Agenda 09/09-10/2008 Item #16D27
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Recommendation that the Board of County Commissioners~ apprcl\les;anifautllorizes its Chairman
to sign, a Subrecipient Agreement providing a Community Development Block Grant in the amount
of $75,336 to the City of Marco Island, for the construction of sidewalks on Marco Island.
Prepared By:
Department
Information Technology
Date
8/14/2008 2:27:24 PM
Approved By:
Department
Approval
Date
County Approved
Manager's Office
9/4/2008 1 :21 AM
ATTACHMENTS:
Name:
[l EXECUTIVE
SUMMARY.doc
[J A9re~sianed bv Jeff
Wriaht and Mateo Island.odf
Description:
Type:
Executive Summary
Executive Summary
Sub-Recipient Agreement
Cover Memo
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EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes its
Chairman to sign, a Subrecipient Agreement providing a Community Development Block
Grant in the amount of $75,336 to the City of Marco Island, for the construction of sidewalks
on Marco Island.
OBJECTIVE: The City of Marco Island proposes to construct a pedestrian sidewalk adjacent to
both sides of Marco Lake Drive, between 1 st and 6th Avenues which is located within The City of
Marco Island in Collier County, Florida.
CONSIDERATIONS: The Sub-recipient Agreement Scope of Services includes the
construction of a pedestrian sidewalk adjacent to both sides of Marco Lake Drive, between 1st
Avenue and 6th A venue. 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 surveys, project design, construction management
services, culverts, storm management, excavation and preparation, grading, fence removal, sod
and landscaping, restoration, and contingencies.
On April 25, 2006, the Board of County Commissioners approved submittal of the County's
second 5- Y ear Consolidated Plan FY 2006 through 20 I 0 and adopted the current One- Year
Action Plan for FY 2007 - 2008 which outlined the activities to be funded between July I, 2007
and June 30, 2008. A summary of the projects to be funded and the number of beneficiaries are
published in the 2007-2008 Action Plan.
This project was delayed due to obtaining approval from H.U.D. for all income survey conducted
of the Marco Island neighborhood on Marco Island, approval from Florida Fish and Wildlife for
the environmental review, and the Marco Island City Council being on leave during the summer
session.
The Board of County Commissioners approved the Action Plan on April 25, 2006 which
included sidewalk construction on Marco Island in the amount of$75,336.
FISCAL IMPACT: Approval of this contract will provide a Community Development Block
Grant in the amount of $75,336 to the City of Marco Island, for the construction of sidewalks.
The total amount of federal Grant funding available is $3,199,263. No general funds will be
used for these projects.
GROWTH MANAGEMENT IMPACT: The proposed grant to the City of Marco Island will
benefit the low-income residents of Marco Island, which is consistent with the Growth
Management Plan.
LEGAL CONSIDERATIONS: The Agreement has been approved by the County Attorney's
Office. It is legally sufficient for Board action.- C.M.G.
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RECOMMENDATION: That the Board of County Commissioners approves and authorizes its
Chairman to sign a Subrecipient Agreement providing a $75,336 grant to the City of Marco
Island, using U.S. Department of Housing and Urban Development (HUD) COlmnunity
Development Block Grant (CDBG) funds.
Prepared by: Sandra Marrero, Grants Management Coordinator
Housing and Human Serviccs Department
AGREEMENT BETWEEN COLLIER COUNTY
AND
THE CITY OF MARCO ISLAND
SIDEWALKS
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # B-07-UC-12-0016
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THIS AGREEMENT, is made and entered into by and between Collier County, a political subdivision of the
State of Florida, hereinafterreferred to as "COUNTY," and the City of Marco Island, hereinafter referred to as
"SUBRECIPIENT existing under the laws of the State of Florida, having its principal office at 50 Bald Eagle
Drive, Marco Island, Florida 34145, and its Federal Tax Identification number as 59-347-9845, effective July
1,2007.
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 certain activities to primarily
benefit low and moderate income persons and neighborhoods and to alternatively use Community
Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to
improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and
other activities which are related to neighborhood/community improvements; to improve the condition of life
for persons who require physical access or other services that meet their individual needs; and to provide for
long range community improvements by assessing current conditions and planning long range improvement
programs as described in the Consolidated Plan submission; and
WHEREAS, the Fiscal Year 2007-2008 Consolidated One-Year Action Plan was developed following the
Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001, and
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-l.QL on April 24, 2007, including the use of this standard form Agreement; and
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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 SUBRECIPlENT 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 SUBRECIPlENT 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
(1) "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" means the Housing and Human Services Department of Collier County.
(4) "SUBRECIPIENT" means the Citv of Marco Island
(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 forth in Exhibit "A".
II. SCOPE OF SERVICES
The SUBRECIPlENT 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 "C," all of which are attached hereto and
made a part hereof.
III. TIME OF PERFORMANCE
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the
timely release of funds for this project by HUD under Grant No. B-07-UC-12-0016. The effective date shall
be the latest date of execution of this Agreement, and the services of the SUBRECIPlENT shall be undertaken
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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 December 31, 2008. Any funds not obligated by the expiration
date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIlI
H below.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUB RECIPIENT shall be reimbursed by the COUNTY for allowable costs, determined by COLLIER
COUNTY, in an amount not to exceed SEVENTY FIVE THOUSAND THREE HUNDRED THIRTY SIX
DOLLARS ($75,336.00) for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put
out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The
SUB RECIPIENT shall enter into contract for improvements with the lowest responsive and responsible
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 Housing & Human
Services at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and
to the SUB RECIPIENT when delivered to its office at the address listed on page one (I) of this Agreement.
VI. SPECIAL CONDITIONS
The SUBRECIPIENT agrees to comply 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 SUB RECIPIENT
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 REQUIRED PROCEDURES
The SUB RECIPIENT 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
SUBRECIPIENT shall notify HHS in writing within thirty (30) days of receiving notification
from the fimding source and submit a cost allocation plan for approval by the HHS Department
or designee within forty-five (45) days of said official notification.
B. COMPLIANCE WITH LOCAL AND FEDERAL RULES. REGULATIONS AND LAWS
During the performance of the Agreement, the SUB RECIPIENT agrees to comply with any
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applicable laws, regulations and orders listed below which by reference are~j
made a part hereof. The SUB RECIPIENT further agrees to abide by all other applicable laws,
I. 24 CFR Part 570, as amend cd - 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 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 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 135 - 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.
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 the 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
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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. See attachment A-3.
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 (i 8 D.S.C. 874 and 40 D.S.C.
276c), which deals with employee forfeiture of compensation by force.
22. Florida Statutes, Chapter 112 - which deals with conflict of interest.
23. HUD - 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-I02. This subpart includes 24 CFR
570.502.
26.0MB Circular A-133 - concerning annual audits.
27.0MB Circular A-122 - which identifies cost principles.
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-110 Codified in the Uniform Administrative
Requirements for Grants and Agreements 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 Governments.
C. SUBCONTRACTS
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Any work or services subcontracted by the SDBRECIPlENT shall be specifically by written
contract or agreement, and such subcontracts shall be subj ect to each provision of this
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Agreement and applicable County, State, and Federal guidelines and regulations. Prior to
execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be
submitted by the SUBRECIPIENT to 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 performing 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 SUBRECIPlENT cost.
None of the work or services covered by this Agreement, including but not limited to
consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by
the COUNTY without prior written approval of the HHS Department or his designee.
D. AMENDMENTS
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. 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.
E. INDEMNIFICATION
The SUBRECIPlENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its
agents, its employees and elected officers harmless from and against any and all claims,
liability, expense, loss, cost, damages or causes of action of every kind or character, including
attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the
performance of the terms of this Agreement, or due to the acts or omissions of the
SUBRECIPIENT.
SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or
applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT
will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the
COUNTY is obligated to refund the Federal Government arising out of the conduct of activities
and administration of SUBRECIPIENT.
F. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as
to funding source. The SUB RECIPIENT will include a reference to the financial support herein
provided by HHS in all publications and publicity. In addition, the SUBRECIPlENT 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 conventional 4'X8" plywood back
panel and other conventional constlUction materials and methods.
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G.
TERMINA nON
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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. In the event of termination, the SUBRECIPIENT shall not be
relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any
breach of the Contract by the SUB RECIPIENT, and the COUNTY may withhold any payment
to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages
due to the COUNTY from the SUB RECIPIENT 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. TERMINA nON 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. TERMINATION DUE TO CESSATION
In the event the grant to the COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be
suspended or terminated effective on the date that HUD specifies.
H. INSURANCE
The SUBRECIPIENT agrees this coverage shall be provided on a primary basis.
I. COMMERCIAL GENERAL LIABILITY
The SUB RECIPIENT shall agree to maintain Commercial General Liability at a limit of
liability not less than $100,000 per person and $200,000 per accidentloccurrence per Florida
Statutes S 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes S 768.28. Coverage shall not contain any endorsement excluding Contractual
Liability or Cross Liability unless granted by the County's Risk Management Department. The
SUBRECIPIENT agrees this coverage shall be provided on a primary basis.
2. BUSINESS AUTOMOBILE LIABILITY
The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of
liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida
Statutes S 768.28 and $2,000,000 per accident for federal and outside Florida litigation per
Florida Statutes S 768.28 for all owned, non-owned and hired automobiles. The '-
SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than
10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier
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County Board of County Commissioners shall be endorsed to the policya~ aL:OSs Payee. The
SUB RECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention
or uncovered losses. The SUB RECIPIENT agrees this coverage shall be provided on a primary
basis.
3. ADDITIONAL INSURED
The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG
2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to
the Commercial General Liability. The Additional Insured endorsement shall read "Collier
County Board of Coun.JLCommissioners, a Political Subdivision of the State of Florida, its
Officers, Emnlovees. and Agents, c/o Housing & Human Services Department". The
SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a
primary basis.
4. CERTIFICATE OF INSURANCE
The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance
evidencing the required insurance is in full force and effect within thirty (30) calendar days
prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day
endeavor to notify due to cancellation or non-renewal of coverage shall be included on the
certificate(s).
5. RIGHT TO REVIEW AND ADJUST
The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk
Management Department, in cooperation with the HHS Department, reserves the right to
periodically review, modify, reject or accept any required policies of insurance, including
limits, coverage's, or endorsements, herein from time to time throughout the life of this
Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any
insurer providing coverage because of its poor financial condition or failure to operate legally.
1. INDEPENDENT AGENT AND EMPLOYEES
The SUB RECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as
an independent agent and that its employees are not Collier County employees and are not
subject to the COUNTY provisions of the law applicable to County employees relative to
employment, hours of work, rates of compensation, leave, unemployment compensation and
employee benefits.
VlIl. ADMINISTRATIVE REQUIREMENTS
A. FINANCIAL MANAGEMENT
The SUB RECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and
other Non-Profit Organizations) and agrees to adhere to the accounting principles and
procedures required therein, utilize adequate internal controls, and maintain necessary source
docun1entation for all costs incurred.
B. DOCUMENTATION AND RECORD - KEEPING
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The SUBRECIPIENT shall maintain all records required by the CDBG 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 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
Agreement shall 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.
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3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the
preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and
HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi).
4. SUBRECIPIENT shall submit monthly beneficiary reports to Housing & Human
Services using Exhibit "Coo.
5. The SUBRECIPIENT shall maintain records showing compliance with the Davis-
Bacon Law, including files containing contractor payrolls, employee interviews, Davis-
Bacon wage rates, and administrative cross-referencing. SUB RECIPIENT shall
maintain records showing contractor compliance with the Contract Work Hours and
Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing
compliance with federal purchasing requirements and with other federal requirements
for grant implementation.
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-IIO, A-I22, 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.
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F. PRIOR WRITTEN APPROVALS-SUMMARY
The following activities require the prior written approval of the HHS Department or designee
in order to be eligible for reimbursement.
(a) All subcontracts and agreements proposed to be entered into by the SUBRECIPlENT
pursuant to this Agreement;
(b) All capital equipment expenditures of $1 ,000 or more;
(c) All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes,
Chapter 112.061);
(d) All change orders; and
(e) All requests to utilize uncommitted funds after the expiration of this agreement for
programs described in Exhibit A, and
(f) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of
living.
G. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as HHS, the COUNTY, HUD, or the
Comptroller General of the United States may deem necessary, there shall be made available by
the SUBRECIPlENT to HHS, the COUNTY, HUD, or the Comptroller General for
examination all its records with respect to all matters covered by this Agreement.
The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as
amended, as it pertains to this Agreement and any subcontracts entered into under this
Agreement. This will require the SUB RECIPIENT to submit a single audit, including any
management letter, made in accordance with the general program requirements of OMB
Circulars A-IIO (Uniform Administrative Requirement for Federal Grants), A-I22 (Cost
Principles for Non-Profit Organizations), A-B3 (Audits of State, Local Governments, and
Non-Profit Organizations), and other applicable regulations within one hundred and eighty
(180) days after the end of any fiscal year covered by this agreement in which Federal funds
from all sources are expended. Said audit shall be made by a Certified Public Accountant of the
SUBRECIPIENT's choosing. The SUBRECIPlENT shall provide such audit to HHS. In the
event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial
statements, the SUB RECIPIENT shall request an extension in advance of the deadline. The
cost of said audit shall be borne by the SUBRECIPlENT. In the event the SUBRECIPIENT is
exempt from having an audit conducted under A-133 (Audits of State, Local Govemments, and
Non-Profit Organizations), the COUNTY reserves the right to require submission of audited
financial statements andlor to conduct a "limited scope audit" of the SUB RECIPIENT as
defined in A-133. The COUNTY will be responsible for providing technical assistance to the
SUBRECIPIENT, as deemed necessary by the COUNTY.
H. PROGRAM-GENERATED INCOME
All income earned by the SUB RECIPIENT 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__
SUB RECIPIENT 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-IIO (Uniform Administrative
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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 Agency. Program Income shall be utilized to undertake activities
specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to
stated activities. Any Program Income on hand at or received by the SUB RECIPIENT 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.
1. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT obligation to the COUNTY shall not 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 REQUIREMENTS
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 canied out by the performance of this
Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right
to terminate this Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUB RECIPIENT shall comply with the
Section 3 Clause 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
Agreement, the SUBREClPIENT shall make a positive effort to utilize small business and
minority/women-owned business enterprises of supplies and services, and provide these
sources the maximum feasible opportunity to compete for contracts to be performed pursuant to
this Agreement. To the maximum extent feasible these small business and minority/women-
owned business enterprises shall be located in or owned by residents of the CDBG areas
designated by Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARlES
At least fifty-one percent (51 %) of the beneficiaries of a proj ect funded through this Agreement
must be low- and moderate- income persons. Ifthe proj ect is located in an entitlement city, as
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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 Collier County or in municipalities participating in the County's Urban County
Qualification Program. The project funded under this Agreement shall assist beneficiaries as
defined above for the time period designated in Exhibit A of this Agreement. The
SUBRECIPIENT shall provide written verification of compliance to HHS upon HHS's request.
D. EV ALUA TION 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 SUBREClPIENT agrees to furnish upon
request to HHS, the COUNTY or the COUNTY's designees and make copies or transcriptions
of such records and infonnation, as is determined necessary by HHS or the COUNTY. The
SUBRECIPIENT shall, upon the requesl 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 of HHS by HUD. The
SUB RECIPIENT shall allow HHS or HUD to monitor the SUBRECIPIENT on site. Such site
visits may be scheduled or unscheduled as detcrmined by HHS or HUD.
E. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the target areas or any parcels therein, which would conflict in any manner or
degree with the performance of this Agreement and that no person having any conflict of
interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict
of interest on the part of the SUB RECIPIENT 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
employment of and participation of low and moderate-income residents of the project target
area.
F. PUBLIC ENTITY CRIMES
As provided in F.S. 287.133 by entering into this Agreement or perfom1ing any work in
fmtherance 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 hercof. This notice is required by F.S. 287.133 (3)(a).
G. DRUG-FREE WORKPLACE REQUIREMENTS
The SUB RECIPIENT, as a condition of being awarded, must certify that they will 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.
R
CERTIFICATION REGARDING LOBBYING
.-
The undersigned certifies, to the best of his or her knowledge and belief, that:
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1.
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No Federal appropriated funds have been paid or will be paid, by or o!gnaii~~e~'
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 Fcdcral contract, grant, loan, or cooperative
agreement.
2.
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying", in accordance with its instructions.
3.
The undersigned shall require that the language of this certification be iricluded 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.
1. REAL PROPERTY
Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Unifonn Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be
subject to the provisions of the CDBG Regulations including, but not limited to, the provisions
on use and disposition of property. Any real property within the SUB RECIPIENT 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 SUB RECIPIENT, as Subrecipient, agrees to comply with the following requirements
insofar as they apply to the performance ofthe 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 (EP A) 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
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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 andlor reduce the cost of said flood
msurance.
C. LEAD-BASED PAINT
The Subrecipient agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subj ect 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 all
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 under
seven. The notice should also point out that if lead-based paint is found on the property,
abatement measures might be undertaken.
D. HISTORIC PRESERVATlON
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection
of Historical Properties, insofar as they apply to the performance of the Contract. In general,
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.
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 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 regulations 24 CFR Part
570.503(B)(8).
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XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
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CDBG funds may not be used for religious activities or provided to primarily religious organizations.
24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference.
XIV. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty-three (23) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an
original, and such counterparts will constitute one and the same instrument.
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ENTIRE UNDERSTANDING
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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.
IN WITNESS THEREOF, the parties hereto have caused this ~page agreement to be executed by their
undersigned officials as duly authorized effective the 1st day of July, 2007.
BY:
CITY OF MARCO ISLAND.
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WILLIAM D. TROTTER, CHAIRMAN
CITY OF MARCO ISLAND CITY COUNCIL
(SUBRECIPIENT SEAL)
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Patricia Morgan, Deputy Clerk
BY:
TOM HENNING, CHAIRMAN
Approved as to form and
leg~
JeffE. Wright
Assi~t County Attorney
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EXHIBIT "A"
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SCOPE OF SERVICES
CITY OF MARCO ISLAND
SIDEWALK CONSTRUCTION
THE SUBRECIPlENT AGREES TO:
A. PROJECT DESCRIPTION:
SUBRECIP lENT. Proposes to: Construct a pedestrian sidewalk adjacent to both sides of Marco Lake
Drive, between I st A venue and 6th A venue which is located within The City of Marco Island in Collier
County, Florida.
B. PROJECT SCOPE:
The purpose of this funding: Construct a pedestrian sidewalk adjacent to both sides of Marco Lake
Drive, between 1st Avenue and 6th Avenue which is located on Marco Island in Collier County,
Florida. The construction of these sidewalks will provide for the safety 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, storm management,
excavation and preparation, grading, fence removal, sod and landscaping, restoration, and
contingencies.
The Subrecipient will be responsible for the following:
a. Submission of documentation of match funds listed under Budget in Section C
provided within 30 days of execution date of agreement.
b. 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 HOD.
c. Posting of visible signage at the work site identifying the funding source as
mentioned in Section VII Part F.
d. 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.
e. Follow the Federal Procurement Process.
f. 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.
NOTE I: The SUBRECIPlENT shall submit its bid package and drawingslspecifications to HHS and
obtain a letter of approval prior to bidding the construction work.
NOTE 2: The SUBRECIPlENT 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 the budget.
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NOTE 3: The SUBRECIPlENT shall not award the construction contract for the Project until
sufficient funding is available to complcte the established scope of work. The SUBRECIPIENT shall
obtain HHS's approval prior to awarding the construction contract to be funded through this
agreement. After awarding such contract, the SUBRECIPlENT shall obtain HHS's approval prior to
executing any change orders to such contract.
NOTE 4: The SUBRECIPlENT shall not request reimbursement from HHS for materials or equipment
received and stored on the project site or elsewhere. The SUBRECIPlENT shall only request
reimbursement for materials and equipment that have been installed.
The SUBREClPlENT further agrees that HHS, in consultation with any parties HHS deems necessary,
shall be the final arbiter on the SUBRECIPlENT's compliance with the above.
C. BUDGET: CITY OF MARCO ISLAND SIDEWALK CONSTRUCTION
Line Item:
Survey, project design,
construction management
services and storm
management services, culverts,
excavation and preparation, grading,
fence removal, landscaping
removal, sod and landscaping
restoration and contingencies.
CDBG Funds
$75,336.00
Other (match funds)
$18,000.00
Total
$93,336.00
D. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing.
E. BONDING REOUlREMENTS: The SUBRECIPlENT shall comply with the requirements of OMB
Circular A-110 (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: 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.
G. WORK SCHEDULE: The time frame for completion ofthe outlined activities shall be:
Milestone
100% of fundin ex ended
Deadline
December 3 1, 2008
Please note that if any of these activities exceed the timelines by two months a revised work schedule
must be submitted to HHS.
H. REPORTS: The SUBRECIPIENT shall submit detailed montWy progress reports to HHS outlining
the status of specific activities under the project. Each report must account for the total activity for
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which the SUBRECIPIENT is paid with CDBG funds, in part or in whole, and which is required in
fulfillment of their obligations regarding the Project. The progress repolis shall be submitted on the
form Exhibit "Coo. The progress reports shall be used as an additional basis for HHS's approval of
invoices, etc. for payment.
1. OUTCOME PERFORMANCE MEASUREMENTS:
OBJECTIVE OUTCOMES ACTIVITY INDICA TORS
SUITABLE LIVING IMPROVING CONSTRUCTION OF NUMBER OF
ENVIRONMENT AVAILABILITY OR SIDEWALKS PERSONS ASSISTED
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 pay the SUBRECIPIENT for the performance 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. Payments shall be made as work progresses, but
not more frequently than once per month. Adherence to the work schedule will be required, unless
modified in writing by the parties. Payment will be made upon receipt of a proper invoice and in
compliance with Chapter 218, Fla. Stat., otherwise known as the "Local Government Prompt Payment
Act",
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EXHIBIT "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 CONSTRUCTION
Project No:
Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
$ 75,336.00
2. Sum of Past Claims Paid on this Account
$
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
4. Amount of Previous Unpaid Requests
$
5. Amount of Today's Request
$
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests) $
I certify that this request for payment has been drawn in accordance with the terms and conditions of the
Agreement between the County and us as the Sub-recipient. I also ce11ify 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)
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EXHIBIT "C"
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CDBG MONTHLY PROGRESS REPORT
Completeformfor past month and submit to Housing & Human Services staffby the lrl" of the following
month.
Status Report for Month of
Submittal Date:
Project Name SIDEWALK CONSTRUCTION
Project Number Activity Number
Subrecipient: CITY OF MARCO ISLAND
Contact Person STEVE OLMSTEAD. DIRECTOR COMMUNITY DEVELOPMENT
Telephone: (239) 389-5014
Fax: (239) 389-0255
E-mail:
solmstedlalci tvofinarcoisland.com
1. Activity StatuslMilestones (describe any action taken, relating to this project, during the past month):
2. What eventslactions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this project. Please list and
attach any recent media coverage of your organization relating to this project.
4. List any additional data relevant to the outcome measures listed on the application for this project.
5. Identify any potential issues that may cause delay.
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6. New contracts executed this month (if applicable):
Name of Contractor or Amount of Contractor Race Ethnicity
Subcontractor, Addrcss & Phone Contract Federal ID (see definitions on (see definitions on
Number Number following page) 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 (MFI). Enter this number in box "2. "
Of the households or persons assisted, are very low-income (31-50%) of the current Median
Family Income (MFI). Enter this number in box "3."
Of these households or persons assisted,
Income (MFI). Enter this number in box "4. "
are low-income (51-80%) of the current Median Family
NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1.
FEMALE HEAD OF HOUSEHOLD
This project assisted
in box "5" below.
Female Head ofI-louseholds REGARDLESS of income. Enter this number
BOXl BOX 2 BOX 3 BOX4 BOXS
Tota! Number of Extremely Very Low Income Female Head of
Households or Pel"sons Low Income Low Income (51-80%) Household
Assisted
(0-300/0) (31.50%)
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Subreciuients must indicate total beneficiaries for Race AND Ethnicity
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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 peoplcs 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 ofthe original people of
Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
I. 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
Race # Total # Hispanic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian/ Alaska Native and White
Asian and White
Black/African American and White
American Indian/Alaskan Native and Black/African American
Other Multi-Racial
TOTAL:
Should the subrecipient not be able to complete the project prior to December 31, 2008, a written
request for an extension, along with an updated work schedule, must be submitted to the HHS, 60 days
prior to the expiration of the agreement.
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