Backup Documents 05/26/2015 Item #16D5 ORIGINAL DOCUMENTS CHECKLIST & S ROUTIN I
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI A
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Peggy Hager Community & Human a
Services Division (CHS) �%II 5.iS'�15
2. County Attorney Office County Attorney Office
Sao l �
3. BCC Office Board of County
Commissioners V/
4. Minutes and Records Clerk of Court's Office qin 5(2,6(6
t(:1:
frn
PRIMARY CONTACT INFORMATION 1
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Rosa Munoz,CHS Phone Number 252-5713
Contact/ Department
Agenda Date Item was May 26,2015 Agenda Item Number 16D5
Approved by the BCC
Type of Document MOU with Parks&Rec for the Design& Number of Original /
Attached Engineering for Expansion of Fitness Documents Attached
Center Project
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicabl= u •, • - - Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original si: ature? RM
2. Does the document need to be sent to another agency fo .dditional sign ures? If yes, N/A
provide the Contact Information(Name;Agency;Address; • e)on an attached,shee`f.
3. Original document has been signed/initialed for legal sufficiency. (AIT documents to be RM
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the RM
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's RM
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip RM
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 05/26/15_and all changes made RM
during the meeting have been incorporated in the attached document. The Countya..
Attorney's Office has reviewed the changes,if applicable. $ `
9. Initials of attorney verifying that the attached document is the version approved by the �<
BCC, all changes directed by the BCC have been made, and the document is ready for the -N.-
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16D5
Grant# B-05-UC-12-0016
CFDA/CSFA# 14.218
Recipient Parks and Recreation Division
FAIN No
R&D No
DUNS# 076997790
FEIN# 59-6000558
Fiscal Year End 9/30
Monitor End: 05/2021
MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN
COMMUNITY AND HUMAN SERVICES(CHS) DIVISION
AND THE
COLLIER COUNTY PARKS AND RECREATION DIVISION
FOR
DESIGN AND ENGINEERING FOR EXPANSION OF THE FITNESS CENTER
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this7- .day of 4"-,, 2015, by
and between Community and Human Services (CHS) Division and Parks and Recreation Divisio (PARKS),
both divisions of Collier County, a political subdivision of the State of Florida.
WHEREAS, the County has entered into an agreement with the United States Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of
the Housing and Community Development Act of 1974 (as amended); and
WHEREAS, the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan —One year Action Plan for Federal Fiscal Year 2014-2015 for the CDBG Program with
Resolution 2014-129 on June 24, 2014—Agenda Item 16D8; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans, the County advertised a substantial
amendment on April 20, 2015 with a 30 day Citizen Comment period from April 20, 2015 to May 20,
2015,funding the Immokalee Sports Complex Fitness Center; and
WHEREAS, the responsibilities and obligations of each in the undertaking the CDBG Design &
Engineering for Expansion of the Immokalee Sports Complex Fitness Center is set forth herein; and
NOW,THEREFORE, in consideration of the mutual benefits contained herein, it is acknowledged
by the divisions as follows:
Collier County Parks and Recreation Division
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PART
SCOPE OF WORK
PARKS shall, in a satisfactory and proper manner and consistent with any standards required as a
condition of providing CDBG assistance, as determined by CHS, to perform the tasks necessary to
conduct the program as follows:
Project Component One: Expansion of the Immokalee Sports Complex Fitness Center.
Funding costs will include but not be limited to the following expenses:
CHS, as an administrator of the CDBG program, will make available CDBG funds up to the gross
amount of$84,265 to Parks to fund Design and Permitting activities such as, but not limited to,
civil engineering, site plans, architectural services, surveying, and permitting fees and all costs
associated with the Expansion of the Immokalee Sports Complex Fitness Center located in
Immokalee, FL and;
Project Component Two: Environmental Review/Environmental Assessment costs in the amount
of$10,000.
Specifically, improvements identified for funding are outlined in the Project Details Section 1.2.
The detailed project scope will be contained in the schedule of values or contractor pricing
awarded in the project's construction contract, if applicable. The Project's construction contract
will include details sufficient to document the number, amount and costs associated with all
activities for payment, if applicable.
1.1 SPECIAL GRANT CONDITIONS
A. Within thirty(30) calendar days of the execution of this MOU, Parks must deliver to CHS
for approval a detailed project schedule for the completion of the project.
B. The following resolutions and policies must be adopted by PARKS' governing body
within thirty(30)days of this MOU:
❑ Affirmative Fair Housing Policy
• Affirmative Action/ Equal Opportunity Policy
• Conflict of Interest Policy
• Procurement Policy
❑ Uniform Relocation Act Policy
® Sexual Harassment Policy
• Procedure for meeting the requirements set forth in Section 3 of the Housing
and Urban Development Act of 1968, as amended (12U.S.C. 794 1 u)
• Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
Collier County Parks and Recreation Division
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• Fraud Policy
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Design and Permitting Costs for Expansion of Immokalee Sports Complex Fitness Federal Amount
Center
Project Component 1: Design and Permitting Costs to include but not be limited to $84,265.00
civil engineering, site plan, architectural services, surveying, and permitting and
associated costs for the expansion of the Immokalee Sports Complex Fitness Center
Project Component 2: Environmental Review/Assessment $10,000.00
Total Federal Funds: $94,265.00
The Recipient will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
❑ Maintain and provide to the County as requested beneficiary income certification
documentation
• Maintain National Objective Documentation
® Provide Quarterly reports on National Objectives and project progress
▪ Required attendance by a representative from executive management at quarterly
partnership meetings, as requested by CHS
❑ Provide monthly construction and rehabilitation progress reports until completion of
construction and rehabilitation
❑ Identify Lead Project Manager
• Provide Site Design and Specifications
❑ Comply with Davis Bacon Labor Standards
❑ Provide certified payroll weekly throughout construction and rehabilitation
❑ Comply with Uniform Relocation Act(URA), if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
• Ensure the applicable affordability period for the project is met
B. National Objective
The CDBG program funds awarded to Collier County must benefit low-moderate income persons
(LMI). As such, PARKS shall be responsible for ensuring that all activities and beneficiaries meet
the definition of:
• LMA—Low/Mod Area Benefit
n LMC—Low/Mod Clientele Benefit
Collier County Parks and Recreation Division
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DESIGN&Engineering for Expansion OF Fitness Center Page 3
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❑ LMH — Low /Mod Housing Benefit
❑ LMJ — Low /Mod Job Benefit
C. Project Outcome
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PARKS will complete Design and Permitting activities such as, but not limited to civil engineering,
site plan, architectural services, surveying and permitting fees and all costs associated with the
expansion of the Immokalee Sports Complex Fitness Center located in Immokalee, FL and
completion of an environmental review /assessment.
D. Performance Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Design /Engineering /Permits /Surveying/
Documentation
Monthly
Special Grant Condition Policies
Policies as stated in this MOU
Within thirty (30) days of MOU
(Section 1.1)
evidenced by invoice/
execution
Insurance
Insurance Certificate
Annually within thirty (30) days
Exhibit B and any additional
of renewal
Detailed project Schedule
Project Schedule
Within thirty (30) days of MOU
Final 10% retainage released
execution
Project Plans and Specifications
Site Plans and Specifications
Prior to Construction Start
Submission of Progress Report
Exhibit C
Quarterly reports. Annually after
closeout.
Financial and Compliance Audit
Exhibit E
Annually one hundred eighty
(180) days after FY end until
2021
Continued Use Certification
Continued Use Affidavit, if
Annually until 2021
applicable
Revenue Plan for maintenance
Plan approved by the County
Initial Plan due after completion
and Capital Reserve
of rehabilitation and annually
thereafter until 2029
Program Income Reuse Plan
Plan Approved by the County
Annually thereafter until 2021
E. Payment Deliverables
Payment Deliverable
Payment Supporting
Documentation
Submission Schedule
Design /Engineering /Permits /Surveying/
Submission of monthly
Monthly
Architectural/ Site plan
invoices and backup as
Development /Specifications and all
evidenced by invoice/
associated costs
procurement documents/
Exhibit B and any additional
documentation as requested
Final 10% retainage released
Final Delivery
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Final 10% ($8,426.50) of retainage held will be released upon documentation that a CDBG National
Objective has been met. Failure on behalf PARKS in achieving the national objective under this MOU will
require repayment of the CDBG investment.
1.3 TIME OF PERFORMANCE
Services shall start effective the date of the execution of this MOU and shall end on November
30, 2016.
1.4 GRANT AMOUNT
CHS agrees to make available Ninety Four Thousand Two Hundred and Sixty Five Dollars
($94,265.00) for the use by PARKS during the term of the MOU (hereinafter, the aforestated
amount including, without limitation, any additional amounts included thereto as a result of a
subsequent amendment(s) to the MOU, shall be referred to as the "Funds ").
Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted
fund shifts among line items shall not be more than 10% of the total funding amount and does
not signify a change in scope. Fund shifts that exceed 10% of the MOU amount shall only be
made with Board approval.
All improvements specified in Part I. Scope of Work shall be performed by PARK'S employees, or
shall be put out to competitive bidding under a procedure acceptable to the COUNTY and
Federal requirements. PARKS shall enter into contracts for improvements with the lowest,
responsible and qualified bidder. Contract administration shall be handled by PARKS and
monitored by CHS, which shall have access to all records and documents related to the project.
Reimbursement for performance will be made upon completion or partial completion of the
work tasks as accepted and approved by CHS. PARKS may not request disbursement of
CDBG funds until funds are needed for eligible costs, and all disbursements requests must be
limited to the amount needed at the time of the request. Invoices for work performed
are required every month. Funds may only be expended for allowable costs resulting from
obligations incurred during the term of this MOU. If no work has been performed during that
month, or if the required backup is not yet prepared, a $0 invoice will be required. Explanations
will be required if two consecutive months of $0 invoices are submitted. Payments shall be
Collier County Parks and Recreation Division
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upon final monitoring
clearance documentation
Environmental Review/ Assessment
Submission of Exhibit B, SAP
Upon Completion
screen shots evidencing
payment and any associated
documentation as requested
Final 10% ($8,426.50) of retainage held will be released upon documentation that a CDBG National
Objective has been met. Failure on behalf PARKS in achieving the national objective under this MOU will
require repayment of the CDBG investment.
1.3 TIME OF PERFORMANCE
Services shall start effective the date of the execution of this MOU and shall end on November
30, 2016.
1.4 GRANT AMOUNT
CHS agrees to make available Ninety Four Thousand Two Hundred and Sixty Five Dollars
($94,265.00) for the use by PARKS during the term of the MOU (hereinafter, the aforestated
amount including, without limitation, any additional amounts included thereto as a result of a
subsequent amendment(s) to the MOU, shall be referred to as the "Funds ").
Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted
fund shifts among line items shall not be more than 10% of the total funding amount and does
not signify a change in scope. Fund shifts that exceed 10% of the MOU amount shall only be
made with Board approval.
All improvements specified in Part I. Scope of Work shall be performed by PARK'S employees, or
shall be put out to competitive bidding under a procedure acceptable to the COUNTY and
Federal requirements. PARKS shall enter into contracts for improvements with the lowest,
responsible and qualified bidder. Contract administration shall be handled by PARKS and
monitored by CHS, which shall have access to all records and documents related to the project.
Reimbursement for performance will be made upon completion or partial completion of the
work tasks as accepted and approved by CHS. PARKS may not request disbursement of
CDBG funds until funds are needed for eligible costs, and all disbursements requests must be
limited to the amount needed at the time of the request. Invoices for work performed
are required every month. Funds may only be expended for allowable costs resulting from
obligations incurred during the term of this MOU. If no work has been performed during that
month, or if the required backup is not yet prepared, a $0 invoice will be required. Explanations
will be required if two consecutive months of $0 invoices are submitted. Payments shall be
Collier County Parks and Recreation Division
CD14 —13 IDIS# 500
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made to PARKS when requested as work progresses but, not more frequently than once per
month. Reimbursement will not occur if PARKS fails to perform the minimum level of service
required by this MOU.
Final invoices are due no later than 90 days after the end of the MOU. Work performed during
the term of the program but not invoiced within 90 days after the end of the MOU may not be
processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this MOU for a period of up to 180
days after the end of the MOU. Extensions must be authorized in writing by formal letter to
PARKS and reported to the Board on a quarterly basis.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable local, state or Federal requirements. Payment will be made upon receipt of a
properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known
as the "Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments are governed by the Federal grants management rules for cost allowability found at 2
CFR 200 Subpart E -Cost Principles. For the purposes of this section (Section 1.5 -Cost Principles)
of this MOU, Subrecipient is defined as described in 2 CFR 200.93. Accordingly, payments will be
made on a cost reimbursement basis. Each request for reimbursement shall identify the
associated project and approved project task(s) listed under this Scope of Work. PARKS can only
incur direct costs that may be attributed specifically to the projects referenced above as defined
in 2 CFR 200.413. PARKS must provide adequate documentation for validating costs incurred.
Payments to PARK'S contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 2 CFR 200.318. Allowable costs incurred by PARKS
and Contractors shall be in compliance with 2 CFR Subpart E -Cost Principles. A Developer is not
subject to 2 CFR Subpart E, however the County is Subject to 2 CFR Subpart E and may impose
requirements upon the Developer in order for the County to remain compliant with its
obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls, and
maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this MOU.
1.6 NOTICES
Notices required by this MOU shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices
and other written communications under this MOU shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
Collier County Parks and Recreation Division
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COLLIER COUNTY ATTENTION: Rosa Munoz, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: RosaMunoz @colliergov.net
Telephone: (239) 252 -5713
PARKS ATTENTION: Barry Williams, Division Director
15000 Livingston Road
Naples, Florida 34109
Email: barrywilliams @collierRov.net
Telephone: (239) 252 -4035
Natali Betancur
15000 Livingston Road
Naples, Florida 34109
Email: Natalibetancur @colliergov.net
Telephone: (239) 252 -4059
Collier County Parks and Recreation Division
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GIC
PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
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At any time during normal business hours and as often as the COUNTY (and /or its
representatives) may deem necessary, PARKS shall make available all records, documentation
and any other data relating to all matters covered by the MOU for review, inspection or audit.
Any deficiencies noted in audit reports must be fully cleared by the Grantee, Developer, or
PARKS within 30 days after receipt by the organization. Failure of the organization to comply
with the above audit requirements will constitute a violation of this contract and may result in
the withholding of future payments. PARKS hereby agrees to have an annual agency audit
conducted in accordance with current Grantee policy concerning PARKS audits and OMB Circular
A -133.
2.2 RECORDS AND DOCUMENTATION
PARKS shall maintain sufficient records in accordance with 24 CFR 570.506 to determine
compliance with the requirements of this MOU, the CDBG Program and all other applicable laws
and regulations. This documentation shall include, but not be limited to, the following:
A. All records required by CDBG regulations.
B. PARKS shall keep and maintain public records that ordinarily and necessarily would be
required by COUNTY in order to perform the service.
C. All reports, plans, surveys, information, documents, maps, books, records and other
data procedures developed, prepared, assembled, or completed by PARKS for the
purpose of this MOU shall be made available to the COUNTY by PARKS at any time upon
request by the COUNTY or CHS. Materials identified in the previous sentence shall be in
accordance with generally accepted accounting principles (GAAP), procedures and
practices, which sufficiently and properly reflect all revenues and expenditures of funds
provided directly or indirectly by this MOU, including matching funds and Program
Income. These records shall be maintained to the extent of such detail as will properly
reflect all net costs, direct and indirect labor, materials, equipment, supplies and
services, and other costs and expenses of whatever nature for which reimbursement is
claimed under the provisions of this MOU.
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D. Upon completion of all work contemplated under this MOU copies of all documents and
records relating to this MOU shall be surrendered to CHS if requested. In any event
PARKS shall keep all documents and records in an orderly fashion in a readily accessible,
permanent and secured location for five (5) years after the date of submission of the
annual performance and evaluation report, as prescribed in 24 CFR 91.520 with the
following exception: if any litigation, claim or audit is started before the expiration date
of the five (5) year period, the records will be maintained until all litigation, claim or
audit findings involving these records are resolved. The COUNTY shall be informed in
writing if an agency ceases to exist after closeout of this MOU of the address where the
records are to be kept as outlined in 24 CFR 200.336. Meet all requirements for
retaining public records and transfer, at no cost, to COUNTY all public records in
possession of PARKS upon termination of the contract and destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the COUNTY in a
format that is compatible with the information technology systems of the public agency.
E. PARKS shall maintain records showing compliance with the Davis- Bacon Law, including
files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and
administrative cross - referencing. PARKS shall maintain records showing contractor
compliance with the Contract Work Hours and Work Safety Law. Similarly, PARKS shall
maintain records showing compliance with federal purchasing requirements and with
other federal requirements for grant implementation.
F. PARKS will be responsible for the creation and maintenance of income eligible files on
clients served and documentation that all households are eligible under HUD Income
Guidelines. PARKS agrees that CHS shall be the final arbiter on PARK'S compliance.
G. PARKS shall document how the National Objective(s) as defined in 24 CFR 570.208 and
the eligibility requirement(s) under which funding has been received, have been met.
These also include special requirements such as necessary and appropriate
determinations as defined in 24 CFR 570.208, income certification, and written
Agreements with beneficiaries, where applicable.
H. PARKS shall provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that does not
exceed the cost provided in this chapter or as otherwise provided by law. PARKS shall
ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by 2 CFR
200.336 and 2 CFR 200.337.
Collier County Parks and Recreation Division
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2.3 MONITORING
During the term, PARKS shall submit an annual audit report and monitoring report (Exhibit E) to
the COUNTY no later than one hundred eighty (180) days after PARK'S fiscal year end. The
COUNTY will conduct an annual financial and programmatic review.
PARKS agrees that CHS may carry out no less than one (1) annual on -site monitoring visit and
evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of
the activities may be conducted in lieu of an on -site visit. The continuation of this MOU is
dependent upon satisfactory evaluations. PARKS shall, upon the request of CHS, submit
information and status reports required by CHS or HUD to enable CHS to evaluate said progress
and to allow for completion of reports required. PARKS shall allow CHS or HUD to monitor
PARKS on site. Such site visits may be scheduled or unscheduled as determined by CHS or HUD.
The COUNTY will monitor the performance of PARKS in attempts to mitigate fraud, waste,
abuse, or non - performance based on goals and performance standards as stated with all other
applicable federal, state and local laws, regulations, and policies governing the funds provided
under this MOU further defined by 2 CFR 200.331. Substandard performance as determined by
the COUNTY will constitute noncompliance with this MOU. If corrective action is not taken by
PARKS within a reasonable period of time after being notified by the COUNTY, contract
suspension or termination procedures will be initiated. PARKS agrees to provide HUD, the HUD
Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's
internal auditor(s) access to all records related to performance of activities in this MOU.
2.4 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this contract. Penalties may be imposed for failures to implement or to
make acceptable progress on such corrective action plans.
In order to effectively enforce Resolution No. 2013 -228, Community and Human Services (CHS)
has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers,
or any entity receiving grant funds from CHS. CHS's policy for escalation for non - compliance is as
follows:
1. Initial non - compliance may result in Findings or Concerns being issued to the
entity and will require a corrective action plan be submitted to the Division
within 15 days following issuance of the report.
• Any pay requests that have been submitted to the Division for payment will
be held until the corrective action plan has been submitted.
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• CHS will be available to provide Technical Assistance (TA) to the entity as
needed in order to correct the non - compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely
manner to the Division, the Division may require a portion of the awarded grant
amount be returned to the Division.
• The County may require upwards of five percent (5 %) of the award amount
be returned to the Division, at the discretion of the Board of County
Commissioners.
• The entity may be considered in violation of Resolution No. 2013 -228
3. If in the case an Entity continues to fail to correct the outstanding issue or
repeats an issue that was previously corrected, and has been informed by the
Division of their substantial non - compliance by certified mail; the Division may
require a portion of the awarded grant amount or the amount of the CDBG
investment for acquisition of the properties conveyed, be returned to the
Division.
• The Division may require upwards of ten percent (10 %) of the award
amount be returned to the Division, at the discretion of the Board of County
Commissioners.
• The entity will be considered in violation of Resolution No. 2013 -228
4. If in the case after repeated notification the Entity continues to be substantially
non- compliant, the Division may recommend the MOU /contract or award be
terminated.
• The Division will make a recommendation to the Board of County
Commissioners to immediately terminate the MOU or contract. The Entity
will be required to repay all funds disbursed by the County for project that
was terminated. This includes the amount invested by the County for the
initial acquisition of the properties or other activities.
• The entity will be considered in violation of Resolution No. 2013 -228
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If in the case the Entity has multiple agreements with the Division and is found to be non-
compliant, the above sanctions may be imposed across all awards at the BCC's discretion.
2.5 REPORTS
Reimbursement may be contingent on the timely receipt of complete and accurate reports
required by this MOU, and on the resolution of monitoring findings identified pursuant to this
MOU as deemed necessary by the County Manager or designee.
During the term, PARKS shall submit quarterly progress reports to the COUNTY on the 10th day
of January, April, July and October respectively for the prior quarter period end. As part of the
report submitted in October, PARKS also agrees to include, a comprehensive final report
covering the agreed -upon Program objectives, activities and expenditures and including, but not
limited to, performance data on client feedback with respect to the goals and objectives set
forth in Exhibit "C ". Exhibit "C" contains an example reporting form to be used in fulfillment
of this requirement. Other reporting requirements may be required by the County Manager or
designee in the event of Program changes; the need for additional information or
documentation arises; and /or legislative amendments are enacted. Reports and /or requested
documentation not received by the due date shall be considered delinquent and may be cause
for default and termination of this MOU.
Collier County Parks and Recreation Division
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
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No part of this MOU may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
3.2 GENERAL COMPLIANCE
PARKS agrees to comply with the requirements of Title 24 of the Code of Federal Regulations,
Part 570 (the U.S. Housing and Urban Development regulations concerning Community
Development Block Grants (CDBG)) including subpart K of these regulations, except that (1)
PARKS does not assume the recipient's environmental responsibilities described in 24 CFR
570.604 and (2) PARKS does not assume the recipient's responsibility for initiating the review
process under the provisions of 24 CFR Part 52 and (3) PARKS is required to follow federal
procurement and (4) for DEVELOPERS revenue generated is not considered program income.
The CDBG program was funded through the Housing and Community Development Act of 1974.
PARKS also agrees to comply with all other applicable Federal, state and local laws, regulations,
and policies governing the funds provided under this contract. PARKS further agrees to utilize
funds available under this MOU to supplement rather than supplant funds otherwise
available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this MOU is intended to, or shall be construed in any manner, as creating
or establishing the relationship of employer /employee between the parties. PARKS shall at all
times remain an "independent contractor" with respect to the services to be performed under
this MOU. The Grantee shall be exempt from payment of all Unemployment Compensation,
FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as PARKS
is an independent contractor.
3.4 AMENDMENTS
The COUNTY or PARKS may amend this MOU at any time provided that such amendments make
specific reference to this MOU, and are executed in writing, signed by a duly authorized
representative of each organization, and approved by the Grantee's governing body. Such
amendments shall not invalidate this MOU, nor relieve or release the Grantee or PARKS from its
obligations under this MOU.
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The COUNTY may, in its discretion, amend this MOU to conform with Federal, state or local
governmental guidelines, policies and available funding amounts, or for other reasons. If such
amendments result in a change in the funding, the scope of services, or schedule of the activities
to be undertaken as part of this MOU, such modifications will be incorporated only by written
amendment signed by both Grantee and PARKS.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must
be implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing CDBG funds pertaining to this MOU. In the event of
curtailment or non - production of said federal funds, the financial sources necessary to continue
to pay PARKS all or any portions of the funds will not be available. In that event, the COUNTY
may terminate this MOU, which termination shall be effective as of the date that it is
determined by the County Manager or designee, in his -her sole discretion and judgment, that
the funds are no longer available. In the event of such termination, PARKS agrees that it will not
look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners
and /or County Administration, personally liable for the performance of this MOU, and the
COUNTY shall be released from any further liability to PARKS under the terms of this MOU.
3.6 INDEMNIFICATION - Intentionally left blank.
3.7 GRANTEE RECOGNITION /SPONSORSHIPS
PARKS agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of the sponsorships of the Program, research reports and similar public notices
prepared and released by PARKS for, on behalf of, and /or about the Program shall include the
statement:
"FINANCED 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 PARKS. This design concept is
intended to disseminate key information regarding the development team as well as Equal
Housing Opportunity to the general public. Construction signs shall comply with applicable
COUNTY codes.
3.8 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.39, this MOU may also be terminated for convenience
by either the Grantee or PARKS, in whole or in part, by setting forth the reasons for such
termination, the effective date, and, in the case of partial terminations, the portion to be
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terminated. However, if in the case of a partial termination, the Grantee determined that the
remaining portion of the award will not accomplish the purpose for which the award was made,
the Grantee may terminate the award in its entirety.
The following actions or inactions by PARKS shall constitute a Default under this MOU:
A. Failure to comply with any of the rules, regulations or provisions referred to herein, or
such statutes, regulations, executive orders, and HUD guidelines, policies or directives as
may become applicable at any time;
B. Failure, for any reason, of PARKS to fulfill in a timely and proper manner its obligations
under this MOU;
C. Ineffective or improper use of funds provided under this MOU; or
D. Submission by PARKS to the Grantee reports that are incorrect or incomplete in any
material respect.
E. Submission by PARKS of any false certification;
F. Failure to materially comply with any terms of this MOU; and
G. Failure to materially comply with the terms of any other agreement between the County
and PARKS relating to the project.
In the event of any default by PARKS under this MOU, the County may seek any combination of
one or more of the following remedies:
A. Require specific performance of the MOU, in whole or in part;
B. Require the use of or change in professional property management;
C. Require immediate repayment by PARKS to the County of all CDBG funds PARKS has
received under this MOU;
D. Apply sanctions if determined by the County to be applicable;
E. Stop all payments until identified deficiencies are corrected;
F. Terminate this MOU by giving written notice to PARKS of such termination and
specifying the effective date of such termination. If the MOU is terminated by the
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County as provided herein, PARKS shall have no claim of payment or claim of benefit for
any incomplete project activities undertaken under this MOU.
3.9 REVERSION OF ASSETS
In the event of a termination of this MOU and in addition to any and all other remedies available
to the COUNTY (whether under this MOU or at law or in equity) PARKS shall immediately
transfer to the COUNTY any property on hand at the time of termination (or expiration) and any
accounts receivable attributable to the use 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 PARK'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). Regulations regarding
equipment are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
3.10 INSURANCE
PARKS shall not commence any work and /or services pursuant to this MOU until all insurance
required as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and carried, at all
times during its performance.
3.11 ADMINISTRATIVE REQUIREMENTS
PARKS agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope
of Work (Part 1), the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the
Community Development Block Grants (24 CFR 570 et seq.).
3.12 PURCHASING
PARKS is required to follow Federal Procurement standards at (2 CFR 200.318 through .326) and
Collier County's purchasing thresholds.
Range:
Competition Required
$0 -3,000
1 Quote
$3,000 - $10,000
3 Written Quotes
$10,000 - $50,000
3 Written Quotes
$50,000+
1 Bids, Proposals, Contracts (ITB, RFP, etc)
3.13 PROGRAM GENERATED INCOME
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Any "Program Income" (as such term is defined under applicable Federal regulations) gained
from any activity of PARKS funded by CDBG funds shall be reported to the COUNTY through an
annual program income re -use plan, utilized by PARKS accordingly, and shall be in compliance
with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program.
3.14 GRANT CLOSEOUT PROCEDURES
PARK'S obligation to the COUNTY shall not end until all closeout requirements are completed.
PARKS may close out the project with the County after the year affordability period has been
met, if applicable. Activities during this closeout period shall include, but not be limited to:
making final payments, disposing of program assets (including the return of all unused
materials, equipment, program income balances, and receivable accounts to the COUNTY), and
determining the custodianship of records. In addition to the records retention outlined in Part
2.2, PARKS shall comply with Section 119.021, Florida Statutes regarding records maintenance,
preservation and retention. A conflict between state and federal law records retention
requirements will result in the more stringent law being applied such that the record must be
held for the longer duration. Any balance of unobligated funds which have been advanced or
paid must be returned to the COUNTY. Any funds paid in excess of the amount to which PARKS
is entitled under the terms and conditions of this MOU must be refunded to the COUNTY. PARKS
shall also produce records and information that complies with Section 215.97, Florida Single
Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343.
3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
PARKS 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 MOU on the basis of
race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of
evidence of such discrimination, the COUNTY shall have the right to terminate this MOU.
To the greatest extent feasible, lower- income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. PARKS shall comply with Section 3 of the
Housing and Community Development Act of 1968.
3.16 OPPORTUNITITES FOR SMAL AND MINORITY /WOMEN OWNED BUSINESS ENTERPRISES
PARKS will use its best efforts to afford small businesses, minority business enterprises, and
women's business enterprises the maximum practicable opportunity to participate in the
performance of this contract. As used in this contract, the terms "small business" means a
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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 at least fifty -
one (51) percent owned and controlled by minority group members or women. For the purpose
of this definition, "minority group members" are Afro - Americans, Spanish- speaking, Spanish
surnamed or Spanish- heritage Americans, Asian- Americans, and American Indians. PARKS may
rely on written representations by businesses regarding their status as minority and female
business enterprises in lieu of an independent investigation.
3.17 PROGRAM BENEFICIARIES
At least fifty -one percent (51 %) of the beneficiaries of a project funded through this MOU must
be low- and moderate- income persons or presumed to be low to moderate income persons
based on applicable regulation, if the MOU is meeting a national objective through a LMI
strategy. If the project is located in an entitlement city, as defined by HUD, or serves
beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted
under this MOU 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 MOU.
3.18 AFFIRMATIVE ACTION
PARKS agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an
Affirmative Action Program in keeping with the principles as provided in President's Executive
Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to
PARKS to assist in the formulation of such program. PARKS shall submit a plan for an Affirmative
Action Program for approval prior to the award of funds. The Affirmative Action will need to be
updated throughout the five year period and must be submitted to County within 30 days of
update /modification.
3.19 CONFLICT OF INTEREST
PARKS covenants that no person under its employ who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the Project areas or any parcels therein, which would conflict in any manner or
degree with the performance of this MOU and that no person having any conflict of interest
shall be employed by or subcontracted by PARKS. PARKS covenants that it will comply with all
provisions of 24 CFR 570.611 "Conflict of Interest ", and 2 CFR 200.318, and the State and County
statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible
conflict of interest on the part of PARKS or its employees shall be disclosed in writing to CHS
provided, however, that this paragraph shall be interpreted in such a manner so as not to
unreasonably impede the statutory requirement that maximum opportunity be provided for
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employment of and participation of low and moderate - income residents of the project target
area.
PARKS 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 PARKS. The COUNTY may review the proposed contract to
ensure that the contractor is qualified and that 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 PARKS' ability to self- manage the projects using its own employees. Any possible conflict
of interest on the part of PARKS or its employees shall be disclosed in writing to CHS provided,
however, that this paragraph shall be interpreted in such a manner so an 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.
3.20 RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200(j). PARKS shall
comply with First Amendment Church /State principles as follows:
A. It will not discriminate against any employee or applicant for employment on the basis
of religion and will not limit employment or give preference in employment to persons
on the basis of religion.
B. It will not discriminate against any person applying for public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion.
C. It will retain its independence from Federal, State and local governments and may
continue to carry out its mission, including the definition, practice and expression of its
religious beliefs, provided that it does not use direct CDBG funds to support any
inherently religious activities, such as worship, religious instruction or proselytizing.
D. The funds shall not be used for the acquisition, construction or rehabilitation of
structures to the extent that those structures are used for inherently religious activities.
Where a structure is used for both eligible and inherently religious activities, CDBG
funds may not exceed the cost of those portions of the acquisition, construction or
rehabilitation that are attributable to eligible activities in accordance with the cost
accounting requirements applicable to CDBG funds in 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.
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3.21 INCIDENT REPORTING
If services to clients are to be provided under this MOU, PARKS and any subcontractors shall
report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged
person, or disabled adult to the County.
3.22 SEVERABILITY
Should any provision of the MOU be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
http://www.law.cornell.edu/cfr/text/24/part-570
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link:
http: / /www.ecfr.gov /cgi- bin /text- idx? c= ecfr& tpl=/ ecfrbrowse /Title24 /24cfr58_main_02.tp1
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended
http : / /portal.hud.gov /hudportal/ HUD ?src = /program_ offices /fair_housing_equal_opp /FH
Laws /109
4.4 The Fair Housing Act (42 U.S.C. 3601 -20) Reasonable Accommodations Under the Fair Housing
Act. http• / /www.hud.gov/ offices /fheo /library /huddoistate me nt. pdf
E.O. 11063 — Equal Opportunity in Housing
http://Portal.hud.gov/hudportal/HUD?src=/Program offices /fair housing equal opp /FH
Laws /EXO11063
E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs
http: / /www.archives.gov /federal- register/ codification /executive- order /12259.htmi
24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O.
http://www.law.cornell.edu/cfr/text/24/part-107
4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as
amended
http : / /portal.hud.gov /hudportal/ HUD ?src= /program_ offices /fair_housing_equal_opp /prog
desc /title8
4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
http:/ /www.gpo.gov /fdsys /pkg /CFR- 2007 - title24 -vol3 /pdf /CFR- 2007 - title24- vol3- sec570-
602. pdf
4.7 Executive Order 11246 ( "Equal Employment Opportunity "), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
http: / /www.eeoc.gov /eeoc/ history /35th /thelaw /eo- 11246.html
EO 11375 and 12086: see item #8 below
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4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972, 42 USC § 2000e, et. seq. PARKS will, in all solicitations or advertisements for employees
placed by or on behalf of PARKS, state that it is an Equal Opportunity or Affirmative Action
employer. http://www.eeoc.gov/laws/statutes/titlevii.cfm
4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all
applicable rules and orders issued hereunder prior to the execution of this contract, shall be a
condition of the Federal financial assistance provided under this contract and binding upon the
COUNTY, PARKS and any of PARKS' Sub-recipients and subcontractors. Failure to fulfill these
requirements shall subject the COUNTY, PARKS and any of PARKS' Sub-recipients and
subcontractors, their successors and assigns, to those sanctions specified by the MOU through
which Federal assistance is provided. PARKS certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
PARKS further agrees to comply with these "Section 3" requirements and to include the
following language in all subcontracts executed under this MOU:
"The work to be performed under this MOU is a project assisted under a program providing
direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of
the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3
requires that to the greatest extent feasible opportunities for training and employment be given
to low- and very low-income residents of the project area, and that contracts for work
in connection with the project be awarded to business concerns that provide economic
opportunities for low- and very low-income persons residing in the metropolitan area in which
the project is located."
PARKS further agrees to ensure that opportunities for training and employment arising in
connection with a housing rehabilitation (including reduction and abatement of lead-based
paint hazards), housing construction, or other public construction project are given to low- and
very low-income persons residing within the metropolitan area in which the CDBG-funded
project is located; where feasible, priority should be given to low- and very low-income persons
within the service area of the project or the neighborhood in which the project is located, and to
low- and very low- income participants in other HUD programs; and award contracts for work
undertaken in connection with a housing rehabilitation (including reduction and abatement of
lead- based paint hazards), housing construction, or other public construction project to
business concerns that provide economic opportunities for low- and very low-income persons
residing within the metropolitan area in which the CDBG-funded project is located; where
feasible, priority should be given to business concerns that provide economic opportunities to
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low- and very low-income residents within the service area or the neighborhood in which the
project is located, and to low-and very low-income participants in other HUD programs.
PARKS certifies and agrees that no contractual or other legal incapacity exists that would
prevent compliance with these requirements. http://www.ecfr.gov/cgi- bin/text-
idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135_main_02.tpl
4.10 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975 - http://www.dol.gov/oasam/regs/statutes/age_act.htm
11063:http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_o
pp/FH Laws/EX011063
11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html
11375:Amended by EO 11478
11478: http://www.archives.gov/federal-register/codification/executive-order/11478.html
12107: http://www.archives.gov/federal-register/codification/executive-order/12107.html
12086: http://www.archives.gov/federal-register/codification/executive-order/12086.html
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
Section 504: http://www.epa.gov/civilrights/sec504.htm
29 USC 776: http://law.onecle.com/uscode/29/776.html
24 CFR 570.614: http://www.law.cornell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
http://www.fhwa.dot.gov/realestate/ua/index.htm
4.15 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use
of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act.
HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC
276a and 24 CFR 135.11(c).
29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed in
whole or in part byLoans or Grants from the United States-
http://www.law.cornell.edu/cfr/text/29/pa rt-3
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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) http://www.law.cornell.edu/cfr/text/29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally
assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 -which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise http://www.mbda.gov/node/333
HUD Circular Letter 79-45
4.17 PARKS agrees to comply with the non-discrimination in employment and contracting
opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised
by Executive Order 13279. The applicable non-discrimination
provisions in Section 109 of the HCDA are still applicable.
24 CFR 570.607: http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vo13/pdf/CFR-2010- title24-
vol3-sec570-608.pdf
E.O. 13279: http://fedgovcontracts.com/pe02-192.htm
4.18 Public Law 100-430-the Fair Housing Amendments Act of 1988.
http://www.ncbi.nlm.nih.gov/pubmed/12289709
4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
4.20 Immigration Reform and Control Act of 1986
http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html
4.21 Prohibition Of Gifts To County Employees- No organization or individual shall offer or give,
either directly or indirectly,any favor,gift, loan,fee, service or other item of value to any County
employee, as set forth in Chapter 112, Part III, Florida Statutes,Collier County Ethics Ordinance
No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes-
http://www.lawserver.com/law/state/florida/statutes/florida_statutes_chapter_112_part_iii
Collier County-
http://bccsp0l/Site Directory/ASD/H R/la bor/CMAs/Sha red%20Docu me nts/CMA%205311.1%
2 0St a n d a rd s%20of%20Co n d u ct.pd f
4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the
Contract Documents, the terms of the MOU shall take precedence over the terms of all other
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Contract Documents, except the terms of any Supplemental Conditions shall take
precedence over the MOU. 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
MOU, the conflict shall be resolved by imposing the more strict or costly obligation under the
Contract Documents upon the Contractor at Owner's discretion.
this MOU against the other partyrelatingto
4.23 Venue-Any suit of action brought by either party tot s g
or arising out of this MOU 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).
4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this MOU to
resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall
be attended by representatives of PARKS with full decision-making authority and by COUNTY'S
staff person who would make the presentation of any settlement reached during negotiations to
COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any
litigation between the parties arising out of this MOU, the parties shall attempt 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 § 44.102, Florida Statutes. The litigation
arising out of this MOU shall be Collier County, Florida, if in state court and the US District Court,
Middle District of Florida, if in federal court. BY ENTERING INTO THIS MOU, COLLIER COUNTY
AND PARKS EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF
ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS MOU.
http://www.flsenate.gov/Laws/Statutes/2010/44.102
4.25 PARKS agrees to comply with the following requirements:
a. Clean Air Act,41 USC 7401, et seq. http://www.law.cornell.edu/uscode/text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
http://www.Iaw.cornell.edu/uscode/text/33/chapter-26
4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K), PARKS 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. http://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2
4:3.1.1.3.4.11.1.6&id no=24
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CD14—13 IDIS#500
DESIGN&Engineering for Expansion OF Fitness Center Page 25
1 6 0 5
4.27 PARKS agrees that any construction or rehabilitation of residential structures with assistance
provided under this contract shall be subject to HUD Lead- Based Paint Poisoning Prevention Act
found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text-idx?
c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=24:3.
1.1.3.4.11.1.9&idno=24
4.28 PARKS 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 MOU.
http://www.nps.gov/history/local-law/nhpa1966.htm http://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800_m a in_02.tpl
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. http://www.nps.gov/history/local-
law/nhpa1966.htm
4.29 PARKS must certify that it will provide drug-free workplaces in accordance with the Drug-Free
Workplace Act of 1988 (41 USC 701).
http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242870
4.30 PARKS certifies that neither it, nor its principals, is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by
any Federal Department or agency; and,that PARKS 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. http://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2
4:3.1.1.3.4.11.1.10&i d n o=24
4.31 PARKS 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 et seq.
4.32 Audits shall be conducted in accordance with 2 CFR 200.501 annually and shall be submitted to
the County eighty (180) days after the end of PARKS' fiscal year. PARKS shall comply with
the requirements and standards of OMB A-133, Audits of States, Local Governments, and Non-
Profit Organizations. If this MOU is closed out prior to the receipt of an audit report,the
Collier County Parks and Recreation Division
CD14—13 IDIS#500
DESIGN&Engineering for Expansion OF Fitness Center Page 26
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COUNTY reserves the right to recover any disallowed costs identified in an audit after such
closeout. http: / /www.whitehouse.gov /omb/ circulars/ al33_compliance_supplement_2011
Clarification of Eligible Audit Costs
The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost
certification of costs performed by a certified public accountant. This has always been an
eligible cost; the amendment clarifies and codifies this.
http://www.law.cornell.edu/cfr/text/24/92.206
4.33 Any real property acquired by PARKS for the purpose of carrying on the projects stated herein,
and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of
CDBG including, but not limited to, the provisions on use and disposition of property. Any
real property within PARKS control, which is acquired or improved in whole or part with CDBG
funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505.
http: / /www.fhwa. dot.gov /realestate /ua /index.htm
http://www.law.cornell.edu/cfr/text/49/24.101
http://cfr.vlex.com/vid/570-505-use-real-property-19928754
4.34 As provided in § 287.133, Florida Statutes by entering into this MOU or performing any work in
furtherance hereof, PARKS certifies that it, its affiliates, suppliers, subcontractors and
consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida
Statutes. http: / /www.lawserver.com /law/ state /florida/ statutes /florida_statutes_287 -133
4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form -LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award
documents for all sub - awards at all tiers (including subcontracts, sub - grants, contracts under
Collier County Parks and Recreation Division
CD14 —13 IDIS# 500
DESIGN & Engineering for Expansion OF Fitness Center Page 27
1 6 0 5
grants, loans, and cooperative agreements) and that all RECIPIENTS shall certify and disclose
accordingly.
4.36 4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA)
per diem rates in effect at the time of travel.
4.37 Any rule or regulation determined to be applicable by HUD.
4.38 Florida Statutes 713.20, Part 1,Construction Liens
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-
0799/0713/0713.html
4.39 Florida Statutes 119.021 Records Retention
http://www.lawserver.com/law/state/florida/statutes/florida_statutes_119-021
4.40 Florida Statutes, 119.071, Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-
0199/0119/Sections/0119.07.html
(Signature Page to Follow)
Collier County Parks and Recreation Division
CD14—13 IDIS#500
DESIGN&Engineering for Expansion OF Fitness Center Page 28
16D5
SIGNATURES:
Each part to this MOU has caused it to be executed effective this-zl-+day of 20VS .
Kimberley Grant
Director
Collier County Housing and Human Services
Division
Barry Willi6ms
Director
Collier County Parks & Recreation Division
"I
Steve Carvell
Administrator
Collier County Public Services Department*
** *Steve Carnell is signing as the Administrator of
the Department and the Divisions represented on
this document. * **
Collier County Parks and Recreation Division
CD14 —13 IDIS# 500
DESIGN & Engineering for Expansion OF Fitness Center
Date
0 s�oy�
Date
.5107 115
Date
Approved as to form and
jesality
C.ou„ on>th►
4 �3o'►S
Page 29
J
al
PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
PARKS shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami
Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that
meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability including products and completed operations insurance in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit
for combined Bodily Injury and Property Damage. Collier County shall be named as an additional
insured.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of PARKS or the licensed design professional
employed by PARKS in an amount not less than $1,000,000 per occurrence /$1,000,000
aggregate providing for all sums which PARKS and /or the design professional shall become
legally obligated to pay as damages for claims arising out of the services performed by PARKS or
any person employed by PARKS in connection with this contract. This insurance shall be
maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier
County shall be named as an additional insured.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1— 4 above, PARKS shall provide or cause its Subcontractors to
provide original certificates indicating the following types of insurance coverage prior to any
construction:
Collier County Parks and Recreation Division
CD14 —13 IDIS# 500
DESIGN & Engineering for Expansion OF Fitness Center Page 30
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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 PARKS.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001), PARKS shall assure that for activities located in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under
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 contract:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit
for combined Bodily Injury and Property Damage. Collier County as an additional insured.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred
(100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee
with respect to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full
replacement values of the structure(s) or the maximum amount of coverage available through
the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss
Payee A.T.I.M.A.
Collier County Parks and Recreation Division
CD14 —13 IDIS#f 500
DESIGN & Engineering for Expansion OF Fitness Center Page 31
EXHIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Recipient Name: Collier County Park and Recreation Division
Recipient Address: 15000 Livingston Road, Naples, FL 34109
Project Name: Design & Engineering for Expansion of Sports Complex Fitness Center
Project No: CD14 -13 IDIS #500 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
Grant Amount Awarded
Sum of Past Claims Paid on this Account
Total Grant Amount Awarded Less Sum of Past
Claims paid on this Account
Amount of Previous Unpaid Requests
Amount of Today's Request
10% Retainage Amount Withheld
Current Grant Balance (Initial Grant Amount
Awarded Less Sum of all requests)
16D5
I certify that this request for payment has been made in accordance with the terms and conditions of
the MOU between the COUNTY and PARKS as the recipient. To the best of my knowledge and belief, all
grant requirements have been followed.
Signature
Title
Authorizing Grant Coordinator
Supervisor
(Approval required $15,000 and above)
Date
Authorizing Grant Accountant
Division Director
(Approval Required $15,000 and above)
Collier County Parks and Recreation Division
CD14 —13 IDIS# 500
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EXHIBIT C
QUARTERLY PERFORNIANCE REPORT DATA
GEIERAL
Grantee is required to submit to HUD,through the Integrated Disbursement and 1nfomiation
System("IDIS")Per&rmance Reports.The Courty reports informatio n on a quarterly basis To
facilitate in the preparation°f sudi reports,Subrecipient shall submit the information contained
herein within ten(10)days of the end of each calendar quarter.
QUARTERLY PROGRESS REPORI
Sub-recipents:Please 01 in the folio/tin shaded arm of the report
Collier County Parka and Recreation Dittion
Project Title:Delta. Ensimeerims for the Expamsion of iturnokalet Sporn Complea Timm Center
Akerson
Prosrain Contact: Barry Wiliness,Director Cositest:Natoli Besmear
Telephone Number:151-1035 or 2514WP
Activity Reporting Period Report Due Date
October 1"-December 31" January IS"
January 31"-March 31" April IOe
April 1"-June 30"- July 1CC"
July l'-September 30" October 1O
Please take nom:Each scsseteit ftp3e.needs so incfsde bei.emnim;from tt=I az:recent dile
Please list the 4$13inn,t soshal from soar apored aprelication imb-recinient apreantemt and intimate your prostest in interims
L these seak slate the beszittaa. of the weenie-mt.
Oucceeme Gook: list =acne posl(s;frotra yore spA:co.ked ip*Es= /pit=4.,^Pftzrect.
Outcome I:Completion of Design&Eugineenue Activities for the Expaosion of the Immokalee Sports Complex Fitness Cent
Outcome 2:Completion of ERP
Outcome 3:Docamentation of national objective achievenwt :1-1111-MA
Outcome 4:
Outcome 5:
Outcome d:
Outcome 7:
Collier County Parks and Recreation Division
CD14-13 IDIS#500
DESIGN&Engineering for Expansion OF Fitness Center Page 33
1 6 0 5
a.Goal Prowess:Soar sae lot-ogress b3 dax txeties tact antnoixte ua
•
•
•
qs rte- F!6P z
•
is bait proiatt st#1;in ecovelsost iRatit bYe rltilio ittaa vilest a rleMl
•w_ rot
'g'ey i't9
3. sift actotwir t. ,et tiittix4reints eeltetwct'.how litanty.--
a a ia3e a;an cols(cv service o;txoef
�-
now tea inviovid ac-Cres iCS13S sett.^ce c..t.efe
C s receive a xxti a cr t enefe i tm ionget sabsaa inod7
TOTAL: 0
#. *Ott forts' .
Otte C cmxoisdaxd?too Bzotts CDBG
Comer Ftderal Bands E3 i
Stat+Lxa3 fps H{ E
Zeal
Eatiskiment
Tura/Oilier Fad E O.0) Fiords 10-00
Collier County Parks and Recreation Division
CD14—13 IDIS#500
DESIGN&Engineering for Expansion OF Fitness Center Page 34
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What Is irsa tonal Insseribea or tideOlafttiOdiTED ,at; esensid this unientes, at residainunled
& Taal al lash ismalat marmot, Teal Nha f1O1U,OC samad urea Li Taal
at. Tate cc mesh sae'a marmai. af=aka aam. sad=Li
e Teta NO,et larmees Sem099 TVA hie el*mere mead em rea.serise
What la loot tots attaltbaer Of UNDUPLICATED allamite atemed ICAO DACIA& laudionsiblea
& Tsai:same. afaish fare.".. sarr,
IL
Tc cfcc,k 1.-4 raza=1..= ma:. manse mai.Li,
9, Tam::Cs f ho.a sam-si Taal Ns aflanes' of hessiashi
c....14.ft ZIT HER easteas 47 Olt CI-Came= qssavace r..7 )car pms3ssen. ak...f tar,. &Are is masa sr nags of alms lastaL 17.7D Prase:el t=ea
DO NOT COMPLETE ROT li OLTST iiTi; 'A'T
PEDICURE) 1391ADOIARY antes: I i OTHER gdersdiendegir eATagii4come RAHale
*oxalis= if rmccrl...tetarD
CC * a9OaCo
NIA mash= sf L7h1.9DPIJC.1 TED rammer
rale." aam sal ahasm Gather wit fail Ams AA
marvel mama Ocaker I aria fall NUS Ask Acsare At:marry
prermsammi irarale samsetry le :arc! rhaeli ague,
&cream as: Depart as:
Abased Ctileiren Nameless IP-urgently SYNV Income (S-10%)
Person Besse red Spouses Lone Loosen* (3,1-,l0%)
Persons .or ETV iIS !Melly Moderate 'gnome (5140%)
Pers Veterans Move Moderate Income (o,3,0%)
conically Menially a
Parysically Disabled Adalls
Diber-troutb
TOTAL 0 TOTAL:
'Rafael &Ennuis Data: pennonmeinese - ,
PI .cind.ioato hew DNEMUPI_ICA.TED Aisne;served mincc Owhalmer fall lamas each racm camera rm.:,Ira saliftiama to each
00000t000n,plsaic ind4catc ho,, roan, perIon.ii,cook rags cato;ory carnidcr Acmidn. Hnponic (Total Roccalaros
rho aid equal the total cell).
!UZI ETICOO1 TY
Wass
Els&eke= Junes... whs., harm essa,... ID,r;....e cl
veva. have ass.: se Dra;saas, sf
A211.5=11 Insit=..e=frat witsm. 1.sevi• ==; = 17,27== al
Namms Ihnvataa Deer Parmis lahareer
SiCfl CCW It qrc' Cf
Asnelczam lair=,atmmhma Nmerms is Wire mese,. hc-or = Davemel af
Seek Aireas. Axeca4csaii Vturc
Asa him=aharks Yaw,A klack A9-mac arra
P. CCt, CI Cat 00 .c;CCCS
hhthmemesei
Tsui: 0
Ti co o
Naas
Mee
E.343.1.=
Collier County Parks and Recreation Division
CD14—13 IDIS#500
Page 35
DESIGN&Engineering for Expansion OF Fitness Center
1 6 D 5
EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
Complete form, and retain appropriate supporting documentation, to document providing CDBG
assistance to an eligible beneficiary. Please file in your organization's records and have on hand for
future monitoring visits.
Effective Date:
A. Household Information
Member Names—All Household Members Relationship 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 Cash Value of Assets B(a) 0.00 _■
Total Income from Assets B(b) 0.00
If line B(a) is greater than $5,000, multiply that amount by the rate
specified by HUD (applicable rate 2.0%) and enter results in B(c),otherwise
leave blank. B(c)
Collier County Parks and Recreation Division
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1605
C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf
of Minors
Member Wages/ Benefits Public Other
Salaries / Assistance Income
(include tips, Pensions Asset
commissions, Income
bonuses, and
nunrtimpl (Enter the
1 greater of
2 box B(b) or
3 box B(c),
4 above, in
5 box C(e)
6 below)
7
8
Totals (a) (b) (c) (d) (e)
0.00 0.00 0.00 0.00
Enter total of items C(a)through C(e). 0.00
This amount is the Annual Anticipated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. I/we have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. I/we certify that the statements are
true and complete to the best of my/our knowledge and belief and are given under penalty
of perjury.
WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations
concerning income and assets or liabilities relating to financial condition is a misdemeanor of the
first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083.
Signature of Head of Household Date
Signature of Spouse or Co-Head of Household Date
Adult Household Member(if applicable) Date
Adult Household Member(if applicable) Date
Collier County Parks and Recreation Division
CD14—13 IDIS#500
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1 6 0 5
E. CDBG Grantee Statement: Based on the representations herein, the family or
individual(s) named in Item A of this Income Certification is/are eligible under the
provisions of the CDBG Program. The family or individual(s)constitute(s) a:
❑ Very-Low Income (VLI) Household means and individual or family whose annual income
does not exceed 30 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 $ ).
❑ Low Income (LI) Household means and individual or family whose annual income does
not exceed 50 percent of the area median income as determined by the U.S.
Department of Housing and Urban Development with adjustments for household size.
(Maximum Income Limit $ ).
Moderate Income (MOD) Household means and individual or family whose annual
income does not exceed 30 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 upon the (year) income limits for the Naples-Marco Island Metropolitan
Statistical Area (MSA)of Collier County, Florida.
Signature of the CDBG Administrator or His/Her Designated Representative:
Signature Date
Printed Name Title
F. Household Data
Number of Persons _
By Race /Ethnicity By Age
Native
American Asian Black Hawaiian or White Ooh 05 40 61 62+
Indian Other Pac.
Islander
Hispanic
Non-
Hispani
NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No
beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not
affect any right he or she has to the CDBG program.
Collier County Parks and Recreation Division
CD14—13 IDIS#500
DESIGN&Engineering for Expansion OF Fitness Center Page 38
1605
EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
I
E+£HIBT
ANNUAL AUDIT MONITORING REPORT
OMB Circular A-133 ,Audits of States, Local Governments, and Non-Profit Organisation
requires the Collier County Community & Human Services Department to monitor our
subrectpients of federal awards and determine whether they have net the audit requirements
of the circular ari`d Whether they are in compliance with federal las and regulations. Accordingly,
we are requiring that you check one of the following, provide all appropriate documentation
regarding your orgariiza,orfs compliance with the audit requirements,sign and date this form,
Oubrecipient Fiscal Year
Name Period
Total State Financial Assistance Expenaed duri=ng
most recently cc rpleted Fiscal year,
Total Federal Financial Assistance Expended dung most
recently completed Fiscal Year
Check Appropriate Boxes
E W e have exceeded the$750„000 federallstate expenditure threshold for our fiscal
year ending as indicated above and have completed our Circular A-133 audit. A copy
of the audit report and management letter are attached.
We exceeded the 3750,0D0 federal/state expenditure threshold for our fiscal year
ending as indicated above and expect to complete our Circular A-133 audit by
. Within 30 days of completion of the A-133 audit,we will provide a
copy of the audit report and management letter.
We are not subject to the requirements of OMB Circular A-133 because we:
n Did not exceed the S500,000 federa£rte expenditure threshold for the fiscal
year indicated above
Are a for-profit organition
in Are exempt for other reasons explain _
An audited financial statements is attached and if applicable,the independent auditor's
management letter.
(If findings were noted,please enclose a copy of the responses and corrective action plait)
Certification Statement
I hereby certifyhat the ab.:'a information is true and accurate.
Signature Date
Print flame and Title
This form may be used to monitor Florida Single Audit Act(Statute 215.97)requirements.
Collier County Parks and Recreation Division
CD14—13 IDIS#500
DESIGN&Engineering for Expansion OF Fitness Center Page 39