this Agreemcnt shall automatically revert to the COUNTY, as set forth in Part VIII (F) (5), and Pali VIII (H) below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB RECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs, detelmined by COUNTY, in an amount not to exceed ONE Hl..JNDRED FIFTEEN THOUSAND EIGHT HUNDRED FORTY NINE DOLLARS. ($115,849) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUB RECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements, The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices rcquired to be given under this Agrccmcnt shall be sufficicnt whcn dclivcrcd to HHS at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SUBRECIPlENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPlENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Pati 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 SUBRECIPlENT fUliher 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 REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Ab'Teement in accordancc with applicable Fcdcral, 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 bc made until approved by the HHS Dcpartmcnt or designee. Should a project receive additional funding after the commencement of this Ab'Teement, the SUBRECIPIENT 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. The City of Naples - 2008 CDDa Street Parking Page 3 of 27 Agenda Item No. 1608 November 18, 2008 Page 6 of 29 B. DEBARMENT: In accordance with 24 CFR pari 135, the SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debwment, declared ineligible, or voluntarily excluded from patiicipation in this transaction by any Federal Depwtment or agency; and, that the SUBRECIPIENT shall not knowingly entcr 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. REGULATIONS AND LAWS During the performance of the Agrcement, the SUB RECIPIENT agrees to comply with W1Y applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT 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 - Thc regulations prescribing thc Environmental Review procedure. 3, 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural propetiies. 4. 24 CFR 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 I1375 and 12086 - which establishes hiting goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as ameuded by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employmcnt. 8. 24 CFR 135 - Re[,'Ulations 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 II. 24 CFR Part 130 - Regulations that prohibit disctimination in employment in federally assisted construction contracts. The City ofNaplcs - 2008 CODa Street Parking Page 4 of27 Agenda Item No. 1608 November 18, 2008 Page 7 of 29 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Honrs and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 ofthe Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wagcs and the use of apprentices and trainees on fedcrally assisted projects as mandated by the Davis-Bacon Act. HUD FOlm 4010, which desctibes the Davis-Bacon Act, is included as pati of this agreement and must be included in all construction contracts fundcd by CDBG. 18. Revised Order Number 4 - Regulations that establish guidelines for the implcmcntation 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 proj ects, 20. Executivc Order 11625 and U.S, Dcpartment of Housing and Urban Development Circular Lcttcr 79-45 " which prescribes goal percentages for patiicipation 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 Statutcs, Chaptcr 112 - which deals with conflict of interest. 23. HUD - rcquircd reports, circulars, and procedures, such as the Grantee Perfonnance Rep0l1. 24. Public Law 100-430 - the Fair Housing Amendmcnts Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Grant Administration Procedures. These replace OMB Circular A-I02. This subpart includes 24 CFR 570.502. 26, OMB Circular A- 133 - concerning annual audits. 27.0MB Circular A-122 - which identifies cost principles. The City of Naples - 2008 COSO Street Parking Page 5 of 27 Agenda Item No. 1608 November 18, 2008 Page 8 of 29 28. Section 109, Public Law 100-202 - which restticts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29, 24 CFR Part 84 - OMB Circular A-110 Codified in the UnifonTI Administrative Requirements for Grants and Agrecments With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 30. 24 CFR Part 85- OMB Circular A.I02 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Govemments. 31. Immigration Reform and Control Act of 1986 as located at 8 U.S.C, 1324, m seQ. 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 te1111inate 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, Pali 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 tenus of any of the Contract Documents, the terms of the Af,'feement shall take precedence over the tcnTIS 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 telms 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 discrction. 34. Venuc - Any suit or action brought by either party to this Agreement against the other par1y relating to or arising out of this Agrcement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such mattcrs. The City of Naples - 2008 COBa Street Parking 35. Dispute Resolution - Prior to the initiation of any action or procccding pelmitted by this Agreement to resolve disputes between the patiies, the parties shall make a good faith effort to resolve any such disputes by negotiation, The negotiation shall bc attcnded by representatives of SUBRECIPIENT with full dccision-making authority and by COUNTY'S staff person who would make the prescntation of any scttlement reached during ncgotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the patiies arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTYS staff person who would make the presentation of any Page (, of27 Agenda Item No. 16D8 November 18, 2008 Page 9 of 29 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 44.102, Fla. Stat. D. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or ab'feement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUB RECIPIENT to HHS for its review and approval, which will specifically include a detetmination of compliance with the tetms of the attached Work Program set fOlih in Exhibit "A," This review also cncludes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Depmiment and HUD. Subcontracts for architecture, engineering, survey, and planning shall be ncgotiated fixed fce contracts. All additional scrviccs shall have prior written approval with suppOli documentation detailing categOlies of persons perfonning 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 Ab'feement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the HHS Department or his designee. E. AMENDMENTS This Agrccment, along with all exhibits and attachments which are hereby incorporated as a pmi of this Agreement, may not be modified, amended, or extended orally. The County may, at its discretion, amend this Agreement to eonfonl1 to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written mnendment as a part of this Agreement and shall be subject to approval of the County. This Agreemcnt may be amcndcd only by writtcn agreement executed by the governing boards of both parties, except that County representative may approve adjustments between line item amounts, scope clarifications, or an extcl1siol1 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 Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorncys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or anyone employed or utijizcd by the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or The City of Naples - 2008 CODa Street Parking Page 7 of 27 Agenda Item No. 16D8 November 18, 2008 Page 10 of 29 reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not peltain 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 fOlih in Section 768.28, Florida Statutes. G. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this A!,'feement 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 publicity. 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 infonnation regarding the development team as well as Equal Housing Opportunity to the general pubiic. This signs construction utilizes a minimum conventional4.X 8" plywood hack panel and other conventional construction materials and mcthods. H. TERMINATION In event of termination for any of the following reasons, all finished or wlfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT witb funds under this Agreement shall be retumed to HHS or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by viJiue of any hrcach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set-off purposes until sueh time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is detennined. I. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timcly and proper manncr 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 tel1ninate this Agreement in whole or pmi by giving written notice of such tel1nination 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 atld for any reason, tel1ninate this Agreement upon ten (10) working days written notice to the other palty. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date oftelmination, 3. TERMINATION DUE TO CESSATION In the event the !,'fant to the COUNTY under Title [ of the Housing and Community Development Act of 1974 (as amended) is suspcnded or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies, The City of Naples - 2008 CDBa Street Parking Page 8 of 27 Agenda Item No. 1608 November 18, 2008 Page 11 of 29 I. INSURANCE SUBRECIPIENT shall obtain atld carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit D to this Agrecment. 1. SUBRECIPTENT LIABILITY OBLIGATION Compliance with the insurance requirements in Exhibit D shall not relieve the SUBRECIPIENT of its liability and obligation under this subsection or undcr any subsection of this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Commissioners' approval. If the Insurance certificate is received within the specified period, but not in the manner prescribed in these requirements. the SUB RECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a cOlTected Certificate to the County. If the SUB RECIPIENT fails to submit the required insurance documents in the manner prescribed in these requiremcnts within twenty (20) calendar days after the Board of County Commissioncrs' approval, the SUBRECIPIENT shall be in default of the terms and conditions of the contract. VIII. ADMINISTRATIVE REOUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -I 10 (Unifolm 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 1. The SUBRECIPIENT shall maintain all records required by the CDBG Federal Regulations. 2. All reports, plans, surveys, infOlll1ation, documents, maps, and other data procedures developed, prepared, assembled, or completed by thc SUBRECIPIENT for the purpose of this A!,'feemcnt shall be made available to the COUNTY by the SUBRECIPIENT 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 Agrcement shall be surrendered to HHS if requested. Itl any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUBRECIPlENT shall submit repOlis as required to assist the COUNTY in the preparatiotl ofHUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 rcp0l1s, pursuant to 24 CFR 570.502,507, and 92 (3)(vi). 4. SUBRECIPlENT shall submit monthly bcncficiary rcports to HHS using Exhibit "C". The City of Naples - 2008 CDBa Street Parking Page 9 of 27 Agenda Item No. 16D8 November 18, 2008 Page 12 of 29 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wagc rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requircments and with other federal requirements for l,'fant implementation. 6. Indirect Costs: If indirect costs are charged, the Subrccipient will develop an indirect cost allocation plan for determining the appropriatc 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 confOlmity with the procedures prescribed by the Federal Management Circulars A-IIO, A-I22, 24 CFR Part 84, and 24 CFR Pati 85, which are incorporated herein by reference. D. REPORTS. AUDITS. AND EVALUATIONS Reimbursemen[ will be contingent on the timely reccipt 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 t'ight under this Agrecmcnt to suspcnd or tClminate reimbursement until the SUBRECIPIENT 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. ( 1.) F. PRIOR WRITTEN APPROVALS-SUMMARY (2.) (3.) (4.) (5.) (6.) All subcontracts and agreements proposed to be entered into by the SUB RECIPIENT pursuant to this Agreement; All capital equipment expenditures of $[ ,000 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 desclibcd in Exhibit A; and All rates of pay and pay increases paid out ofCDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS The City of Naples - 2008 CDBa Street Parking Page 10 of27 Agenda Item No. 1608 November 18, 2008 Page 13 of 29 1. Non-profit organizations that expend $500,000 or more annually in federal awards shall have a single or program-specific audit conducted for that year in accordance with OMB A-133. Non- profit organizations expending federal awards of $500,000 or more under only onc federal program may elect to have a program-specific audit performed in accordance with OMB 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 OMB A-133, although their records must be available for review (e.g., inspections, evaluations). These agencies are required by HHS to submit "Reduced Scope" audits (e.g., financial audit, performance audits). Tbey 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 pmticipate. Records must be available for review or audit by appropriate officials of federal and County agencies. 3. When the requirements of OMS 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 revicw, 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 OMS A-133. A copy of the audit report in triplicate must be received by HHS no later than six months following the end of the SUBRECIPIENT's fiscal year. 4. lfan audit is required by Scction G of this contract, but the requirements ofOMB A-I33 do not apply or are not clected, the SUB RECIPIENT may choose to have an audit perfOlmed either on the basis of the SUBRECIPIENT's tiscal ycar or on the basis ofthc pcriod during which HHS- federal assistance has been received. In either casc, 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 repOlied. Each audit shall adhere to all other audit standards of OMB A-I33, as thesc may be limitcd to covcr only thosc scrviecs undertaken pursuant to the terms of this contract. A copy of the audit repOli in triplicate must bc reccivcd by HHS no later than six months following each audit period. 5. The SUBRECIPIENT shall maintain all contract Rccords in accordance with generally accepted accounting principles, proccdures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the tenns of this contract. 6. The SUB RECIPIENT shall maintain all Contract Records that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment A in this contract. The City of Naples - 2008 CDBa Street Parking Page II of27 Agenda Item No. 1608 November 18, 2008 Page 14 of 29 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 personncl duly authorizcd by the County. 8. The SUBRECIPlENT shall include in all HHS approved subcontracts used to engage subcontractors to carTY 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 whcn 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 SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to HHS. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to HHS, and said plan shall require the prior written approval of the HHS Department or designee. Accounting and disbursement of such income shaH comply with OMB Circular A-II 0 (Uniform Administrative Requircmcnt for Fcdcral 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 shaH 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 ohligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, hut not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balanccs, and receivable accounts to the COUNTY), ancI dctermining the custodianship of records. IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUB RECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or scx be excluded from thc benefits of, or be subjected to, discrimination under any activity carried out by the perfonnance of this Agreement. Upon receipt of evidcnce of such discrimination, the COUNTY shall have the right to terminate this Agreement. The City of Naples - 2008 CDDa Street Parking Page 12 of27 Agenda Item No. 1608 November 18, 2008 Page 15 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 of the Housing and Community Development Act of 1968, B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agrecment, the SUB RECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and serviccs, and provide these sources the maximum feasible opPOliunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minOlity/women- owned business enterprises shall be located in or owned by residents of the CDBG arcas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty-one percent (5 1%) of the beneficiaries of a project fundcd through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collicr County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time pcriod designated in Exhibit A of this Agreement. The SUBRECIPlENT shall provide written verification of compliance to HHS upon HHS' request. D. EVALUATION AND MONITORING The SUBRECIPIENT agrccs that HHS will caITY out periodic monitoring and evaluation activities as determined neccssary by HHS or the COUNTY and that the continuation of this Agrecmenl is dependent upon satisfactory evaluation conclusions based on the tcnns of this Agreement, comparisons of planned versus actual pt'Ogress relating to project scheduling, budgets, audit repOlis, and output measures. The SUBRECIPlENT agrees to furnish upon request to HHS, the COUNTY or the COUNTY's designees and make copies or transcliptions of such records and infOlmatiol1, as is dctermined necessary by HHS or the COUNTY. The SUBRECIPIENT shall, upon the requcst of HHS, submit information and status reports required by HHS, the COUNTY or HUD on fonns approvcd by HHS to enable HHS to cvaluate said progress and to allow for eomplction of repOlis required HHS by HUD. The SUBRECIPIENT shall allow HHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may bc scheduled or unscheduled as determined by HHS or HUD. E. CONFLICT OF INTE.REST The SUBRECIPIENT covenants that no person who prcsently cxercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels tberein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall bc employed by or subcontracted by thc SUBRECIPIENT. Any possible conflict of intcrest on the pmi of the SUBRECIPIENT or its employccs shall bc disclosed in writing to HHS provided, howevcr, that this paragraph shall be intcrpreted in such a rnarmer so as not to unreasonably impcde the statutory requirement that maximum opportunity be provided for The City of Naples - 2008 CDDa Street Parking Page 13 of27 Agenda Item No. 1608 November 18, 2008 Page 16 of 29 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 entcring into this Agrecment or perfonning any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perfotm hereunder, have not bcen placed on the convicted vcndor list maintained by the State of Florida Department of Management Services within the 36 months immediatcly preceding the date hereof. This notice is required by 287,133 (3)(a), Fla. Stat. G. DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free w.crkplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.c. 70 I) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING TIle undersigned certifies, to the best of his or her knowledge and hclicf, that: I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Con,,>rcss in cOilllection with the awarding of any Federal contract, the making of any Federal grant, the making of any Fcderalloan, the cntcl~ng into of any cooperative agreement, and the extcnsion, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or coopcrative agreement. 2, If any funds other than Fedcral appropriated funds have becn paid or will be paid to any person for influencing or attempting to influcnce an officer or employee of any agency, a Member of Congress, an officer or cmployee of Congress, or an cmployec of a Member of Congress in connection with this Federal contract, ,,>rant, loan, or cooperative agreement, the undersigned shall complcle and submit Standard Fonn-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions, 3. The undersigned shall require that the language of this ccrtification be includcd in the award documcnts for all subawards at all tiers (including subcontracts, subgrants, and contracts undcr grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of can.ying 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 24.10 I, shall be The City of Naples - 2008 CDDG Street Parking Pagc 14 of27 Agenda Item No. 1608 November 18, 2008 Page 17 of 29 subject to the provisions of thc CDBG 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 improvcd in whole or pali 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 SUB RECIPIENT agrees to comply with the following requirements insofal' 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 amcnded, 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., Pali 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 tlood hazards, flood insurance under the National Flood Insurance Program is obtaincd and maintaincd as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amcndment (LOMA) may bc obtained from FEMA, which would satisfy this rcquircment and/or reduce the cost of said tlood msurance. C. LEAD-BASED PAINT The Subrccipicnt agrees that allY constmction or rehabilitation of rcsidcntial stmcturcs with assistance providcd undcr this contract shall be subject to HUD Lcad-Bascd Paint Regulations at 24 CFR 570.608, 24 CFR Pmi 25 and 24 CFR part 92.355. Such regulations petiain to all HUD-assisted housing and require that all owners, prospective owners, and tcnants of properties constmcted prior to 1978 be properly notified that sueh properties may includc Icad- based paint. Such noli fication shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should bc takcn when dealing with lead-based paint poisoning and thc advisability and availability of blood lcad lcvcl scrcening for children under seven. The notice should also point out that if lead-based paint is found on the propeliy, abatement measures might be undetiaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with thc Historic Pt.eservation requirements set fOlih in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set fOlih in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the pcrformance of the Contract. In general, The City of Naples - 2008 CDBa Slreet Parking Page 15 of27 Agenda Item No. 1608 November 18, 2008 Page 18 of 29 concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic propeliies that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XII, REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal propeliy that was purchased with COBG funds. Any real property under SUBRECIPIENT control that was acquircd or improved in wholc or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Pati 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primat.ily religious organizations. 24 CFR 570.200(j) specifics the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty seven (27) enumerated pages, which include the cxhibits referenced herein, shall bc exccutcd in two (2) counterparts, cach of which shall be deemed to be an original, atld such counterparts will constitute one and the same instrument. XV. ENTIRE UNDERSTANDING This A!,'feement 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 undeliakings other than those expressly set forth herein. The City of Naples . 2008 CDSa Street Parking Page 16 of27 Agenda Item No. 1608 November 18, 2008 Page 19 of 29 IN WITNESSW1IER}:O}"'~ the Subrecipiellt and the County, have each, respectively, by an authorized person or agent, here tinder set their hands and seals on this November 18,2008. ATI"EST: Dwight E. Brock, Clerk ofCotlrts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Tom Henning, Chairman Dated: (SEAL) Stlb-Rec.il'ient: . Jb"'Cfly~~apl;;9 :;: /::!711 /:s7f/tf'---- Bill Bametl, Mayor Approved as to forlTI and legal sufficiency: ..---, . B. 'I..,' .'J' :,'j \) ,,\:."\' y,_-------'-~. \1.'_ ".__~ Robert D. Pritt, City Attorney By:, Witness: B ') ,,/J y: ,~:<L,!-<lA..t4<..._. ') /~, ,;.:-lI~.~~jj...e1--.<f I .... .'. f.' .je-.s:,/{a. jt. !(cJ~(/t) Je/2...h Type/Print Name The City or Naptts ~ 2008 CDaO Street Pttrking Page 17 of27 Agenda Item No. 1608 November 18, 2008 Page 20 of 29 EXHIBIT "A" SCOPE OF SERVICES CITY OF NAPLES PARKING - INFRASTRUCTURE IMPROVEMENTS THE SUBRECIPIENT AGREES TO: A. PROJECT DESCRIPTION: SUBREC1PJENT proposes to provide on street parking, which will include five parallel spaces on the north side of the right of way between loth and 11 th Street-North. Associated landscaping will include additional ground cover and will support additional trees and palms. Related irrigation for the project will originate on the south side of 5th Avenue-North where the City has an existing reuse water meter and supply. These improvements will benefit the George Wa:;hington Carver (GWC) apartment complex in the River Park East neighborhood. The exact location of the street parking is on the north side of 5th A venue North between 10th Street NOlih and 11th Street North. The parking will be located across from the GWC apartment complex and adjacent to a one-story retail and office space mall. This project will benefit the GWC apartment complex and will provide more accessible parking to the units on the north cnd. All grant funds must be expcnded and the construction completcd, no later than June 15,2009. The Subrecipient will be responsible for the following: a. Posting of visible signage at the work site identifYing the funding source as mentioned in Section VII Part G. b. Submission of request for payment along with suppOliing documentation for payment of services. No work can be initiated until all contract documents are submitted and the contractors are celiified as not being debatTed. c. Follow the Federal Procurement Process. d. Obtain a minimum of three bids for the work to be conducted, as well as provide the Housing and Human Services Depatiment with a copy of contracts, which will include main contractor and sub-contractor infonnation. If Aoolicable: NOTE I: The SUBRECIPIENT shall submit its bid package and drawings/specifications to HHS and obtain a letter of approval prior to bidding thc construction work. The City of Naples - 2008 CDSa Street Parking Pagc 18 of27 Agenda Item No. 16D8 November 18, 2008 Page 21 of 29 NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall 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 thc budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sutIicient funding is available to complete the established scope of work. The SUBRECIPlENT shall obtain HHS's approval prior to awarding the constl1lction 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 equipmcnt received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request advancement for matcrials and equipment that have been installed. The SUBRECIPIENT fuliher agrces that HHS, in consultation with any parties HHS deems neccssary, shall be the final arbiter on the SUBRECIPIENT's compliancc with the above, B. BUDGET: Provide on street parking, which will include five parallel spaces on the north side of the right of way between 10'h and II 'h Street-nOlih. Associated landscaping will include additional ground cover and will support additional trees and palms, Related irrigation for the project will originate on the south side of 5'h A venue-Nortl, where the City has an existing rcuse water meter and supply. Line Item CDBG Funds Curbs, Sidewalk and navin" of parking . $40,719 Site Preparation; Equipment Mobilization, $15,113 MOT, Site Prep and Soil Landscaping, Palms, mulch ai,d Sod $17,068 Irrigation $32,417 10% Contingencv $10,532 Total $115,849 C. STAFFING: Provide list of staff directly responsible for reporting and request for paymcnt processing. D. BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-IIO (Uniform Administrative Rcquirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantces, performancc bonds, and payment bonds. E. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. F. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Milestone Deadline Permits October, 2008 Bid PrelJarations November, 2008 --"- .._--"- The City of Naples - 2008 CDSa Street Parking Page 19 of27 Agenda Item No. 1608 November 18, 2008 Page 22 of 29 Float Bids November,2008-December 2008 Select Vendors January, 2009 Construction February, 2009-May. 2009 Close-Out June 15, 2009 Please note that if allY of these activities exceed the timelines by two months a revised work schedule must be submitted to HHS. G. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress rcports to HHS outlining the status of specific activities under the project. Each report must account for the total activity for which the SUB RECIPIENT is paid with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on tl1e fonn Exhibit "E". The progress reports shall be used as an additional basis for HHS approval of invoices, etc. for payment. H, OUTCOME PERFORMANCE MEASUREMENTS: PERFORMANCE PERFORMANCE ACTIVITY INDICA TORSINUMBERS OBJECTIVE/OUTCOME MEASURE PROJECTED Sustainability for the Number of persons Improvement I (Public Facility) purpose of creating a benefiting from the of Public sui table living public facility Facility environment I. DAVIS-BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage decision for the project prior to advetiising 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). 1. COMPENSATION: The County shall reimburse the SUBRECIPIENT for the perfOlmance of this Agreement upon completion or paIiial completion ofthe work tasks as accepted and approved by HHS pursuant to the submittal of monthly prob>Tess repolis as identified in Section G. Payments shall be made to the SUBRECIP1ENT when requested as work progresses, but not more frequently than once per month. Adherence to the work schedule identified in Section F will bc required, unless modified in writing by the parties. Payment will be made upon receipt of a proper invoice and in compliance with Section 2l8.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". End of Exhibit A The City of Naples . 2008 CDBG Street Parking Page 20 of 27 Agenda Item No. 1608 November 18, 2008 Page 23 of 29 EXHIBIT "B" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: The Citv ofNaoles Subrecipient Address: 735 Eighth Street South. Naples. Florida 34102-6796 Project Name: Sh.eet Parking Project No: CD-' Paymer,t Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS t. Grant Amount Awarded $ 115,849 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, Currcnt Grant Balancc (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 thc Sub-recipient. [also certify that the amount of the Rcqucst for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director (approval authority under $14,999) (approval rcquired $15,000 alld above) End of Exhibit B The City of Naples. 2008 CDDa Street Parking Page 21 of27 Agenda Item No. 16D8 November 18, 2008 Page 24 of 29 EXHIBIT "c' ADDITIONAL CDBG GRANT REOUIREMENTS End of Exhibit C The City of Naples - 2008 CDDG Street Parking Page 22 of27 Agenda Item No. 1608 November 18. 2008 Page 25 of 29 EXHIBIT "D" INSURANCE REQUIREMENTS The SUB RECIPIENT shall furnish to Collier County, c/o Housing and Human Services Department, 3050 Horscshoe Drive North, Suite 110, Naples, Florida 34104, Certificatc(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: (a.) Workers' Compensation as required by Chapter 440, Florida Statutes. (b.) Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. (c) Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in cOlmection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. DES iON STAaE (IF APPLICABLE) In addition to the insurance required in (I) - (3) above, a Certificate oflnsurance must be provided as follows: (d.) Professional Liability Insurance in the name of the SUB RECIPIENT or the licensed design professional employed by the SUB RECIPIENT in an amount not less than $300,000 pcr occurrcncc 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 performcd by the SUBRECIPIENT or any pcrson employed by the SUI3RECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTiON PHASE (IF APPLICABLE) In addition to the insurance required in (1) - (4) above, the SUBRECIPElNT shall providc or cause its Subcontractors to provide original policies indicating thc 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 lcss than one hundred (100%) percent of the insurable valuc of the building(s) or stl1.1cture(s). The policy shall be in the name of Collicr County and the SUB RECIPIENT. (f.) Flood Insurancc shall be providcd for thosc properties found to be within a flood hazard zone, in an amount not less than the full replace valucs of the completcd structure(s) or the maximum amount of covcrage available through the National Flood Insurance Program (NFIP), whichevcr is greater. The policy will show Collier County as a Loss The City ofNapies . 2008 CDDa Street Parking Page 23 of 27 Agenda Item No. 1608 November 18, 2008 Page 26 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 OPERATION/MANAaEMENT 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 replacemcnt cost of the prope1iy. Collier County must be shown as a Loss payee with respect to this coverage A.T.LM.A. (i.) Flood Insurance coverage for those propeliies found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A,T.I.M.A, End of Exhibit D The City of Naples . 2008 CDBa Street Parking Page 24 of 27 Agenda Item No. 16D8 November 18, 2008 Page 27 of 29 EXHIBIT "E" CDBG MONTHL Y PROGRESS REPORT Complete form for past montlt and submit to Housing &Human Service's staffby tlte ](/" oftltefollowing montlt. Status Report for Month of Submittal Date: Project Name Street Parking Project Number CD-, Activity Number Subrecipient: The Citv ofNaDles Contact Person Greg Givens Telephonc: (239) 312-1029 Fax: (239) 213-1033 E-mail: ggi vcns(wnaD I cs gov. com 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have impiemented 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. The City of Napks - 2008 CDBG Street Parking Page 25 of 27 Agenda Item No. 1608 November 18, 2008 Page 28 of 29 Exhibit E, Continued 6. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract F ederallD (see definitions 011 (see definitions on Number Number following page) following page) 7. For projects that serv~ a particular clientele, please complete the following infol111ation 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 houscholds 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 o.rben~fzciaries in the blank space and in box" I. " INCOME Of the households or persons assisted, are extremely low-income income (0-30%) of the current Median Family Income (MFI). Enter this number in box "2. " Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFr). Enter this number in box "3. " Of these households or persons assisted, Income (MFI). Enter this number in box "4. " NOTE: The total 0.( boxes 2, 3 and 4 should equal the number ill box 1. are low-income (51-80%) of the CUlTent Median Family FEMALE HEAD OF HOUSEHOLD This project assisted in box "5" beiow. Fcmale Head of Houscholds REGARDLESS of income. Enter this number BOX I BOX2 BOX) 80X 4 BOX5 Total Number or Extremely Very Low Income Femalcl-!::adof Households or Persons Low Income Low fncome (51-80%) Household Assisted (0-30%) (31-50%) i I Subrecipient's must indicate total beneficiaries for Race AND Ethnicity The City of Naples . 2008 CDBa Street Parking Page 26 of 27 Agenda Item No. 1608 November 18, 2008 Page 29 of 29 Exhibit E, Continued Definitions of Race: 1. White: A person having Oligins in any of the original peoples of Europe, the Middle East, or North Afri ca. 2. Black or African-American: A person having origins in any of the black racial &>fOUPS 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 Ccntral 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 othcr Pacific Islands. Definitions of Ethnicity: 1. Hispanic or Latino: A person of Cuban, Mexican, Pucrto Rican, South or Central American, or other Spanish cui ture or origin, regardless of race. Tabulation Table of Race and Ethnicitv Bcneficiaries Race # Total # Hispanic --- White ~~k or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander Amcrican Indian/Alaska Native alld White - Asian ami White Black! African American and White Amcrican Indian/Alaskan Native (ltld Black/African American Other Multi-Racial TOTAL: End of Exhibit E The City of Naples - 2008 CDBa Street Parking Page 27 of 27