Loading...
Agenda 09/10/2024 Item #16L1 (To improve accesibility and pedestrian safety within the Immokalee Commutinty Redevelopment Area (CRA))16.L.1 09/10/2024 EXECUTIVE SUMMARY Recommendation that the Collier County Board of County Commissioners (BCC), acting as the Community Redevelopment Agency (CRA), approve a Subrecipient Agreement for Community Development Block Grant (CDBG) funds in the amount of $1,001,371 for the construction of the First Street Corridor Pedestrian Safety Improvement Project in Immokalee, authorize the Chairman of the CRA to sign the Subrecipient Agreement, and authorize necessary budgets amendments (Project 33831). (Companion to item 16D3) OBJECTIVE: To improve accessibility and pedestrian safety within the Immokalee Community Redevelopment Area (CRA). CONSIDERATIONS: On March 8, 2022 (Agenda Item 16.13.1), the CRA approved an after -the -fact Community Development Block Grant (CDBG) electronic grant application to fund the (CD24-02) First Street Corridor Pedestrian Safety Improvements Project, administered by the Collier County Community and Human Services (CHS) Division as summarized below. The scope of the project was based on the conceptual plan that was developed in 2021 and included the installation of Rectangular Rapid Flashing Beacons at three crosswalks and adding additional light poles to extend the lighting system on South First Street (CR 846/Immokalee Road) from Main Street to Seminole Crossing Trail/School Drive. On June 28, 2022, through a competitive process, the BCC selected and awarded grant funds to the CRA for the design portion of the First Street Corridor Pedestrian Safety Improvement Project in the amount of $250,000 to complete the design and all project -associated costs and fees. The awarded engineering consultant was Kisinger, Campo & Associates, and the construction plans are expected to be completed in October 2024. On February 27, 2024 (Agenda Item 16.L.1), the BCC approved an after -the -fact electronic grant application submittal to CHS's FY2024/2025 Housing and Urban Development (HUD) CDBG program seeking funding in the amount of $1,200,000 for the construction of the First Street Pedestrian Safety Improvement Project. The Review and Ranking Committee presentation was on March 27, 2024. On April 8, 2024, CHS provided notification of the recommendation for funding in the amount of $1,001,371 in CDBG funds for the project. On July 23, 2024 (Agenda Item 16. DA), the BCC approved the Collier County Consolidated Action Plan for Federal Fiscal Year 2024 -2025 for the CDBG Program with Resolution 2024 -138. Through this executive summary, the CRA will accept the funds and approve the Subrecipient Agreement. Staff will be working with the CHS Division to ensure that the project is completed to meet all grant requirements. FISCAL IMPACT: The total estimated project cost is $1,571,500. A budget amendment is necessary to recognize CDBG grant fundings for construction in the amount of $1,001,371 within the CRA Grant Fund (1027), Project 33831. There is no match requirement. The CRA was previously awarded CDBG funding in the amount $250,000 funding for design. An estimated local contribution of $320,129 is necessary to cover the costs of CEI, construction exceeding available grant funding, and other associated fees. Funding is available within CRA Capital Fund (1026) Project, 50250 supported by ad valorem. The CRA shall complete the construction portion of the project by April 2026 to meet all grant requirements. Section 4.4.1 of the Immokalee Section of the Community Redevelopment Plan identifies the First Street Corridor as a short-term project priority. Packet Pg. 1836 16.L.1 09/10/2024 GROWTH MANAGEMENT IMPACT: This grant opportunity furthers the programs and projects within budgetary and policy guidance for the CRA and BCC of Policy 3.3.7: Safety Improvements of the Future Land Use Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. - CJS RECOMMENDATION: Recommendation that the Collier County Board of County Commissioners (BCC), acting as the Community Redevelopment Agency (CRA), approve a Subrecipient Agreement for Community Development Block Grant (CDBG) funds in the amount of $1,001,371 for the construction of the First Street Corridor Pedestrian Safety Improvement Project in Immokalee, authorize the Chairman of the CRA to sign the Subrecipient Agreement, and authorize necessary budgets amendments (Project 33831). Prepared By: Yvonne Blair, Immokalee CRA Project Manager ATTACHMENT(S) 1.24-02 Subreceipient Agmt First St Construction (PDF) Packet Pg. 1837 16.L.1 09/10/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.L.1 Doc ID: 29731 Item Summary: Recommendation that the Collier County Board of County Commissioners (BCC), acting as the Community Redevelopment Agency (CRA), approve a Subrecipient Agreement for Community Development Block Grant (CDBG) funds in the amount of $1,001,371 for the construction of the First Street Corridor Pedestrian Safety Improvement Project in Immokalee, authorize the Chairman of the CRA to sign the Subrecipient Agreement, and authorize necessary budgets amendments (Project 33831). (Companion to item 16D3) Meeting Date: 09/10/2024 Prepared by: Title: — Immokalee CRA Name: Yvonne Blair 08/19/2024 1:56 PM Submitted by: Title: — Bayshore CRA Name: John Dunnuck 08/19/2024 1:56 PM Approved By: Review: Corporate Business Operations Office of Management and Budget Bayshore CRA Grants County Attorney's Office Office of Management and Budget County Attorney's Office Community & Human Services Grants County Manager's Office Board of County Commissioners Jennifer Reynolds Stage 1 Review Charles Kammerer Stage 1 Review John Dunnuck Director - CRAs Joanna Partyniewicz Level 2 Grants Review Carly Sanseverino Level 2 Attorney Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Maggie Lopez OMB Reviewer Therese Stanley OMB Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 08/19/2024 2:11 PM Completed 08/19/2024 2:21 PM Completed 08/20/2024 8:42 AM Completed 08/26/2024 3:09 PM Completed 08/27/2024 12:54 PM Completed 08/27/2024 1:14 PM Completed 08/27/2024 3:16 PM Completed 08/28/2024 2:14 PM Completed 09/04/2024 12:13 PM Completed 09/04/2024 12:46 PM 09/10/2024 9:00 AM Packet Pg. 1838 16.L.1.a FAIN # B-24-UC-12-0016 B-23-UC-12-0016 B-22-UC-12-0016 B-21-UC- 12-0016 Federal Award Date 10/2024 Federal Award Agency HUD C1'DA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $1,001,371.00 Subrecipient Name Collier County Community Redevelopment Agency (Immokalce) UEI# JWKJKYRPLLU6 FEIN 59-6000558 R&D NA Indirect Cost Rate NA Period of Performance 10/l/2024-4/30/2026 Fiscal Year End 9/30 Monitor End; 12/2031 AGREEMENT 113ETWEEN COLLIER COUNTY AND M ti Collier County Community Redevelopment Agency (Immolwlee) m CDBG Grant Program — Construction THIS AGREEMENT is made and entered into this clay of 2024, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY") having its principal address at 3339 Tamiami Trail East, Suite 213, Naples FL 34112, and Collier County Community Redevelopment Agency (Immokalee) ("SUBRECIPIENT"), a Community Redevelopment Organization having its principal office at 750 South 5"' Street, Suite C, I€Ilmokalee, FL 34142, WHEREAS, the COUNTY has entered into an Agreement with the United States Departme€It of I-Iousing and Urban Development (HUD) for a grant to execute and implement a Community Development Block Grant (CDBG) Program in certain areas of Collier County, pursuant to Title I of the I. -lousing and Community Development Act of 1974 (as amended); and WHEREAS, the Board of County Commissioners of Collier County ("Board") approved the Collier County Consolidated Plan — One-year Action Plan for Federal Fiscal Year 2024-2025 for the CDBG Program with Resolution 2024- on July 23, 2024— Agenda Item 16,D.4 ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2024-2025 Annual COLLILR COUNTY ComimuNiITY REDEVELOPMENT AGENCY (]yS\40KALEE) CD24.02 First Street Corridor Pedestrian Salety - Constniction Page I Packet Pg. 1839 16.L.1.a Action Plan, on June 17, 2024, with a 30-day Citizen Comment period from July 3, 2024 to August 3, 2024; and WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in undertaking the CDBG project — (CD24-02) First Street Corridor Pedestrian Safety - Coll struction. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by t13e Parties as follows: PART I SCOPE OF WORIC 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: First Strect Corridor Pedestrian Safety - Construction Description of project and outcome: CHS, as an administrator of the CDBG program, will make ti available FY 2021-2022, FY 2022-2023, FY 2023-2024 and FY 2024-2025 CDBG funds up to the N gross amount of $1,001,371.00 to Collier County Redevelopment Agency (Immokalee) to fund the c construction of the First Street Corridor Pedestrian Safety Construction project, to include lighting and crosswalk signals, in Immokalee, FL. Project Component One: Complete the First Street Corridor Pedestrian Safety Construction project including all labor, design, construction, permitting, materials, freight charges, and all other costs and fees. 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of execution of this Agreement, SUBRECIPIENT must deliver to CHS for approval, a detailed project schedule for the completion of the project. B. SUBRECIPIENT must submit the following resolutions and policies to CHS within sixty (60) days of execution of this Agreement: ❑ Affirmative hair Housing Policy ® Affirmative Action/Equal Opportunity Policy ® Conflict of Interest Policy (COI) and related COI Forms a COLLIER COUNTY C01MMUNITY REDEVELOPMLNT AGENCY (Iiv MOKALEE) CD24-02 First Street Corridor Pedestrian Safety - Construction Page 2 Packet Pg. 1840 16.L.1.a ® Procurement Policy ® Uniform Relocation Act (URA) Policy ® Sexual Harassment Policy ® Section 3 Policy ❑ Section 5041ADA Policy ® Fraud, Waste, and Abuse Policy ® Language Assistance and Planning Policy (LAP) ® Limited English Proficiency Policy (LEP) ❑ Violence Against Women Act (VAWA) Policy ❑ LGBTQ Policy C. Environmental Review Requirement (ERR) -- This Agreement does not constitute a 7 commitment of funds or site approval. The commitment of funds or site approval may r occur only upon satisfactory completion of environmental review, executed by tite 44i COUNTY, and either (i) the determination that the project is exempt or (i i) the COUNTY's a, receipt of an approved request for release of funds and certification from HUD, under 24 a CFR Part 58. The provision of any funds to the project is conditioned on the COUNTY's m determination to proceed Nvith, modify, or cancel the project based on the results of the L) environmental review. No program costs can be incurred until an environmental review of m m the project is completed and approved by the COUNTY. Further, SUBRECIPIENT Nvill in not Undertake any activity or commit any fonds prior to CHS issuing a Notice to Proceed m (NTP) letter, Violation of this provision may result in the termination of this subaward v and/or the denial of any reimbursement of funds under this Agreement. M ti D. Annual Subrecipient Training — All SUBRECIPIENT staff assigned to the administration N and implementation of the Project established by this Agreement shall attend the CHS- c sponsored Annual SUBRECIPIENT Fair Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other N CHS-offered SUBRECIPIENT training, relevant to the Project, as determined by the c 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, N prior to the training. E. Limited English Proficiency — Persons who, as a result of national origin, do not speak English as their primary language and who have limited ability to speak, read, write, or understand English ("limited English proficient persons" or "LEP persons") may be entitled to language assistance under Title VI of the Civil Rights Act of 1964 (Title VI) in order to receive a particular service, benefit, or encounter. In accordance with Title VI and its implementing regulations, SUBRECIPIENT agrees to take reasonable steps to ensure nicaningful access to activities funded with HUD Funds by LEP persons. Any of the following actions could constitute "reasonable steps," depending on the circumstances: acquiring translators to translate vital documents; advertisements or notices; acquiring interpreters for face-to-face interviews with LEP persons; placing advertisements and notices in newspapers that serve LEP persons; partnering with other organizations that a COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) CD24-02 First Street Corridor Pedestrian Safety - CnnSITUCtion Page 3 Packet Pg. 1841 16.L.1.a serve LEP populations to provide interpretation, translation, or dissemination of information regarding the project; hiring bilingual employees or volunteers for outreach and intake activities; contracting with a telephone line interpreter service; etc. F. Build America, Buy America — SUBRECIPIENT must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the SUBRECIPIENT's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any fluids obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. All infrastructure project contracts and subcontracts must contain Buy America Preference (BAP) compliance requirements for product and material purchases, the requirement to maintain records that verify compliance with the BAP, and that any project -specific waiver be approved prior to purchasing products or materials not produced in the U.S. If BABA is applicable to this Agreement, SUBRECIPIENT shall maintain a BABA construction cltccklist, product certification letter(s), and other supporting documentation or BABA waiver, as applicable, and provide such documentation, as requested by CHS. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: Complete the First Street Corridor Pedestrian Safety $1,001,371.00 Construction project including all labor, design, construction, permitting, materials, fi-eight charges, and all other costs and fees. Total Federal Funds; $1,001,371.00 SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ❑ Maintain beneficiary income certification documentation, using Exhibit D, as amended or County -approved presumed benefit documentation and provide to the COUNTY, as requested ® Maintain National Objective Documentation, and provide to COUNTY, as requested ® Provide Quarterly Reports on National Objective and project progress ® Provide Leverage Funds Report ❑ Provide Quarterly Fair Housing Calls Report Z Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS a COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) CD24-02 First street Corridor Pedestrian Safeq, - Construction Page 4 Packet Pg. 1842 16.L.1.a ® Ensure attendance by SUBRECIPIENT and General Contractor at Pre -Construction meetings, prior to SUBBRECIPIENT issuing Notice to Proceed (NTP) to contractor ® Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ® Identify Lead Project Manager ® Provide Site Design and Specifications ® Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work ® Comply With Davis -Bacon Act Labor Standards and maintain supporting doCLImentatlon ® Comply with Section 3 reporting requirements and maintain supporting documentation ® Provide weekly certified payroll throughout construction and rehabilitation ® Comply with Uniform Relocation Act (URA), if applicable ❑ Ensure applicable number of units are Section 504/ADA accessible ❑ 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- to moderate -income persons (LMI). As such, SUBRECIPIENT shall ensure that all activities and beneficiaries meet the definition of- ® LMA — Low/Mod Area Benefit ❑ LMC — LoNv/Mod Clientele Benefit ❑ LMH — Low/Mod Housing Benefit ❑ LMJ — Low/Mod Job Benefit LMA: Must document that 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 for this Agreement. LMC: Must document that at least 51 percent of persons served, are low- to moderate - income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment for this Agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures 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 for 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 frill -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 for this Agreement. COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) CD24-02 First Street Corridor Pedestrian Safety - Construction 11aQe 5 C'q„) Packet Pg. 1843 16.L.1.a C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Insurance Exhibit A - Insurance Certificate Within 30 days of Agreement execution and Annually within thirty (30) days of renewal Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1 Agreement Agreement execution Detailed Project Schedule Project Schedule Within sixty (60) days of Agreement execution Project Plans and Specifications Site Plans and Specifications Prior to procurement Draft Procurement Documents Independent Cost Estimate Within 90 days of Agreement (Bid Packet)* (ICE), Method of Procurement execution (MOP), Bid Advertisement, and Solicitation Packet Subcontractor Log Subcontractor Log Initial[), at construction start, and quarterl y thereafter Quarterly Progress Report Exhibit C Quarterly reports. Annually after closeout. Section 3 Report Certification Forms and Submitted with Quarterly Supporting Documentation Report for period ending 9130 Fair Housing Calls Report Not Applicable Not Applicable Complaint Logs EEO and Incident Log Quarterly; within 10 days following the end of the quarter. Annually after closeout. Leverage Funds Report Exhibit C-I Upon submission of the final pay re nest in Neighborly. Davis -Bacon Act Certified Weekly Certified Payroll Weekly within 7 days following Payroll reports, forms, and supporting issuance of payroll checks or documentation non performing work weeks Annual Audit Monitoring Exhibit E Annually, within 60 days after Report 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 Certification Continued Use Affidavit, if Annually, for five (S) years after applicable Project Closeout Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after construction completion. Annually throughout the continued use period Program Income Reuse Plan Plan Approved by the COUNTY Not Applicable SUBRECIPIENT's Notice to Proceed may be withheld if procurement deliverables are not submitted in a timely manner, as stated in Section 1.2.C, Performance Deliverables, SUBRECIPIENT must submit to the COUNTY for approval, all Change Orders required during the project. Failure to submit Change Orders in a timely manner, may result in delay or withholding of payment, as well as a cease a COLLIER COUNTY ComIMUNITY REDEVELOPMENT AGENCY (Ilv MOKALEE) CD24.02 First Street Corridor Pedestrian Safety - Construction Page G C, Packet Pg. 1844 16.L.1.a Nvork order until all change orders have been reviewed and approved, at which time a new Notice to Proceed will be issued. D. Payment Deliverables Payment Deliverable P� Supporting Documentation Submission Schedule Project Component 1: Project Supporting documents must be provided Payment requests due Component l: Complete the l'irst as backul), as evidenced by SAP withill 30 days of the Street Corridor Pedestrian Safety supporting documentation, proof of prior month end. Construction project including all payment to contractors, AIA, Schedule of labor, design, construction, ValueS, and any other documentation as permitting, materials, freight needed. charges, and all other costs and fees. 10% retainage will be withheld with each request for payment and will be released upon completion of activities and final Closeout mollitorin r. Final 10 percent retainage will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. SUBRECIPIENT'S failure 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 October 1, 2024 and shall end on April 30, 2026, unless M terminated earlier in accordance with provisions of Paragraph 3.8, Defaults, Remedies, and N Termination. Any Funds not obligated by the expiration date of this Agreement shall automatically C revert to the COUNTY. 'I'he County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement, following receipt of SUBRECIPIEN"T's written request submitted at least 30 clays prior to agreement period of performance end date. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT, 1.4 AGREEMI?NT AMOUNT The COUNTY agrees to make available ONE NIILLION ONE THOUSAND "THREE HUNDRED SEVEN`I'Y-ONE DOLLARS AND ZERO CENTS ($1,001,371.00) for use by SUBRECIPIENT during, the terra of the Agreement (hereinafter, shall be referred to as the "Funds"). Modification to the Budget and Scope may only be made if appr'ovcd in advance. Budgeted liund shifts among line items may be approved administratively by CHS for up to 10 percent (10%) of the total funding agreement and sliall not signify a change in scope. Fund shifts that exceed 10 percent (10%) shall require formal amendment and approval by the Board of County Commissioners (Board). a COLE,IER COUNTY COMNIUNi1TY RULA VELOPME:NT AGENCY (ININ10KALEE) CD24-D2 First Street Corridor Pedestrian SareLy - Construction Page 7 ,. Packet Pg. 1845 16.L.1.a The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion or partial completiotu of the work tasks, as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of CDBG Funds until needed for eligible costs; and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every month. If no work has been performed during the month, or if SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to 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. COUNTY will pay SUBRECIPIENT Funds available under this Agreement based out information submitted by SUBRECIPIENT and consistent with an approved budget and COUNTY policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by SUBRECIPIENT, not to exceed actual cash requirements. Payments will be adjusted by CHS in accordance with advance Fund and program income balances available in SUBRECIPIENT accounts. In addition, COUNTY reserves the right to liquidate Funds available under this Agreement for costs incurred by COUNTY on behalf of SUBRECIPIENT. CHS may withhold any payment request until approved by CI -IS for grant compliance and m adherence to any and all applicable Local, State, or Federal requirements, including timely v submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables or evidence of project inactivity may cause payment suspension of any open pay w requests until the required deliverables are received or substantial pro'ect progression occurs, as determined by CHS. Except where disputed for noncompliance, payment will be made c upon receipt of a properly completed invoice, and to compliance with sections 218,70-2I8,80, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the terns 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. 1.5 RIGHT OF FIRST REFUSAL For property acquisition agreements, if SUBRECIPIENT offers the Property for sale before the end of the Continued Use Period, SUBRECIPIENT must allow a 90-day right of first refusal (ROFR) period to experienced non-profit organizations, reasonably approved by the COUNTY, for purchase of the Property at the then current market value or any other offer considered, in the sole determination of the COUNTY to be reasonable, for continued occupancy by eligible persons. The 90-day right of first refusal period begins when a legal advertisement appears in a local newspaper of general circulation, or other method authorized by statute or regulation, offering the Property for sale to non-profit organizations. a COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IjMMOKALH) CD24.02 First Street Corridor Pedestrian Safely - Construction Packet Pg. 1846 16.L.1.a 1.6 LEVERAGE FUNDS Leverage funds must be identified, tracked, and verifiable in the SUBRECIPIENT's records. Resources must be fully identified and described in the Agreement and the approved budget submitted with the application. Resources must also meet the following criteria to be allowable as leverage; a. Expenditures of leveraged funds or resources are permitted only for eligible activities and allowable costs under the cost principles specified by tite OMB Circulars referenced in this Agreement. Expenditures must be necessary and reasonable for proper and efficient accomplishment of project or program objectives. b, Leverage resot.trces committed on one project may not be used as leverage for any other project or program. c. Leverage resources must represent newly created resources covering expenditures that would not be incurred if the award were not made. d. Leverage resources may not be Federal funds under a different award, except where Federal statute allows their use for cost sharing (such as the Cottununity Development Block Grant program). e. Third -party cash or in -kind contributions offered as leverage require a commitment letter on company letterhead signed by the individual who is in a position to commit the in -kind contribution. The contribution is only allowable if not utilized towards matching dollars. 1.7 COST PRINCIPLES M Payments to SUBRECIPIENT are governed by the Federal grant management rules for cost N allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section = (Section 1.7-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR ° 200,93. Accordingly, payments will be made on a cost reimbursement basis. Each request for L reimbursement shall identify the associated project and approved project task(s) listed under the Part I - Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed v specifically to the project referenced the Scope of Work, as defined in 2 CFR 200.413. in SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to L 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 E Im Subrecipients and Contractors shall comply with 2 CFR 200 Subpart E-Cost Principles. a SUBRECIPIENTmay not be subject to 2 CFR 200 Subpart E; however, the COUNTY is and may D impose requirements upon SUBRECIPIENT so that the COUNTY can remain compliant with its obligation to follow 2 CFR 200 Subpart E. SUBRECIPIENT will use adequate internal controls L and maintain necessary source documentation for all costs incurred, and adhere to any other accounting requirements included in this Agreement. N 1.8 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), t commercial courier, personal delivery, or sent by facsimile or other electronic means. Either party a COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) CD24-02 First Street Corridor Pedesirian Safety - Constniction Page 9 Packet Pg. 1847 16.L.1.a may change the address to which notices are to be sent to it by giving written notice of such change to the other party in the manner herein provided for giving notice. Any notice, request, instruction, or other document delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Zuleyka Garay, Grant Coordinator I Collier County Government Community and Human Services Division 3339 Tamiami Trail East, Suite 213 Naples, Florida 34112 Email: Zuleyka.Garay(i,collier'coutityfl.gov Telephone. (239) 252-2590 SUBRECIPIENT ATTENTION: John Dunnuek, III, Director Collier County Community Redevelopment Agency 750 South 5'h Street, Suite C Immokalee, Florida 34142 Email: John.DunnuckQcolliercountyfl.gov Telphone: (239) 252-8846 ATTENTION: Christie Betancourt, Program Manager co Collier County Community Redevelopment Agency (Immokalee) t, 750 South 5`r' Street, Suite C v Immokalee, Florida 34142 Email: Christie.Bet_ancourt@collierc_oun!yfl.gov e� Telephone: (239) 285-7647 N Remainder of Page Intentionally Left Blank COLLIER COUNTY COMMUNITY Rr-DEVL:LOPi41 N4' AGLNCI' (IMi4pKALEE) CD24-02 First street Corridor Pedestrian Safety - Constriction Page 10 Packet Pg. 1848 16.L.1.a PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit E) no later than 60 days after SUBRECIPIENT'S fiscal year end, In addition, SUBRECIPIENT shall submit to the COUNTY a financial and compliance Single Audit report, Management Letter, and supporting documentation nine (9) months (or audited financial statements, one hundred eighty (180) days for Subrecipients exempt fl'om Single Audit) after the SUBRECIPIENT'S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the report. SUBRECIPIENT's 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 agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501 Federal Award amorurts expended shall be determined in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION ti as N SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to determine compliance with the requirements of this Agreement, the CDBG Program, and all other applicable laws and regulations. This documentation shall include but is not limited to, the following; A. All records required by CDBG regulations. B. Public records that ordinarily and necessarily would be required by the COUNTY to perform the service. C, SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request, all reports, plans, surveys, information, (1ocuments, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. 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 a COLLIER COUNTY COMMUNITY REDEVELOPML'N`T AGENC)' (IMMOKALEE) C D24.02 First Street Corridor Pedestrim Safety - Construction Page I I Packet Pg. 1849 16.L.1.a expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement, 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 sliall keep all documents and records in an orderly fashion, and in a readily accessible, permanent, and secured location for three (3) years after the date of COUNTY'S submission of the final perforniancc and evaluation report to HUD, as prescribed in 2 CFR 200.334, 24 CFR 570.490 and 24 CFR 570.502(a)(7)(ii). However, if any litigation, claim, or audit is started before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim, or audit findings Involving these records are resolved. If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it shall notify the COUNTY in writing, of the address where the records will be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall inect all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in SUBRECIPIENT'S possession upon termination of the Agreement, and destroy any duplicate, exempt, or confidential public records that are free 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 0 APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO M SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT c THE CUSTODIAN OF PUBLIC RECORDS AT 239--252-2679, L Micliael.Bi-ownlee(i-i,)colliercouiityfl.gov, 3299 Tamiami Trail East, Naples, FL 34112. c°� E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of 1931, as amended, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law, Similarly, SUBRECIPIENT shall maintain records showing compliance with Federal purchasing requirements and other Federal requirements for grant implementation. R SUBRECIPIENT is 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 SUBRECIPIENT'S compliance. a COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IA4MOKALEE) CD24-02 First Street Corridor Pedestrian Safety - Construction Page 12 Packet Pg. 1850 16.L.1.a G. SUBRECIPIENT shall establish a system to log all Fair Housing calls, The system must track the nature of the calls; actions taken in response to the calls; results of the actions taken; and, if the caller was referred to another agency, the results obtained by the referral agency. SUBRECIPIENT must submit this call log to CHS quarterly, no later than 10 calendar days after the end of each quarter. H. SUBRECIPIENT shall document how it complied with the National Objective(s), as defined in 24 CFR 570.208, and the eligibility requirement(s) under which ftlnding was received. This includes special requirements, such as necessary and appropriate determinations as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable. I. 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 free from public records disclosure requirements are not disclosed, except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2.3 MONITORING SUBRECIPIENT agrees that CHS may carry out no fewer than one (1) annual on -site monitoring o visit and evaluation of project activities, as determined necessary, until the Continued Use Period v expires. At the COUNTY's discretion, a desktop review may be conducted in lieu of an on -site m visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request m by CHS, SUBRECIPIENT shall submit information and status reports required by CHS or HUD, _ to enable CHS to evaluate said progress and allow for completion of CHS's required reports. 2 SUBRECIPIENT shall allow on -site monitoring by CHS or HUD. Such site visits may be L scheduled or unscheduled, as determined by CHS or HUD. _ 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. COUNTY will monitor SUBRECIPIENT'S performance in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards as stated with all other applicable laws, regulations, and policies governing the Funds provided under this Agreement, further defined by 2 CFR 200.332. Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement. If SUBRECIPIENT does not take corrective action 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 of Inspector General, the General Accounting Office, the COUNTY, and/or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. a COLLIER COUNTY COA4MUNITY REDEVELOPMENT AGENCY (13MMOKALEE) CD24-02 First Street Corridor Pedestrian Safety - Construction Page I C Packet Pg. 1851 16.L.1.a 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal control systems and procedures necessary to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and provide proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT'S internal control systems and all transactions and other significant events shall be clearly documented, and the documentation sliall be readily available for monitoring by the 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 this Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts 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 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 m performance under this Agreement. Penalties may be imposed for failure to implement or make v acceptable progress on such corrective action plans. M ti To effectively enforce COUNTY Resolution No. 20I3-228, CHS has adopted an escalation policy N to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds c from CHS. The escalation policy for noncompliance is as follows: Initial noncompliance may result in the COUNTY issuing Findings or Concerns to SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 10 business days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted and accepted. • 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 corrective action plan to CHS in a timely manner, CHS may require SUBRECIPIENT to return a portion of the awarded grant Funds to the COUNTY. • CHS may require SUBRECIPIENT to return upwards of 5 percent of the award amount to the COUNTY, at the discretion of the Board. a COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) Cb24-02 First Street Corridor Pedestrian Safety - Construction Page 14 - Packet Pg. 1852 16.L.1.a • SUBRECIPIENT may be denied fixture consideration, as set forth in Resolution No. 2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by certified mail, CHS may require SUBRECIPIENT to return to the COUNTY a portion of the awarded grant amount, or the amount of the CDBG investment for acquisition of the properties conveyed. • CHS may require SUBRECIPIENT to return upwards of 10 percent of the award amount to the COUNTY, at the discretion of the Board. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend termination of the Agreement or award. + 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. M • SUBRECIPIENT will be considered in violation of RCSOItttioti No. 2013-228. CD 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 reports 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. Reports showinf4 lack of proiect activity may result in the wit_hholdinp, of payment or issuance of a Notice of Non - Compliance. R During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the IOth day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, 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, the reporting form to be used in fulfillment of this requirement. Additionally, all leveraged funds utilized in support of this project will be submitted a COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IAr MOKALEE) CD24-02 First Street Corridor Pedestrian Safety - Constmetion Page: 15 C Packet Pg. 1853 16.L.1.a on Exhibit C-1 as part of the final report. Other reporting requirements may be required by the County Manager or designee if the Program changes, the need for additional information or documentation arises, or if legislative amendments are enacted. Reports and requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Remainder of Page Intentionally Left Blank Q COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) CD24-02 First Street Corridor Pedestrian Safety - Construction Page IG ell Packet Pg. 1854 16.L.1.a PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned 01' subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. SUBRECIPIENT shall cause all provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 3.2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with the requirements of "Title 24 of the Code of Federal c m Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerttittg E a� Community Development Block Grants), including subpart K of these regulations, except that (1) ;v SUBRECIPIENT sloes not assume the COUNTY'S environmental responsibilities described in 24 Q CFR 570,604; (2) SUBRECIPIENT does not assume the COUNTY'S responsibility for initiating as the review p€'ocess under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to Q- L) Follow the Federal proctu-ement process; and (4) for Developers, revetute generated is not L considered program income. The CDBG program was funded through the Housing and Community CO) Development Act of 1974. SUBRECIPIENT agrees to comply with all other applicable laws, 0 regulations, and policies governing the Funds provided Under this Agreement. SUBRECIPIENT o v further agrees to utilize Funds available tinder this Agreement to sUpplement rather than supplant funds otherwise available. a) N SUBRECIPIENT is prohibited from Using Funds provided herein, or personnel employed in the c administration of the program, for political activities, inherently religious activities, lobbying, political patronage, and/or nepotism activities. L 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties, 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. The COUNTY or SUBRECIPIENT may amend this Agreement at any time, provided that such amendments ]hake specific reference to this Agreement, are execttted in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY'S Board. Such COLLIER COUNTYCOMMUNITY REDEVELOPMENT AGENCY (1M MOKALEE) Q CD24-02 first Street Corridor Pedestrian Safety - Construction Page 17 Packet Pg. 1855 ,_, 16.L.1.a amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or 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 finding amounts, or other reasons. If such amendmetits result in a change in the funding, scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties 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 the CDBG Funds pertaining to this Agreement. In the E event of curtailment or non -production of said Federal Funds, or the reduction of HUD Funds to ;?' the COUNTY to a level that the County Manager determines to be insufficient to adequately a administer the project, the financial resources necessary to continue to pay SUBRECIPIENT all or any portion of the Funds will not be available. In either event, the COUNTY may terminate this •2 Agreement, which shall be effective as of the date it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the Funds are no longer available. In tlue co event of such termination, SUBRECIPIENT agrees that it will not look to, nor seek to hold the m COUNTY, nor any individual member of the County Commissioners and/or County v Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. as N 3.6 INDEMNIFICATION c To the maximum extent permitted by Florida law, 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 SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, gulests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or redulce any other rights or remedies, which otherwise inay be available to all indemnified patty or person described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith, shall defend all suits in the name of the COUNTY, and shall pay all costs (including attorney's fees) and judgments which may issue there -on. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of the COUNTY, The foregoing indemnification shall not constitute a waiver of sovereign imlruunity beyond the limits set forth in section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. a COLLIER COUNTY COMIMUNITY REDEVELOPNIENT AGENCY (INIMOKALEE) CD24-02 First Street Corridor Pedestrian Safety - Constniction Page 1$ Packet Pg. 1856 16.L.1.a 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 or digitally prepared and released by SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT, This design concept is intended to disseminate key information to the general public regarding the development team and Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. If this Agreement results in any copyrightable material or inventions, CHS and/or the COUNTY reserve the right to royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use; and authorize others to use the work or materials for governmental purposes. 3.s 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 forth the reasons for such M termination, the effective date, and in the case of partial terminations, the portion to be terminated. N 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 c 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 11 (A): A. Failure to comply with any of the rules, regulations, or provisions referred to herein; or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time. B, Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper Manner. C. Ineffective or improper use of Funds provided under this Agreement. D. Submission of reports that are incorrect or incomplete in any material respect. E. Submission of any false certification. F. Failure to materially comply with any terms of this Agreement. COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) Q C D24.02 First Street Corridor Pedestrim Safety - Construction Page 19 Packet Pg. 1857 16.L.1.a G. Failure to materially comply with the terms of any other agreement between the COUNTY and SUBRECIPIENT relating to the project. 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 CFIZ 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, if applicable. 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 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 certifies that neither it nor its principals are presently debarred, suspended, M ti proposed for debarment, declared ineligible, or voluntarily excluded frorn participation in this N transaction by a Federal Department or agency. In addition, SUBRECIPIENT shall not knowingly = enter into any lower tier contract, or other covered transaction, with a suspended or debarred ° contractor or vendor, as outlined in Executive Orders 12549 (1986) and 12689 (1989), Suspension L and Debarment, and 2 CPR 200.214, as further detailed in Section 4.18. 3.10 REVERSION OF ASSETS Upon Agreement termination, in addition to any and all other remedies available to the COUNTY (whether under this Agreement, at law, or in equity), SUBRECIPIENT shall, at the time of termination (or expiration), immediately transfer to the COUNTY any property on hand 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). All program assets (unexpended prograin income, propert),, equipment, etc.) shall revert to CHS upon termination of this Agreement. a COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) CD24-02 First Street Corridor Pedestrian Safety - Construction Page 20 Packet Pg. 1858 16.L.1.a 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 Scope of Work (Part I), Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and Federal Regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to fallow Federal Procurement standards (2 CFR 200.317 through 200.327) and Collier County's Procurement Ordinance 42017-08, as amended. Current COUNTY purchasing thresholds are: Range: Competition Required $0 - $50,000 3 Written Quotes $50,001+ Formal Solicitation ITB, RFP, etc. M ti All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT F., employees, or put out to competitive bidding, under a procedure acceptable to the COUNTY and = Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. SUBRECIPIENT shall manage and CHS shall monitor contract administration. L CHS shall have access to all records and documents related to the Project. _ In accordance with 24 CFR parts 570.202(b)(3) & 570.202(b)(4), to the greatest extent practicable, SUBRECIPIENT shall procure products, similar to Energy Star and Water Sense products and appliances, that increase the effective use of energy and water in structures. 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, SUBRECIPIENT must comply with the requirements of the Build America, Buy America (BABA) Act, P.L. 1 17-58 and 41 USC Chapter 83-Buy American, and all applicable rules and notices, as may be amended, if applicable to the SUBRECIPIENT's infrastructure project. Puu•suant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of the HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. https://tiscodc.liouse.gov/view.xhttiil?patli=/pi-elitii@titic4 l /subtitle4/chapte1-83&edition=prelim a COLLIER COUNTY CONINtUNITY REDEVELOPMENT AGENCY (INIMOKALEE) CD24.02 First Street Corridor Pedestrian Safety - Construction Page 21 Packet Pg. 1859 16.L.1.a 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived from the use of CDBG Funds disbursed under this Agreement, SUBRECIPIENT shall utilitze such Program Income only for CDBG-eligible activities approved by the COUNTY. Any Program Income (as such term is defined under 24 CFR 570.500(a) gained from any SUBRECIPIENT activity funded by CDBG Funds shall be reported to the COUNTY through an annual Program Income Reuse Plan, utilized by the SUBRECIPIENT accordingly, and shall comply with 2 CFR 200.307, 24 CFR parts 570.489, 570.500, and 570.504 in the operation 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, E or otherwise improved with CDBG Funds are subject to this requirement. This includes parks, 2- libraries, community centers, and any other facility for which public use is the primary purpose. L For these facilities, Program Income is the income generated by the use ofthe facility, less operating co costs associated with generating the income. The COUNTY considers utilities, property insurance, and facility maintenance to be operating costs that should be subtracted from revenue to determine o net Program Income. For each Funded project, SUBRECIPIENT must submit a list of proposed v costs incidental to the generation of Program Income for the COUNTY'S approval. as N Additionally, during the continued use period, as referenced in Section 3.16 (Grant Closeout Procedures) of this Agreement, real property under the SUBRECIPiENT'S control that was C acquired or improved in whole or in part with CDBG Funds shall be used to meet one of the CDBG 3 L National Objectives, pursuant to 24 CFR 570.208. If SUBRECIPIENTsells, transfers, disposes of, u or otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a v CDBG National Objective, SUBRECIPIENT shall pay the COUNTY an atttount equal to a W 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. SUBRECIPIENT may close out the project with the COUNTY after the five (5) year continued use period has been met. The continued use period shall commence following the SUBRECIPIENT meeting the National Objective, the recording of lien and/or deed restriction documentation, if applicable, and the closeout of the project within HUD's Integrated Data E Information System (IDIS). 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, a COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) C D24-02 First Street Corridor Pedestrian Safety - Construction Page 22 Packet Pg. 1860 16.L.1.a equipment, Program Income balances, and receivable accounts to the COUNTY); and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that SUBRECIPIENT has control over CDBG Funds, including Program Income. In addition to the records retention outlined in section 2.2 (Records and Documentation) of this Agreement, SUBRECIPIENT shall comply with section 1 19.021, Florida Statutes, regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. SUBRECIPIENT must return to the COUNTY any balance of unobligated Funds that have been advanced or paid, and any Funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement. SUBRECIPIENT shall also produce records and information complying with section 215.97, Florida Statutes, the 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 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 seq.. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower -income residents of the project areas shall be given v opportunities for training and employment. Also, to the greatest extent feasible, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be ti awarded contracts in connection with the project. SUBRECIPIENT shall comply with Section 3 of N the Housing and Community Development Act of 1968. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "shall 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 controlled by minority group members or women. For the purpose of this definition, "minority group members" are Black Americans, Hispanic Americans, Asian/PacificAmericans, Native Americans, and Hasidic Jeers. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and women's business enterprises, in lieu of an independent investigation. COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMNIOKALEE) CD24-42 First Street Corridor Pedestrian Safety - Construction Page 23 Packet Pg. 1861 16.L.1.a 3.18 PROGRAM BENEFICIARIES If the Agreement is meeting a National Objective through an LNII strategy, at least 51 percent of the beneficiaries of a project funded through this Agreement trust 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. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries COurttywlde, more than 30 percent of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit C of this Agreement. 3.19 AFFIRMATIVE ACTION SUBRECIPIENT agrees that it is committed to carrying 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. Prior to the award of Funds, SUBRECIPIENT shall submit to the COUNTY for approval a plan for its Affirmative Action Program, if federal thresholds are met. The Affirmative Action Program must be updated throughout the continued use period and submitted to the COUNTY within 60 days of any update/modification. SUBRECIPIENT's contracting officer will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or worker's representative of SUBRECIPIENT's commitments hereunder, and shall post copies of the notice in conspicuous places available to all employees and applicants for employment. 3.20 CONFLICT OF INTEREST 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 to any manner or degree with the performance of this Agreement; and that SUBRECIPIENT shall not employ or subcontract with any person having any conflict of interest. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval, prior to entering into any contract with an entity owned in whole or in part by a covered person, or an entity owned or controlled in whole or in part by SUBRECIPIENT. The COUNTY may review the COLLIER COUNTY CONIMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) CD24-02 First Street Corridor Pedestrimi Safety - Construction Pig 24 Packet Pg. 1862 16.L.1.a proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT'S ability to self -manage the projects using its own employees. SUBRECIPIENT sliall establish Conflict of interest reporting requirements for its board members and staff to report their participation as a beneficiary in the program supported by this Agreement. Such reporting shall also incorporate reporting the participation of their family members who include a spouse or civil union partner, member of the same household, parent (including step- and in-law) grandparent (including step- and in-law), child (including step-) or grandchild (including step-), sibling (including step- and in-law), cousin, aunt, or uncle. Any possible conflict of interest on the part of 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 statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate -income residents of the project target area. 3.21. BYRD ANTI -LOBBYING AMENDMENT The COUNTY, SUBRECIPIENT, and their contractors certify that they will not, and have not, used Federally appropriated FLInds to pay any person or organization for influencing or attempting CO) to influence the award of Federal Funds, as covered by 31 USC 1352, and more fully described in m 0 Section 4.54 of this Agreement. Contractors who apply or bid for an award of $100,000 or more �? shall file the required certification. ti CD 3.22 CONDITIONS FOR RELIGIOUS ORGANIZATIONS 'N _ 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 570.200(i). SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment and will not limit employment or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services 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. It shall not use Funds for the acquisition, construction, or rehabilitation of structures to the E 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 a COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) CD24-02 First Street Corridor Pedestrian Safety - Construction Page 25 C A n Packet Pg. 1863 16.L.1.a 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 this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3.23 INCIDENT REPORTING If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPENT and any subcontractors shall report knowledge or reasonable suspicion of abase, neglect, or exploitation of a child, aged person, or disabled person to the COUNTY. During the term of this Agreement, SUBRECIPIENT must report to the COUNTY in writing, within one business day of occurrence, any substantial, controversial, or newsworthy incidents. The Collier County Standard Sitbrecipient Incident Report Form shall be used to report all such incidents. 3.24 SEVERABILITY Should any provision of this Agreement be determined unenforceable or invalid, such determination shall not affect the validity or enforceability of any other section or part thereof. 3.25 MISCELLANEOUS M ti SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, �°'., and assigns of such other party in respect to all covenants of this Agreement. _ 0 SUBRECIPIENT represents and warrants that the financial data, reports, and other information it 3 furnished to the COUNTY regarding the Project are accurate and complete, and financial N disclosures fairly represent the financial position of SUBRECIPIENT, c c) SUBRECIPIENT understands that client information collected under this Agreement is private and CO) the use or disclosure of such information, when not directly connected with the administration of L the COUNTY'S or SUBRECIPIENT's responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, E in case of a minor, that of a responsible parent/guardian. a m SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement Q. and its governing body has authorized the execution and acceptance of this Agreement. 0 SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and CD bind SUBRECIPIENT to the terms of this Agreement. N N The section headings and subheadings contained in this Agreement are included for convenience 9 only and shall not limit or otherwise affect the terms of this Agreement. N m The Grant Documents shall be construed in accordance with and governed by the laws of the State E of Florida, without giving effect to its provisions regarding choice of laws. 2 a COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMNIOKALEE) CD24-02 First Street Corridor Pedestrim Safety - Construction Png 26 Packet Pg. 1864 16.L.1.a All activities authorized by this Agreement shall be subject to and performed 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 COUNTY. Electronic Signatures. 'Phis 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. 3.26 WAIVER The COUNTY'S failure to act with respect to a breach by SUBRECIPIENT does not waive its right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or enforce any right or provision shall not constitute a Nvaiver of such right or provision. Remainder, of Page Intentionally Left Blank M ti 0) F4 Q COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (INIMOKALEE) CD2d-02 First Street Corridor Pedestrian: Safety - Construction Page 27 Ca Packet Pg. 1865 16.L.1.a PA R`I' I V GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDI3G program htti)s://Nvww.ecfr.-ov/cti4i-biti/text-idx?tpl /ecfrbroNvse/`l'itle24/24ef -570_main 02.tn1 4.2 24 CFR 58 - The regtlatiatrs prescribing the Environmental Review procedutre. Irttl�s:l/www,ecfr.t.,oylcgi-binitext- idx?SID=lacdb92f3b05c3f285dd76c26d14f54e&ma=trtre4Cnade=pt24.1.58&�g�r dies Resource Conservation and Recovery Act (RCRA). Under I�CIZA codified at 42 USC 6962, state and local institutions of higher education, hospitals, acid non-profit organ izatioils that receive direct Federal awards or other Federal Funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to the EPA guidelines. Sutnnrary of the Resource Conservation and Recovery Act I US EPA 4.3 Hatch Act: The SUBUCIPIENT shall comply with the Hatch Act, 5 USC 1501-1508 and shall ensure that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 Title V of the USC Federal Retrister : Political Activity -State or Local Officers or Emmlovees: Federal Et33ployees Residita its Desigt>ateci I_,ocalities; Federal Employees 4.4 Section 104(d) and Section 109 of Title I of the Housing and Community Development Act of o 1974 as amended Section 109 of the HCD Act of 1974 [ HUD.gov / U.S. Dcpar•tnrent of Housing v and Urban Development (I IUD) M Section 104(d) of the Housing and Conimunit 1 Development Act of 1974, as amended (see 42 USC N 5304(d))—HUD Exchange 4.5 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair 1-10ursing Act. lrttps://�vwty.httci,goy/pia �rattt_offices/fair Dousing equal opp/reasonable accommodations and modifications httpsal«ww.j ustice.gov/cut/fair-housing-act- [ Executive Order 11063 — Equal Opportunity in 1-10using lrttps;//www.archives.gov/federal- t'e€.=,ister/codification/executive-order-/I 1063.1itrnl Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs littt)s:/h\iv�v.arcii ives.troN,/federal-j'c Listet-/codification/executive-order/ 12259.litm l 24 CFR Part 107 - Non- Discrimination and I�,qual Opportunity ill 1-101Ising under E.0 hops:/hv�v�v.law.cal'l�ell.edu/cfrltext/24/part t�107 4.6 'Title VI of the Civil Rights Act of 1964 as amended, Title VHi of the Civil Rights Act of 1968, as amended llttps://wNvw.11ud.gov/pt•ogratndesci,iptioii/title6 4.7 This Agreement is subject to 24 CFR 570.601 and 570,602. Ili regard to the sale, lease, or other E transfer of land acquired, cleared, or improved with assistance provided under this Agreement, SUBRECIPIENT shall cause or require a covenant running \vith the land to be inserted in the deed Q COLLIER COUNTY COMMUNf"I')' REDL'VELOPr,4E-N'r ACiENC)' (IMA40KAI.El-) CD24-02 First street Corridor Pedestrian Safety - Constriction Page 28 Packet Pg. 1866 16.L.1.a or lease of such transfer, prohibiting discrimination herein as defined, in the sale, lease, or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the COUNTY and the United States are beneficiaries of and entitled to enforce such covenants. SUBRECIPIENT, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4.8 Title IX of the Education Amendments of 1972, as amended, 20 USC 1681, which prohibits discrimination on the basis of sex in educational programs Title IX Of The Education Amendments Of 1972 (4ustiCC.&0V) 4.9 The Temporary Assistance for Needy Families Program (TANF) 45 CFR Parts 260-265, the Social Services Block Grant 42 ISC 1397d and other applicable federal regulations and policies promulgated thereunder. Temporary Assistance for Needy Families I Benetits.gov eCFR: 45 CFR Part 260 -- General Temporary Assistance for Needy Families TANF Provisions The Pro -Children Act: Contractor agrees to comply with the Pro -Children Act of 1994, 20 USC 6083. htt )s://www. Qviiifo. ov/coiiteiit/ )k USCODE-2011-title20/html/USCODE-2011-title20- chap68-subchapX.httn 4.10 Public Announcements and Advertising: When issuing statements, press releases, requests for v proposals, bid solicitations, and other documents describing projects of programs Funded in whole or in part with Federal money, SUBRECIPIENT sliall clearly state (1) the percentage of the total ti costs of the program or project which will be financed with Federal money, (2) the dollar amount N of Federal funds for the project or program, and (3) percentage and dollar amount of the total costs c of the project or program that will be financed by nongovernmental sources. 4.11 Pttl•Chase of American -Made Equipment and Products: SUBRECIPIENT assures that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement will be American -made. 4.12 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. htt )s:HwwNv. o. ovlfds ys/ )k /CFR-2007-title24-vol3/ df/CFR-2007-title24-vo13-sec570- 602.1)df 4.13 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https:/h«vw.dol.gov/ageticies/ofeep/executive-order- 11246/as-amended EO 11375 and 12086: see item #8 below 4.14 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. SUBRECIPIENT will, in all solicitations or advertisements for a COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) CD24-02 First Street Corridor Pedestrian Safety - Construction Page 29 Packet Pg. 1867 16.L.1.a employces placed by or on behalf of SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. Title VI1 of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Comill ission eeoc. ov 4.15 24 CFR 75 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 75, 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. SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the fallowing language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing 0 direct Federal financial assistance front HUD and is subject to the requirements of Section 3 of the m Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires, v to the greatest extent feasible, opportunities for training and employment be given to low- and very m 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." ° Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers and 5 percent of the total labor- hours must be worked by Taracted Section 3 workers. If SUBRECIPIENT is unable to meet these benclimarles, efforts taken to meet the requirements must be described. Examples include holding_job fairs, conducting on-the-iob training, outreach efforts to public housing residents, and connecting_ residents to supportive services. SUBRECIPIENT Further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitations (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 Nvork 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 eCO110111re opportunities for low- and very low-income persons residing within the a COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (Ilv MOKALEE) CD24-02 First Street Corridor Pedestrian Safety - Constnrction Pagc 30 Packet Pg. 1868 16.L.1.a 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 I -IUD programs. https:/Irvww.Iltid.goN,/sites/documents/DOC 12047.PDF https://�%,\v%s,.ecfi•.gov/current/title-24/subtitle-A/part-75 litt s://www. ovinfo. ov/content/ )k FR-2020-09-29/ df/2020-19185. xlf SUB RECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.ccfi•.gov/ctirretit/title-24/subtitle-Apart-75 4.16 SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior written consent of the COUNTY thereto; provided, however, that claims for money due or to become due to SUBRECIPIENT from CHS under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to CHS. 4.17 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended L by Executive Orders 11375, 11478, 12107, and 12086. co Age Discrimination Act of 1975 m https://NNF%V1V. ovg info.gov/content/pkg/USCODE-1996-title42/pdf/USCODE-I996-titic42- v chap76.pdi 11246:littps:/hvww.dol, ovg /ofeep/reps/statutes/coI1246.htm CD 1 1375: Amended by EO 11478 N 11478: littps:/hvww.archives.,gov/federal-register/codificatioti/executive-order/ 11478.htm l c 0 12107: littps:Hxvww.at-ciiives.gov/federal-register/codification/executive-order/I2107.ht mI W 12086: https://wu v.arcliives.gov/federal-register/codification/executive-order/12086.litml 4.18 Contract Work Hours and Safety Standards Act, 40 USC 327-332. littps:Hwcvw.dol.gov/whd/regs/statutes/safeO I .pdf 4.19 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: https://w�iiv.lmtd.izoN,/sites/df les/docutmerits/504compliaiicc.pdf 29 USC 776: https://www. ov�gov/content/pkg/USCODE-2010-title29/html/U_SCODE-2010- title29-chap 16.lrtin 24 CFR 570.614: https://w1VNV.ecf-.gov/ctn-retit/title-24/subtitle-B/chapter-V/subchapter-C/part- 570/subpart-K?toc= I 4.20 The Americans with Disabilities Act of 1990: littps://wNv%N,.htig.gov/pi-op,i-atii offices/fair@housi11g, Aqua[ tal_opp Americans with Disabilities Act of 1990, As Amended I ADA. og_v a COLLIER COUN"rY Cov MUNITY REDEVELOPMENT AGENCY (IMMOKALEE) CD24-02 First Street Corridor Pedestrian Safety - Construction Page 31 Packet Pg. 1869 16.L.1.a 4.21 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. htt s:/hvww.federaIre ister. =ov/dOCLill)etits/2024/05/03/2024-08736/uniforn3-i-elocatioti- assistance-and-real-property-acquisition-for-federal-and-federally-assisted 4.22 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. i-IUD Form 4010 must be included in all construction contracts funded by CDBG. Davis -Bacon Act: 40 USC 276a to 40 USC 276a-5 -lrttps://www.govinfo.gov/content/pkg/USCODE-200 I-title40/pdf/US_ CODE-2001-title40-chap3- sec276a.pdf 29 CFR Part 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:/h«v�v.eefr.gov/cut-retit/title-29/subtitle-A/part-3 29 CFR Part 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) hops://rvww.ecf-.gov/current/title-29/subtitle-A/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https:lhvww.presidency.ucsb.eduhvs/index.php?pid=23675 4.23 As a supplement to the Davis -Bacon Act requirements, the SUBRECIPIENT agrees to comply with ti the "Copeland Anti -Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or N subcontractors from inducing an employce to relinquish any part of his/her compensation, under c the federally -funded contract. 18 U.S.C. 874 https://��,�vw.acgtiisitioii.yov/fai-/22.403-2 40 U.S.C. 276c: https://uscode.house. goy/view.xlitml?req=gratill lei d:USC- 1999-title40- c section276c&num=0&edition-1999 L? 4.24 Executive Order l 1625 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.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https:/hvww.archives.gov/federal-i-egistei-/codifcatioti/exccutive-order/1 1625.Ittm i 4.25 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act (I-ICDA) are still applicable. 24 CFR 570.607: COLLIER COUNTY COMiMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) CD24.02 First Street Corridor Pedestrian Safety - Construction Page 32 Packet Pg. 1870 16.L.1.a littps://tihvw.eef -.y,ov/cgi-bin/text- idx?SID=9eae3f8eaa991f041If383b74003bcb I&mc=true&node= t24.3,570&r n=div5#se24.3.5 70�1607 E.O. 13279: htt s://NvNNiv. ovinfo. ov/content/ k WCPD-2002-12-16/ dffWCPD-2002-12-16- Pg2156.pdf 4.26 Public Law 100-430 - the Pair Housing Amendments Act of 1988. STATUTE- 102-Pg1619.0f( ov�fo.gov) 4.27 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https;//www.ecfr.gov/curreiit/title-2/subtitle-A/chapter-I Ilpart-200 4.28 2 CFR 200.216 — Prohibition on certain 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. https://wNN,Nv,ecfr.gov/c€u•rent/title-2/subtitle-A/cliaptei--i I/part-200/subpart-C 4.29 Immigration Reform and Control Act of 1986 S.1200 - 99th Congress (1985-1986): Immigration Reform and Control Act of 19W Con rg ess.gov I Library of Congress 4.30 Proof of Lawful Presence. SUBRECIPIENT acknowledges that the COUNTY's funds are a "public benefit." As such, the SUBRECIPIENT shall ensure compliance by performing the required verifications. Specifically, when required the SUBRECIPIENT shall ensure that: a. if the public benefit provided by the funds flows directly to a natural person (i.e., not a corporation, partnership, or other legally created entity) 18 years of age or older, he/she trust do the following: (i) complete an affidavit stating he/she is an alien lawfully present in the United States; or (ii) attach a photocopy of the front and back of one of the following forms of identification: a valid Florida driver's license or Florida identification card; a United States military card or military dependent's identification card; a United States Coast Guard Merchant Mariner identification card; or a Native American tribal document. If an individual applying for the benefits identified herein executes the affidavit stating that he/she is an alien lawfully present in the United States, SUBRECIPIENT shall verify his/her lawful presence through the federal systematic alien verification or entitlement program, known as the "SAVE Program," operated by the U.S. Department of Homeland Security or a successor program designated by said department. In the event SUBRECIPIENT determines through such COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (1MMOKALEE) CD24-02 First Street Corridor Pedestrim Safety - Construction Page 33 C Packet Pg. 1871 16.L.1.a verification process that the individual is not an alien lawfully present in the United States, the SUBRECIPIENT shall not provide benefits to such individual with the COUNTY's funds. 4.31 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. littps://NN,NvNv.�,,ovinfo.gov/coiitent/pkg/USCODE- 201 0-titIc42/html/USCODE-20 I 0-title42-chap85.htm b. Federal Water Pollution Control Act, Title 33 Chapter 26 1251, et seq., as amended. https://www.govi nfo.gov/apP/details/USCODE-2011-title33/USCODE-2011-title33- chap26-subchapl-sec1251 4.32 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart 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/or reduce the cost of said flood insurance. 42 USC 4002: www.govinfo.go /a > >/details/USCODE-2010-title42/USCODE-2010-title42- chap50-sec4002 24 CFR 570.605 Subparl K htt s://www.ecfr. ov/ctn•rent/title-24/subtitle-B/cha ter- V/subchapter•-C/part-570/subpart-K/section-570.605 4.33 SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the I -IUD Lead -Based Paint Poisoning Prevention Act, found at 24 CFR 570,608, Subpart K. https:Hww\v.ecfr.gov/current/title-24/subtitle-B/chapter-V/subchapter-C/part-570/subpart- c K/section-570.608 4.34 SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. https://rvww.achp.gov/sites/default/files/regulations/2017-02/regs-i-ei,04.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. 4.35 SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). https://www.gl)o. og_f/fds3,s/gi.antilefUSCODE-2009-title4l/USCODE-2009-titic41-chapl0- sec701 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) C D24-02 First Street Corridor Pedestrian Safety - Construction Page 34 Packet Pg. 1872 16.L.1.a 4.36 SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 24CFR 570.609, Subpart K: littps://%vww,ecfr.goN,/cttrt•ettt/title-24/subtitle-B/chapter- V/subclta )tet•-C/ art-570/sub )at•t-K httpsWwww.archiyes.gov/federal-register/cod ideation/executive-order/ 12549.htm l 4.37 SUBRECIPIENT agrees to comply with the following OMB 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. 4.38 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 m SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S co fiscal year. Per 2 CFR 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 m v closeout. eCFR :: 2 CFR Part 200 Subpart F -- Audit Requirements M ti 4.39 Any real property acquired by the SUBRECIPIENT for the purpose of carrying out the projects 0) stated herein and approved by the COUNTY, in accordance with the Uniform Relocation c 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 N property. Any real property within SUBRECIPIENT control, which is acquired or improved, in 0 whole or part, with CDBG fonds in excess of $25,000, trust adhere to the CDBG Regulations at v 24 CFR 570.505. SUBRECIPIENT agrees to comply with the requirements of 24 CFR 570.606 c N governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and the requirements in 24 CFR 570.606 (d) governing optional relocation E policies. SUBRECIPIENT shall provide relocation assistance to displaced persons as defined by a 24 CFR 570.606 (b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition, or conversion for a CDBG assisted project. SUBRECIPIENT also agrees to comply with applicable a COUNTY ordinances, resolutions, and policies concerning the displacement of persons from their m residences. m https://rvww.gpo. og v/fdsys/grantt[e/CFR-1999-title49-volt/CFR-1999-title49_yoll-sec24-101 N httl)s://t�,�vw. ovg_ itifo.gov/app/details/CFR-2012-title24-vo13/CFR-2012-title24-vo13-sec570-505 0 https:/hN,Nvw.ecfi•.P,ov/ctirretit/title-24/subtitle-B/chapter-V/stibeliaptei•-C/part-570/subpart- N K/section-570.606 c https://Nv�inv.fedei-alre ig stet-.gov/docttments/2024/05/03/2024-08736/uniform-relocation- m E assistance -and -real -proper ,-acquisition-for-federal-and-federally-assisted a COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMNICKALEE) CD24-02 First Street Corridor Pedestrian Safety - Construction I'aae 35 Packet Pg. 1873 16.L.1.a 4.40 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 ail employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or ail 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-LIJL, "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 -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.41 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at flee time of travel. SUBRECIPIENT shall obtain written approval from CHS for any outside travel outside the metropolitan area with fiords provided under this Agreement, littps://N,NY1y.gsa.gov/portal/content/ 104877 4.42 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. ti littps://Nvww. og vi-egs.com/regulatioiis/expan(i/titic24=part5_subpar(A section5.106 N 4.43 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5. 111. cCFR: 24 CFR Part 214 Subpart D -- Program Administration https://NN,%N,%Y.Iaw.coi-nell.edu/cfi•/text/24/5.1 11 4.44 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. littps://wwNV.fedel'alre i,� ster.gov/documents/2016/11/16/2016-25888/violence-against-wonleil- reauthorization-act-of-2013-iill )lementation-in-hud-housing- )ro grains 4.45 Any rule or regulation determined to be applicable by HUD. COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) CD24-02 First Street Corridor Pedestrian Safety - Construction Page 36 Packet Pg. 1874 16.L.1.a 4.46 Limited English Proficiency: SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at htt:Hwh vwje ov. 4.47 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.kov/abouUocr•/I)arttlCl'sliips.httn. Discrimination on the basis of religion 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. 4.48 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment contest, except when specifically authorized. 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://ojl).gov/abouUoa•/pdfs/UseofCoiiviction_Advisory_.pdf for more details. 4.49 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has m not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or o c� organization for influencing or attempting to influence an ol"ficer or employee of any agency, a member of Congress, all officer or employee of Congress, or an employee of a member of Congress m in connection with obtaining any federal contract, grant, orany other award or subaward covered N by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with tionfederal finds that takes c 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 to restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its c officers, employees and its subcontractors hereunder comply with all applicable local, state, and v federal laws and regulations governing advocacy of and appearances before an), legislative body. None of the funds provided under this Agreement slrall be used for publicity or propaganda L ii purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. a 31 U.S.C. 1352 - Limitation oil use of appropriated fluids to influence certain Federal contracting = and financial transactions - Document in Contest - USCODE-2010-titte3l-subtitlelI-clia 13- m .Q subchaplll-secI352 ovinfo.gov) 31 U.S. Code § 1352 - Limitation on use of appropriated fiends to influence certain Federal contracting and financial transactions I U.S. Code I US Law I LII / Legal Information Institute (cornell.edu) 4.50 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 a COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) CD24-02 First Street Corridor Pedestrian Safety - Construction Page 37 Packet Pg. 1875 16.L.1.a person has either (i) submitted a false claim for grant Funds tinder the False Claims Act of (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or' similar misconduct involving subaward agreement funds 18 U.S. Code e 1001 -State€ztents o€ e€ttries Jenerall r U.S. Codel US La\v I_1I 1 Legal Information Ilist itute_(conlell.edu) Beneficiaries are subject to this False Claims Act that include the following: 3 l U.S.C. 3729 - False claims - Document in Context - USCODE-2010-title3l-subtitlelll-clta )37-stibcha )lll-sec3729 (govirifo.gov) 31 U.S. Code 3729 - False claims I U.S. Code US Late I,fl / Le gal Information Institute (cornell.edu) 4.51 Political Activities Prohibited; None of the funds provided directly or itldil'Cctly undo€' 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 utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.52 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 federal Regisler 51225 (October 1, 2009), HUD encourages 1'ecipients and strbrecipients to adopt and enforce policies banning employees from text messaging m while driving any vehicle during the course of performing work funded by HUD and to establish v workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. m Executive Order 13513 --Federal Leadership oil Reducing Text, Messaging while Driving f N whitehouse.gov (archives.gov) c 4.53 Trafficking in Persons: SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of SUBRECIPIENT. The details of SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at: httpsalojp.goylfundin lExplore/ProhibitedConduct-Traffickin =.lt ]tt77. 4.54 Association of Community Organizations for Reform Now (ACORN): SUBRECIPIENT understands and acknowledges that it cannot use any Federal Funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of HUD. 4.55 If SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit c organization regarding the SUbstttUtlon of parties, assignment, or performance of experimental, N developmental, or research work under this funding agreement, SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations CD and Small Busines Firsts Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by HUD. a COLLIE;tl COUNTY COMmuiNT'1TY REDEVELOPIMENT AGENCY (IN11 MOKALEE) CD24-02 PirS1 Street Corridor Pedestrian Safely - Construclion Page 38 Packet Pg. 1876 16.L.1.a ltttps:HNv-%vNv.ecfr.gov/cgi- bin/retrieveECFR?gp—&SID=a004b6bf20934ace7a717de76Idc64c0&►»c=true&n=pt37.] 401&r =PART&tv=HTML 4.56 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any COUNTY employee, as set forth in Chapter 1 ]2, Part 111, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- httl)s://www.Iawserver.cotn/law/state_/florida/statutes/florida_statutesachapter_1 I2_ art iii Other possible site: Imp: /ANim.Ieg.state. fl.us/Statutes/index. cftn?App_mode=Display_Statute&URL=0100- 0199/0112/0112Part IIIContentsIndex.html&StatuteYear=2021 &Title=%2D%3E2021 %2D%3 EC hapter%20112%2D%3 EPart%20III Collier County- http:I/\unv%v.colliel gov,tiet/liomelsltowdoctnnent?id-3513 7 4.57 Order of Precedence - ht 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. 4.58 Venue - Any suit of action brought by either party to this Agreement against the other party, relating to or arising out of this Agreernent, must be brought in the appropriate federal or state courts, in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.59 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve an), 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 resohrtiott, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attetttpt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Florida Statutes, The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://www.flsenate.g,oN,/Laws/Statutes/2012/44.102 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) CD24-02 First Street Corridor Pedestrim Safety - Constructions Page 39 L'4 Packet Pg. 1877 16.L.1.a 4.60 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. htt :/hvww.le .state.fl.uis/Statttes/index.cftn?A mode=Dis pla Statute&Search Stria =&UR L=0200-0299/0287/Sections/0287.133.html 4.61 Florida Statutes section 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 January 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1, 2021. http:/hvwNV.Ieg.state.fl,us/stattites/iiidex.cfii?App mode=Display Statute&URL=0400- 0499/0448/0448.1itm 1 For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the SUBRECIPIENT shall participate in and use E-Verify w«nv.e-verify. ov L g } 5 p p � ) { ?�), � provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses co E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Non - confirmation" or a "Final Non -confirmation") to confirm employment eligibility for each hiring for v a position in the United States that is or will be funded (in whole or in part) with award funds. M ti Questions about E-Verify should be directed to DHS. For more information about E-Verify visit m the E-Verify website (https:/hvww.c-verify.- ov/) or email E-Verify at E-Veri , r,dhs.gov. E- _ Verify employer agents can email E-Verify at E-Veri Em Flo erA eat dhs. ov. 4.62 Florida Statutes section 713.20, Part 1, Construction Liens Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) 4.63 Florida Statutes section 1 19.021 Records Retention Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) 4.64 Florida Statutes section 119.071, Contracts and Public Records http:/hvww.leg.state.fl.us/Statutes/index.cfin?Api) mode=Display Statute&URL=0100- 0199/0119/Sections/0119,071.html 4.65 OSHA. Where SUBRECIPIENT employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous, or dangerous to the participant's health or safety. a COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) CD24-02 First Street Corridor Pedestrim Safety - Construction Page 40 �\ Packet Pg. 1878 1 ti.L.1.a 4.66 Right to Know. Participants employed or trained for inherently dangerous occupations, e.g., fire or police jobs, shall be assigned to work in accordance with reasonable safeq, practices. The SUBRECIPIENT will comply with all applicable "Right to Know" Acts. 4.67 Whistleblower Protections: a. In accordance with 41 U.S.C. § 4712, the SUBRECIPIENT may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public Etcalth or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of JLIStlee or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. The SUBRECIPIENT shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between COUNTY and SUBRECIPIENT for the use of Funds received tinder this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between COUNTY and SUBRECIPIENT with respect to this Agreement. (Signature Page to Follow) COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) CD24-02 First Street Corridor Pedestrian Safety - Construction Page d [ Z Packet Pg. 1879 16.L.1.a 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. ATTEST: AS TO COUNTY: CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk [] By: L CHRIS HALL, CHAIRPERSON Cn to L_ Dated; (� (SEAL) Date: m E 0 Q L AS TO SUBRECIPIENT: 0 a WITNESSES: COUNTY COMMUNITY c 2- mCOLLIER REDEVELOPMENT AGENCY (IMMOKALEE) 0 Witness #I Signature CO) By: m Witness # i Printed Name CRA Board Chair v M ti Witness #1 Physical Address Date: N [Please provi(le evidence of signing authority] ° Witness #2 Signature ° c) Witness #2 Printed Name rn L_ t- Witness #2 Physical Address Im a Approved as to form and legality: m .EL Carly Sanseverino L Assistant County Attorney Cn Date: N o le N _ d E L v r� a COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) CD24-02 First Street Corridor Pedestrian Safcty - Construction Pnge 42 nc-110 Packet Pg. 1880 16.L.1.a PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier Count), c/o Community and Hunian Services Division, 3339 Tamiami Trail East, Suite 213, 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, non -awned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) v In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: M ti 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design N professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per c 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 i services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in c connection with this Agreement. This insurance shall be maintained for a period of two (2) years v after the certificate of Occupancy is issued. T 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), c CD the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal E Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under, Q COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALE F.) CD24-02 First Street Corridor Pedestrian Safety - Constnietion Page 43 Packet Pg. 1881 16.L.1.a 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 art additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, nott-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. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full v 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 ti a) A.T.I.M.A. a COLLIER COUNTY COMMUNITY REDEVELOPNIENT AGLNCY (IMMOKALEE) CD24-02 F irst Street Corridor Pedestrian Safety - Construction Page 44 C Packet Pg. 1882 16.L.1.a EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name; Collier County Community Redevelopment Agency (Immolialee) SUBRECIPIENT Address; 750 South 51' Street, Suite C, Immokalee, FL 34142 Project Name: First Street Corridor Pedestrian Safety - Construction Project No; CD24-02 Payment Request # Total Payment Minus Retainage Period of Availability: through Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Total expenditures this period minus retaina e, if applicable) $ $ 4. Current Grant Balance (Grant Amount minus previous requests minus today's request) $ $ 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 $14,999 and below) Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) a COLLIER COUNTY COMMUNITY REDEVELOPMFNT AGENCY (IIvWOKALEE) CD24-02 First Street Corridor Pedestrian Safety - Constniction Page 45 Packet Pg. 1883 16.L.1.a EXHIBIT C 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 informationn on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Subrecipient Name: Collier County Community Redevelopment Agency Immolcalee Date: Project Title: First Street Corridor Pedestrian Safety -Construction IDIS ##: Pro rant Contact: Telephone Number: Activity Reporting Period Report Due Date October 151— December 315` January 10" January I"— March 31" Aril 10" April P' — June 301" July 10" July IIt — September 30" October IO'h REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): ❑12/31/20XX ❑ 3/31/20XX ❑ 6/30/20XX ❑ 9/30/20XX Final _/ 120_ Please note: The HUD Program year begins October 1, 20XX — September 30, 20XX. Each quarterly report must include cumulative data beginning from the start of the program year October 1, 20XX. 1. Please list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement and indicate your progress in meeting those goals since October 1, 20XX. a. Outcome Goals: list the outcome goal s fi-om your approved application and SUBRECIPIENT Agreement Outcome 1: Proeurement/Bid Package completed and submitted for review and approval prior to publication. Outcome 2: Complete construction of the First Street Corridor Pedestrian Safety project. Outcome 3: Document Achievement of the LMA National Objective. b. Goal Progress: Indicate the progress to date in mecting each outcome goal. Outcome 1: Outcome 2: Outcome 3: 2. 1s this project still in compliance with the original project schedule: Yes ❑ No ❑ If No, Explain: 3. Since October 1, 20XX, of the persons assisted, how many... Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing) to this service or benefit? 0 b. ...now have improved access to this service or benefit? 0 C. ...now receive a service or benefit that is na longer substandard? 0 Total 0 4. What funding sources did the SUBRECIPIENT apply for this eriod? Section 108 Loan Guarantee $ CDBG S Other Consolidated Plan Funds $ HOME Other Federal Funds $ ESG $ $ HOPWA S $ Total Entitlement Funds $ Q COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) CD24-02 First Street Corridor Pedestrian Safety - Construction Page 46 rcl,,- Packet Pg. 1884 16.L.1.a 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/ethnicity, and income data are reported by persons. For LMI-1 activities; households, race/ethnicity, and income level are reported by households, regardless the number of persons in tite household. a. Total No. Persons/Adults 0 Total No. persons served under 18 0 served LMC LMC carter 'total No. of Persons 0 Quarter Total No. of Persons 0 b. Total No. of Households 0 Total No. of female ]read of household 0 served (LiIH) WhLat is the total number of UNDUPLICATED 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 0 Total No. Persons served under 18 0 served LMC LNIC YTD Total: 0 YTD Total 0 b, Total No. Households 0 Total No. female head of household (LMH) 0 served LMH YTD Total 0 YTD Total 0 Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your prograrn o. niy serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY (LMC)Quarter LMC YTD Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this quartet who fall into each presumed benefit persons served since October I who fall into each category (the total should equal the total in question 46a presumed benefit category (the total should equal the or 6b : total in question #6a of 66): a Presumed Benefit Activities Ottl LMC TR b Presumed Benefit Activities Only 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 Ll 0 Battered Spouses LI Spouses 0 Persons Ll 0 Persons w/14IV/AIDS LI w/HIV/AIDS 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 illiterate Adults Ll 0 Illiterate Adults LI 0 Severely LI 0 Severely Disabled Adults LI Disabled Adults 0 Q uarter Total 0 YTD Total C Com lete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this Quarter who fall into each income category persons served since October l (YTD) wlio fail into the total should equal the total in question #6 ; each income category the total should equal the total COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) U- M ti as N 0 0 V y ii E is Q m Q CD V L rn N O le N m E t Q CD24-02 First street Corridor Pedes4rian Safety - Construction Page 47 n_ Packet Pg. 1885 16.L.1.a 9. in question 46 a ELI Extremely Low 0 b ELI Extremely Low 0 Income 0-30% Income 0-30% LI Low Income (31- 0 LI Low Income 0 50% MOD Moderate Income 0 MOD Moderate Income 0 51-80% NON-L@M Above t Modcrate 0 NON-UNI Above \Moderate 0 Incorne (>80%) Income (>80%) Quarter Total 0 YTD Total 0 Is this project in a Low/Mod Area (LMA)? YES NO Was project completed this quarter? YES NO Ifyes, complete all of this section 9. Date project completed Block Group Census Tract Total Beneficiaries Low/Mod Beneficiaries Low/Mod Percentage 0 0 0 0 0 Date LMA Narrative approved by CHS? What documentation supports project completion? (i.e., Certificate of Completion or Certificate of Occupancy, etc) 10. Racial & Ethnic Data if applicable) Please indicate how many UNDUPLICATED 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. In addition to each race category, please addition to each race category please indicate how many indicate how many persons in each race category persons in each race category consider themselves consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in should equal the total in question 6.) uestion 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 0 0 American Indian/Alaska 0 0 American Indian/Alnska Native Native Native Hawaiiar>tOther Pacific Islander 0 0 Native Hasvaiiari/Other Pacific Islander 0 0 0 0 Black/African American & 0 0 Black/African American & White White 0 0 American Indian/Alaska 0 0 American Indian/Alaska Native & Native & Black/African Black/African American American Other Multi -racial 0 0 Other Multi -racial 0 0 0 0 0 0 I hereby certify the above information is true and accurate. Name: Signattn'c; Title: Your typed name here represents Your electronic signature Q COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (INIMOKALEE) CD24-02 First Street Corridor Pedestrim Safety - Constniction Page 48 Packet Pg. 1886 16.L.1.a EXHIBIT C-1 Community Development Block Grant (CDBG) Leverage Funds Report Leverage Funds must be identified, tracked, and verifiable. Resources must be fully identified and described as submitted Nvith SUBRECIPIENT's application. Subrecipient Name: Collier County Community Redevelopment Agency (Immolcalee) Report Period: Fiscal Year: Contract Number; Project: Contact Name: Contact Number: First Street Corridor Pedestrian Safety - Construction Leverage Funds See EXAMPLE below for how to complete this form. Source Amount Type Use Total Project Cost Ratio: EXAMPLE Source Amount Type Use CDBG $1,000,000 Other Federal Funds Land Acquisition HOME $870,000 Federal Funds Infrastructure Private Donation $1,200,000 Cash & In -Kind Infrastructure Philanthropic $3,500,000 Cash —local funds 52 units Affordable Housing Total Project Cost S6,570,000 Ratio: $1 Federal Dollar $2.51 Local Funds [Signature Page to Follow] COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (INIMOKALEE) Q CD24-02 First Street Corridor Pedestrian Safety - Construction Page 49 r t 9 Packet Pg. 1887 16.L.1.a I hereby certify the above information is true and accurate. Signature: Date: Printed Name: Title; Your t , ped name Isere re vresents your electronic signature. Q COLLIER COUNTY COMMUNIT')' REDEVELOPMENT AGENCY (IMMOKALEE) CD2A-02 First Street Corridor Pedestrim Safety - Construction Pnge 50 C"-N\ Packet Pg. 1888 16.L.1.a EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS (Does Not Apply to LMA Projects) Complete this form and retain appropriate supporting documentation Proving CDBG to the COUNTY, to the COUNTY, assistance to an eligible beneficiary. Please retain in your Organization's records and have on liand for future monitoring visits. Effective Date: A. Household Information Member Names — All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Casll Value of Assets B(a) 0, Total Income from Assets 13b 0.00 If line B(a) is greater than $50,000, multiply that amollllt by the rate specified by HUD (applicable rate 0.4%) and enter results in B(c), otherwise leave blank. 13c COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE) Q CD24.02 First Street Corridor Pedestrimi Safety - Construction Page 51 Packet Pg. 1889 1li.L.1.a C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages 1 Benefits 1 Public Other Asset Salaries Pensions Assistance Income Income (include tips, commissions, (Enter the bonuses, and greater of overtime) box B(b) oi- 1 box B(c), 2 above, in 3 box C(e) 4below) 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 M 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 of perjury. c WARNING: Florida Statutes Chapter 817, 18 U.S.C. § 1001 and 31 U.S.C. § 3729 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 Sections 775.082 and 775.083, Florida Statutes. 31 U.S.C. 3729 - False claims - Document in Context - USCODE-2010-titie3l-subtitleIII-chap37-subchaplll-sec3729 ( ovg info. ov Signature of Head of Household Date Signature of Spouse or Co -Head of Household Date Adult Household Member (if applicable) Date a COLLIER COUNTY COMNIONITY REDEVELOPMENT AGENCY (IMMOKALEE) CD24.02 First Street Corridor Pedestrim Safety - Construction Page 52 n 1 Packet Pg. 1890 1li.L.1.a Adult Household Member (if applicable) Date E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this income Certification Ware eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: ❑ Extremely Low -Income (ELI) Household means and individual or family whose annual income does not exceed 30/50"' 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 $ ). ❑ Very Low -Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent ofthe area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ 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 Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Printed Name F. Household Data Title Date Number of Persons By Race / Ethnicity By Age American Native Other Indian Asian Black Hawaiian or White 0 —25 26 —40 41 —61 62+ Other Pac. Islander Hispanic Non - Hispanic NOTE: b formatlorr comerrrrrrg the rcice or eilmicity of the occup mis is behig gcithered for statistical use only. No beneficiary is required to give such it forimillon, cmd refusal to give such iiformotlo)1 will 11ot gyect cm), right he or she has to the CDBG program, Q COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (EMMOKALEE) CD24.02 First street Corridor Pedestrian Safety - COnSIRICtiOn Page 53 Packet Pg. 1891 16.L.1.a EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR fart 200.332 requires Collier County to monitor subrecipients of Federal awards to determine subreciplents are compliant with established audit requirements (Subpart F). Accordingly, Collier County require that all appropriate documentation is provided regarding the organization's compliance. In determining Federr awards expended in a fiscal year, the subrecipient must consider all sources of Federal awards, based on whe the activity related to the Federal award occurs, including any Federal award provided by Collier County. Th determination of amounts of Federal awards expended shall be in accordance with the guidelines established b 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Ac (Statute 215.97) requirements. Subrecipient Name Collier County Community Redevelopment Agency (Inimolcalee First Date of Fiscal Year MMIDDIYY Last Date of Fiscal Year MMIDDIYY Total Federal Financial Assistance Expended during most recently completed Fiscal Year Total State Financial Assistance Expended during most recently completed Fiscal Year $ 1 $ Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has bee ❑ met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will b completed by . Copies of the audit report and management letter are attache or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ ❑ Are a for -profit organization ❑ Are exempt for other reasons -- explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan i included separate from the written response provided within the audit report. While w, ❑ understand that the audit report contains a written response to the finding(s), we are requestin. an updated status of the corrective action(s) being taken. Please do not provide just a copy c the written response from your audit report, unless it includes details of the actions, procedure: 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 Date Print Name and Title 06/18 COLLIER COUNTY CONINIUNITY REDEVE1,OPMENT AGENCY (1?ViM0KALEE) Q CD24.02 First Sirect Corridor Pedestrian Safely - Construction Page 54 Packet Pg. 1892