Agenda 09/14/2021 Item #16D13 (1st Amendment w/Immokalee Fire Contorl District construction of a new fire station)09/14/2021
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairperson to sign the First Amendment between
Collier County and the Immokalee Fire Control District for the construction of a new fire station in
Immokalee, Florida.
OBJECTIVE: To provide public safety improvements to benefit the residents of Immokalee.
CONSIDERATIONS: The U. S. Department of Housing and Urban Development (HUD) provides
Community Development Block Grant (CDBG) funds to address program-specific needs in the
community.
On June 23, 2020, the Board of County Commissioners (Board) approved a CDBG Subrecipient
Agreement with the Immokalee Fire Control District (IFCD), (Agenda Item #11J). The agreement
established funding for the construction of the proposed new fire station in Immokalee, Florida. The
agreement is for $1,000,000 and the period of performance is from October 1, 2020 to December 31,
2022.
The proposed First Amendment will modify the agreement’s scope to clarify eligible construction costs
and increase the budget to add the remaining funds from the IFCD 2019 CDBG agreement. The 2019
CDBG agreement with IFCD for architecture and engineering services was not fully expended. The
architecture and engineering were completed under budget, leaving a total of $16,646.57. IFCD requested
that the balance of funding be added to the construction activity. The proposed amendment does not
require a formal Substantial Amendment to occur since it is below the $50,000 threshold as stated in the
approved County Citizen Participation Plan.
FISCAL IMPACT: This action has no new Fiscal impact. The funding source for the awards is the
CDBG grant and is budgeted in Fund (705), Projects 33631 and 33689.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board action. - JAB
GROWTH MANAGEMENT IMPACT: This item has no impact on the Housing Element of the
Growth Management Plan of Collier County.
RECOMMENDATION: To approve and authorize the Chairperson to sign the First Amendment
between Collier County and the Immokalee Fire Control District for the construction of a new fire station
in Immokalee, Florida.
Prepared By: Rachel Hansen, Grants Coordinator; Community and Human Services Division
ATTACHMENT(S)
1. IFCD 1st amendment signed (PDF)
2. EXECUTED - IFCD CD20-05 (PDF)
16.D.13
Packet Pg. 2516
09/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.13
Doc ID: 17700
Item Summary: Recommendation to approve and authorize the Chairperson to sign the First
Amendment between Collier County and the Immokalee Fire Control District for the construction of a
new fire station in Immokalee, Florida.
Meeting Date: 09/14/2021
Prepared by:
Title: – Community & Human Services
Name: Rachel Hansen
08/09/2021 8:43 AM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
08/09/2021 8:43 AM
Approved By:
Review:
Community & Human Services Jocelyn Pickens Additional Reviewer Completed 08/09/2021 10:27 AM
Community & Human Services Maggie Lopez Additional Reviewer Completed 08/11/2021 3:03 PM
Community & Human Services Kristi Sonntag CHS Review Completed 08/12/2021 4:51 PM
Community & Human Services Tami Bailey Additional Reviewer Completed 08/12/2021 4:53 PM
Operations & Veteran Services Kimberley Grant Additional Reviewer Completed 08/16/2021 10:58 AM
Public Services Department Todd Henry Public Services Department Completed 08/17/2021 11:19 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/19/2021 8:19 AM
Grants Erica Robinson Level 2 Grants Review Completed 08/23/2021 11:38 AM
Public Services Department Dan Rodriguez PSD Department Head Completed 08/26/2021 9:26 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/26/2021 10:42 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/26/2021 12:41 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 08/30/2021 2:03 PM
Grants Therese Stanley Additional Reviewer Completed 09/01/2021 1:04 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 09/07/2021 11:32 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM
16.D.13
Packet Pg. 2517
16.D.13.aPacket Pg. 2518Attachment: IFCD 1st amendment signed (17700 : Immokalee Fire Control District CDBG First Amendment)
16.D.13.aPacket Pg. 2519Attachment: IFCD 1st amendment signed (17700 : Immokalee Fire Control District CDBG First Amendment)
16.D.13.aPacket Pg. 2520Attachment: IFCD 1st amendment signed (17700 : Immokalee Fire Control District CDBG First Amendment)
16.D.13.aPacket Pg. 2521Attachment: IFCD 1st amendment signed (17700 : Immokalee Fire Control District CDBG First Amendment)
FAIN# B-20-UC-12-0016
Federal Award Date I 0/1/2020
Federal Award Agencv HUD
CFDAName Community
Development Block
Grant
CFDAICSFA# 14.218
Total Amount of Federal $1,000,000
Funds Awarded
Subrecipient Name Immokalee Fire Control
District
DUNS# 010544356
FEIN 59-2198877
R&D No
Indirect Cost Rate No
Period of Performance 10/1/2020 -12/31/2021
Fiscal Year End 9/30
Monitor End: 6/30/26
AGREEMENT BETWEEN COLLIER COUNTY
AND
IMMOKALEE FIRE CONTROL DISTRICT
3rcA
TillS AGREEMENT is made and entered into this L day of June 2020, by and between Collier
County, a political subdivision of the State of Florida, (COUNTY or Grantee) having its principal address
at 3339 E Tamiami Trail, Naples FL 34112, and Immokalee Fire Control District, (SUBRECIPIENT),
having its principal office at 502 New Market Road Eastlmmokalee, FL 34142.
WHEREAS, the COUNTY has entered into an Agreement with the United States Depa1tment of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community
Development Block Grant Program in certain areas of Collier County, pmsuant to Title I of the Housing
and Community Development Act of 1974 (as amended); and
WHEREAS, the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan -One-year Action Plan for Federal Fiscal Year 2020-2021 for the CDBG Program with
Resolution 2020-109 on June 23, 2020 -Agenda Item 11.I; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2020/2021 Annual
Action Plan, on June 23, 2020, with a 30-day Citizen Comment period from May 23, 2020 to June 23, 2020;
and
WHEREAS, the SUBRECIP!ENT has submitted a proposal for participation in the Collier County
CDBG program; and
IMMOKALEB FJRE CONTROL DISTRICT
CD20--05
Iuunokolee Fire St!'ltlon Conslmclion Pagel
16.D.13.b
Packet Pg. 2522 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in the undertaking the CDBG CD20-05 Immokalee Fire Station Construction,
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
PART I
SCOPE OF WORK
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required
as a condition of providing CDBG assistance as provided herein and, as determined by Collier County
Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as
follows:
Project Name: Immokalee Fire Station Construction
Description of project and outcome: CHS, as administrator of the CDBG program, will make
available CDBG funds up to the gross amount of$1,000,000 to the Immokalee Fire Control
District to fund: The partial construction of the proposed new fire station in Immokalee that will
allow the station to be fully operational, minus the living quarters area. This is conditional upon
them receiving state funding or this agreement will have to be terminated.
Construction must be compl_eted within five (5) years after the CDBG 2017-18 funded property
acquisition of 510 New Market Rd. E. in Immokalee, Florida (March 27, 2019) or shall replay all
funds from the land acquisition, design and construction award provided.
The property will be deed restricted for five (5) years commencing on the date of initially meeting
one of the National Objectives, in accordance with 24 CFR 570,505, if applicable.
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this Agreement, the SUBRECIPIENT
must deliver to CHS for approval a detailed project schedule for the completion of the
project, excluding Public Service projects.
B. The following resolutions and policies must be submitted within sixty (60) days of this
Agreement:
D Affirmative Fair Housing Policy
~ Affirmative Action/ Equal Opportunity Policy
~ Conflict of Interest Policy
~ Procurement Policy
~ Uniform Relocation Act Policy
IMMOKALEE PIRE CONTROL DISTRICT
CD20-05
Immokalee Fire Station Construction Page2
16.D.13.b
Packet Pg. 2523 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
[8J Sexual Harassment Policy
[8J Procedure for compliance with the requirements set fotth in Section 3 of the
Housing and Urban Development Act of 1968, as amended (12U.S.C. 794 I u)
[8J Procedures for compliance with the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
[8J Fraud Policy
[8J Limited English Proficiency Policy (LEP)
C. Environmental Review Requirement (ERR) -No program costs can be incurred until an
environmental review of the prnposed project is completed and apprnved. Fmther, the
SUB RECIPIENT will not undertake any activity or commit any funds prior to the issuance
of the CHS Notice to Prnceed (NTP) letter. Violation of this provision may result in the
denial of any reimbursement of funds under this Agreement.
D. Annual Subrecipient Training-All SUBRECIPIENT staff assigned to the administration
and implementation of the Project, established by this Agreement, shall attend the CHS-
sponsored Annual Fair Housing training, except those who attended the training in the
previous year, and at least one staff member shall attend all other CHS-offered training,
relevant to the Project, as determined by the Grants Coordinator, not to exceed four (4)
sessions. Requests for exemption, under this sp.ecial condition, must be submitted to the
Grant Coordinator, in writing, at least 14 days, prior to the training.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Descriotion Federal Amount
Project Component I: The partial construction of the proposed new fire station in $1,000,000
Immokalee
$
Total Federal Funds: $1,000,000
The SUBRECIPIENT will accomplish the following checked project tasks:
Pay all closing costs related to property conveyance □ □ Maintain and provide to the COUNTY, as requested, beneficiary income certification
documentation
[8J Maintain and provide National Objective Documentation
[8J Provide Quarterly Reports on National Objective and project progress
[8J Attendance by a representative from executive management at scheduled partnership
meetings, as requested by CHS
[8J Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
[8J Identify Lead Project Manager
[8J Provide Site Design and Specifications
IMMOKALEE FIRE CONTROL DISTRICT
CD20-05
lmmoka!ee Fire Station Constmction Page3
16.D.13.b
Packet Pg. 2524 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
~ Comply with Davis Bacon Labor Standards
~ Comply with Section 3 and maintain documentation
~ Provide certified payroll weekly throughout construction and rehabilitation
~ Comply with Uniform Relocation Act (URA), if necessary
~ Ensure applicable numbers of units are Section 504/ ADA accessible
~ Ensure the applicable period of continued use for the project is met
B. National Objective
The CDBG program funds awarded to Collier County must benefit low-moderate income persons
(LMI). As such, the SUBRECIPIENT shall ensure that all activities and beneficiaries meet the
definition of:
~ LMA -Low/Mod Area Benefit
D LMC -Low/Mod Clientele Benefit
D LMH -Low/Mod Housing Benefit
□ LMJ -Low/Mod Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons, based
on HUD determined eligible census tracts. Failure to achieve the national objective under this
Agreement will require repayment of the COBO investment under this Agreement.
LMC: Must document that at least 51 percent of persons served, are low to moderate
income persons or households, in order to meet a CDBG National Objective. Failure to achieve the
national objective under this Agreement will require repayment of the CDBG investment under this
Agreement.
LMH: Must document providing or improving permanent residential struchll'es, which
upon completion will be occupied by LMI households. Structures with three or more units must
have at least 51 percent occupied by LMI households and structures with less than three units must
be occupied by I 00 percent LMI households. Failure to achieve the national objective. under this
Agreement will require repayment of the COBO investment under this Agreement.
LMJ: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this Agreement will require repayment of the CDBG
investment under this Agreement.
C. Performance Deliverables
Program Deliverable
Special Grant Condition Policies
(Section I.I)
Insurance
IMMOKALEE FIRE CONTROL DISTRICT
CD20-05
lmmokalee Fire Station Construction
Deliverable Suppmting
Documentation
Policies as stated in this
Agreement
Insurance Cettificate
Submission Schedule
Within sixty (60) days of
Agreement execution
Within 3 0 days of Agreement
execution and Annually within
thi1ty (3 0) days ofrenewal
Page4
16.D.13.b
Packet Pg. 2525 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
Detailed Project Schedule Project Schedule Within sixty (60) days of
Agreement execution
Proiect Plans and Soecifications Site Plans and Soecifications Prior to orocurement
Subcontractor Log Subcontractor Log Initially at construction staii,
and auarterlv thereafter
Submission of Progress Report Exhibit C Quaiierly; within 10 days
following the end of the quarter.
Annually after closeout during
the monitoring oeriod.
Section 3 Report Quaiierly repoti of new hire Quaiierly; within IO days
information following the end of the quarter.
Annually after closeout during
the monitoring period.
Davis Bacon Act Certified Weekly Certified Payroll Weekly within 7 days following
Payroll reports, forms, and supporting issuance of payroll checks
documentation
Financial and Compliance Audit Audit, Management Letter, and Annually: nine (9) months after
Exhibit E FY end for Single Audit OR one
hundred eighty (180) days after
FY end
Continued Use Cetiification Continued Use Affidavit, if Annually; for five ( 5) years after
annlicable meeting the National Obiective
Revenue Plan for maintenance Plan approved by the COUNTY Initial Plan due after completion
and Capital Reserve of construction. Annually
through the period of continued
use
Program Income Reuse Plan Not Aoolicable Not Annlicable
D. Pay1i:Jent Deliverables
Pavment Deliverable Pavment Sunnorting Documentation Submission Schedule
Project Component I: Patiial Submission of supporting documents Submission of
Construction oflmmokalee Fire must be provided as backup, as evidenced monthly invoices.
Station. by banking documents, completed AJA By the 10 th day of
0702-1992 form, or equivalent document each month.
per contractor's Schedule of Values, and
any additional documents as needed. 10%
retainage ($100,000) released upon the
full construction of the Fire Station and
COi issued.
Failure by the SUBRECIPIENT to achieve the National Objective will require repayment of the CDBG
investment under this Agreement.
1.3 PERIOD OF PERFORMANCE
Services of the SUBRECIPIENT shall station October I, 2020 and shall end on December 31,
2022.
IMMOKALEE FIRE CONTROL DISTRICT
CD20-05
lnunoka!cc Fire Station Construction
16.D.13.b
Packet Pg. 2526 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
1.4
1.5
\
i
AGREE~ENT AMOUNT
The coulTY. agrees to make available One million Dollars ($1,000,000) for use by the
SUBRE~/PlENT, during the term of the Agreement (hereinafter, shall be referred to as the
"Funds'} ·
Modificition to the "Budget and Scope" may only be made if approved in advance. Budgeted fund
shifts a1 ong line items shall not be more than 10 percent of the total funding amount and does not
signify I change in scope. Fund shifts that exceed IO percent of the Agreement amount shall only
be madJ with Board of County Commissioners (Board) approval.
The cc[UNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
compl9tion or pmtial completion of the work tasks, as accepted and approved by CHS.
SUBRECJPIENT may not request disbursement of CDBG funds until funds are needed for eligible
costs, fnd all disbursement requests must be limited to the amount needed at the time of the
request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations
incurr1d during the term of this Agreement. Invoices for work performed are required every month.
If no tork has been performed during that month, or if the SUBRECIPIENT is not yet prepared to
send tile required backup, a $0 invoice is required. Explanations may be required if two consecutive
month~ of $0 invoices are submitted. Payments shall be made to the SUBRECJPIENT, when
reques1ted, as work progresses but not more frequently than once per month. Reimbursement will
not oc 1cur if SUBRECIPIENT fails to perform the minimum level of service required by this
Agree1\ient.
Final ii\voices are due no later than 90 days after the end of the Agreement. Work performed during
the tem1
1 of the program but not invoiced within 90 days after the end of the Agreement may not be
processf d without written authorization from the Grant Coordinator.
',,
The CoJnty Manager or designee may extend the term of this Agreement for a period ofup to 180
I
days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to
I .
the SUBfECIPIENT.
I
'1
No paym~nt will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Except where disputed for noncompliance,
payment 0ill be made upon receipt of a properly completed invoice and in compliance with I .
§218.70, F\orida Statutes, otherwise known as the "Local Govemment Prompt Payment Act."
COST PRrNCIPLES
Payments ,to the SUBRECIPIENT are govemed by the Federal grant management rules for cost
allowabili\y found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section Jl.5-Cost Principles) of this Agreement, SUB RECIPIENT is defined as a described in 2
CFR 200,f 3. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimburs1ment shall identify the associated project and approved project task(s) listed under this
IMMOKALEE FIRE CbNTROL DISTRICT
CD20-05 J
lmmokalee Fire Statio I Construction Page 6
16.D.13.b
Packet Pg. 2527 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the project( s) referenced above, as defined in 2 CFR 200 .413. The SUB RECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
SUBRECIPIENTS contractors and vendors are conditioned upon compliance with the procurement
requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the
SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E-Cost Principles. A
Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpa11
E and may impose requirements upon the Developer, in order for the COUNTY to remain
compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal
controls and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this Agreement.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice
delivered or sent as aforesaid shall be effective on the date of delive1y or sending. All notices and
other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Rachel Hanson, Grant Coordinator
Colmmunity and Human Services Division
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: Rachel.Hanson@colliercountyfl.gov
Telephone: (239) 252-5218
SUBRECIPIENT ATTENTION: Michael Choate, Fire Chief
Rita Greenberg, Deputy Chief
IMMOKALEE FIRE CONTROL DISTRICT
CD20-05
lmmoka!ee Fire Station Construction
502 New Market Road East
Naples, Florida 34142
Email: mchoate@immfire.com or rgreenberg@immfire.com
Telephone: (239) 657-2111
Page 7
16.D.13.b
Packet Pg. 2528 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
2.1 AUDITS
PART II
GRANT CONTROL
REQUIREMENTS
At any time during normal business hours and as often as the COUNTY (and/or its representatives)
· may deem necessary, the SUBRECIPIENT shall make available all records, documentation, and
any other data relating to all matters covered by the Agreement for review, inspection, or audit.
Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30
days after receipt by the organization. Failure of the organization to comply with the above audit
requirements will constitute a violation of this Agreement and may result in the withholding of
future payments. The SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted
in accordance with current GRANTEE policy concerning SUB RECIPIENT audits.
The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to
determine compliance with the requirements of this Agreement, the CDBG Program, and all other
applicable laws and regulations. This documentation shall include, but is not limited to, the
following:
A. All records required by CDBG regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by the COUNTY in order to perform the service.
C. All reports, plans, surveys, information, documents, maps, books, records, and other data
procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this
Agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time,
upon request by the COUNTY or CHS. Materials identified in the previous sentence shall
be in accordance with generally accepted accounting principles (GAAP), procedures, and
practices, which sufficiently and properly reflect all revenues and expenditures of funds
provided directly or indirectly by this Agreement, including matching funds and Program
Income. These records shall be maintained to the extent of such detail as will properly
reflect all net costs, direct and indirect labor, materials, equipment, supplies and services,
and other costs and expenses of whatever nature for which reimbursement is claimed under
the provisions of this Agreement.
IMMOKALEE FIRE CONTROL DISTRICT
CD20-05
Immoka!ee Fire Station Construction Page 8
16.D.13.b
Packet Pg. 2529 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
D. Upon completion of all work contemplated under this Agreement, copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested, In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
readily accessible, permanent, and secured location for five (5) years after the date of
submission of the annual performance and evaluation report, as prescribed in 2 CFR
200.333, with the following exception: if any litigation, claim, or audit is started before the
expiration date of the five (5) year period, the records will be maintained until all litigation,
claim, or audit findings involving these records are resolved. If a SUBRECIPIENT ceases
to exist after the closeout of this Agreement, the COUNTY shall be informed, in writing,
of the address where the records are to be kept, as outlined in 2 CFR 200.336, The
SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at
no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon
termination of the Agreement and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
information technology systems of the COUNTY.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832,
Michael.Cox@colliercountyfl.gov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of
1931, including files containing contractor payrolls, employee interviews, Davis-Bacon
wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law.
Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal
purchasing requirements and other federal requirements for grant implementation.
F. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served, and documentation that all households are eligible under HUD
Income Guidelines. The SUB RECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how the National Objective(s), as defined in 24 CFR
570,208, and the eligibility requirement(s) under which funding has been received have
been met. These also include special requirements, such as necessary and appropriate
determinations as defined in 24 CFR 570.208, income certification, and written agreements
with beneficiaries, where applicable.
IMMOKALEE FIRE CONTROL DISTRICT
CD20-05
Immokalee Fire Station Construction Page9
16.D.13.b
Packet Pg. 2530 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
H. SUB RECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records and at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized
by 2 CFR 200.336 and 2 CFR 200.337.
2.3 MONITORING
During the term of the Agreement, SUBRECIPIENT shall submit an annual audit monitoring repo1t
(Exhibit E) to the COUNTY no later than nine (9) months after the Single Audit (or one hundred
eighty (180) days for SUBRECIPIENTS exempt from Single Audit), after the SUBRECIPIENT'S
fiscal year end. The COUNTY will conduct an annual financial and programmatic review.
SUB RECIPIENT agrees that CHS may carry out no less than one (I) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the
request of CHS, submit information and status reports required by CHS or HUD to enable CHS to
evaluate said progress and to allow for completion ofrequired reports. The SUB RECIPIENT shall
allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled, as determined by CHS or HUD.
COUNTY will monitor the performance of the SUB RECIPIENT in an attempt to mitigate fraud,
waste, abuse, or non-performance, based on goals and performance standards, as stated with all
other applicable laws, regulations, and policies governing the funds provided under this Agreement
further defined by 2 CFR 200.331. Substandard performance, as determined by CHS, will constitute
noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT
within a reasonable period of time after being notified by CHS, Agreement suspension or
termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office
of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal
auditor(s) access to all records related to performance of activities in this Agreement.
2.4 PREVENTION OF FRAUD AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient
to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this
Agreement, and to provide for the proper and effective management of all Program and Fiscal
activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and
other significant events shall be clearly documented, and the documentation shall be readily
available for monitoring by COUNTY.
IMMOKALEE FIRE CONTROL DISTRICT
CD20-05
lmmoka!ee Fire Station Constmction Page 10
16.D.13.b
Packet Pg. 2531 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
waste, fraud, and abuse,
SUBRECIPIENT may not discriminate against any employee or other person who repo1is a
violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement. Penalties may be imposed for failure to implement or to make
acceptable progress on such corrective action plans.
In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation
policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant
funds from CHS. CHS's policy for escalation for noncompliance is as follows:
I. Initial noncompliance may result in Findings or Concerns being issued to the
SUBRECIPIENT, which will require a corrective action plan to be submitted to
the COUNTY within 15 days following issuance of the repott.
• Any pay requests that have been submitted to the COUNTY for payment will
be held until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the
SUBRECIPIENT, as needed, in order to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan to the COUNTY in a
timely manner, the COUNTY may require a p01iion of the awarded grant amount
be returned to the COUNTY.
• The COUNTY may require upwards of 5 percent of the award amount be
returned to the COUNTY, at the discretion of the Board.
• The SUBRECIPIENT may be denied future consideration as set fo1ih in
Resolution No. 2013-228.
3. If SUB RECIPIENT continues to fail to correct the outstanding issue or repeats an
issue that was previously corrected and has been informed by the COUNTY of
their substantial non-compliance by certified mail, the COUNTY may require a
portion of the awarded grant amount or the amount of the CDBG investment for
acquisition of the properties conveyed, be returned to the COUNTY.
IMMOKALEE FIRE CONTROL DISTRICT
CD20-05
[mmokalee Fire Station Construction Page 11
16.D.13.b
Packet Pg. 2532 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
2.6
I 4.
I
I
I
I
• The COUNTY may require upwards of 10 percent of the award amount be
returned to the COUNTY, at the discretion of the Board.
• The SUBRECIPIENTwill be considered in violation of Resolution No. 2013-
228.
If after repeated notification, SUBRECIPIENT continues to be substantially
noncompliant, the COUNTY may recommend the Agreement or award be
terminated.
• The COUNTY will make a recommendation to the Board to immediately
terminate the contract or Agreement. The SUBRECIPIENT will be required
to repay all funds disbursed by the COUNTY for the project that was
terminated. This includes the amount invested by the COUNTY for the initial
acquisition of prope1ties or other activities.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228 .
If the SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
nonrompliant, the above sanctions may be imposed across all awards at the Board's discretion.
REtORTS
Reittbursement may be contingent upon the timely receipt of complete and accurate reports
requ\red by this Agreement, and on the resolution of monitoring findings identified pursuant to this
Agre\ment, as deemed necessary by the County Manager or designee.
Dmin1g the term of this Agreement, SUBRECIPIENT shall submit qua1terly progress repo1ts to the
COUNTY on the I 0th day of January, April, July, and October, respectively, for the prior quaiter I
perio<l''fnd. As part of the repo1t submitted in October, the SUBRECIPIENT also agrees to include,
a comJirehensive final report covering the agreed-upon Program objectives, activities, and
expenditures including but not limited to, performance data on client feedback with respect to the
goals an~ objectives set fo1th in Exhibit C. Exhibit C contains an example repo1ting form to be used
in fulfill1)1ent of this requirement. Other reporting requirements may be required by the County
Manager br designee if the Program changes, the need for additional information or documentation
arises, aiid/or legislative amendments are enacted. Repo1ts and/or requested documentation not
received /by the due date shall be considered delinquent and may be cause for default and
terminatibn of this Agreement.
IMMOKALEE FIRE CdNTROL DISTRICT
CD20-05 d
Immokalce Fire Station rstruction Page 12
16.D.13.b
Packet Pg. 2533 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Patt 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)), including subpart K of these regulations, except
that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities
described in 24 CFR 570.604; (2) the SUBRECIPIENT does not assume the recipient's
responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the
SUBRECIPIENT is required to follow federal procurement process; and (4) for Developers,
revenue generated is not considered program income. The CDBG program was funded through the
Housing and Community Development Act of 1974. The SUB RECIPIENT also agrees to comply
with all other applicable laws, regulations, and policies governing the funds provided under this
Agreement. The SUB RECIPIENT further agrees to utilize funds available under this Agreement to
supplement rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating
or establishing the relationship of employer/employee between the parties. The SUB RECIPIENT
shall at all times remain an "independent contractor" with respect to the services to be performed
under this Agreement. The COUNTY shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation
Insurance, as the SUBRECIPIENT is an independent contractor.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each organization, and approved by the COUNTY'S governing
body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY
or SUB RECIPIENT from its obligations under this Agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or
Local governmental guidelines, policies, and available funding amounts, or for other reasons. If
such amendments result in a change in the funding, the scope of services, or schedule of the
IMMOKALEE FIRE CONTROL DISTRICT
CD20-05
Immoka!ee Fire Station Construction Page 13
16.D.13.b
Packet Pg. 2534 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
activities to be undertaken as part of this Agreement, such modifications will be incorporated only
by written amendment, signed by both COUNTY and SUBRECIPJENT.
3.5 AVAILABILITY OF FUNDS
The pa1ties acknowledge that the Funds originate from HUD CDBG grant funds and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing CDBG funds pettaining to this Agreement. In the event
of curtailment or non-production of said federal funds, or the reduction of funds awarded by HUD
to Collier County, to a level determined by the County Manager to be insufficient to adequately
administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all
or any portion of the funds will not be available. In either event, the COUNTY may terminate this
Agreement, which termination shall be effective as of the date that it is detennined by the County
Manager or designee, in his/her sole discretion and judgment, that the funds are no longer available.
In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to
hold the COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this Agreement, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECJPIENT shall indemnify and hold
hannless the COUNTY, its· officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act or omission, including
but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the SUBRECJPJENT .or any of its
agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or
any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified
party or person described in this paragraph. The SUBRECIPJENT shall pay all claims and losses
of any nature whatsoever in connection therewith and shall defend all suits in the name of the
COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue there-
on. This Indemnification shall survive the termination and/or expiration of this Agreement. This
section does not pertain to any incident arising from the sole negligence of COUNTY. The
foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits
set forth in Section 768.28, Florida Statutes. This section shall survive the expiration of termination
of this Agreement.
3.7 GRANTEE RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advettisements, descriptions of the sponsorships of the Program, research reports, and similar
IMMOKALEE FIRE CONTROL DISTRICT
CD20-05
!mmokalee Fire Station Construction Page 14
16.D.13.b
Packet Pg. 2535 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on
behalf of, and/or about the Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY
COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team, as well as
Equal Housing Oppottunity,.to the general public. Construction signs shall comply with applicable
COUNTY codes.
3.8 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.339, this Agreement may also be terminated for convenience by
either the COUNTY or the SUBRECIPIENT, in whole or in pa1t, by setting fo1th the reasons for
such termination, the effective date, and, in the case of paitial terminations, the potiion to be
terminated. However, if in the case of a pattial termination, the COUNTY determines that the
remaining portion of the award will not accomplish the purpose for which the award was made, the
COUNTY may terminate the award in its entirety.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement, in compliance with 2 CFR 200, Appendix II (A):
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as
may become applicable at any time.
B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this Agreement.
C. Ineffective or improper use of funds provided under this Agreement.
D. Submission of reports that are inconect or incomplete in any material respect by the
SUBRECIPIENT to the COUNTY.
E. Submission of any false certification by the SUBRECIPIENT.
F. Failure to materially comply with any terms of this Agreement.
G. Failure to materially comply with the terms of any other Agreement between the COUNTY
and the SUBRECIPIENT relating to the project.
IMMOKALEE FIRE CONTROL DISTRICT
CD20-05
lmmolrnlee Fire Station Construction Page 15
16.D.13.b
Packet Pg. 2536 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
In the event of any default by SUB RECIPIENT under this Agreement, the COUNTY may seek any
combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix
II (B):
A. Require specific performance of the Agreement, in whole or in part.
B. Require the use of, or change in, professional property management.
C. Require immediate repayment to the COUNTY of all CDBG funds that SUBRECIPIENT
has received under this Agreement.
D. Apply sanctions, if determined by the COUNTY to be applicable.
E. · Stop all payments, until identified deficiencies are corrected.
F. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination
and specifying the effective date of such termination. If the Agreement is terminated by the
COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or claim
of benefit for any incomplete project activities undertaken under this Agreement.
3.9 REVERSION OF ASSETS
In the event of a tennination of this Agreement and in addition to any and all other remedies
available to the COUNTY (whether under this Agreement, or at law, or in equity), the
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
termination (or expiration) and any accounts receivable attributable to the use ofCDBG funds, per
24 CFR 570.503(6 )(7).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the
funds or property, as the COUNTY may deem necessary. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b )(7).
3.10 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all required insurance, as outlined in Exhibit A and 2 CFR 200.3 IO, has been obtained, Said
insurance shall be carried, at all times, during SUBRECIPIENT's performance under the
Agreement.
3.11 ADMINISTRATIVE REQUIREMENTS
The SUB RECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget
and the Scope of Work (Pai't I), the Uniform Administrative Requirements, Cost Principles and
IMMOKALEE FIRE CONTROL DISTRICT
CD20-05
hnmokalee Fire Station Constmction Page 16
16.D.13.b
Packet Pg. 2537 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the
Community Development Block Grant (24 CFR 570 et seq.).
3.12 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.3 I 8 through
.326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing
thresholds are:
Range: Competition Required
$0 -$3,000 Single Ouote with documentation
$3,001 -$50,000 3 Written Quotes
$50,001+ Formal Solicitation (1TB, RFP, etc.)
All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding, under a procedure acceptable to the
COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for
improvements with the lowest, responsible, and qualified bidder. In accordance with 2 CFR
200.322, SUBRECIPIENT shall procure items that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of completion. Contract
administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have
access to all records and documents related to the project.
3.13 PROGRAM GENERATED INCOME
No Program Income is anticipated. In the event Program Income is derived from the use of CDBG
funds disbursed under this Agreement, such Program Income shall be utilized by the
SUBRECIPIENT for CDBG-eligible activities, approved by COUNTY. Any "Program Income"
(as such term is defined under applicable Federal regulations) gained from any activity of the
SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual
program income re-use plan, utilized by the SUBRECIPIENT accordingly, and shall be in
compliance with 2 CFR 200,307 and 24 CFR 570.503(c) in the operation of the Program. When
program income is generated by an activity that is only partially assisted with CDBG funds,
the income shall be prorated to reflect the percentage of CDBG funds used. In the event there
is a program income balance at the end of the Program Year, such balance shall revert to the
COUNTY's Community Block Grant Program, for further reallocation.
Public Facilities and Improvements: Public facilities that are acquired, constructed, rehabilitated,
or otherwise improved with CDBG funds are subject to this requirement. This includes parks,
libraries, community centers, and any other facility whose primary purpose is a public one. For
these facilities, program income is the income generated by the use of the facility, less the operating
costs associated with generating the income. The COUNTY considers utilities, property insurance,
and facility maintenance to be operating costs that should be subtracted from revenue to determine
net program income. For each funded project, the SUBRECIPIENT must submit a list of proposed
costs incidental to the generation of the program income for the COUNTY's approval.
IMMOKALEE FIRE CONTROL DISTRICT
CD20-05
Immokalee Fire Station Construction Page 17
16.D.13.b
Packet Pg. 2538 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
3.14
3.15
Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved,
in wliole 01· in part, with CDBG funds shall be used to meet one of the CDBG National Objectives
pursJ,ant to 24 CFR 570.208, during the continued use period, as referenced in section 3 .14 (Grant
Close'put Procedures) of this Agreement. If the SUBRECIPIENT sells, transfers, disposes of, or
otherwise fails to continue to use the CDBG-assisted real prope1ty in a manner that meets a CDBG
National Objective, the SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage
of the current fair market value of the prope1ty, after subtracting disposal costs. Such percentage
shall have as its basis, the percentage of the appraised value attributable to CDBG and non-CDBG
funds expended for the original acquisition of, or improvement to, the property under the terms of
this Agreement. Such payment shall constitute program income to the COUNTY.
GRA/4T CLOSEOUT PROCEDURES
I
SUBli.ECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
comr!leted. The SUBRECIPIENT may close out the project with the COUNTY after the five (5)
year bontinued use period has been met. The continued use period shall commence with the later
of t~e SUBRECJPIENT meeting the National Objective or the recording of lien and/or deed
restriction documentation. Activities during this closeout period shall include, but ai'e not limited
to rn,hking final payments, disposing of program assets (including the return of all unused materials,
equi'pment, program income balances, and receivable accounts to the COUNTY), and determining
the /custodianship of records. In addition to the records retention outlined in Pali 2.2, the
SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records
maintenance, preservation, and retention. A conflict between state and federal law records retention
reqpirements will result in the more stringent law being applied, such that the record must be held
for ,the longer duration. Any balance of unobligated funds that have been advanced or paid must be
reti1rned to the COUNTY. Any funds paid exceeding the amount SUBRECIPIENT is entitled to
uncler the terms and conditions of this Agreement must be refunded to the COUNTY.
' SUBRECJPIENT shall also produce records and information complying with Section 215.97,
Fld,rida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343.
O~PORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
!
Thd SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected
to, c\iscrimination under any activity carried out by the performance of this Agreement on the basis
of r~ce, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of
I
evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement.
I
I ,
To ipe greatest extent feasible, lower-income residents of the project areas shall be given
oppo\tunities 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
award,ed contracts in connection,with the project. The SUBRECIPIENT shall comply with Section
3 oftlje Housing and Community Development Act of 1968.
I
'
IMMOKALEE FIRE', CONTROL DISTRICT
CD20-05
Immoka!ee Fire Station Construction
I
Page 18
16.D.13.b
Packet Pg. 2539 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
3.16 OPPORTUNITTIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses, minority business
enterprises, and women's business enterprises the maximum practicable opportunity to pat1icipate
in the performance of this Agreement. As used in this Agreement, the term "small business" means
a business that meets the criteria set fotih in section 3(a) of the Small Business Act, as amended
(15 U.S.C. 632), and "minority and women's business enterprise" means a business at least 51
percent owned and controlled by minority group members or women. For the purpose of this
definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed
or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT
may rely on written representations by businesses regarding their status as minority and female
business enterprises in lieu of an independent investigation.
3.17 PROGRAM BENEFICIARIES
If the Agreement is meeting a national objective through an LMI strategy, at least 51 percent of the
beneficiaries of a project funded through this Agreement must be low-and moderate-income
persons or presumed to be low-to moderate-income persons based on applicable regulation.
Determination of income eligibility is based on the annual income of the family 01· household. This
Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual
income is defined under the Section 8 Housing Assistance Payments. Details for calculating the
Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD
Handbook 4350.3, Chapter 5.
If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries
countywide, more than 30 percent of the beneficiaries directly assisted under this Agreement must
reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban
County Qualification Program. The project shall assist beneficiaries as defined above for the time
period designated in Exhibit C of this Agreement.
3.18 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out, pursuant to the COUNTY's
specifications, an Affirmative Action Program, in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide
Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program.
The SUB RECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to
the award of funds. The Affirmative Action will need to be updated throughout the continued use
period and must be submitted to the COUNTY within 30 days of update/modification.
tMMOKALEE FtRE CONTROL DtSTR[CT
CD20--05
lmmokalee Fire Station Construction Page 19
16.D.13.b
Packet Pg. 2540 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
3.19 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ, who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner
or degree with the performance of this Agreement, and that no person having any conflict of interest
shall be employed by or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that
it will comply with all provisions of24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and
the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person, or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed, in writing, to CHS provided however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and pa1ticipation of low-and moderate-
income residents of the project target area.
3.20 RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on prope1ty owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200U). The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to persons on the
basis of religion.
B. It will not discriminate against any person applying for public services on the basis of
· religion and will not limit such services or give preference to persons on the basis of
religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided it does not use direct CDBG funds to support any inherently
religious activities, such as worship, religious instruction, or proselytizing.
D. The funds shall not be used for the acquisition, construction, or rehabilitation of structures
to the extent that those structures are used for inherently religious activities. Where a
JMMOKALEE FIRE CONTROL DISTRICT
CD20-05
lmmokalee Fire Station Construction Page 20
16.D.13.b
Packet Pg. 2541 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
structure is used forb~th eligible and inherently religious activities, CDBG funds may not
exceed the cost of those portions of the acquisition, constrnction, or rehabilitation that are
attributable to eligible activities in accordance with the cost accounting requirements
applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG
funded religious congregation uses as its principal place of worship, however, are ineligible
for CDBG funded improvements.
3.21 INCIDENT REPORTING
If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any
subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect,
or exploitation of a child, aged person, or disabled adult.
3.22 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
Remainder of Page Intentionally Left Blank
IMMOKALEE FIRE CONTROL DISTRICT
CD20--05
lmmokalee Fire Station Constmction Page 21
16.D.13.b
Packet Pg. 2542 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended-All the regulations regarding the CDBG program
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24cfr570 main 02.tpl
4.2 24 CFR 58 -The regulations prescribing the Environmental Review procedure,
https://www.ecfr.gov/cgi-bin/text-
idx?SID= l acdb92f3b05c3f285dd76c26d 14f54e&mc=true&node=pt24.1.5 8&rgn=d iv5
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of
197 4 as amended
https://www.hud.gov/program offices/comm planning/communitydevelopment/rulesandregs/law
s/sec5309
4.4 The Fair Housing Act (42 U.S,C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act. https://www.hud.gov/sites/documents/DOC 7771.PDF
https :/ /www. justice. gov/ crt/fair-housin g-act-1
Executive Order 11063 -Equal Oppotiunity in Housing https://www.archives.gov/federal-
register/codification/executive-order/1 l 063 .html
Executive Order 11259 -Leadership & Coordination of Fair Housing in Federal Programs
]illps://www. archives. gov /federal-register/ codification/ executive-order/1225 9 .html
24 CFR Patt 107 -Non-Discrimination and Equal Oppottunity in Housing under E.O.
https://www.law.cornell.edu/cfr/text/24/part-l 07
4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as
amended https://www.hud.gov/programdescription/title6
4.6 24 CFR 570.601 Subpatt K -The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
https://www. gpo. gov /fdsys/pkg/CFR-2 007-title24-vo l3/pdf/CFR-2007-title24-vo 13-sec5 70-
602. pdf
4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 -which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Depaitment of Labor regulations. EO 11246:
https ://www .do!. gov/ agencies/ ofccp/executive-order-11246/as-am ended
EO 11375 and 12086: see item #8 below
IMMOKALEE FIRE CONTROL DISTRICT
CD20--05
lmmokalee Fire Station Construction Page 22
16.D.13.b
Packet Pg. 2543 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972, 42 USC § 2000e, et. seq. The SUB RECIPIENT will, in all solicitations or adve1tisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Oppo1tunity or
Affirmative Action employer.
https:/ /www.hud.gov/program description/title6
4.9 24 CFR 135 -Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all
applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a
condition of the Federal financial assistance provided under this Agreement and binding upon the
COUNTY, the SUBRECIP!ENT and any of the SUBRECIPIENT's Subrecipients and
subcontractors. Failme to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include
the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program providing
direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires
that, to the greatest extent feasible, opp01tunities for training and employment be given to low-and
very low-income residents of the project area, and that contracts for work in connection with the
project be awarded to business concerns that provide economic oppo1tunities for low-and ve1y
low-income persons residing in the metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensme that oppottunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project are given to low-
and very low-income persons residing within the metropolitan area in which the CDBG-funded
project is located; where feasible, priority should be given to low-and very low-income persons
within the service area of the project or the neighborhood in which the project is located, and to
low-and very low-income patiicipants in other HUD programs; and award contracts for work
undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project to business
concerns that provide economic oppmiunities for low-and ve1y low-income persons residing
within the metropolitan area in which the CDBG-funded project is located; where feasible, priority
should be given to business concerns that provide economic oppmtunities to low-and very low-
income residents within the service area or the neighborhood in which the project is located, and to
low-and very low-income participants in other HUD programs.
https://www.hud.gov/sites/documents/DOC 12047.PDF
IMMOKALEE FIRE CONTROL DISTRICT
CD20-05
lmmoka!ee Fire Station Construction Page 23
16.D.13.b
Packet Pg. 2544 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
https://www.ecfr.gov/cgj-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfrl35 main 02.tpl
4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975
https ://www. law .corne 11.edu/uscode/text/ 4 2/chapter-7 6
11246: https://www.dol.gov/ofccp/regs/statutes/eol 1246.htm
11375: Amended by EO 11478
114 78: https://www.archives.gov/federal-register/codification/executive-order/114 7 8.html
12107: https://www.archives.gov/federal-register/codification/executive-order/12107 .html
120 86: https :/ /www.archives.gov/federal-register/codification/ executive-order/ 1208 6 .htm I
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
https:/ /www.dol.gov/whd/regs/statutes/safeO 1.pdf
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpa1tK.
Section 504: https://www.epa.gov/ocr
29 USC 776: https://law.onecle.com/uscode/29/776.html
24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap
4.14 Uniform Relocation Assistance and Real Prope1ty Acquisition Policies Act of 1970, as amended.
https://www.fhwa.dot.gov/real estate/uniform act/index.cfm
4.15 29 CFR Parts 3 and 5 -Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects. HUD Form 40 IO must be included in all
construction contracts funded by CDBG.
Davis-Bacon Act: 42 USC 276a to 40 USC 276a:
h ttps :/ /uscode.house. gov /view.xhtml?reg=granuleid: U SC-1999-ti tle40-section2 7 6a-
7&num=0&edition= 1999
'
29' CFR Part 3 -Contractors and Subcontractors on public building or Public Work Financed, in
who,le or in part, by Loans or Grants from the United States
httR's ://www. law ,cornell. edu/cfr/text/29/part-3
!
29 iCFR Pait 5 -Labor Standards Provisions Applicable to Contracts Covering Federally Financed
anµ Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract
W:ork Hours and Safety Standards Act)
hrlps://www.law.cornell.edu/cfr/text/29/part-5
' I
IMMOKALEE FIRE CONTROL DISTRICT
CD20-05 j
lmmokalee Fte Station Construction Page 24
I
16.D.13.b
Packet Pg. 2545 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
Executive Order 11914 -Prohibits discrimination with respect to the handicapped, in federally
assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.16 As a supplement to the Davis-Bacon Act requirements, the SUB RECIPIENT agrees to comply with
the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or
subcontractors from inducing an employee to relinquish any part of his/her compensation, under
the federally-funded contract.
18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2010-titlel 8/pdf/USCODE-2010-
titlel 8.pdf
40 U .S.C. 276c https://uscode.house,gov/view.xhtml?req=granuleid: USC-l 999-title40-
section276c&num=0&edition= 1999
4.17 Executive Order 11625 and U.S. Depatiment of Housing and Urban Development Circular Letter
79-45 -which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https :/ /www. archives. gov /federal-register/codification/ executive-order/ 11625. html
4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as
revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109
of the HCDA are still applicable.
24 CFR 570.607:
https://www.ecfr.gov/cgi-bin/text-
idx?SID=9eae3f8eaa99 lf0411f383b7 4003bcb 1 &mc=trne&node=pt24.3 .570&rgn=div5#se24.3. 5
70 1607
E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm
4.19 Public Law 100-430-the Fair Housing Amendments Act of 1988.
https://www.ncbi.nlm.nih.gov/pubmed/12289709
4.20 2 CFR 200 et seq -Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Tit1e02/2cfr200 main 02.tpl
4.21 Immigration Reform and Control Act of 1986
https://www.eeoc.gov/eeoc/histo1y/35th/thelaw/irca.html
4.22 Prohibition of Gifts to COUNTY Employees -No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any
COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311.
Florida Statutes-
IMMOKALEE FIRE CONTROL DISTRICT
CD20-05
lmmoknlee Fire Station Construction Page 25
16.D.13.b
Packet Pg. 2546 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii
Collier County-
http :/ /www .co 11 iergov .net/home/ showdoc um ent?id=3 513 7
4.23 Order of Precedence -In the event ofany conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.24 Venue-Any suit of action brought by either party to this Agreement against the other patty, relating
to or arising out of this Agreement, must be brought in the appropriate federal or state comis, in
Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.25 Dispute Resolution -Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the patties, the patiies shall make a good faith effoti to resolve any
such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the pa1iies arising out of this Agreement, the patiies shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
cetiified by the State of Florida. Should either patiy fail to submit to mediation as required
hereunder, the other patty may obtain a court order requiring mediation under § 44.102, Florida
Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida,
if in state court and the US District Cami, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.26 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE-
201 0-title42/html/USCODE-20 l 0-title42-chap85 .htm
https://www.law.cornell.edu/uscode/text/42/chapter-85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.govinfo.gov/content/pkg/USCODE-20 l l-title33/pdf/USCODE-20 l l-title33-
chap26.pdf
https :/ /www. law. come! I. edu/uscode/text/3 3/ chapter-26
!MMOKALEE FIRE CONTROL DISTRICT
CD20-05
Immokalee Fire Station Construction Page 26
16.D.13.b
Packet Pg. 2547 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
4.27 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K), the SUB RECIPIENT shall assure that for activities located in an
area identified by FEMA as having special flood hazards, flood insurance under the National Flood
Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA)
may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said
flood insurance.
' https://www.law.corne11.edu/cfr/text/24/5 7 0. 60 5
4.28 The SUB RECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdsys/granule/CFR-
2000-title24-vo 13/CFR-2000-title24-vo 13-sec5 70-608-id 163
4.29 The SUB RECIPIENT agrees to comply with the Historic Preservation requirements set fo1th in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this Agreement.
https://www.nps.gov/history/local-1aw/nhpal966.htm
https://www.achp.gov/sites/default/files/regu]ations/20 l 7-02/regs-rev04. pdfln general, this
requires concurrence from the State Historic Preservation Officer for all rehabilitation and
demolition of historic prope1ties that are fifty years old or older or that are included on a Federal,
State or Local historic property list.
https :/ /www.nps.gov/histo1y/local-la w /nhpa 1966 .htm
4.30 The SUBRECIPIENT must ce1tify that it will provide drug-free workplaces, in accordance with
the Drug-Free Workplace Act of 1988 (41 USC 701).
https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title4 l-chap 1 O-
sec70 l
4.31 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from pa1ticipating in this covered transaction as outlined in 24
CFR 570.609, Subpatt K.
https://www.archives.gov/federal-register/codification/executive-order/ 12549 .html
4.32 The SUB RECIPIENT agrees to comply with the following 0MB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200, et seq.
4.33 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The
!MMOKALEE FIRE CONTROL DISTRICT
CD20--05
lmmokalee Fire Station Construction Page 27
16.D.13.b
Packet Pg. 2548 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
SUBRECIPIENT shall cotnply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S
fiscal year. Per 2 CFR 200.344, if this Agreement is closed out prior to the receipt of an audit
report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after
such closeout.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8
4.34 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject
to the provisions of CDBG including, but not limited to, the provisions on use and disposition of
propetty. Any real prope1ty within SUBRECIPIENT control, which is acquired or improved, in
whole or part, withCDBG funds in excess of $25,000, must adhere to the CDBG Regulations at
24 CFR 570.505.
https://www.gpo.gov/fdsys/granule/CFR-1999-title49-vol 1/CFR-1999-title49-vol 1-sec24-101
https://www. govinfo. gov/ app/ details/CFR-20 12-title24-vo13/CFR-2012-title24-vol3-sec5 7 0-5 0 5
4.35 As provided in§ 287 .133, Florida Statutes, by entering into this Agreement or performing any work
in fmtherance hereof, the SUBRECIPIENT ce1tifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by§ 287.133 (3) (a), Flprida Statutes.
http://www. leg.state.fl. us/Statutes/index.cfm 7 App m ode=Disp lay Statute&Search String=& UR
L=0200-0299/0287 /Sections/0287 .133 .html
4.36 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. 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 Fonn-LLL, "Disclosure Form to Repott
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall cettify and disclose accordingly.
IMMOKALEE FIRE CONTROL DISTRICT
CD20-05
lmmoka!ee Fire Station Construction Page 28
16.D.13.b
Packet Pg. 2549 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
4.37 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel.
https :I lwww.gsa.gov/portal/content/ 1 04 87 7
4.38 Equal access in accordance with the individual's gender identity in community planning and
development programs, per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/title24 part5 subpartA section5. l 06
4.39 Housing Counseling, including homeownership counseling or rental housing counseling, as defined
in §5.100, required under or provided in connection with any program administered by HUD shall
be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling, consistent with 12 U.S.C. 1701 x, per 24 CFR 5.111.
https://www.ecfr:gov/cgi-bin/text-
idx7SID=e339ece9fdfd 14 79eab67e850c7cddd4&node=24:2. I. l .2. I 0.4&rgn=div6
https://www.law.cornell.edu/cfr/text/24/5. l l l
4.40 HUD Final Rule-Implementation of the Violence Against Women Reauthorization Act of2013
which applies for all victims of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex, gender identity, or sexual orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://www.federalregister.gov/documents/2016/11/16/2016-258 88/violence-against-women-
reauthorization-act-of-2013-im p lementation-in-h ud-housing-programs
4.41 Any rule or regulation determined to be applicable by HUD.
4.42 Florida Statutes 713.20, Part 1, Construction Liens
https://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700-
0799/0713/0713 .html
4.43 Florida Statutes 119.021 Records Retention
http://www.leg.state.fl.us/Statutes/index.cfm 7 App mode=Display Statute&URL=O 100-
0199/0119/Sections/O l l 9 .021.htm I
4.44 Florida Statutes, 119 .071, Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm 7 App mode=Display Statute&URL=O 100-
0199/0119/Sections/O 119.071.html
4.45 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide
meaningful access to the program/project and activities funded under this Agreement for persons
with limited English proficiency pursuant to information located at http://www.lep.gov.
4.46 Equal Treatment of Faith-Based Organizations: By regulation, DOJ/BJA prohibits all recipient
organizations from using financial assistance from DOJ/BJA to fund explicitly religious activities.
The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see
https://ojp.gov/about/ocr/partnerships.htm. Discrimination on the basis ofreligion in employment
IMMOKALEE FIRE CONTROL DISTRICT
CD20-05
lmmoka!ee Fire Station Construction Page 29
16.D.13.b
Packet Pg. 2550 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on
a case-by-case basis to allow some faith-based organizations to receive DOJ/BJA funds while
taking into account religion when hiring staff. Questions in this regard should be directed to the
Office for Civil Rights.
4.47 Arrest and Conviction Records: Federal and state laws restrict use of a!'l'est and conviction records
in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to
avoid the misuse of arrest or conviction records to screen applicants for employment or employees
for retention or promotion that may have a disparate impact based on race or national origin,
resulting in unlawful employment discrimination unless use is otherwise specifically authorized by
law. See https://ojp.gov/about!ocr/pdfs/UseofConviction Advisory.pdf for more details.
4.48 Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has
not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or
organization 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 obtaining any federal contract, grant, or any other award or subaward covered
by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes
place in connection with obtaining any federal award or subaward. Such disclosures are forwarded
from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying
restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its
officers, employees and its subcontractors hereunder comply with all applicable local, state, and
federal laws and regulations governing advocacy of and appearances before any legislative
body. None of the funds provided under this Agreement shall be used for publicity or propaganda
purposes designed to support or defeat any legislation pending before local, state, or federal
legislatures.
4.49 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any
credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other
person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity, or similar misconduct involving subaward agreement funds
4.50 Political Activities Prohibited: None of the funds provided directly or indirectly under this
Agreement shall be used for any political activities or to fmther the election or defeat of any
candidates for public office, Neither this Agreement nor any funds provided hereunder shall be
utilized in supp01t of any pattisan political activities or activities for or against the election of a
candidate for an elected office.
4.51 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), DOJ/BJA encourages
recipients and subrecipients to adopt and enforce policies banning employees from text messaging
while driving any vehicle during the course of performing work funded by DOJ/BJA and to
establish workplace safety policies and conduct education, awareness, and other outreach to
decrease crashes caused by distracted drivers.
4.52 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable
requirements (including requirements to report allegations) pertaining to prohibited conduct related
to the trafficking ofpersons;whether on the part of the SUBRECIPIENT and any employees of the
SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct
IMMOKALEE FIRE CONTROL DISTRICT
CD20-05
Immokalee Fire Station Construction Page 30
i
16.D.13.b
Packet Pg. 2551 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
related to the trafficking of persons are posted at
https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm.
4.53 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT
understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in
support of any contract or subaward to either ACORN or its subsidiaries, without the express prior
written approval ofOJP.
4,54 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment, or performance of experimental,
developmental, or research work under this funding agreement, the SUBRECIPIENT must comply
with the requirements of 37 CFR Part 401, "Rights ot Inventions Made by Nonprofit Organizations
and Small Busines Firms Under Government Grants, Contracts, and Cooperative Agreements," and
any implementing regulations issued by HUD.
https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&SlD=a004b6bf20934ace7 a717de76 I dc64c0&mc=true&n=pt3 7. I .40 I &r
=PART&ty=HTML
IMMOKALEE FIRE CONTROL DISTRICT
CD20-05
Immokalee Fire Station Construction
(Signature Page to Follow)
Page 31
16.D.13.b
Packet Pg. 2552 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
IN° WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an
authorized pe1·son or agent, hereunder set their hands and seals on the date first written above.
ATTEST:. .
CRYST~ K.e!.i.l El-,, CLERK
Dated:.
Approved as to form and legality:
' ~
Jenni
Assistant County Attorney
lMMOKALUE PIRE CONTROL DISTRICT
CD20--0S
lnunoktth:c Fire Slntlon Constmction
IMMOKALEE FIRE CONTROL DISTRICT
By:p!~'j,~~&gkti:;T, CHAIRMAN
Date:. __ _;L::oo~\~\'-S--'-\ _'l_-.t_> __ _
Pngc 32
16.D.13.b
Packet Pg. 2553 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
PARTY
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
l. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement, in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in l -3 above, a Certificate of Insurance must be provided as follows:
4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this Agreement. This insurance shall be maintained for a period of two (2) years
after the certificate of Occupancy is issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in I -4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any constrnction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one
hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under
IMMOKALEE FIRE CONTROL DISTRICT
CD20-05
Immokalee Fire Station Constrnction Page 33
16.D.13.b
Packet Pg. 2554 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
the National Flood Insurance Program is obtained and maintained, as a condition of financial
assistance for acquisition 01· construction purposes (including rehabilitation),
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be kept in
force throughout the duration of the loan and/or Agreement:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
l 0. Property Insurance coverage on an "All Risk" basis, in an amount not less than one hundred (100%)
of the replacement cost of the prope1ty. Collier County must be shown as a Loss payee, with respect
to this coverage A, T.I.M,A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee
A.T.l.M.A.
IMMOKALEE FIRE CONTROL DISTRICT
CD20--05
Immokalee Fire Station Construction Page 34
16.D.13.b
Packet Pg. 2555 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
EXHIBITB
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUB RECIPIENT Name: Immokalee Fire Control District
SUBRECIP]ENT Address: 502 New Market Road East, Immokalee, FL
Project Name: Immokalee Fire Station Construction
Project No: CD-05 Payment Request#
Total Payment Minus Retainage
Period of Availability: I 0/01/2020 through _12/31/2 I
Period for which the Agency has. incurred the indebtedness _____ through
SECTION II: STATUS OF FUNDS
Subrecipient CHS Approved
I. Grant Amount Awarded $ $
2. Total Amount of Previous Requests $ $
3. Amount of Today's Request (Net ofRetainage, if $ $
applicable)
4. Current Grant Balance (Initial Grant Amount Award $ $
request) (includes Retainage)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY ai1d us as the SUBRECIPIENT. To the best ofmy knowledge and belief,
all grant requirements have been followed.
Signature
Title
Authorizing Grant Coordinator
Supervisor (Approval required $15,000 and above)
IMMOKALEE FIRE CONTROL DISTRICT
CD20--05
lmmokalee Fire Station Constmction
Date
Authorizing Grant Accountant
Division Director (Approval Required $15,000
and above)
Page 35
16.D.13.b
Packet Pg. 2556 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
EXHIBITC
QUARTERLY PERFORMANCE REPORT DATA
GENERAL-COUNTY is required to submit to HUD, through the Integrated Disbursement and Information
System (!DIS) Performance Repo1ts. The COUNTY reports information on a quarterly basis. To facilitate
in the preparation of such repo1ts, SUBRECIPIENT shall submit the information contained herein within
ten (10) days of the end of each calendar qumter. At COUNTY's discretion, SUBRECIPIENT may be
required to enter the information collected on this exhibit into an online grant management system.
Agency Name: Immokalee Fire Control District Date:
Proiect Title: Immokalee Fire Station Construction !DIS#:
Program Contact: Rita Greenberg Telephone Number:
Activity Reporting Period Repmt Due Date
October 1st -December 31st January 10 th
January 1st -March 31st April 10th
Aoril 1st -June 30 th July I O'h
July 1st -September 30 th October I 0th
REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period):
12/31/20 3/31/21 6/30/21 9/30/21
Please note: The CDBG/HOME/ESG Program year begins October 1, 2020 -September 30, 2021. Each quarterly report
must include cumulative data beginning from the start of the program year October I, 2020.
1. Please list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement and indicate your
progress in meeting those goals since October 1, 2020.
a. Outcome Goals: list the outcome goal(s) from vour annroved annlication and SUBRECIPIENT Agreement
Outcome 1: Construction of the Immokalee Fire Station
Outcome 2: Meeting the National Obiective
Outcome 3:
b. Goal Progress: Indicate the progress to date in meeting each outcome goal.
Outcome 1:
Outcome 2:
Outcome 3:
2. Is this oroiect still in comPliance with the orieinal oroiect schedule: Yes No
If No, Explain:
3. Since October l, 2020; of the persons assisted, how many ...
Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes
a. ... now have new access (continuing\ to this service or benefit?
b. . .. now have imProved access to this service or benefit?
c. . .. now receive a service or benefit that is no longer substandard?
Total
I 4. What funding sources did the SUBRECIPIENT annly for this eriod?
Section I 08 Loan Guarantee $ CDBG $
Other Consolidated Plan Funds $ HOME $
Other Federal Funds $ ESG $
$ HOPWA $
$ Total Entitlement $
Funds
IMMOKALEE FIRE CONTROL DISTRICT
CD20--05
Immokalee Fire Station Construction Page 36
0
0
0
0
16.D.13.b
Packet Pg. 2557 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
5. What is the total number ofUNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if
applicable? Answer question 5a or 5b; NOT both
For LMC activities: people, race/ethnicity, and income data are reported by persons.
For LMH activities: households, race/ethnicity, and income level are reported by households, regardless
the number of persons in the household.
a. Total No. Persons/Adults served (LMC) 0 Total No. persons served under 18 0
(LMC)
Ouarter Total No. of Persons 0 Oumter Total No. of Persons 0
b. Total No. of Households served 0 Total No. of female head of household 0
(LMH)
6. What is the total number ofUNDUPLICATED clients served since October, if applicable?
Answer question 6a or 6b, NOT both
For LMC activities: race/ethnicitv and income data are reported bv oersons.
a. Total No. Persons/Adults served (LMC) 0 Total No Persons served under 18 0
(LMC)
YTD Total: 0 YTD Total 0
b. Total No. Households served (LMH) 0 Total No. female head of household (LMH) 0
YTD Total 0 YTD Total 0
Complete EITHER question 7 or 8, NOT both
Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories.
17. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY
(LMC) Ouarter (LMC)YTD
Indicate the total number of UN DUPLICATED persons Indicate the total number of UNDUPLICATED
served this guarter who fall into each presumed benefit persons served since October I who fall into each
category (the total should equal the total in question #6a presumed benefit category (the total should equal the
or 6b): total in question #6a or 6b):
a Presumed Benefit Activities On] (LMC)OTR b Presumed Benefit Activities Onlv (LMC) YTD
0 Abused Children ELI 0 Abused Children ELI
0 Homeless ELI 0 Homeless Person ELI
Person
0 Migrant Farm LI 0 Migrant Farm Workers LI
Workers
0 Battered LI 0 Battered Spouses LI
Spouses
0 Persons LI 0 Persons w/HIV / AIDS LI
w/HJV/AJDS
0 Elderly Persons LI or MOD 0 Elderly Persons LI or
MOD
0 Illiterate Adults LI 0 Illiterate Adults LI
0 Severely LI 0 Severely Disabled Adults LI
Disabled Adults
0 Quarter Total 0 YTD Total
I 8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit cateeoty.
Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range
Indicate the total number ofUNDUPLICATED persons Indicate the total number ofUNDUPLICATED
served this Quarter who fall into each income category persons served since October I (YTD) who fall into
(the total should equal the total i,1 question #6): each income catego1y (the total should equal the total
in auestion #6):
IMMOKALEE FIRE CONTROL DISTRICT
CD20-0S
lmmokalee Fire Station Construction Page 37
16.D.13.b
Packet Pg. 2558 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
la ELI Extremely Low Income (0-30%) 0 b ELI Extremely Low 0
Income !0-30%)
LI Low Income (31-50%) 0 LI Low Income 0
MOD Moderate Income (51-80%) 0 MOD Moderate Income 0
(51-80%)
NON-LIM Above Moderate Income (>80%) 0 NON-LIM Above Moderate 0
Income !>80%)
Quarter Total 0 YTD Total 0
r 9. Is this project in a Low/Mod Area (LMA)7 YES I lNo I
Was project completed this quarter? YES I I NO I If yes, complete all of this section 9.
Date project completed
Block Group Census Tract Total Beneficiaries Low/Mod Low/Mod Percentage Beneficiaries
0 0 0 0 0
Date LMA Narrative approved by CHS?
What documentation supports project completion? (i.e.,
Certificate of Completion or Certificate of Occupancy,
etc.)
10. Racial & Ethnic Data /if annlicable)
Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICA TED clients
clients served this Quarter fall into each race served since October (YTD) fall into each race category. In
category. In addition to each race_ category, please addition to each race category please indicate how many
indicate how many persons in each race category persons in each race catego1y consider themselves
consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in
should eaua/ the total in auestion 6.) question 6.)
a. RACE ETHNICITY b. RACE ETHNICITY
/HISPANIC /HISPANIC
White 0 0 White 0 0
Black/African American 0 0 Black/African American 0 0
Asian 0 0 Asian 0 0
American Indian/ Alaska Native 0 0 American Indian/Alaska 0 0
Native
Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific 0 0
Islander
Black/African American & White 0 0 Black/African American & 0 0
White
American Indian/Alaska Native & 0 0 American Indian/ Alaska 0 0
Black/African American Native & Black/African
American
Other Multi-racial 0 0 Other Multi-racial 0 0
0 0 0 0
Name: ----------------'-----
Signature: _______________ _
Title: ---------------~
Your typed name here represents your electronic signature
IMMOKALEE FIRE CONTROL DISTRICT
CD20-05
Immokalee Fire Station Construction Page 38
16.D.13.b
Packet Pg. 2559 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
EXHIBITD
· INCOME CERTIFICATION
INSTRUCTIONS
Complete form, and retain appropriate supporting documentation, to document providing CDBG
assistance to an eligible beneficiaiy. Please file in your organization's records and have on hand
for future monitoring visits.
Effective Date: ________ _
A. Household Information
Member Names -All Household Members Relationship
I
2
3
4
5
6
7
8
B. Assets: All Household Members, Including Minors
Member Asset Description Cash Value
I
2
3
4
5
6
7
8 0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets B(b)
If line B(a) is greater than $5,000, multiply that amount by the rate specified
by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave
blank.
IMMOKALEE FIRE CONTROL DISTRICT
CD20--05
lmmoka!ee Fire Station Construction
B(c)
Age
Income
from Assets
0.00
Page 39
16.D.13.b
Packet Pg. 2560 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of
Minors
Member Wages I Benefits/ Public Other
Salaries Pensions Assistance Income
(include tips, Asset
commissions, Income
bonuses, and
overtime) (Enter the
1 greater of
2 box B(b) or
3 box B(c),
4 above, in
box C(e) 5 below)
6
7 .
8
Totals (a) (b) (c) (d) (e)
0.00 0.00 0.00 0.00
Enter total of items C(a) through C(e). 0.00
This amount is the Annual Anticinated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. I/we have provided, for each person set f011h in Item A, acceptable
verification of current and anticipated annual income. Vwe certify that the statements are true
and complete to the best of my/om knowledge and belief and are given under penalty of pe1jmy.
WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations
concerning income and assets or liabilities relating to financial condition is a misdemeanor of the
first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083,
Signature of Head of Household
Signature of Spouse or Co-Head of Household
Adult Household Member (if applicable)
Adult Household Member (if applicable)
IMMOKALEE FIRE CONTROL DISTRICT
CD20-05
hnmokalee Fire Station Construclion
Date
Date
Date
Date
Page 40
16.D.13.b
Packet Pg. 2561 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s)
named in Item A of this Income Certification is/are eligible under the provisions of the
CDBG Program. The family or individual(s) constitute(s) a:
0 Extremely Low Income (ELI) Household means and individual or family whose annual income
does not exceed 30/S0th of the Very Low Income (60 percent ofVLI) percent of the area median
income as determined by the U.S. Department of Housing and Urban Development with
adjustments for household size. (Maximum Income Limit$ ____ ~
0 Very Low Income (VLI) Household means and individual or family whose annual income does
not exceed 50 percent of the area median income as determined by the U.S. Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$. ______ ).
0 Low Income (LI) Household means. and individual or family whose annual income does not
exceed 80 percent of the area median income as determined by the U.S. Depatiment of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$ _____ __,
Based upon the. ______ ~(year) income limits for the Naples-Marco Island Metropolitan
Statistical Area (MSA) of Collier County, Florida.
Signature of the CDBG Administrator or His/Her Designated Representative:
Signature Date
Printed Name Title
F. Household Data
Numbet· of Persons
Bv Race/ Ethnicity B Aire
Native
American Hawaiian or 0-25 26-40 41 -61
Indian Asian Black Other Pac. White Other
Islander
Hispanic
Non-
Hispanic
NOTE: biformation concerning the rate or ethnicity of the occupants is being gathered for statistical
use only. No beneficimJ' is required to give such information he or she desires lo do so, and reji1sa/
tp give such hifonnation will not affect any right he or she has to the CDBG program.
IMMOKALEE FIRE CONTROL DISTRICT
CD20-0S
62+
lmmokalee Fire Station Constrnction Page 41
16.D.13.b
Packet Pg. 2562 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)
EXHIBITE
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires
that all appropriate documentation is provided regarding your organization's compliance. In determining Federal
awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the
activity related to the Federal award occurs, including any Federal award provided by Collier County. The
determination of amounts of Federal awards expended shall be in accordance with the guidelines established by
established by 2 CFR Part 200, Subpart F -Audit Requirements. This form may be used to monitor Florida Single
Audit Act (Statute 215.97\ reauirements.
Subrecipient I lmmokalee Fire Control District Name
First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY)
10/01/2020 09/30/2021
Total Federal Financial Assistance Expended Total State Financial Assistance Expended during
durin'1 most recently completed Fiscal Year most recently completed Fiscal Year
$ $
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as Indicated above has
□ been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed
or will be completed by . Copies of the audit report and management letter
are attached or will be provided within 30 days of completion.
B. We are not subject to the requirements of 0MB 2 CFR Part 200, Subpart F because we:
□ Did not exceed the expenditure threshold for the fiscal year indicated above
□ □ Are a for-profit organization
□ Are exempt for other reasons -explain
An audited financial statement is attached and if applicable, the independent auditor's
manaQement letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
Included separate from the written response provided within the audit report. While we
□ understand that the audit report contains a written response to the finding(s), we are
requesting an updated status of the corrective action(s) being taken. Please do not provide
just a copy of the written response from your audit report, unless it includes details of the
actions, procedures, policies, etc. imolemented and when it was or will be imolemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature
Print Name and Title
IMMOKALEE FIRE CONTROL DISTRICT
CD20-05
lmmokalee Fire Station Construction
I Date
I
06/18
Page 42
16.D.13.b
Packet Pg. 2563 Attachment: EXECUTED - IFCD CD20-05 (17700 : Immokalee Fire Control District CDBG First Amendment)