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Agenda 01/25/2022 Item #16D4 (Amendment No. 1 to Street Lighting Agreement w/City of Naples)01/25/2022 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairperson to sign the First Amendment to the Street Lighting Agreement between Collier County and the City of Naples allocating an additional $500,000. (Housing Grant Fund 705) OBJECTIVE: To provide public safety improvements to benefit the residents of the City of Naples. 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. Each year, the County completes an annual Action Plan that is meant to further the Five-Year Consolidated Plan’s goals and objectives. Each Action Plan identifies a list of community-based projects that are acquired through an application submittal process. Among other criteria, during the review process, grant applications are evaluated specifically against the goals and objectives of the Consolidated Plan and the Annual Action Plan. The County’s process for project selection begins with both group and individual pre-application technical assistance meetings, then application submission, followed by proposal presentations to the Review and Ranking Committee ultimately providing grant award recommendations On June 22, 2021, the Board of County Commissioners (Board) approved the County’s One Year Action Plan and the CDBG Sub recipient Agreement with the City of Naples, (Agenda Item #16D7). The agreement established funding for the purchase and installation of replacement street lights in River Pa rk within the City of Naples, Florida. This project is an eligible and allowable use of HUD funds because it is located in Census Tract 7, which is a low and moderate income area. Completion of this project will meet a National Objective, a HUD requirement. This is a public infrastructure project not specifically associated with any particular address/property. The additional funds have been reallocated from the HUD PY21 appropriation. The substantial amendment was approved by the Board on December 14, 2021, Agenda Item #16D8. The proposed First Amendment includes the following actions: 1. Revises the project location from Riverside to River Park. 2. Updates the Collier County Community and Human Services (CHS) contact information. 3. Add $500,000 to the agreement to allow for additional street lights to be replaced. The additional $500,000 makes the new total amount for the City of Naples Street Lighting Project $683,676. FISCAL IMPACT: This action has no new Fiscal impact. The funding source for the awards is the CDBG grant and is budgeted in Housing Grant Fund (705) CDBG Project 33763. 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 to the Street Lighting Agreement between Collier County and the City of Naples allocating an additional $500,000. 16.D.4 Packet Pg. 1418 01/25/2022 Prepared By: Judith Sizensky, Grants Coordinator; Community and Human Services Division ATTACHMENT(S) 1. CON Street Light Agreement-Fully Executed (PDF) 2. Amendment #1-Final (PDF) 16.D.4 Packet Pg. 1419 01/25/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.4 Doc ID: 20869 Item Summary: Recommendation to approve and authorize the Chairperson to sign the First Amendment to the Street Lighting Agreement between Collier County and the City of Naples allocating an additional $500,000. (Housing Grant Fund 705) Meeting Date: 01/25/2022 Prepared by: Title: – Public Transit & Neighborhood Enhancement Name: Judy Sizensky 12/17/2021 7:45 AM Submitted by: Title: Manager - Federal/State Grants Operation – Community & Human Services Name: Kristi Sonntag 12/17/2021 7:45 AM Approved By: Review: Community & Human Services Blanca Aquino Luque Additional Reviewer Completed 12/21/2021 11:58 AM Community & Human Services Todd Henry Additional Reviewer Skipped 12/22/2021 10:51 AM Community & Human Services Kristi Sonntag CHS Review Completed 12/23/2021 9:53 AM Operations & Veteran Services Kimberley Grant Additional Reviewer Completed 12/28/2021 3:26 PM Public Services Department Todd Henry Public Services Department Completed 12/28/2021 3:42 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 12/29/2021 10:51 AM Public Services Department Dan Rodriguez PSD Department Head Completed 01/06/2022 2:27 PM Grants Erica Robinson Level 2 Grants Review Completed 01/10/2022 9:33 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/10/2022 9:39 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/12/2022 9:16 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 01/13/2022 10:24 AM Grants Therese Stanley Additional Reviewer Completed 01/18/2022 8:16 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 01/19/2022 4:23 PM Board of County Commissioners Geoffrey Willig Meeting Pending 01/25/2022 9:00 AM 16.D.4 Packet Pg. 1420 FAIN# B-21-UC-12-0016 Federal Award Date EST. 10/2021 Federal Award Agency HUD CFDAName Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal $183,676 Funds Awarded Subrecipient Name Citv of Naples DUNS# 084130293 FEIN 59-6000382 R&D NA Indirect Cost Rate NA Pel'iod of Performance 10/1/2021 -04/30/2023 Fiscal Year End 09/30 Monitor End: 04/30/2028 AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF NAPLES CDBG Grant Program -Construction r, TIDS AGREEMENT is made and ente1·ed into this,-22,;.Pday of (~-LUl.l 20,A by and between Collier County, a political subdivision of the State of Florida, (COUNTY) llaving its principal address at 3339 E Tamiami Trail, Naples FL 34112, and City of Naples (SUBRECIPIENT), a governmental organization having its principal office at 735 8th Street South Naples, FL 34102-1401. WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the Board of County Commissioners of Collie1· County (Board) approved the Collier County Consolidated Plan -One-yeat· Action Plan for Federal Fiscal Year 2021-2022 for the CDBG Program with Resolution 2021-on June 22, 2021-Agenda Item l{r,i'D · r-1 ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY adve1tised the 2021-2022 Annual Action Plan, on May 1, 2021, with a 30-day Citizen Comment period from May 1, 2021 to June 1, 2021; and · WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and CITY OF NAPLES CD2.1-02. Street Lighting 16.D.4.a Packet Pg. 1421 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in undertaking the CDBG project-(CD21 ~02) City of Naples . NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PARTI 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: City of Naples Street Lighting Description of project and outcome: To provide safe and secure lighting for it's residents, the City of Naples is updating it's street lighting in the Riverside location. Project Component One: Purchase and install street lighting with updated wiring for increased safety along public sidewalks in Riverside The prope1ty 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: CllY OF NAPLES CD21-02 Street Lighting IZ) Affirmative Fair Housing Policy IZ) Affnmative Action/Equal Opportunity Policy /ZI Conflict of Interest Policy /ZI Procurement Policy !ZI Uniform Relocation Act Policy IZ) Sexual Harassment Policy 18] Section 3 Policy 18] Section 504/ADA Policy 18] Fraud, Waste, and Abuse Policy 2 16.D.4.a Packet Pg. 1422 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) 1.8] Language Assistance and Planning Policy (LAP) 1.8] Violence Against Women Act (VA WA) Policy 1.8) LGBTQ Policy C. Environmental Review Requirement (ERR) -No program costs can be incum:d until an environmental review of the prnposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of any reimbursement of funds under this Agreement. D. Annual Subrecipient Training- SUBRECIPIENTS with Open Agreement(s} with COUNTY: All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS-sponsored Annual SUBRECIPIENT Fait' Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CHS-offered SUBRECIPIENT training, relevant to the Project, as determined by the Grants Coordinator, not to exceed four ( 4) sessions. Requests for exemption, under this special 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 1: Purchase and install street lighting with updated wiring for $183,676 increased safety along oublic sidewalks in Riverside Total Federal Funds: $183,676 The SUBRECIPIENT will accomplish the following checked prnject tasks: D Pay all closing costs related to prnperty conveyance D Maintain beneficiary income certification documentation, and provide to the COUNIY as requested ~ Maintain and provide National Objective Documentation 1.8] Provide Quarterly Reports on National Objective and project prngress ~ Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS 1.8] Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction meetings, prior to SUBBRECIPIENT issuance of Notice to Proceed (NTP) 1.8] Provide monthly construction and rehabilitation progress rep011s until completion of construction or rehabilitation 1.8] Identify Lead Project Manager 1.8] Provide Site Design and Specifications CllY OF NAPLES CD21--02 Street Lighting 3 16.D.4.a Packet Pg. 1423 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) ~ Comply with Davis-Bacon Labor Standards tzl Comply with Section 3 and maintain documentation tzl Provide certified payroll weekly throughout constrnction and rehabilitation ig} Comply with Uniform Relocation Act (URA), if necessary D Ensure applicable numbers of units are Section 504/ADA accessible ig} Ensure the applicable continued use period 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: tzl LMA -Low/Mod Area Benefit D LMC -Low/Mod Clientele Benefit D LMH-Low/Mod Housing Benefit D 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 CDBG 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. Failul'e to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Strnctures with three or more units must contain at least 51 percent occupied by LMI households, and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this Agreement will require repayment of the CDBG 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 1.1) Insurance CITY OF NAPLES CD21--02 Street lighting Deliverable Suppo1ting Documentation Policies as stated in this Agreement Insurance Certificate Submission Schedule Within sixty (60) days of Agreement execution Within 30 days of Agreement execution and Annually within thirty (30) days of renewal 4 16.D.4.a Packet Pg. 1424 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) Detailed Project Schedule Project Schedule Within sixty (60) days of Agreement execution Proiect Plans and Specifications Site Plans and Specifications Prior to procurement Subcontractor Log Subcontractor Log Initially at construction stat1, and quaiterly thereafter Progress Rep011 Exhibit C Quarterly rep011s. Annually after closeout. Section 3 Report Quarterly repot1 of new hire Quat1erly; within 10 days information following the end of the quarter. Annually after closeout. Davis-Bacon Act Cettified Weekly Certified Payroll Weekly within 7 days following Payroll reports, forms, and suppot1ing issuance of payroll checks documentation Annual Audit Monitoring ExhibitE Annually, within 60 days after Report then end of the FY end Financial and Compliance Audit Audit, Management Letter, and Annually: nine (9) months after Supporting Documentation FY end for Single Audit OR one hundred eighty (180) days after FY end Continued Use Ce11ification Continued Use Affidavit, if Annually; for five (5) yea1·s after applicable meeting the National Objective Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after completion of construction. Annually through the period of continued use Program Income Reuse Plan Plan Aooroved by the COUNTY NIA D. Payment Deliverables Payment Deliverable Payment Suppmting Documentation Submission Schedule Project Component 1: Purchase Submission of suppo11ing documents Submission of and install street lighting with must be provided as backup, as evidenced monthly invoices due updated wiring for increased by invoices, receipts, completed AIA by the 10 th of the safety along public sidewalks in G702~1992 form or equivalent document month for prior month Riverside per contractor's Schedule of Values, services/activities. check stubs, bank statements, copy of permits, and any other additional documentation as requested. 10% retainage will be held until monitoring clearance. Final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. Failure by the SUBRECIPIENT to achieve the National Objective will require repayment of the CDBG investment under this Agreement. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on Octoberl, 2021 and shall end on April 30, 2023. CITY OF NAPLES CD21-02 Street lighting 5 16.D.4.a Packet Pg. 1425 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) The County Manager or designee may extend the term of this Agreement fat· a period ofup to 180 days after the end of the Agreement Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED EIGHTY THREE THOUSAND SIX HUNDRED SEVENTY SIX ($183,676) for use by the SUBRECIPIENT, during the te1m of the Agreement (hereinafter, shall be referred to as the "Fundsu). Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners (Board) approval. The COUNTY shall reimburse SUBRECIPIENT for the pe1formance of this Agreement upon completion . or pattial completion of the work tasks, as accepted and approved by CHS. SUB RECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs; and all disbursement requests must he limited to the amount needed at the time of the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incw-red during the term of this Agreement. Invoices for work pe1formed are required eve1y month. If no work has been performed during that month, or if SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations may be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT, when requested, as work progresses but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the Agreement. Work performed dw-ing the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables may cause payment suspension of any open pay requests until the required deliverables are received by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." CllY OF NAPLES CD21--02 Street Lighting 6 16.D.4.a Packet Pg. 1426 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) 1,5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability, found at 2 CFR 200 Subpait E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of the Agreement, SUB RECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated prnject and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project( s) referenced above, as defined in 2 CFR 200 .413, The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by Subrecipients and Contractors shall comply with 2 CFR Subpatt E-Cost Principles. A Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpatt E and may impose requirements upon the Developer, to remain compliant with COUNTY's obligation to follow 2 CFR Subpait 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 addl'essed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Rachel Hansen, Grant Coordinator Collier County Government Community and Human Services Division 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: rachel.hansen@colliercountyfl.gov Telephone: (239) 252-6141 SUBRECIPIENT ATTENTION: Felix Gomez, Bids and Grants Coordinator City of Naples CITY OF NAPLES CD21-02 Street Lighting 735 8th Street South Naples, Florida 34102 Email: fgomez@naplesgov.com Telephone: (239) 213-7101 7 16.D.4.a Packet Pg. 1427 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples 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, SUBRECIPIENT shall make available for review, inspection, or audit all records, documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must fully clear any deficiencies noted in audit repo1ts within 30 days after its receipt of the rep011. SUBRECIPIENrs failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrnes to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501 The detennination of Federal Award amounts expended shall be in accordance with guidelines established by 2 CPR Part 200, Subpatt F~Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient rec6rds, 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. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agrnement. 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 to 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. CITY OF NAPLES C021-02 Street Lighting 8 '; ',, 1;""' .:...'_,,;,'··'· 16.D.4.a Packet Pg. 1428 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples 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, pe1manent, and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.334. However, if any litigation, claim, or audit is sta1ted before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim, 01· 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 200.337. The SUBRECIPIENT shall meet all requirements for retaining public records and h1msfer, at no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon termination of the Agreement and destroy any duplicate exempt or confidential public records that are exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY'S information technology systems. IF 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-rnferencing. 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. SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. SUBRECIPIENT shall document how compliance with the National Objective(s), as defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding has been received were accomlished. This includes special requirements, such as necessary and appropliate determinations as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable. CITY OF NAPLES CD2.1-02. Street lighting 9 .:_,,N 16.D.4.a Packet Pg. 1429 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records, and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2,3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit D) no later than 60 days after SUB RECIPIENT' s fiscal year end, In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single. Audit) after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may cany out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessmy. 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 satisfacto1y evaluations. Upon request by CHS, the SUBRECIPIENT shall submit information and status reports required by CHS or HUD, to enable CHS to evaluate said progress and allow for completion of required reports. SUBRECIPIENT 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 SUB RECIPIENT'S performance in an attempt to mitigate fraud, waste, abuse, or non-perfonnance, based on goals and pe1formance standards as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agt'eement, further defined by 2 CPR 200.332, Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable time period after being notified by CHS, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office oflnspector 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, WASTE, AND ABUSE SUBRECIPIBNT shall establish, maintain, and utilize internal systems and procedures necessmy to prevent, detect, and correct incidents of fraud, waste, 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 h'ansactions and CITY Of NAPLES CD21-02 Street Ughllng 10 16.D.4.a Packet Pg. 1430 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. 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 effo1ts to detect, investigate, and prevent fraud, waste, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation to the 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 prngress on such corrective action plans. 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. The escalation policy for noncompliance is as follows: C!lY OF NAPLES CD21--02 Street Lighting 1. Initial noncompliance may result in COUNTY issuing Findings or Concerns to the SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 15 days following issuance of the rep 011. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the conective action plan to CHS in a timely manner, the COUNTY may require a portion of the awarded grant funds be returned to the COUNTY. • CHS 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 forth in Resolution No. 2013~228. 3. If SUBRECIPIENT remains noncom pliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by 11 16.D.4.a Packet Pg. 1431 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) ce1tified mail, CHS may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, to be returned to the COUNTY, • CHS may require upwards of 10 percent of the award amount to be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENTwill be considered in violation ofResolutionNo. 2013- 228, 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. • CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all funds disbursed by CHS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate repo11s required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SUBRECIPIENT shall submit quatterly progl'ess repotis to the COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quartet' period end. As part of the report submitted in October, the SUBRECIPIENT agrees to include a comprehensive 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 and objectives set forth in Exhibit C, which contains an example repo1ting form to be used in fulfillment of this requirement. Other rep01ting requirements may be required by the County Manager or designee if the Program changes, the need for additional information or documentation arises, and/or legislative amendments are enacted. Repm1s and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. cnv OF NAPLES CD21-02 Street Lighting 12 16.D.4.a Packet Pg. 1432 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples 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, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants), including subpait K of these regulations, except that (1) SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24 CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPJENT is required to follow the federal procurement process; and ·c 4) for Developers, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the funds provided under this Agreement. The SUBRECIPIENT 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 paliies. The SUBRECIPIENT shall always 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 independent from the COUNTY. 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 Board. Such amendments shall not invalidate this Agreement, nm· relieve or release the COUNTY 01· SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, available funding amounts; or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to CITY OF NAPLES CD21-02 Street Lighting 13 16.D.4.a Packet Pg. 1433 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) be unde1taken as patt of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The patties 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 pe1taining to this Agreement. In the event of cuttailment or non-production of said federal funds, or the reduction of funds awarded by HUD to the COUNTY, to a level determined by the County Manager to be insufficient to adequately administer the project, the financial resources 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 shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the peifmmance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless 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' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, conh·ol, or supervision of the "SUBRECIPIENT in the perfonnance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue there- on. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pettain 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 expirntion of termination of this Agreement. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of program sponsorships, research reports, and similar public notices, whether printed CITY OF NAPLES CD2.1-02 Street Light! ng 14 {--· ' ~ '' ,,·, •, . ,!" 16.D.4.a Packet Pg. 1434 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) or digitally prepared and released by the SUBRECIPIENT fol', 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 SUBRECIPIENT. This design . concept is intended to disseminate key information to the general public regarding the development team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. 3,8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either the COUNTY or SUBRECIPIENT, in whole or in part, by setting fm1h the reasons for such termination, the effective date, and in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if 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. This Agreement may also be terminated by the COUNTY, if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200, Appendix II (A): A. SUBRECIPIENT's 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. SUBRECIPIENT's failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper maimer. C. SUBRECIPIENT's ineffective or improper use of funds provided under this Agreement. D. SUBRECIPIENT's submission of rep01ts to the COUNTY that are incorrect or incomplete in any material respect. E. SUBRECIPIENT's submission of any false certification. F. SUBRECIPIENT's failure to materially comply with any terms of this Agreement. G. SUBRECIPIENT's failure to materially comply with the terms of any other agreement between the COUNTY and the SUBRECIPIENT relating to the project. CITY OF NAPLES CD21-02 Street Lighting 15 16.D.4.a Packet Pg. 1435 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies, 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 SUBRECIPIENT to immediately repay to the COUNTY all CDBG funds received under this Agreement. D. Apply sanctions, if COUNTY determines them to be applicable. E. Stop all payments until identified deficiencies are corrected. F, Terminate this Agreement by giving written notice to SUBRECIPIENT 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 benefit for any incomplete project activities undertaken under this Agreement. 3.9 SUSPENSION AND DEBARMENT SUBRECIPIENT ce11ifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ine1igib1e, or voluntarily excluded from participation in this transaction by an Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lowel' tier contract, or other covered transaction, as outlined in Executive Orders 12549 (1986) and 12689 ( 1989), Suspension and Debarment and 2 CFR 200,214, as further detailed in Section 4.18. 3.10 REVERSION OF ASSETS In the event of a termination 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 h·ansfer to the COUNTY any property on hand at the time of. termination (or expiration) and any accounts receivable attributable to the use of CDBG funds, per 24 CFR 570.503(b)(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). CITY OF NAPLES CD21-02 Street Lighting 16 16.D.4.a Packet Pg. 1436 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) 3.11 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 200.310, has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT's performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal A":'ards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through 200.327) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Range: Competition Required $0-$50,000 3 Written Quotes $50,001+ Formal Solicitation (ITB, RFP, etc.) In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIBNT shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, undet· a procedure acceptable to COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the lowest, responsible, and qualified bidde1·. In accordance with 2 CPR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II(J) and 2 CFR 200.323. Contract administration shall be conducted by the SUB RECIPIENT and monitored by CHS, which shall have access to all records and documents related to the Project. 3.14 PROGRAM GENERATED INCOME No Progrnm Income is anticipated. However, if Program Income is derived from the use of CDBG funds disbursed under this Agreement, such Program Income shall be utilized by the CITY OF NAPLES CD21---02 Street Lighting 17 16.D.4.a Packet Pg. 1437 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) 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 CPR 200.307 and 24 CFR 570.503(c) in the operntion of the Program. When Program Income is generated by an activity that is only partially assisted by CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. If 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 1·evenue to determine net program income. For each funded project, the SUBRECIPIENT must submit to the COUNTY for approval, a list of proposed costs incidental to the generation of the program income. Additionally, real property unde1· the SUBRECIPIENT' S control that was acquired or improved, in whole or in part, with CDBG funds shall be used to meet one of the CDBG National Objectives, pursuant to 24 CFR 570.208, during the continued use period as referenced in section 3.14 (Grant Closeout Procedures) of this Agl'eement. If the SUBRECIPIENT sells, transfers, disposes of, or otherwise fails to continue to use the CDBG-assisted real property 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 property, after subtracting disposal costs. The basis for such percentage shall be 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. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with the COUNTY after the five (5) year continued use period has been met (for public services, "after the expiration of the Agreemenf'). The continued use period shall commence with the later of the SUBRECIPIENT meeting the National Objective or the recording of lien and/or deed restriction documentation. Activities during this closeout period shall include, but are not limited to making final payments; disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY); and determining the custodianship of records. In addition to the records retention outlined in Pait 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes, regarding records maintenance, preservation, and retention. A conflict between state and federal records retention law requir~ments will result in the more CITY OF NAPLES CD21-02 Street lighting 18 16.D.4.a Packet Pg. 1438 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) 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 returned to the COUNTY, Any funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to tenninate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for h·aining and employment. In addition, to the greatest extent feasible, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's business enterprises the maximum practicable oppmtunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and "minority and women's business enterprise" means a business that is at least 51 percent owned and conh·olled 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 women's business enterprises, in lieu of an independent investigation. 3.18 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 or 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. CITY OF NAPLES CD21-02 Street lighting 19 16.D.4.a Packet Pg. 1439 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) If the project is located in an entitlement city as defined by HUD, or serves beneficiaries countywide, more than 3 0 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. 3.19 AFFmMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program pursuant to the COUNTY' s specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action Program will need to be updated throughout the continued use period and must be submitted to the COUNTY within 60 days of any update/modification. 3.20 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 of 24 CFR 570.611 "Conflict oflnterest/' 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions goveming 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 paii by a covered person, or an entity owned or controlled in whole 01· in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractol' 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 to CHS in writing, provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statut01y requirement that maximum opportunity be provided for employment of and pat1icipation of low-and moderate- income residents of the project target area. 3.21 BYRD ANTI-LOBBYING AMENDMENT Each tier certifies that the tier above it will not, and has not, used Federally appropriated funds to pay any person or organization for influencing or attempting to influence the award of Federal CITY OF NAPLES CD21--02 Street lighting 20 16.D.4.a Packet Pg. 1440 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) funds, as covered by 31 USC 1352, as more fully described in Section 4.47 of this Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. 3.22 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.2000). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment based on religion, and will not limit employment or give preference in employment to persons based on religion. B. It will not discriminate agai11:st any person applying for public services based on religion, and will not limit such services or give preference to persons based on 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 structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities, in accordance with the cost accounting requirements applicable to CDBG funds in thts 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, 3,23 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 person, 3.24 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. Cl1YOFNAPLES CD21-02 Street lighting 21 16.D.4.a Packet Pg. 1441 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) 3.25 MISCELLANEOUS The SUBRECIPIENT and the COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. The SUBRECIPIENT represents and warrants that the financial data, reports, and other information on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures fairly represent the financial position of the SUBRECIPIENT. The SUBRECIPIENT certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind the SUB RECIPIENT to the terms of this Agrement. The Grant Documents shall be constmed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and petformed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by the DMSION. Electronic Signatures. This Agreement, and related documents entered into in connection with this Agreement are signed when a party's signature is delivered by facsimile, e•mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. CITY OF NAPLES CD21-02 Street Lighting Remainder of Page Intentionally Left Blank 22 16.D.4.a Packet Pg. 1442 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) PART IV GENERAL PROVISIONS 4,1 24 CPR 570 as amended-All the regulations regarding the CDBG program https://www.ecfr.gov/cgi-bin/text-idx?tpl=/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"" 1 acdb92f3 b05c3 f28 5dd7 6c26d 14 f54e&mc==true&node=pt24 .1. 5 8&rgn=div5 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 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 htt:ps://www.iustice.gov/crt/fair-housing-act-1 Executive Order 11063 -Equal Opportunity in Housing https://www.archives.gov/federal- register/codification/executive-order/11063 .html Executive Order 11259 -Leadership & Coordination of Fair Housing in Federal Programs hrtps://www.archives.gov/federal-register/codification/executive-order/12259.html 24 CFR Pari 107 -Non-Discrimination and Equal Opp01tunity in Housing undei· E.O. https :/ /www .law.comell.edu/cfr/text/24/part-107 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 Subpart K -The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opp01iunity in housing. https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vo13-sec570- 602.pdf 4.7 Executive Order 11246 ("Equal Employment Oppottunity"), as amended by Executive Orders 11375 and 12086 -which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https ://www .doL gov/agencies/ofccp/ executive-order-11246/as-amended BO 11375 and 12086: see item #8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Oppmiunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity 01· Affirmative Action employer. https://www.hud.gov/programdescription/title6 CITY OF NAPLES CD21-02 Street lighting 23 16.D.4.a Packet Pg. 1443 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) 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 fo1ih 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 SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT ftuiher 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, oppo1iunities 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 opportunities for low-and very low-income persons residing in the metropolitan area in which the project is located:' The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- 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 participants 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 very 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 opportunities to low-and very low- income residents within the service area or the neighborhood in which the project is located, and to low-and very low-income participants in other HUD programs. https://www.hud.gov/sites/documents/DOC 12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or othet· legal incapacity exists that would prevent compliance with these requirements. https://www.ecfr.gov/cgi~bin/text-idx?c=ecfr&tpl==/ecfrbrowse/Title24/24cfrl35 main 02.tpl CITY OF NAPLES CD21--02 Street Ughtlng 24 16.D.4.a Packet Pg. 1444 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) 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://v.rww. law .cornell .edu/uscode/text/ 42/ chapter-76 11246: https://www.dol.gov/ofccp/regs/statutes/eol 1246.htm 11375: Amended by BO 11478 11478: https://www.archives.gov/federal-register/codification/executive-order/ 114 7 8.htm I 12107: https://www.archives.gov/federal-register/codification/executive-order/ 12107 .html 12086: https:/ /www.archives.gov/federal-register/codification/executive-order/ 12086 .html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https :/ /www.dol.gov/whd/regs/statutes/ safe0 1.pdf 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/ocr 29 USC 776: https://Iaw.onecle;com/uscode/29/776.html 24 CFR 570.614: https://www.law.comeU.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 Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.gov/real estate/uniform act/index.cfin 4.15 29 CFR Pat1s 3 and 5 -Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis-Bacon Act: 42 USC 276a to 40 USC 276a: https :/ /uscode.house. gov /view.xhtm l?reg=granuleid: USC-l999-title40-section276a- 7 &num =0&edition= 1999 29 CFR Pat1 3 -Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States https://www.law.comell.edu/cfr/text/29/part-3 29 CFR Pait 5 -Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) https://www.law.comell.edu/cfr/text/29/part-5 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 SUBRECIPIENT agrees to comply with the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or cnY OF NAPLES CD21-02 Street Llghtlng 25 16.D.4.a Packet Pg. 1445 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) subconh·actors from inducing an employee to relinquish any pa1t of his/her compensation, under the federally-funded contract. 18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-20 l 0-title 18/pdfYUSCODE-201 0- title 18.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. Department of Housing and Urban Development Circular Letter 79-45 -which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.0. 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 .htm I 4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contra.cting opportunities laws, regulations, and executive orders referenced in 24 CPR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act (HCDA)are still applicable. 24 CFR 570.607: https ://www.ecfr.gov/cgi-bin/text- idx?SID=9eae3 f8eaa991 fil411 D83b74003bcb 1&mc=true&node=pt24.3 .5 70&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://W0r'w.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://mvw.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.tpl 4.21 2 CFR 200.216 -Prohibition on ce1tain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract ( or extend or renew a contract) to procure or obtain equipments, services, or systems that use(s) covered telecommunications equipment or services as a substantial component of any system, or as critical technology as part of any system. 4.22 Immigration Reform and Control Act of 1986 https://www.eeoc.gov/eeoc/history/35th/thelaw/irca.htm1 4.23 Prohibition of Gifts to COUNTY Employees -No organization or. individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, se1vice, or other item of value to any Cl1YOFNAPLES CD21-02 Street Lighting 26 16.D.4.a Packet Pg. 1446 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) 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- https ://www Jawserver.com/law/ state/florida/statutes/florida_statutes chapter 112 part iii Collier County- http://www.colliergov.net/home/showdocument?id""3 513 7 4.24 Order of Precedence -In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except that 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. 4.25 Venue-Any suit of action brought by either party to this Agreement against the other party, relating to or arising out of this Agreement, must be brought in the appropriate federal or state coutts, in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.26 Dispute Resolution H Prior to the initiation of any action or proceeding pennitted by this Agreement to resolve disputes between the patties, the parties shall make a good faith effmt 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 bet\veen the parties arising out of this Agreement, the patties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Cou1t Mediator ce1tified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other patty may obtain a comt 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 comi; and the US District Comi, Middle District of Florida, if in federal comt. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HA VE 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 ' 4.27 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/USCO D E-20 l 0-title42-chap85 .htm https://www.law.cornell.edu/uscode/text/42/chapter-85 b. Federal Watel' Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.govinfo.gov/content/pkg/USCODE-201l-title33/pdf/USCODE-2011-title33- chap26.pdf CITY OF NAPLES CD21-02 Street Lighting https:/ /www. law .cornell .edu/uscode/text/3 3/chapter-26 27 16.D.4.a Packet Pg. 1447 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) 4.28 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpatt K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/ol' reduce the cost of said flood insurance. https://wwvv.law.cornell.edu/cfr/text/24/570.605 4.29 The SUBRECIPIENT 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-vol3/CFR-2000-title24-vo13-sec570-608-id 163 4.30 The SUBRECIPIENT agrees to comply with the Historic Preservation requfrements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Pait 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/nhpa1966.htm https://www.achp.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or Local historic property list https://www.nps.gov/history/local-law/nhpa 1966.htm 4.31 The SUBRECIPIENT must certify that it will provide drng-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-title41-chap 1 O- sec 701 4.32 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, 01· voluntarily excluded from patiicipation in this transaction by any Federal Department or agency; and 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 pa11icipating in this covered transaction as outlined in 24 CFR 570.609, SubpaiiK. https :/ /www.archives.gov/federal-registe1•/codification/executive-order/12549 .html 4.33 The SUBRECIPIENT 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. 4.34 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 Cl1YOFNAPLES CD21-02 Street llg hting 28 16.D.4.a Packet Pg. 1448 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) SUBRECIPIENT shall comply with the requirements and standards of 2 CPR 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 CPR 200.345, 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=5a78addefff9a535e83fed30l 0308aef&mc=true&node=se2. l .200 1344&rgn=div8 4.35 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within SUBRECIPIENT control, which is acquired or improved, in whole or part, with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CPR 570.505. https://www .gpo.gov/fdsys/granule/CFR-l 999-title49-vol 1/CFR-1999-title49-vol l -sec24-l O 1 https://www.govinfo.gov/app/detai ls/CFR-2012-title24-vol3/CFR-2012-title24-vo 13-sec570-505 4.36 As provided in§ 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by§ 287.133 (3) (a), Florida Statutes. http://www.leg.state. fl. us/Statutes/index.cfm? App mode::::Display Statute&Search String=&UR L=c0200-0299/0287/Sections/0287. I 33 .html 4.37 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, renewa1, 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 Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-gt·ants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall ce1iify and disclose accordingly. CITY OF NAPLES CD21--02 Street lighting 29 16.D.4.a Packet Pg. 1449 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) 4.38 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. https ://www.gsa.gov/portal/ content/104877 4.39 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 parts su bpaitA sections .106 4,40 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 Secretaiy under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 170 lx, per 24 CFR 5.111. https://www.ecfr.gov/cgi-bin/text- idx?SID=e3 3 9ece9fdfd 14 79eab67 e8 5 Oc7 cddd4&node=24 :2.1. 1.2 .10.4&rgn:;::div6 https://www.law.cornell.edu/cfr/text/24/5.111 4.41 HUD Final Rule-Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federalregister.gov/documents/2016/11/16/2016-25 888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing-programs 4.42 Any rule or regulation determined to be applicable by HUD. 4.43 Florida Statute 448.095 Employment Eligibility. Per Florida Statute 448,095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning Januaiy 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1, 2021. http://www.leg.state.fl.us/statutes/index.cfin? App mode=Display Statute&URL:;::0400- 0499/0448/0448 .html 4.44 Florida Statutes 713.20, Prut 1, Constmction Liens https://www.leg.state.fl.us/Statutes/index.cfin? App mode:;::Display Statute&URL:;::0700- 0799/0713/0713 .html 4,45 Florida Statutes 119.021 Records Retention http://www.leg.state.tlus/Statutes/index.cfm? App mode=Display Statute&URL=O 100- 0199/0119/Sections/Ol 19.02 l .html 4.46 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm? App mode=Display Statute&URL=O 100- 0199/0119/Sections/O l 19.071.html CITY OF NAPLES CD21--02 Street Lighting 30 16.D.4.a Packet Pg. 1450 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) 4,47 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 pl'oficiency pursuant to information located at http://www.lep.gov. 4.48 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD 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 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 HUD funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.49 Arrest and Conviction Records: Federal and state laws restrict use of arrest 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. 4.50 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 suppo1t or defeat any legislation pending before local, state, or federal legislatures. 4,51 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 4.52 Political Activities Prohibited: None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be CITY OF NAPLES CD21-02 Street Lighting 31 16.D.4.a Packet Pg. 1451 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4,53 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD 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 HUD and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 4.54 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to repo1t allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the patt of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at https ://ojp.gov /funding/Explore/ProhibitedConduct-Trafficking.htm. 4.55 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 supp01t of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OJP. 4.56 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of patties, assignment, or performance of experimental, developmental, or research work under this funding agreement, the SUBRECIPIENT must comply with the requirements of 37 CFR Pati 401, HRights 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/retdeveECFR?gp=&SID=a004b6bf20934ace7a717de761dc64cO&mc=true&n=pt37. l .401 &r =PART &ty=HTML CITY OF NAPLES CD21-02 Street Lighting (Signatul'e Page to Follow) 32 16.D.4.a Packet Pg. 1452 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. Dated: ,!.J.fl.12 aq. 20:}) (SEAL) Approved as to form and legality: ~L~ Jennifer: Bclpedio l Assistant County Attorney CllYOFNAPLES CD21--02 Street Lighting BOARD OF COUNTY COMMISSIONERS OF COLLIERe~TY, FLORif A By: / ff/k~ \_~ ~ PENNY TA YL , cHJ\rER ON CITY OF NAPLES 33 16.D.4.a Packet Pg. 1453 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples 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: 1. 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, rion-owned an_d 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 1 -3 above, a Certificate oflnsurance 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 1 -4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 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 CITY OF NAPLES CD21-02 Street Lighting 34 16.D.4.a Packet Pg. 1454 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or 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. 10. Property Insurance coverage on an "All Risk" basis, in an amount not less than one hundred ( 100%) of the replacement cost ofthe property. 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 prope11ies found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. CITY OF NAPLES CD21-02 Street Ugh ting 35 16.D.4.a Packet Pg. 1455 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) EXHIBITB COLLIE~ COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUB RECIPIENT Name: City of Naples SUBRECIPIENT Address: 735 8th Street South Naples, Florida 34102 Project Name: Riverside -Street Lighting Project Project No: CD21~02 _ Total Payment Minus Retainage Period of Availability: _ through Payment Request # Period for which the Agency has incurred the indebtedness SECTION II: STATUS OF FUNDS through · Subrecipient 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Net of Retainage, if $ $ applicable) 4. Current Grant Balance (Initial Grant Amount Award $ $ request) (includes Retainage) CHS Approved I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) CITY OF NAPLES CD21-02 Street lighting Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) 36 16.D.4.a Packet Pg. 1456 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) EXHIBITC QUARTERLY PERFORMANCE REPORT DATA The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement and Information System (IDIS). The COUNTY reports infonnation on a quarterly basis. To facilitate in the preparation of such reports, SUB RECIPIENT shall submit the information contained herein within ten ( 10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIBNT may be required to enter the infonnation collected on this exhibit into an online grant management system. Subrecipient Name: City of Naples Date; Proiect Title: Riverside Street Lighting Proiect JDIS #: Program Contact Felix Gomez Telephone Number: 239-213-7101 Activity Repoiiing Period Report Due Date October pt -December 31'1 January 10th Janua1y 1st -March 31 st April 10 th April 1st -June 30 th Julv 10th July pt -September 30th October lO!h REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/21 3/31/22 6/30/22 9/30/22 Please note: The HUD Program year begins October 1, 2021 -September 30, 2022. Each quarterly report must include cumulative data beginning from the start of the program year October l, 2021. 1. Please list the outcome goal(s) from yom-approved application and SUBRECIPIENT Agreement and indicate your progress in meeting those goals since October 1, 2021. a. Outcome Goals: list the outcome goal(s) from vour approved annlication and SUBRECIPIENT Agreement Outcome 1: Install 20 street lights, including uograded wiring Outcome 2: Meet the National Obiective Outcome 3: b. Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: Meet the National Obiective Outcome 2: Outcome 3: 2. Is this project still in compliance with the original project schedule: Yes D No 0 If No, Explain: 3, Since October 1, 2021; of the persons assisted, how many ... Answer ONLY for Public Facilities & Infrastrncture 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 SUB RECIPIENT aooly for this period? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement $ Funds CITY OF NAPLES CD21--02 Street lighting 0 0 0 0 37 16.D.4.a Packet Pg. 1457 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) 5. 6. 11, 8. What is the total number ofUNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question Sa or Sb; NOT both For LMC activities: people, race/ethnicity, and income data are repmted 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) Quatter Total No. of Persons 0 Quarter Total No. of Persons 0 b. Total No. of Households served 0 Total No. of female head of household 0 (LMH) What is the total number ofUNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethnicity and income data are reported by persons. a. Total No. Persons/Adults served (LMC) 0 Total No. Persons served under 18 0 CIMC) YTDTotal: 0 YTD Total 0 b. Total No. Households served (LMH) 0 Total No. female head of household (LMH) 0 YTD Total 0 YTDTotal 0 Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b ifyout· program only serves clients in one or more of the listed HUD Presumed Benefit categories. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY (LMC) Quarter (LMC)YTD Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUP LI CAT ED served this quarter who fall into each presumed benefit persons served since October 1 who fall into each categ01y (the total should equal the total in question #6a presumed benefit categ01y (the total should equal the or 6b): total in cmestion #6a or 6b): a Presumed Benefit Activities Onlv (LMC) QTR 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/HIV/AIDS 0 Elderly Persons LlorMOD 0 Elderly Persons Llor MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely LI 0 Severely Disabled Adults LI Disabled Adults 0 Quarter Total 0 YTDTotal Indicate the total number ofUNDUPLICATED persons Indicate the total number ofUNDUPLICATED served this Quaiter who fall into each income category persons served since October 1 (YTD) who fall into (the total should equal the total in question #6): each income categ01y (the total should equal the total in uestion #6 : CIT{ OF NAPLES CD21-02 Street Lighting 38 16.D.4.a Packet Pg. 1458 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) I a ELI Extremely Low Income (0-30%) 0 b ELI Extremely Low 0 Income (0-30%) LI Low Income (3 l -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 I 9. Is this project ln a Low/Mod Area (LMA)? YES I I NO I Was project completed this quarter? YES I I NO I ff yes, complete all of this section 9. Date project completed Block Group Census Tract Total Beneficiaries Low/Mod Low/.tv1od Percentage Beneficiaries 0 0 0 0 0 Date LMA Narrative approved by CHS? What documentation suppmts project completion? (Le., Certificate of Completion or Certificate of Occupancy, etc.) 10. Racial & Ethnic Data (if anolicable) Please indicate how many UNDUPLICA TED Please indicate how many UNDUPLICATED clients clients served this Quarter fall into each race served since October (YTD) fall into each race category. In category. hi 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 category consider themselves consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in should eaual the total in question 6.) auestion 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-rncial 0 0 Other Multi-racial 0 0 0 0 0 0 Name: Signature: ______________ _ Title: ---------------~ Youl' typed name ltel'e l'epresents you1· electronic signatnl'e CITY OF NAPLES CD21-02 SI reet Lighting 39 16.D.4.a Packet Pg. 1459 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) EXHIBITD INCOME CERTIFICATION INSTRUCTIONS Complete this form and retain appropriate supp01ting documentation proving CDBG assistance to an eligible beneficiary. Please retain in your organization's records and have on hand for future monitoring visits. Effective Date: ________ _ A. Household Information Member Names -All Household Members Relatiousbip 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) Total Income from Assets If line B(a) is greater than $5,000, multiply that amount by the rate ~pecified by HUD (applicable rate O .06%) and enter results in B(c), otherwise leave blank. B c CITY Of NAPLES CD21-02 Street Lighting Age Income from Assets 40 16.D.4.a Packet Pg. 1460 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages/ Benefits/ Public Other Asset Salal'ies Pensions Assistance Income Income (include tips, commissions, (Enter the bonuses, and greater of ove1iime) boxB(b) or l box B(c), 2 above, in 3 box C(e) 4 below) 5 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 Anticipated 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 forth in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief, and are given under penalty ofpe1jmy. 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 Section 775.082 and 77 5 .083, Signature of Head of Household Signature of Spouse or Co~Head of Household Adult Household Member (if applicable) Adult Household Member (if applicable) CITY OF NAPLES CD21--02 Street Lighting Date Date Date Date 41 ··) 16.D.4.a Packet Pg. 1461 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) nam~d in Item A of this Income Ce1tification is/are eligible under the provisions of the CDBG Program, The family or individual(s) constitute(s) a: D Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/S0 th of the Very Low Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ _____ ). D Very Low Income (VLI) Household means and individual or family whose annual income does. not exceed SO 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$ _____ .). D Low Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ _____ .), Based on the ________ (year) income limits for the Naples-Marco Island Meh·opolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her D~signated Representative: Signature Date Printed Name Title F, Household Data Number of Persons By Race/ Ethnicity B Age American Native Other Indian Asian Black Hawaiian or White 0-25 26---40 41-61 62+ Other Pac. Islander Hispanic Non- Hispanic NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information, and refusal to give such information will not affect any right he or she has to the CDBG program. CllY OF NAPLES CD21-02 Street light! ng 42 16.D.4.a Packet Pg. 1462 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) EXHIBITE ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 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 the organization 1s compliance. In determining Federal awarcls expended.in a fiscal year, the subrecipient must consider all sources of Fe<:'leral.awards, based on when the activity related to the Federal award occurs, including any Federal awarcl provided by CollierCounty. The determination of amounts of Federal awards ~xpended shall be in accordance.with the guidelines.estat>lished.by 2 CFR Part 200, Subpart F ...: Audit Requirem1;3nts. This form may be use,d to monitor florida ~ingle Audit Act (Statute 215.97) reauirements. · · · · · · · · · · · · ·. · · ·· · · · · · · · · · · · · · · · · · ·. · · · · · · · Subreclplent .. · ... · I ·. · .. . ·.· ... ···. ·.· ··. · . City of .Nttples .. ·: • • Name···••.·· ·. I . . . : . . . . . . . . . . . . . First Date of Fiscal Year (MM/DD/VY) · Last Date of Fiscal Year (MM/DD/VY) 10/01/2020 .· .. . 09/30/2021 . · •. • •·· .. \ .... .. Total Fecteral FJn11ncial As•i•tance E:x:penc:h,d .. • .. ·· .. · .. Te>tal St•te Financial AssistanceE:x:pencted during '·•··· during most recently completed Fiscal Year most recentlv 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. 8. We are not subject to the requirements of 0MB 2 CFR Part 200, Subpart F because we: D Did not exceed the expenditure threshold for the fiscal year indicated above □ D Are a for-profit organization D 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. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Print Name and Title CITY OF NAPLES CD21-02 Street Lighting I Date I · 06/18 43 16.D.4.a Packet Pg. 1463 Attachment: CON Street Light Agreement-Fully Executed (20869 : City of Naples CDBG First Amendment) 16.D.4.bPacket Pg. 1464Attachment: Amendment #1-Final (20869 : City of Naples CDBG First Amendment) WHEREAS, the parties desire to increase the project budget to allow for additional street light replacements, and update CHS contact information; and WHEREAS, on December I4, 202I, the Board approved the substantial amendment to allocate an additional $500,000 to the City of Naples Street Lighting Project. NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend the Agreement as follows: Words St-11ueh-+l1t'Ou1,..i1 n1·e deleted; Words Underlined nre added 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 CDl3G assistance 11s provided herein and, 11s determined by Collier County Community 11nd Human Services (CHS) Division, perform the tasks necessary to conduct the progrnm tts follows: Project N11me: City of N11ples Street Lighting Description of project and outcome: To provide sttfc and seeme lighting for its residents, the City of Naples is upd11ting the street lighting in the Rwel'5i�e River Park loctttion. Project Component One: Purchase nnd inst11II street lighting with upd11ted wiring for inerenscd safety along public sidewalks in R+vel'-SiEle River Pnrk. The property will be deed restr icted 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. 1.2 PROJECT DETAILS A.· Project Description/project Budget Description * * Federal Amount Project Component I: Purcl111se and install street lighting with updated wiring for $� incre11scd safety along public sidewalks in l�l'SiEle-River Park Total Federal Funds: Detailed Project Schedule Project Plans 11nd Specifications CITY OF NAPLES CD21-02 First Amendment Street lighting Project ** * Project Schedule Site Plans and Specifications $683,676 $183,676 $683,676 Within sixty (60) d11ys of Agreement execution Prior to 1>rocurement 16.D.4.b Packet Pg. 1465 Attachment: Amendment #1-Final (20869 : City of Naples CDBG First Amendment) 16.D.4.bPacket Pg. 1466Attachment: Amendment #1-Final (20869 : City of Naples CDBG First Amendment) 16.D.4.bPacket Pg. 1467Attachment: Amendment #1-Final (20869 : City of Naples CDBG First Amendment) 16.D.4.bPacket Pg. 1468Attachment: Amendment #1-Final (20869 : City of Naples CDBG First Amendment) 16.D.4.bPacket Pg. 1469Attachment: Amendment #1-Final (20869 : City of Naples CDBG First Amendment)