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Agenda 09/30/2002 CRA COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AGENDA September 30, 2002 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. PLEDGE OF ALLEGIANCE 2. ADOPTION OF AGENDA 3. BRIEF ADDRESS (5 MINUTES EACH) FROM EACH ADVISORY BOARD CHAIRMAN - BILL NEAL, BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD AND FRED N. THOMAS, JR., IMMOKALEE LOCAL REDEVELOPMENT ADVISORY BOARD. 4. STAFF UPDATES AND REPORT 5. GENERAL ITEMS FOR CONSIDERATION A. Recommendation that the Community Redevelopment Agency (CRA) support the travel of one advisory board member from each of the 1 September 30, 2002 Redevelopment Areas to the Florida Redevelopment Association Annual Conference in October 2002. BAYSHORE/GATEWAY TRIANGLE COMPONENT REDEVELOPMENT AREA ITEMS Recommendation that the Community Redevelopment Agency (CRA) authorize the development and implementation of a comprehensive overlay plan that addresses specific development standards and provides a vision for the redevelopment of the Bayshore/Gateway Triangle. Recommendation that the Community Redevelopment Agency authorize Staff to initiate Phase II of the Bayshore Drive Mixed Use Zoning Overlay which is within the Bayshore/Gateway Triangle Redevelopment Area. Recommendation that the Community Redevelopment Agency approve the expansion of the Waterfront Subdistrict of the Bayshore Drive Mixed Use Zoning Overlay to include four additional lots located on Bayview Drive which is within the Bayshore/Gateway Triangle Redevelopment Area. Recommendation that the Collier County Community Redevelopment Agency (CRA) approve and authorize CRA Chairperson to sign an agreement with Collier County for a drainage and sidewalk improvement project on Linwood Avenue using $329,046 of Collier County's Community Development Block Grant (CDBG) funding. 7. IMMOKALEE COMPONENT REDEVELOPMENT AREA ITEMS Recommendation that the Community Redevelopment Agency (CRA) authorize staff to evaluate the impact of current Land Development Regulations on the Immokalee Community. Recommendation that the Collier County Community Redevelopment Agency (CRA) approve and authorize CRA Chairperson to sign an agreement with Collier County for the installation and/or upgrade of approximately 45 streetlights in Immokalee using $60,000 of Collier County's Community Development Block Grant (CDBG) funding. 8. ADJOURN INQUIRIES CONCERNING CHANGES TO THE CRA'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 2 September 30, 2002 COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY CRA AGENDA ITEM 5A September 30, 2002 RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY SUPPORT THE TRAVEL OF ONE ADVISORY BOARD MEMBER FROM EACH OF THE REDEVELOPMENT AREAS TO THE FLORIDA REDEVELOPMENT ASSOCIATION ANNUAL CONFERENCE IN OCTOBER 2002. OBJECTIVE: For the CRA to support the travel of one advisory board member from each of the redevelopment areas to the Florida Redevelopment Association Annual Conference from October 16-18, 2002. CONSIDERATIONS: On August 7, 2002, the Bayshore / Gateway Triangle Local Redevelopment Advisory Board in a unanimous vote agreed to recommend that Bill Neal, chairman of the above- mentioned committee, attend the Florida Redevelopment Association Annual Conference in October. On July 25, 2002, a unanimous vote was carried by the Immokalee Local Redevelopment Advisory Board to transfer funds from Reserves to allow Clara Ayala, member of the above-named committee to attend the Florida Redevelopment Association Annual Conference in October. FISCAL IMPACT: The fiscal impact would be the cost associated with travel, lodging, and registration. The sum amount expended in sending these two individuals will be $1360, paid from Funds 186 and 187, with per diem and mileage yet to be determined. GROWTH MANAGEMENT IMPACT.: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. ADVISORY BOARD AND PLANNING SERVICES RECOMMENDATION: The Bayshore / Gateway Triangle Local Redevelopment Advisory Board and the Immokalee Local Redevelopment Advisory Board have unanimously agreed to send Bill Neal and Clara Ayala, respectively, to the Florida Redevelopment Association Annual Conference, and have agreed to utilize CRA funds to do this. -1- pREPARED BY: SUSAN M. SEE ? PLANNING TECHNICIAN COMPREHENSIVE PLANNING SECTION REVIEWED BY: .fou o ' PRINCIPAL PLANNER COMPREHENSIVE PLANNING SECTION September 17, 2002. DATE DATE STAN LITSINGER, AIGP' . COMPREHENSIVE PLANNING MANAGER ~E~EWED BY: / / / M'AR~ARE~'IW U ERSTLE, AICP PLANNINg'SERVICES DEPARTMENT DIRECTOR ~ ,-/'7-' d..~-- DATE DATE /J~)SEPH K.'SCHMITT DATE / ~DMINISTRATOR ~:~MMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES -2- COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY CRA AGENDA ITEM 6A September 30, 2002 RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZE THE DEVELOPMENT AND IMPLEMENTATION OF A COMPREHENSIVE OVERLAY PLAN THAT ADDRESSES SPECIFIC DEVELOPMENT STANDARDS AND PROVIDES A VISION FOR THE REDEVELOPMENT OF THE BAYSHORF_JGATEWAY TRIANGI ~=~ OBJECTIVE: To have the Community Redevelopment Agency authorize the creation of a comprehensive development overlay that would codify redevelopment standards and provide a clear vision for the Bayshore/Gateway Triangle Redevelopment Area. CONSIDERATIONS: In June 2000, the Board of County Commissioners adopted the Collier County Community Redevelopment Plan, which lays out the framework for the physical and economic revitalization and enhancement of the community. Following adoption of the plan, the Board of County Commissioners adopted the Bayshore/Gateway Triangle Redevelopment Overlay in December 2000 as an amendment to the Future Land Use Element and the Future Land Use Map of the Collier County Growth Management Plan. This Redevelopment Overlay indicates that one or more zoning overlays will be adopted into the Collier County Land Development Code to aid in the implementation of the Overlay. The adopted Redevelopment Plan identifies zoning overlays as an available redevelopment tool. On September 11, 2002, the Bayshore/Gateway Triangle Local Redevelopment Advisory Board discussed the need for a master overlay plan covering the entire redevelopment area. This recommended overlay represents a detailed extension of the current Redevelopment Plan by actually codifying specific development standards. The Advisory Board identified this need because current standards do not support the goals and objectives of the redevelopment plan and in some cases preclude many valuable projects from occurring. For example, the redevelopment plan calls for architectural design reflective of the Old Florida style, yet this standard is not reflected in any land development regulations. Goal of Overlay. The goal of the overlay will be to create a workable and comprehensive land development plan that specifically defines development standards and criteria for property within the redevelopment area. The scope of the plan will cover a full range of development standards. These standards would likely include, but are not limited to the following: · Reassessment of Permitted, Prohibited, Accessory and Conditional Uses · General site design standards o Placement of buildings o Placement of parking and access o Street Frontage o Pedestrian and Streetscape Improvements o Minimum and maximum building heights · Architectural and Landscaping standards · Signage and Lighting -1- · Open Space Standards Furthermore, special consideration and treatment of residential areas will be a component of the community plan. A hallmark of the plan will be the creation of a unified vision for the future of the entire Redevelopment Area. This recommendation will require the services of a Professional Planning firm that would manage the project, provide for public involvement, prepare overlay language and design services. This endeavor will result in a product that can be directly transferred into a regulatory framework for adoption by the Board of County Commissioners (e.g. Land Development Code Zoning Overlay). The community plan must be consistent with the Redevelopment Overlay adopted by the county in 2000. Any changes to the community plan that are not consistent with the Redevelopment Overlay may require the drafting of comprehensive plan amendments. OPTIONS: The CRA 'l~as two basic options available to them: 1. Support the development of a comprehensive development overlay plan for the entire redevelopment area (Recommended Option by the CRA Advisory Board). 2. Continue to develop zoning overlay plans in a piecemeal manner for select areas within the Redevelopment Area, this option is consistent with the adopted Redevelopment Plan. FISCAL IMPACT: The fiscal impact will vary depending on direction provided by the CRA. The Advisory Board recommends the expenditure of tax increment funds (TIF) by a budget amendment transfer from Fund 187 reserves to pay for this planning effort. The Advisory Board has preliminarily discussed the potential expenditure of up to $250,000 to fund this endeavor. Upon further consideration, Staff estimates that a project of this scope no. ay in fact reach $500,000+, depending on the hired consultant. The potential to use a firm that has an ongoing continuing services contract with the County may result in significant savings. The Bayshore/Gateway Triangle Redevelopment Tax Increment Fund reserves total is $746,500 for FY2003 (10/'02 - 9/'03). Hence, sufficient tax increment funds exist to pay for a project of this scope. It is important to note that an expenditure of this magnitude may affect the CRA's ability to bond monies for catalyst projects. CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN: Creation of site design standards is identified as a Phase I Hedevelopment Activity within the adopted Redevelopment Plan. The Redevelopment Plan anticipates that redevelopment activities require provision of mixed-use regulations and site design standards to encourage redevelopment. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore/Gateway Triangle, that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. -2- ADVISORY BOARD RECOMMENDATION: The Bayshore/Gateway Triangle CRA Advisory Board recommends Options No. 1. This will require a professional consultant be hired to prepare a comprehensive zoning overlay for the Redevelopment Area, using funds from Fund 187 (Bayshore/Gateway Triangle Redevelopment). PLANNING SERVICES DEPARTMENT RECOMMENDATION: Planning Services also recommends Option No. 1. The adopted Redevelopment Plan recognizes zoning overlays as an available tool to aid in the implementation of the plan. Zoning overlays are depicted for select areas within the adopted Redevelopment Plan. Furthermore, the adopted Redevelopment Plan identifies Site Design Standards as a Phase I Redevelopment Activity. Hence, Option No. 1 is consistent with the adopted Plan and merely expands the envisioned scope of zoning overlays. PREPARED BY: THOMAS '~MERLIN, PRINCIPAL PLANNER COMPREHENSIVE PLANNING SECTION (~- 7.0 - DATE STAN LITSINGER, AICP /' COMPREHENSIVE PLANNING MANAGER MARGAret WUERSTLE, AICP PLANNII~G SERVICES DEPARTMENT DIRECTOR DATE DATE AP VED BY: '~'/"~/~-- /JqSEPH K. SCHM DATE I/~MINISTRATOR t-COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES -3- COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY CRA AGENDA ITEM 6B September 30, 2002 RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY AUTHORIZE STAFF TO INITIATE PHASE II OF THE BAYSHORE DRIVE MIXED USE ZONING OVERLAY WHICH IS WITHIN THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA. OBJECTIVE: For the CRA Board to authorize staff to initiate Phase II of the Bayshore Drive Mixed Use Zoning Overlay. CONSIDERATIONS: On August 7, 2002, the Bayshore/Gateway Triangle Local Redevelopment Advisory Board in a unanimous vote agreed to recommend that the CRA direct county staff to initiate Phase II of the Bayshore Drive Mixed Use Zoning Overlay. Phase II boundaries would be from the southern border of Phase I, Barrett Avenue, to the intersection of Bayshore Drive and Thomasson Drive. The attached map shows the entire area to be studied. The width of the Phase II boundaries is indeterminate at this point, but will be decided at community meetings. The Bayshore Drive Mixed Use Zoning Overlay was approved in December 2000 to help spur redevelopment within Bayshore area neighborhoods. More specifically, it was drafted to create a traditionally designed neighborhood with a high rate of pedestrian traffic. The intent of proposed Phase II of the Bayshore Drive Mixed Use Zoning Overlay will be to continue with the principles set forth within Phase I of the overlay. Those principles were to encourage investment by the private sector by creating zoning that acts as an incentive for redevelopment. The overlay established permitted uses that are consistent with small-scale mixed-use developments that are pedestrian oriented and neighborhood friendly. Development standards were also established that would assure that the development is consistent with the vision. Direction on this item has direct linkage with the decision to support a comprehensive overlay plan. If a comprehensive overlay plan were supported there would be no need for Phase II of the Bayshore Drive Mixed Use Zoning Overlay. FISCAL IMPACT: There would be no fiscal impact at this time. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore/Gateway Triangle, that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. ADVISORY BOARD RECOMMENDATION[ The Bayshore/Gateway Triangle Local Redevelopment Advisory Board have unanimously agreed to recommend that the CRA direct county staff to initiate Phase II of the Bayshore Drive Mixed Use Zoning Overlay. PLANNING SERVICES RECOMMENDATION: Planning Services would only recommend that Phase II proceed if a comprehensive overlay is not, supported. This is because a comprehensive overlay plan would include Phase II boundaries. Since the time this recommendation was first formulated, the Advisory Board has determined that piecemeal zoning overlays would represent an inferior product over a master plan overlay. D. AARON ;L~IR~ ~' SENIOR PLANNER COMPREHENSIVE PLANNING SECTION REVIEWED BY: PRINCIPAL PLANNER COMPREHENSIVE PLANNING SECTION September 19, 2002 DATE DATE STAN LITSINGER ~ COMPREHENSIVE PLANNING MANAGER ,,-'~:~VIEWED BY: ~ i~IARGAI~F_.)I' W U E R~TL~ PLANNII~I~i SERVICES DEPARTMENT DIRECTOR DATE DATE /Jq'SEPH K. SCHMITT DATE / I~,DMINISTRATOR _ I~:;OMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES -2- ITEM 6B-Bayshore Drive Mixed Use Zoning Overlay--Phase II Study Area KELLY LUN~J~ $'~.T ~32 MH~ LAKE LAI~E as ,JEF_.P ERS DRIVE LAKE ZONE AE" (EL 9) CANTA MAR CONDO ZONE AE PUD Fq NEEIROOK ~ ~, RMF'6 ~ COTrASE GROVE: A'V~,IUE -3- COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY CRA AGENDA ITEM 6C September 30, 2002 RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY APPROVE THE EXPANSION OF THE WATERFRONT SUBDISTRICT OF THE BAYSHORE DRIVE MIXED USE ZONING OVERLAY TO INCLUDE FOUR ADDITIONAL LOTS LOCATED ON BAYVIEW DRIVE WHICH IS WITHIN THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA. OBJECTIVE: To have the CRA approve an amendment to the Waterfront Subdistrict of the Bayshore Drive Mixed Use Zoning Overlay to include four lots located on Bayview Drive. CONSIDERATIONS: On August 7, 2002, the Bayshore/Gateway Triangle Local Redevelopment Advisory Board (in a 3:2 vote) agreed to recommend that the CRA direct county staff to draft an amendment to the Waterfront Subdistrict of the Bayshore Drive Mixed Use Zoning Overlay. The amendment would expand the boundaries to include four lots located on Bayview Drive (See attached map). The Bayshore Drive Mixed Use Zoning Overlay was approved in December 2000 to help spur redevelopment within Bayshore area neighborhoods. More specifically, it was drafted to create a traditionally designed neighborhood with a high rate of pedestrian traffic. The intent of the Waterfront Subdistrict was to permit limited marina and commercial uses within specific areas. When the Bayshore Drive Mixed Use Zoning Overlay was initially developed citizens of this area specifically wanted to allow all current marinas to be able to continue to operate and possibly redevelop. The general public, on the other hand, did not want more marinas. Thus, a conclusion was made to limit the "Waterfront Subdistrict" to area's where current marinas were located. The Waterfront Subdistrict allows for all Neighborhood Commercial Subdistrict uses as well as limited marina uses. The four lots recommended for inclusion in the Waterfront Subdistrict are currently zoned residential and are developed as single-family homes. The existing Waterfront Subdistrict was overlayed onto pre-existing commercial zoning. This requested expansion would overlay onto residentially zoned land. FISCAL IMPACT: There would be no fiscal impact at this time. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore/Gateway Triangle, that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. ADVISORY BOARD RECOMMENDATION: The Bayshore/Gateway Triangle Advisory I~oard voted 3:2 for an amendment to the Waterfront Subdistrict of the Bayshore Drive Mixed Use Zoning Overlay to include the four lots located on Bayview Drive currently zoned RSF-4. PLANNING SERVICES RECOMMENDATION: The Planning Services Department does not recommend this proposed amendment to the Bayshore Drive Mixed Use Zoning Overlay Waterfront Subdistrict. Surrounding property owners do not support this amendment because the expansion would allow for all commercial uses permitted within the Neighborhood Commercial Subdistrict. The amendment would permit commercial development on residentially zoned properties located on Bayview Drive. Bayview Drive is a narrow dead-end street with no turn around, unsuitable for intense commercial development and large volumes of traffic. PREPARE~ D. ~~R~N BLXAI ~' SENIOR PLANNER COMPREHENSIVE PLANNING SECTION D,~TE ' REVIEWED BY: PRINCIPAL PLANNER COMPREHENSIVE PLANNING SECTION o0'2_ DATE S'~A~I LITSINGER - ~' COMPREHENSIVE PLANNING MANAGER pLANNIN~SERVICES DEPARTMENT DIR DATE DATE d~/~RH K. SCH/MiTT ? DATE ~D/MINISTRATOR (~3MMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES -2- ITEM 6C- Bayshore Drive Mixed Use Zoning Overlay--Waterfront Subdistrict Expansion ......... I HALDEMAN CREEK LOT 42 LOT 4.2 BAYVIEW DRIVE 6 C-4 CANAL 11 -:3- COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY CRA AGENDA ITEM 6D September 30, 2002 RECOMMENDATION THAT THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVE AND AUTHORIZE CRA CHAIRPERSON TO SIGN AN AGREEMENT WITH COLLIER COUNTY FOR A DRAINAGE AND SIDEWALK IMPROVEMENT PROJECT ON LINWOOD AVENUE USING $329,046 OF COLLIER COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING. OBJECTIVE: To have the Community Redevelopment Agency approve an Agreement with Collier County to undertake a stormwater management and infrastructure project in the Gateway Triangle Area consistent with the approved 2002-2003 CDBG Project #0012 (Gateway/Triangle CRA). CONSIDERATIONS: On January 8, 2002, the Community Redevelopment Agency directed county staff to submit a Community Development Block Grant Application for a drainage project on Linwood Avenue in the Bayshore/Gateway Triangle Component Redevelopment Area to further promote redevelopment. At the same time, the CRA also determined that the project complies with the Collier County Growth Management Plan and the Collier County Redevelopment Plan. The attached subrecipient agreement details the grant conditions, procedure and work scope. FISCAL IMPACT: The total estimated cost associated with this comprehensive stormwater project is $1,089,668.00. CDBG funds have been awarded in the amount of $329,046 towards the project. The CRA contributed $50,000 (Fund 187) towards this project in support of the CDBG grant application. The remainder of project costs ($710,622) will be funded from Collier County's Transportation Operations and Stormwater Management Budgets. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore/Gateway Triangle, that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. ADVISORY BOARD RECOMMENDATION: The Advisory Board recommends that the Community Redevelopment Agency (CRA) Board approve the attached Agreement between Collier County and the CRA. PLANNING SERVICES RECOMMENDATION: Planning Services recommends that the Community Redevelopment Agency (CRA) Board approve the attached Agreement between Collier County and the CRA. -1- PREPARED BY: THOMA~ TOI~ERLIN, PRINCIPAL PLANNER COMPREHENSIVE PLANNING SECTION DATE COMPREHENSIVE PLANNING MANAGER DATE MARGARI~ WUERSTLE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE /J(~SEPH K. S'CHMITT DATE 1,5/i:)MINISTRATOR ...... ~OMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES -2- COLLIER COUN FINANCIAL ADMINISTR ON AND HOUSING DEPARTMENT 1050 N. Itorseshoe I)rive September 5, 2002 · Suite 275 · Naples, Florida 34104 Fax 239-403-2331 Tom Tomerlin Principal Planner c/o Collier County Community Redevelopment Agency 2800 North Horseshoe Drive Naples, FL 34104 RE: Subrecipient Agreement for 2002-2003 CDBG project (~)012 Gateway/Triangle CRA) Dear Tom: On behalf of Collier County, I am pleased to enclose a subrecipient agreement between Collier County and the Collier County Community Redevelopment Agency for $329,046 for the stormwater management and infrastructure program in the Gateway Triangle/Shadowlawn neighborhood to reduce severe and dangerous flooding conditions involving Kirkwood Avenue and Linwood Avenue. This Community Development Block Grant (CDBG) funding is made available by the U.S. Department of Housing and Urban Development (HUD) to provide opportunities for low-income families. Please sign and date both originals of the contract on page 14. Exhibit "A" contains the budgeted line items and the work schedule that should be referenced when submitting pay requests and monthly reports. Exhibit "B" is the format for the payment request form which would be submitted on your letterhead. Exhibit "C" is the monthly report that must be submitted by the 10~ of each month to reflect the previous month's activity. Please note that Exhibit "D" pertains to asbestos requirements and does not aply to your project. The £mal attachment is HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement (see VII. B. 17.), and must be included in all construction contracts funded by CDBG. Please remm one original to this office; the other is for your records. Training sessions for subrecipients will be held in November; you will be notified of the exact date and time. In the meantime, please feel free to contact this office for assistance or information regarding any reference in this agreement for which you need clarification or if you would like to obtain the citation for yourself. Please feel free to call me at (941) 403-2339 if you have any questions. HUD Grant Coordinator Enclosures: 2 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-01-UC- 12-0016 THIS AGREEMENT, is entered into this_ _ day of , 20~, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and the Collier County Community Redevelopment Agency, a separate legal entity charged with undertaking and implementing community redevelopment as allowed under Chapter 163, Part III of the Florida Statutes, having its principle office at 2800 North Horseshoe Drive, Naples, FL 34104, hereinafter referred to as ,,SUBRECIPIENT-" WItEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WItEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the County and the Collier County Community Redevelopment Agency desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan, and Collier County Community Redevelopment Agency (CRA) Page 1 of 14 WHEREAS, the coUNTY desires to engage the Community Redevelopment Agency to implement such undertakings of the Community Development Block Grant Program as a worthwhile County purpose. NOW, TItEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: DEFINITIONS · and where applicable, its authorized representative(s)· (1) ,,count.yjj means .,Coll~e_~Cm°~nnitt~' Development Block Grant Pr0gr._.a.m of.~l°~m~n~rtaYtion and "CDBG means me t~o _ ~ · ......... (',Mlier county plnancl (2) ......... : .... d l-lOUSing m~, ......... (3) "Financial Actmlnlstrauu', '=' Housing Department · · velo ment AssociatiOn· ,,eTna~CWPlF. T" means CommumtyRede '-P-- ,, he written approval of the o,~,_, ..... N ...... -~ ~,-usino An~roval means t (4) ,,- . dmimstrauon aha ~,-, ~, ~-*- · (5) ~.Flnan.m,alA ~A_d:_:o,~o,i~, and Housing Department or de,ghee.. . plnanclal/-~utmmo[*'~.~U. ..... · ~,,,~in¢, and IJ Development or a person authorized (6) "U.S. HUD" means the ~ecrerary m ~ ...... ~, _._ _rban ~ to act on its behalf. ('7) "Low and moderate income persons" means the definition set by U.S. HUD. "A" (8) "Project" means the work contemplated to be performed as set forth in Exhibit · II. SCOPE OF SERVICE.S_ Financial Administration · · · ..... shall submit The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by to conduct the gram outlined in Exhibit A, and , ~ .... ~.,~ nerform the tasks necess, ary .... -'- r~xP~b~it "B" along with Exhibit "C," all of which are each request Ior reimbm~*~ ......... ~, ..__ co . attached hereto and made a part hereof. IH. TIME OF PERFORMANCE~ The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by U. S. HUD under Grant No. B_01-UC-12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be Agreement· In any event, all services required and corn leted in light of the purposes of this to June 30, 2003. Any funds not obligated by the undertaken .... P -,--~A ~,-, +~,~, UBRECIPIENT prior hereunder snarl De comp~e~¢~ ~,~ .... S expiration date of this Agreement shall automatically revert to the County, as set forth in Parts 'VII. G., VIII. F. (e), VIII. H, and XII., below. Collier County Community Redevelopment Agency (CRA) Page 2 of lz IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the cOUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $329,046.00 for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to Financial Administration and Housing at its office, presently located at 3050 North Horseshoe Drive, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. XI. SPE_____CCIAL CONDITIONS_ The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. XII. GE_____NERAL CONDITIONS_ A. IMPLEMENTATION OF PROJECT ACCORDING TO RE UIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in Financial Administration and Housing Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by Financial Administration and Housing. No payments will be made until approved by the Financial Administration and Housing Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify Financial Administration and Housing in writing within thirty · ' ' 'cation from the funding source and submit a cost allocation plan 30) days of recmv~ng not, fi._ · · · ousin~ Department or designee within ~ ...... ~^ ~;,o,,,.~al Adrmmstrat~on and H _ _ Ior approval ay mc forty-five (45) days of said official notification· B. COMPLIANCE WITH~-I~ LOCAL AND FEDERAL RULES REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, Collier County Community Redevelopment Agency (CRA) Page 3 of 14 o ° ° 10. 11. 12. 13. 14. 15. 16. 17. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 36 CFR Part 800 - The regulations outlining the procedures for the' protection of historic and cultural properties. 24 CFR Part ! - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Age Discrimination Act of 1973 National Flood Insurance Act of 1968 24 CFR Part 130 - Regulations which prohibit discrimination in employment in federally assisted construction contracts. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. Contract Work - Hours and Safety Standards Act Lead Based Paint Poisoning Preventive Act Section 504 of the Rehabilitation Act of 1973 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 29 CFR Parts 3, 5 and 5a - 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, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by. CDBG. See attachment. Collier County Community Redevelopment Agency (CRA) Page 4 of lz 18. 19. 20.. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribe goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Copeland Anti-Kickback Act Florida Statutes, Chapter 112 - which deals with conflict of interest. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. OMB Circular A-133 - concerning annual audits. OMB Circular A-122 - which identifies cost principles. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 24 CFR Part 84 - Uniform Administrative Requirements for Grants and Agreements. 24 CFR Part 85- Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. SUBCONTRACTS_ Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to Financial Administration and Housing for its review and approval, which will specifically include a determination of compliance with the terms ot the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and U.S HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiatec fixed fee contracts. All additional services shall have prior written approval with suppor documentation detailing categories of persons performing work plus hourly rates includinl benefits, number of drawings required, and all items that justify the "Fixed Fee ContracC Collier County Community Redevelopment Agency (CRA) Page 5 of 1 Do Eo Reimbursements for such services will be made at SUBRECIPIENT cost. · covered by this Agreement, including but not limited to None of the .work or .Scee~sC~ll be subcontracted by the SUBRECIP .I~NT..~[reiann~b~oS~dsibnYg consultant wor~ or servl , . .......... ~ r~F the. F'nancial Admimstrau the County without prior written a~,t~,~ .......... 1 Department or his designee. AMENDMENTS . . ion amend this Agreement to conform with changes required The County m_ay., at ~s dl~re~r US HUD guidelines, directives, ~an.d..ob~je_~rt~ji~s;ntS~u~ b Federal, S. ta.t.e,, tz.oun y, _~ '~', ....~,~o,, ~me. ndment as a vart ot tins Ag aYmendments shall De mcorporateu uy ,~ .............. provided herein, no hall be subject to approval of Collier County. Except as otherwise s ..... ~:s A,,reement shall be binding on either party unless in writing, approved by amenctmem to tm s the County and signed by each Party's authorized representatives. _iNDEMNIFICATION The SUBRECIP[ENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against anY and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBREC~IENT. . . . . SUBRECIPIENT's_ a.for.?said, i.nd~ne ~leTdexthen°}dpe~tte~S~y~ab~g~n~u01~p~rt~°I~N~ a licafions thereof, span ,apply to, .,, :_.,~;~, ,h~ Ccmntv r fun~ls, which the County i; P.,P, ,--,.-, +,.,o County narrmess ano Wlll lltUcnutxx.y .......... a fo . obligated to refund the Federal Government arising out of the conduct of activities an( administration of SUBRECIPI]ENT. _GRANTEE RECOGNITION . ed ursuant to this Agreement shall be clearly identified a All facilities purcha~,d or construct P il include a reference to the find:ri, ci .al, suppo,] ne SUBRECIPIENT w_l · · ' tions and uoliciry , to funding source. ]~. · ,..~;.-;~,,-~ 'on and Housing in all pubhca P · herein provided by Financial ,~u,,~, .... aU ition, the SUBRECIPIiENT will make a good faith effort to recognize Financi{ add - · ' 's for all activities made possible with funds mad Administration and Housing support available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documenl · ' . ma s, models, photographs, reports prepared, and capil data studies, surve, ys., d[,awlnog, s,i~r~P~rpnxN with funds under this Agreement sha11~ equipment secured t)y me ~tvm,*. ..... T returned to Financial Administration and Housing or the County. In the event of terminatic the SUBRECIPIENT shall not be relieved of liability to the County for damages sustained' the County by virtue of any breach of the Contract by the SUBRECIP[ENT, and the Cour may withhold any payment to the SUBRECIP][ENT for set-off purposes until such time as t exact amount of damages due to the County from the SUBREC~IENT is determined. i Collier County Community Redevelopment Agency (CRA). Page 6 ol XIII. 1. TERMINATION FOR CAUSE_ If through any cause either party shall fail. to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to 'hate this Agreement in whole or part by giving written notice of such termination to the te.rrm ...... :~,-,:.-- *herein the effective date of termination. otl~er parry ana sp~c~ym~ 2. TERMINATION FOR CONVENIENCE. At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date the U.S. HUD specifies. H. _RIGHT TO REVIEW AND ADJUST that the County, by and through its Purchasing or Risk The SUBRECIPIENT agrees · Administration, in cooperation with the Department of Financial Management Department, fight to periodically review, modify, reject or accept any reqmreo and Housing, reserves the policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the fight, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. I. INDEPENDENT AGENT AND EMPLOYEES... The SUBRECIPIENT, if it should sub-contract to perform these services, then in all matters relating to this Agreement, as to any such sub-contractor it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. ADMINISTRATIVE REQUIREMENTS A. _Financial Management The SUBRECIPIENT agrees to comply with OMB Circular A -102 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal contro!s, and maintain necessary source documentation for all costs incurred. B. _Documentation and Record - Keeping 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the Collier County Community Redevelopment Agency (CRA) Page 7 of 14 o Agreement shall be made available to the County by the purpose of this at any time upon request by the County or Financial Administration SUBRECIPIENT ' and Housing. Upon completion of all work contemplated under this Agreement cop~es of all documents and records relating to this Agreement shall be surrendered to Financial Administration and Housing if requested. In any event the SUBRECIPIENT shall keep all documents and records for five (5) years after expiration of this Agreement. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). SUBRECIPIENT shall submit monthly beneficiary reports to Financial Administration and Housing using Exhibit "C." The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-B acon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-102 (Uniform Administrative Requirement for Federal Grants), A-87 (Cost Principle for State, Local, and Indian Tribal Government), 24CFR Part 84, and 24CFR Part 85 which are incorporated herein by reference. D. REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. U.S E. ADDITIONAL FINANCIAL ADMINISTRATION AND HOUSING COUNTY AND · HUD REQUIREMENTS Financial Administration and Housing shall have the right under this Agreement to suspend or terminate reimbursement u~n,til the SUBREC~IENT complies with any additional conditions that may be imposect oy Financial Administration and Housing, the County, or U.S. HUD at any time. F. PRIOR WRITI'EN APPROVALS-SUMMARY The following activities require the prior written approval of the Financial Administration and Housing Department or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPBENT pursuant to this Agreement; (b) All capital equipment expenditures of $1,000 or more; Collier County Community Redevelopment Agency (CRA) Page 8 of 14 Ho (c) (d) (e) All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (f) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. AUDITS AND INSPECTIONS At any time during normal business hours and as often as Financial Administration and Housing, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to Financial Administration and Housing, the County, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entererl into under this Agreement. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by orted to Financial Administration and Housing. Such funds provided he. reunder~m_u_,st,.b~e~r~e?~ income from service fees, sale of commodities, income would include, but nuL o~, ,~,,,~ed to, its plan to utilize such income to and rental or usage fees. The SUBRECI~PIENT shall re?,rt, . Financial Administration and Housing, and said plan snan require the prior written approval of the Financial Administration and Housing Department or designee. Accounting and disbursement of' such income shall comply with OMB Circular A-102 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a), may be retained by the Agency. Program Income shall be utilized to undertake activities specified in Exhibit A of this Agreement, and all provisions of this Agreement shall apply to said activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub- ' ' of this Agreement shall be returned to the County no later than contractors after the explra~tlon ..... ~.:~'-t to an,, SUBRECIPIENT requests to utilize thirty (30) days after such expiration, ~um~,- -, uncommitted funds. G___RANT CLOSEOUT PROCEDURES SUBRECI~PIENT obligation to the COUNTY shall not end until all closeout requirements are completed· Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the cOUNTY), and determining the custodianship of records. Collier County Community Redevelopment Agency (CRA) Page 9 of 14 OTI-!?-R PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be · , discrimination under any activity carried out by the performance of this subjected to . . ~ · ...... ~ .... ~- ,~-~,~,~ ' n the County shall have the right Agreement. Upon receipt oI evmenc~ m ~u,.,, ........... atto , _ to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for trainin and employment; and to the greatest feasible, extent el!gible business concerns located in or ~g~ned in substantial part by persons residing m the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNiTIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES. In the Procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and 'norit /women-owned business enterprises of supplies and services, and provide these m~ 7_ · ---- ~qihle o~vortunit~ to compete for contracts to be performed pursuant sources me maximum i, ...... ,, - to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the CDBG Annual Consolidated Plan approved by U.S. HUD. C. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this reement The SUBRECIPIENT shall provide written verification of compliance to ~g . . 7 ...... : .....~ Uousin~ unon Financial Administration and Housing's request. ' pinanclat Aomlnlstrauut~ m~u ~-~ ~ r D. EVALUATION AND MONITORING. The SUBRECIPIENT agrees that Financial Administration and Housing will carry out periodic monitoring and evaluation activities as determined necessary by Financial Administration and Housing or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit ,, out ut measures. The SUBRECIPIENT agrees ,to furnish upon request to P~°~'~a~Irnin~stration and Housing, the County or the C.ounty .s de, signees and ~'~ ........ :~ ......~ .... ~ -~-~rd~ and information, as is determined necessary uy rmau~.~a or transcrlp[lons oi such ~c Administration and Housing or the County. The SUBRECIPIENT shall, upon the request of Financial Administration and Housing, submit information and status reports required by Collier County Community Redevelopment Agency (CRA) Page 10 of 14 Financial Administration and Housing, the County or U.S. HUD on forms approved by Financial Administration and Housing to enable Financial Administration and Housing to evaluate said progress and to allow for completion of reports required of Financial Administration and Housing by U.S. HUD. The SUBRECIPIENT shall allow Financial Administration and Housing or U.S. HUD to monitor the SUBRECIPIENT On site. Such site visits may be scheduled or unscheduled as determined by Financial Administration and Housing or U.S. HUD. E. ~CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIIENT. Any possible conflict of interest on the part of the SUBRECIPI:ENT or its employees shall be disclosed in writing to Financial Administration and Housing provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. F. PUBLIC ENTITY CRIMES_ As provided in F.S. 287.133 by entering into this Agreement or 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 F.S. 287.133 (3)(a). G. DRUG-FREE WORKPLACE RE UIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drag-free workplaces in accordance with the Drag-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERT~ICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. 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. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee Collier County Community Redevelopment Agency (CRA) Page 11 of 14 o 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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. REAL PROPERTY_ Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECI~IENT control which is acquired or improved in whole or part with CDBG funds in excess of $25,000 must adhere to the CDBG Regulations 570.505. ENVIRONMENTAL CONDITIONS A. AIR AND WATER. The SUBRECI~PIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEIMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA which would satisfy this requirement and/or reduce the cost of said flood insurance. C. I.EAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 25. Such regulations pertain to all HUD-assisted hosing and require that all owners, prospective owners, and tenants of properties constructed pri. or to 1978 be properly notified that such properties may include lead-based paint. Such Collier County Community Redevelopment Agency (CRA) Page 12 of 14 XI. XIII. XV. notification, shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. SEVERABILITY OF PROVISIONS · · nt is held invalid, the remainder of this Agreement s.hall not be an rovis~on of th.is Agreeme ' n conform to the terms and reqmrements of If Y -P ........... rn~ind r would then connn e to affected tBereoy ~r suc~ ~ ........ e - applicable law. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). ~ELIGIOUS ORGANIZATIONS. CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference. cOUNTERPARTS OF THE AGREEMEN~T This Agreement, consisting of fourteen (14) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of whom shall be deemed to be an original, and such counterparts will constitute one and the same instrument. E__NTIRE UNDERSTANDING~ This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. Collier County Community Redevelopment Agency (CRA) Page 13 of 14 WITNESS our Hands and Seals on this _ _day of ...... , 20 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (SUBRECIPIENT SEAL) BY: COMMISSIONER DONNA FIALA, CHAIRPERSON Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney J6yE-P~ K. SC~, ADMINI~~FR ' S O~vMic%IT Y DE VEL o e ME N T &E N V IR O N ME N T AL Collier County Community Redevelopment Agency (CRA) Page 14 of 14 EXHIBIT "A" SCOPE OF SERVICES. THE SUBRECIPIENT AGREES TO: PROFESSIONAL SERVICE_S: The procurement process of the consultant shall, also incorporate any sub-consultants which shall be under the consultant s contract for services. Reimbursement for sub- funded as reimbursable consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. PROJECT SCOPE: · eom rehens~ve sto?mwater management and infr~t~'UoCot~.u~ePcro°n~ia[Ponsm 'ect is a P erou ...... that result from xny the water from two of the interconnected system of tripes, ponds and lift stations, that will channel down to a 2.5 acre holding most flood impacted stree{s - Kirkwood Avenue and Lmwood Avenue - pond and pump statio.n on the north side of Lee Street where the water will be gradually discharged from the pond through the existing channel to the existing US 41 outfall and into the main outfall system. NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to Financial Administration and Housing and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain Financial Admim.'.'stration and Housing approval prior to awarding the construction con, tr??t t~o.b.e ~f~._d~e_d~;~tt~r~ oua~gh~t~i~'iSst~ag~ti~enm~ After awarding such contract the SUBRECYPIENT stami ootam rmau,~m Housing approval prior to executing anY change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from Financial Administration and Housing for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. The SUBRECIPIENT further agrees that Financial Administration and Housing, in consultation with any parties Financial Administration and Housing deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. Co Go BUDGET: Line Item: CDBG Funds Other Mobilization Maintenance of Traffic Erosion Control 18" reinforced concrete pipe (rcp) 24" reinforced concrete pipe (rcp) Embankment Driveway Restoration Sodding Inlet boxes Sidewalk Stormwater Improvements Engineering Fees Land and easement acquisition Subtotal Total $ 17,500.00 $ 17,500.00 $ 9,5O0.OO $ 48,000.00 $ 58,046.O0 $ 55,500.00 $112,000.00 $ 11,000.00 $329,046.00 $ 950.00 $ 950.00 $ 500.00 $ 1,500.00 $ 4,454.00 $ 4,500.0o $ 500.00 $ 1,000.00 $ 50,000.00 $ 65,000.00 $ 408,883.00 $ 60,331.00 $162,054.00 $ 760,622.00 $1,089,668.00 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to Financial Administration and Housing, on behalf of the County, as the Grantee, for Financial Administration and Housing approval, in a form specified by Financial Administration and Housing. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. ASB_.__~ESTOS REQUIREMENTS_'. The SUBKECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements contained in Exhibit C, attached hereto, for construction work in connection with the Project funded through this Agreement. DAVIS-BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPI]ENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS_: The SUBRECIPIENT shall comply with the requirements of OMB Cir---cular A-102 (Uniform Administrative Requirement for Federal Grants) and 24CFR Part 85 in regard to any bid guarantees, performance bonds, and payment bonds. CONSTRUCTION PAYMENT RETAINAGE: The SUBREC]~IENT shall apply a retainage of at leas---t 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have comp.lied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: Failure to adequately maintain any former CDBG funde, d project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Completed Survey and Design Work September 2002 Construction of holding pond and pump station Installation of drainage piping, drain boxes and sidewalk May 2003 ][lENT shall submit detailed monthly progress reports to Financial REPORTS: The .S..UBRE. CIP ~,:_:__ ,~,,, ~ atus of snecific activities und.er the ,pro. j.,ec~ac,_,h ,.repo, rt ~nistration anct riousmg o .. g , ~v.c. NT is reimbursect w:m ,...~,'DU tunas, Adnm ....... ' --~;-'-t" for which the SUB.__IPIE must account ior trie :otat auuw y in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for Financial Administration and Housing approval of invoices, etc. for reimbursement. EXHIBIT "B" PAYMENT REQUEST FORM TO: FROM: Denny Baker, Financial Administration and Housing 3050 North Horseshoe Drive, Suite 275 Naples, FL 34104 Collier County Community Redevelopment Agency 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 403-2903 RE: INVOICE REIMBURSEMENT Attached, you will find Invoice #_ , requesting reimbursement in the amount of The expenditures for this invoice covers the period through You will also find attached back-up original documentation relating to the expenditures being invoiced. Approved for Payment by Financial Administration and Housing: Signed: DATE: Printed name of Financial Administration and Housing representative: EXHIBIT C CDBG Subrecipient Repor,t. Status Report for Month of 1. Subrecipient: Submittal Date: Mailing Address Contact Person Telephone: Activity Status/WIilestones: Fax~ e Activity Budget Status (if applicable): Estimated Budget Expenses Total Outstanding Amount paid this Expenses Obligations requested month Paid to Date to Date New contracts executed this month (if applicable): Name of Contractor or Subcontractor Amount of Contract Contractor ID. Number Racial /Ethnic Code Contractor Address & Phone No. Codes: 1. White 2. Black 3. American Indian/Alaskan Native 4. Hispanic 5. Asian/Pacific Islander For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below: TOTAL BENEFICIARIES This project,benefits _. (households) or (persons). Please circle one categ,.ory (either "households" or "persons' ). Enter tt~e number of beneficiaries in the blank space and in box "1 ' below. INCOME Of the households or persons assisted, ~ are low/moderate income as indicated by the attached income chart. Enter this number in box "2" below. Of these low/moderate income persons or households entered in box "2", _ are low-income as indicated by the attached income chart. Enter this number in box "3" below. RACE This project assisted _ ._ White, non-Hispanic households or persons REGARDLESS of income. Enter this number in box "4" below. This project assisted Black, non-Hispanic households or persons REGARDLESS of income. Enter this number in box "5" below. This project assisted _ American Indian or Alaskan Native households or persons REGARDLESS of income. Enter this number in box "6" below. This project assisted Hispanic households or persons REGARDLESS of income. Enter this number in box "7" below. This project assisted Enter this number in box "8" below. FEMALE HEAD OF HOUSEHOLD. This project assisted in box "9" below. DATA VE~RlYiCATION: Asian or Pacific Islander households or persons REGARDLESS of income. Female Head of Households REGARDLESS of income. Enter this number The sum of boxes 4,5,6,7 and 8 must equal the number in box "1". BOX 1 Total Number of Households Assisted BOX 2 Low/ Moderate income ~:ii~:'. "'i':..:,...;'I BOX 3 Low Income :.2.'. ::.,'....:. '.: ( ~ BOX 4 White not Hispanic Origin BOX 5 Black Not Hispanic Origin BOX 6 American Indian or Alaskan Native BOX 7 Hispanic BOX 8 Asian or Pacific Islander BOX 9 Female Headed Household EXIIlBIT "D" ASBESTOS REQUIREMENTS. PART A - SPECIAL CONDITIONS - ASBESTO~S- PROCEDURES FOR REHABILITATION AND DEMOLITION OF STRUCTURES: The provisions of this part apply to all rehabilitation and demolition work contemplated in this agreement and described in Exhibit A of this agreement: 1. ASBESTOS NOTIFICATION Federal and state asbestos regulations require, prior to the rehabilitation or demolition of any structure: (1) an inspection for asbestos-containing materials (ACM), (2) removal of specified ACM, and (3) an asbestos notification of rehabilitation or demolition received at least ten (10) business days prior to demolition. To meet requirements #1 and #2 above, the Agency shall secure the services of a qualified company to survey the all structure(s) to be rehabilitated or demolished in connection with this agreement for the presence of ACM and the Agency shall make every effort to remove Regulated Asbestos-Containing Material (RACM) and Category II Non-Friable ACM (e.g. asbestos-cement board and shingles) before commencing any rehabilitation or demolition work on such structure(s). To meet requirement #3 above for rehabilitation or demolition work, the Agency is responsible for submitting a complete and accurate asbestos notification form titled "Notice of Asbestos Removal Project" [i.e. NESHAP notification, 40 CFR Part 61.145(b)], for each separate address where work will be performed to the below listed agencies at least 10 business days prior to demolition. The 4-copy forms are available fro{n the Department of Environmental Protection. SEND ORIGINAL TO: State Asbestos Coordinator FL Dept. of Environmental Protection 2600 Blair Stone Road Tallahassee, FL 32399-2409 SEND PINK COPY OR FAX OF ORIGINAL TO: Collier County Financial Administration and Housing Department Attn: NESHAP 3050 N. Horseshoe Drive, Suite 275 Naples, FL 34104 FAX: (941) 403-2331 The Agency must notify the County's Financial Administration and Housing Department immediately if the demolition Start Date changes. No demolition may start before the Start Date on the NESHAP notification and no demolition may occur without the notice to proceed from the County. It is the responsibility of the Agency to call and submit revised NESHAP notification to the above listed agencies, adhering to required NESHAP time frames. ... The Agency is responsible for physical checking the structure(s) before submitting the NESHAP notification to ensure that all RACM and Category II ACM, as identified in the prerehabilitation or pre-demolition asbestos inspection report, have been removed. If RACM or Category II ACM is discovered, the Agency shall immediately contact the County's Project Manager. 2. WORK PRACTICES The Agency will utilize wet methods to control airborne emissions during the demolition process and during loading onto transport vehicles, regardless whether Category I is present or not. The Agency is responsible for supplying water meters, hoses, and adequate volume of water to the demolition site. Recycling of any building materials with either presumed or confirmed asbestos- containing Category I (e.g. floor tile, sheet vinyl, and/or roofing materials) is not permitted, unless written authorization is provided to the Agency by the County. 3. OSHA AND FLORIDA STATUTES COMPLIANCE In accordance with OSHA, (reference 29 CFR 1926.1101) in the event ACM is present the Agency must have a competent person onsite who: (1) is capable of identifying existing asbestos hazards in the workplace, (2) is capable of selecting the appropriate control strategy for asbestos exposure, and (3) has the authority to take prompt corrective action to eliminate them. This person must be trained in accordance with Chapter 469 Florida Statutes as an onsite supervisor. Copies of training certificates of the onsite supervisor shall be made available to the County upon request. 4. ROOFING - REMOVAL OF CONFIRMED OR PRESUMED ASBESTOS-CONTAINING BITUMINOUS ROOFING MATERIALS It is the responsibility of the Agency to determine if the roofing materials do not contain asbestos. If the Agency wishes not to sample and analyze for asbestos, the materials will be presumed to contain asbestos and handled accordingly. If the Agency elects to sample the roof system, she/he must first notify the County of the sampling, including date, 'location, and number of samples to be collected. The bulk sample analyses must be performed by a NVLAP-accredited laboratory (NVLAP is the National Voluntary Laboratory Accreditation Program). Results, if proven less than one percent asbestos, shall be provided to the County prior to the start of any work. The Agency will be required to meet all Federal, State, and Local regulations pertaining to the handling, removal, and disposal of confirmed or presumed asbestos-containing roofing materials. This includes, but is not limited to: (1) Meeting the requirements listed in Chapter 469.012(2) & (3) Florida Statutes regarding training of onsite roofing supervisors involved in the removal of asbestos containing bituminous resinous roofing materials, and; (2) Utilizing removal methods that will maintain the roofing material's Category I non-friable status and will not create dust, i.e. employ methods other than sanding, grinding, drilling,. abrading, rotary blade or saw cutting. Suggested methods are slicing, shearing, or punch cutting while using wet methods where feasible. In the event ACM is found, the Agency will submit the following documentation to the County depm't, ment coordinating this project. (1) Copies of training certificates of the onsite roofing supervisor in compliance with the current requirements of Chapter 469 Florida Statutes; (2) Resume of the onsite roofing supervisor documenting asbestos- containing roofing removal jobs performed wit h the last two (2) years; (3) Approval of a landfill to accept confirmed or presumed asbestos- containing roofing material and any conditions associated with its acceptance, and; (4) A plan of action, as specified by OSHA 29 CFR 1926.1101 which addresses: a. Method of removal b. Worker protection c. Protection of building occupants and ventilation systems d. Method and location of disposal PART B - SPECIAL CONDITIONS- ASBESTOS - PROCEDURES FOR NEW CONSTRUCTION AND REHABILiTATION AND DEMOLITION OF STRUCTURES rovisions o this part apl~ly to new construction ,wo, rk a.n,d t,o all,.re,h.a,b!!it,atio_~n and The p f - . - crioect in lzxnimt ~ m this demolition work contemplated m this agreement anct ties agreement: 1. HANDLING AND DISPOSAL OF ASBESTOS CEMENT PIPE GENERAL Federal regulations (40 CFR Part 61, Subpart M) classify asbestos-cement pipe (AC pipe) as Category II non-friable asbestos-containing material. AC pipe must be handled in a manner which will maintkin this classification. Therefore, all cutting and disposal of AC pipe must be performed by a Florida Licensed Asbestos Contractor. The Agency will make every effort to identify and quantify the locating of known AC pipe and material prior to onset of work. If the Agency during the course of work observes, uncovers, or otherwise becomes aware of the existence of any asbestos-cement pipe, pieces, or material at the site to which the Agency or any subcontractor, supplier, or other person may be exposed, the Agency shall immediately notify the County and confirm any verbal notice in writing. The County shall promptly consult with the Project Engineer concerning such condition and determine the necessity of the County retaining special consultants or qualified experts. The Agency shall not perform any work near or in connection with the suspect material until receipt of special written instructions from the County. The Agency will ensure that all subcontractors follow these procedures. PRE-WORK SUBMITTALS ~l'he Agency shall submit th(name of the Asbestos Contractor and a copy of his/her Florida Asbestos Contractor license to the Collier County department coordinating this project, prior to start of work. WORKER PROTECTION Licensed asbestos contractors will compl.y with the requirements of OSHA 29 CFR 1929.1101 concerning worker protection. EXECUTION OF WORK AC pipe will be kept wet-during all phases of removal. No visible emissions are permitted. ~ Wet the pipe using an airless sprayer or utilize available water. Apply dropcloth of 6-mil poly to the area beneath and a minimum of 3 feet beyond the section of pipe to be cut. Break, cut, or snap pipe into sections suitable in size to the disposal facility. Abrasive disc saws are prohibited. Apply lockdown encapsulant to exposed edges of pipe. Pick up all pipe debris that may have fallen outside dropcloth. Use of compressed air to clean AC pipes is prohibited. At no time should AC pipe or pieces by mixed in with fill. DISPOSAL Wrap pipe in existing dropcloth. Transfer pipe to a clean dropcloth outside the trench, and wrap and secure in second layer of 6-mil poly. the following labels to the exterior of each separately wrapped section of Affix .............. roof le~,ible, and large enough in size to be readily pipe. Lat~els are to oe w~tt~, , e, visible: First Labe.l.: CAUTION Contains Asbestos Fibers Avoid Opening or Breaking Container Breathing Asbestos is Hazardous to 'Your Health Second Label.: DANGER Contains Asbestos Fibers Avoid Breathing Dust Cancer and Lung Disease Hazard Breathing Airborne Asbestos, Tremolite, Anthophyllite or Actinolite Fibers is Hazardous to Your Health Third Label: RQ HAZARDOUS SUBSTANCE Solid, NOS ORM-E, NA9188 (Asbestos) Fourth Label: Label each container with the name of the generator (owner) and the location at .which the waste was generated. Properly dispose of all AC pipe generated each day. All wrapped sections may be stored in a secure, locked enclosure pending disposal, if authorized by owner. At no time are section pieces of AC pipe to be left on the worksite uncapped and unsecured at the end of the workday. All vehicles and/or containers used to haul asbestos-containing waste material shall be lined with a minimum or 6-mil poly layer. Label trucks used to transport asbestos-containing waste material during loading and unloading as follows (refer to 29 CFR 1910.145(d)(4) for sign format): DANGER Asbestos Dust Hazard Cancer and Lung Disease Hazard Authorized Personnel Only POST WORK SUBMITTALS ~'he Agency or Asbestos Contractor, as waste generator shall complete a Waste Shipment Record (WSR) for each shipment of asbestos-cement pipe disposed. Refer to 40 CFR Part 61, Revision Final Rule for an example of WSR or contact Collier County Risk Management/Loss Control. The Agency or his designated subcontractor will submit the following documents to the Collier County department coordinating this project prior to payment. - A copy of the WSR prior to shipment. - A copy of the WSR signed by the disposal facility within thirty-five (35) days of shipment. PART C- SPECIAL COND~G~U~L~A~,T~OaNaS,: The provisions of this part apply to ~1 projects contemplated in this agreement and described in Exhibit A of this agreement: Environmental Protection Agency: 40 CFR Part 61 National Emission Standards for Hazardous Air Pollutants; Asbestos NESHAP Revision Final Rule November 20,1990. Occupational Safety and Health Administration: 29 CFR 1926.1101 - Asbestos, Construction Industry Standard. Department of Business and Professional Regulations, Chapter 469 Florida Statutes, Licensure of Consultants and Contractors. COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY CRA AGENDA ITEM 7A September 30, 2002 RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZE STAFF TO EVALUATE THE IMPACT OF CURRENT LAND DEVELOPMENT REGULATIONS ON THE IMMOKALEE COMMUNITY. OBJECTIVE: To determine if the existing Land Development Code regulations have negative impacts on redevelopment efforts in Immokalee or constrain economic growth as expressed by the CRA Advisory Board. CONSIDERATIONS: Community leaders and business owners have expressed concerns about land development regulations and their impact on economic growth in the area. Immokalee is a community with a vastly different economic and social mix than Naples. Specific concerns have been centered primarily on the architectural and landscaping standards outlined in Divisions 2.4 and 2.8 of the Land Development Code (LDC), related to cost, community character, safety and security issues. There is concern that the costs associated with these specific LDC regulations discourage new ventures from locating to Immokalee and constrict expansion of existing businesses. There is also a feeling that land development standards are not representative of the unique character of Immokalee and impose a coastal look to a rural community. FISCAL IMPACT: The only cost associated with this item will be for the utilization of County Staff. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including Immokalee, that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. ADVISORY BOARD RECOMMENDATION: The Immokalee CRA Advisory Board recommends that the Collier County Land Development Regulations be evaluated to assess its impacts on the Immokalee Community. PLANNING SERVICES RECOMMENDATION: Planning Services recommends that the Community Redevelopment Agency support' a more in-depth evaluation of the issue. More specifically, Planning Services recommends current land development regulations be examined from a benefit-cost framework in Immokalee. In aggregate, it is clear that land development standards provide both benefits and costs. Obviously, regulation makes sense when benefits exceed costs for each incremental layer of regulation. The central issue in Immokalee is whether certain development standards actually become so costly that they exceed benefits and halt development from going forward and this needs to be evaluated. -1- PREPARED BY: THOMAS TOI~IERL~, PRINCIPAL PLANNER COMPREHENSIVE PLANNING SECTION STAN LITSINGER, AICP ~' COMPREHENSIVE PLANNING MANAGER ED BY: . t MARGARI~ WUERS('I'vE, AICP PLANNIN~"SERVICES DEPARTMENT DIRECTOR DATE DATE DATE ~D~INIST~IATOR b~MMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES 2 COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY CRA AGENDA ITEM 7B September 30, 2002 RECOMMENDATION THAT THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVE AND AUTHORIZE CRA CHAIRPERSON TO SIGN AN AGREEMENT WITH COLLIER COUNTY FOR THE INSTALLATION AND/OR UPGRADE OF APPROXIMATELY 45 STREETLIGHTS IN IMMOKALEE USING $60,000 OF COLLIER COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING. OBJECTIVE: To have the Community Redevelopment Agency approve an Agreement with Collier County for the installation of streetlights consistent with the approved 2002- 2003 CDBG Project #0003 (Immokalee Streetlights). CONSIDERATIONS: On January 8, 2002, the Community Redevelopment Agency directed county staff to submit a Community Development Block Grant Application for a streetlighting project in the Weed & Seed Target Area of Immokalee to further promote redevelopment. The CRA determined that the project complies with the Collier County Growth Management Plan and the Collier County Redevelopment Plan. The attached subrecipient agreement is a detailed outline of grant conditions, procedure and work scope. In order to initiate the grant, a separate agreement between the CRA and Lee County Electric Cooperative, Inc. (LCEC), may be necessary. The agreement between the CRA and LCEC will be presented to the Board at a later date. FISCAL IMPACT: The current total amount anticipated to be funded is $60,000 of CDBG funds. The long-term operation and maintenance of the lights will revert to Collier County five years after installation. Long term maintenance and operation costs associated with the lights are estimated at $216,000 (in present dollars) for a 20-year maintenance period (FY2008-FY2028). GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore/Gateway Triangle, that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. ADVISORY BOARD RECOMMENDATION: The Advisory Board recommends that the Community Redevelopment Agency (CRA) Board approve the attached Agreement between Collier County and the CRA. PLANNING SERVICES RECOMMENDATION: Planning Services recommends that the Community Redevelopment Agency Board approve the attached Agreement between Collier County and the CRA. (CRA) PREPARED BY: THOM/~G TOi~IERLIN, PRINCIPAL PLANNER COMPREHENSIVE PLANNING SECTION DATE REVIEWED BY: ~ S'~A~ ~.ITSINGER, AIOP ~ COMPREHENSIVE PLANNING MANAGER DATE ~,~,RGAI~T WUERSTLE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE /J(~SEPH K. SCHMITT DATE /IybMINISTRATOR _. ~OMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES -2- COllIER COI TY' FINANCLM ADMtNIS ON AND HOUSING DEPART NT ;0 N. Horseshoe Drive September 5, 2002 Suite 275 · Naples, Florida 34104 · 239-403-2330 · Fax 239-403-2331 Tom Toaaerlin Principal Planner c/o Collier County Community Redevelopment Agency 2800 North Horseshoe Drive Naples, FL -34104 RE: Subrecipient Agreement for 2002-2003 CDBG project (~A)003 Immokalee Streetlights) Dear Tom: On behalf of Collier County, I am pleased to enclose a subrecipient agreement between Collier County and the Collier County Community Redevelopment Agency for $60,000 for the installation and/or upgrade of approximately 45 streetlights in the Immokalee "Weed and Seed" areas to reduce crime and enhance the appearance and safety of ~.e, Immokalee Community. This Community Development Block Grant (CDBG) funding is made available by the U.S. Department of Housing and Urban Development (HUD) to provide oppommities for low-income families. Please have Commissioner Fiala sign and date both originals of the contract on page 14 (after approval by CRA board). Exhibit "A" contains the budgeted line items and the work schedule that should be referenced when submitting pay requests and monthly reports. Exhibit "B" is the format for the payment request form which would be submitted on your letterhead. Exhibit "C" is the monthly report that must be submitted by the 10~ of each month to reflect the previous month's activity. Please note that Exhibit "D" pertains to asbestos requirements and does not apply to your project. Please return one original to this office; the other is for your records. Training sessions for subrecipients will be held in November; you will be notified of the exact date and time. In the meantime, please feel free to contact this office for assistance or information regarding any reference in this agreement for which you need clarification or if you would like to obtain the citation for yourself. Please feel free to call me at (941) 213-2912 if you have any questions. Sincerely, En~c o sGur;~t: C2o ordinator AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-01-UC-12-0016 THIS AGREEMENT, is entered into this _ _ day of ~ 20~, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and the "COLLIER cOUNTY COMMUNITY REDEVELOPMENT AGENCY," a separate legal entity charged with undertaking and implementing community redevelopment as allowed under Chapter 163, Part 1II of the Florida Statutes, having its principle office at 2800 North Horseshoe Drive, Naples, FL 34104, hereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the COUNTY and the Collier County Community Redevelopment Agency desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan, and Collier County Community Redevelopment Agency (CRA) Page 1 of 14 WI-IEREAS, the COUNTY desires to engage the Collier County Community Redevelopment Agency to implement such undertakings of the Community Development Block Grant Program as 'a worthwhile County purpose; and NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: DEFINITIONS_ (1) "County" means Collier County, and where applicable, its authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "Financial Administration and Housing" means Collier County Financial Administration and Housing Department. (4) "SUBRECIPIENT" means Collier County Community Redevelopment Agency. (5) "Financial Administration and Housing Approval" means the written approval of the Financial Administration and Housing Director or his designee. (6) "U.S. HUD" means the Secretary of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by U.S. HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A." H. SCOPE OF SERVICES_ The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by Financial Administration and Housing, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B" along with Exhibit "C," all of which are attached hereto and made a part hereof. III. T~IME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by U. S. HUD under Grant No. B-01-UC-12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be in li ht of the purposes of this Agreement. In any event, all services required underta~, en and comple~e_d.A_, ~._~.~ cT Tn~ lENT orior to June 30, 2003. Any funds not obligated by the hereunOer shall be comp~et~u uy t,,~ o .... CIP , expiration date of this Agreement shall automatically revert to the County, as set forth in Parts VII. G., VIE. F. (e), VIII. H, and XII., below. Collier County Community Redevelopment Agency (CRA) Page 2 of 14 IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $60,000.00 for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to Financial Administration and Housing at its office, presently located at 3050 N. Horseshoe Drive, Suite #275, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. S_PECIAL CONDITIONS. The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in Financial Administration and Housing Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by Financial Administration and Housing. No payments will be made until approved by the Financial Administration and Housing Director or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify Financial Administration and Housing in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the Financial Administration and Housing Director or designee within forty- five (45) days of said official notification. COMPLIANCE WiTH LOCAL AND FEDERAL RU!.ES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, Collier County Community Redevelopment Agency (CRA) Page 3 of 14 o o 10. 11. 12. 13. 14. 15. 16. 17. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Age Discrimination Act of 1973 National Flood Insurance Act of 1968 24 CFR Part 130 - Regulations which prohibit discrimination in employment in federally assisted construction contracts. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. Contract Work - Hours and Safety Standards Act Lead Based Paint Poisoning Preventive Act Section 504 of the Rehabilitation Act of 1973 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 29 CFR Parts 3, 5 and 5a - 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, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment. Collier County Community Redevelopment Agency (CRA) Page 4 of 14 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribe goal percentages for participation of minority businesses in Community Development Block Grant Contracts. Copeland Anti-Kickback Act Florida Statutes, Chapter 112 - which deals with conflict of interest. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. OMB Circular A-133 - concerning annual audits. OMB Circular A-122 - which identifies cost principles. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 24 CFR Part 84 - Uniform Administrative Requirements for Grants and Agreements. 24 CFR Part 85- Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. Co SUBCONTRACTS Any work or services subcontracted by the SUBREC~IENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBREC~]~ENT to Financial Administration and Housing for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and U.S. HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including Collier County Community Redevelopment Agency (CRA) Page 5 of 14 benefits, number of drawings.required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the Financial Administration and Housing Director or his designee. AMENDMENTS The County may, at its discretion, amend this Agreement to conform with changes required by Federal, State, County, or U.S. HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising .during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIt!NT. SUBRECIP]:ENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the County harmless and will indemnify, t. he County for funds, which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of SLrBRECIPIENT. GRANTEE RECOGNITION. All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by Financial Administration and Housing in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize Financial Administration and Housing's support for all activities made possible with funds made available under this Agreement. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to Financial Administration and Housing or the County. In the event of termination, the SUBRECIPI:ENT shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the SUBRECIPIENT, and the County may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the County from the SUBRECIPI:ENT is determined. Collier County Community Redevelopment Agency (CRA) Page 6 of 14 VIII. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated,, this Agreement shall be suspended or terminated effective on the date the U.S. HUD specifies. H. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT, if it should sub-contract to perform these services, then in all matters relating to this Agreement, as to any such sub-contractor it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. ADMINISTRATIVE REQUIREMENTS A. Financial Management The SUBRECIPIENT agrees to comply with OMB Circular A -102 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. B. Documentation and Record - Keeping 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the Collier County Community Redevelopment Agency (CRA) Page 7 of 14 o o purpose of this Agreement shall be made available to the County by the SUBRECIPIENT at any time upon request by the County or Financial Administration and Housing. Upon completion of all work contemplated under this Agreement copies of all documents and records relatihg to this Agreement shall be surrendered to Financial Administration and Housing if requested. In any event the SUBRECIPIENT shall keep all documents and records for five (5) years after expiration of this Agreement. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). SUBRECIPIENT shall submit monthly beneficiary reports to Financial Administration and Housing using Exhibit "C." The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-102 (Uniform Administrative Requirement for Federal Grants), A-87 (Cost Principle for State, Local, and Indian Tribal Government), 24CFR Part 84, and 24CFR Part 85 which are incorporated herein by reference. D. REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by thi~ Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL FINANCIAL ADMINISTRATION AND HOUSING, COUNTY, AND U.S. HUD REQUIREMENTS Financial Administration and Housing shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by Financial Administration and Housing, the County, or U.S. HUD at any time. F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the Financial Administration and Housing Director or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; Collier County Community Redevelopment Agency (CRA) Page 8 of 14 Go (c) All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); (d) All change orders; and (e) All requests to utilize uncommitted funds after the expiration of t,h4.'.s agreement for programs described in Exhibit A, and (f) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. AUDITS AND INSPECTIONS At any time during normal business hours and as often as Financial Administration and. Housing, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBREC~IENT to Financial Administration and Housing, the County, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. PROGRAM-GENERATED INCOME All income earned by the SUBRECn:'IENT from activities financed in whole or in part by funds provided hereunder must be reported to Financial Administration and Housing. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to Financial Administration and Housing, and said plan shall require the prior written approval of the Financial Administration and Housing Director or designee. Accounting and disbursement of such income shall comply with OMB Circular A-102 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a), may be retained by the Agency. Program Income shall be utilized to undertake activities specified in Exhibit A of this Agreement, and all provisions of this Agreement shall apply to said activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub- contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. GRANT CLOSEOUT PROCEDURES. SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. Collier County Community Redevelopment Agency (CRA) Page 9 of 14 OTHER PROGRAM REQUIREMENTS. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. OPPORTUNITIES FOR SMAJJL AND MINORITY/WOMEN-OWNED BUSINESS ]~NTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the CDBG Annual Consolidated Plan approved by U.S. HUD. PROGRAM BENEFICIARIES_ At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to Financial Administration and Housing upon Financial Administration and Housing's request. EVALUATION AND MONITORING The SUBRECIPIENT agrees that Financial Administration and Housing will carry out periodic monitoring and evaluation activities as determined necessary by Financial Administration and Housing or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to Financial Administration and Housing, the County or.the County's designees and make copies or transcriptions of such records and information, as is determined necessary by Financial Administration and Housing or the County. The SUBRECIPIENT shall, upon the request of Collier County Community Redevelopment Agency (CRA) Page 10 of 14 Go Ho Financial Administration and Housing, submit information and status reports required by Financial Administration and Housing, the County or U.S. HUD on forms approved by Financial Administration and Housing to enable Financial Administr'ation and Housing to evaluate said progress and to allow for completion of reports required of Financial Administration and Housing by U.S. HUD. The SUBRECIPIENT shall allow Financial Administration and Housing or U.S. HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by Financial Administration and Housing or U.S. HUD. CONFLICT OF INTEREST._ The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to Financial Administration and Housing 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. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 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 F.S. 287.133 (3)(a). DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. 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, continuationl renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Collier County Community Redevelopment Agency (CRA) Page 11 of 14 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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPI:ENT Control which is acquired or improved in whole or part with CDBG funds in excess of $25,000 must adhere to the CDBG Regulations 570.505. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPI:ENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA which would satisfy this requirement and/or reduce the cost of said flood insurance. Collier County Community Redevelopment Agency (CRA) Page 12 of 14 Co LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 25. Such regulations pertain to all HUD-assisted hosing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. XI. D. HISTORIC PRESERVATION_ The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. SEVERABILITY OF PROVISION~S If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of fourteen (14) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of whom shall be deemed to be an original, and such counterparts will constitute one and the same instrument. Collier County Community Redevelopment Agency (CRA) Page 13 of 14 XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this_ _day of , 20 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (SUBREC[PIENT SEAL) BY: COMMISSIONER DONNA FIALA, CHAIRPERSON Approved as to form and _sufficiency: Patrick G. White Assistant County Attorney COLLIER UNTY, FLOR BY: '-' ~- . - C~NfilQIUNITY DEVELOPMENT & ENVIRONMENTAL SEI~VICES Collier County Community Redevelopment Agency (CRA) Page 14 of 14 EXHIBIT "A" SCOPE OF SERVICES. I. THE SUBRECIPIENT AGREES TO: PROFESSIONAL SERVICES_: The procurement process of the consultant shall also incorporate any sub-consultants which shall be funded as reimbursable under the consultant's contract for services. Reimbursement. for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. PROJECT SCOPE: The scope of this project is the installation and/or upgrade of approximately 45 streetlights in the Immokalee "Weed and Seed" area to reduce crime and enhance the appearance and safety of the Immokalee Community. NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to Financial Administration and Housing and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain Financial Administration and Housing approval prior to awarding the construction contract to be funded through this agreement. After awarding 'such contract the SUBRECIPIENT shall obtain Financial Administration and Housing approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from Financial Administration and Housing for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. The SUBRECIPI~NT further agrees that Financial Administration and Housing, in consultation with any parties Financial Administration and Housing deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. BUDGET: Line Item: Approximately 45 streetlights Total Project Cost for 20 years CDBG Funds $6O,OOO.00 Other $216,000.00( FY 2008 - FY 2028 20 years of maintenance) $ 276,000.00 Do Fo Go Ko Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrec~p~ent share of administrative costs and shall submit such plan to Financial Administration and Housing, on behalf of the County, as the Grantee, for Financial Administration and Housing approval, in a form specified by Financial Administration and Housing. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. ASBESTOS REQUIREMENTS: The SUBRECIPI]~NT shall comply, and ensure its subcontractors' ~'~mpliance, with all applicable requirements contained in Exhibit C, attached hereto, for construction work in connection with the Project'funded through this Agreement. DAVIS-BACON ACT:. The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage -decision for the project prior to advertising the construction work. The SUBRECIPI~ENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS_: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-Il0 (UnifOrm Adnfinistrative Requirement for Federal Grants) and 24CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. CONSTRUCTION pAYMENT RETAINAGE:. The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS;. Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: -Mapping of proposed streetlight placement September, 2002 December, 2002 Begin installation of approximately 45 streetlights Completion of installation of approximately 45 streetlights June, 2003 REPORTS: The SUBRECIPIENT sh_all submit~detai!~e.d monthly progress reports to Financial Administration and Housing outlining the status oI specmc activities under the project. Each report must account for the total activity for which the SUBRECIP]ENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for Financial Administration and Housing approval of invoices, etc. for reimbursement. EXHIBIT "B" PAYMENT REQUEST FORM TO: FROM: Denny Baker, Director Financial Administration and Housing 3050 N. Horseshoe Drive, Suite #275 Naples, FL 34104 collier County Community Redevelopment Agency 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 403-2903 RE: INVOICE REIMBURSEMENT Attached, you will find Invoice # ., requesting reimbursement in the amount of The expenditures for this invoice covers the period through You will also find attached back-up original documentation relating to the expenditures being invoiced. Approved for Payment by Financial Administration and Housing: Signed: DATE: Printed name of Financial Administration and Housing representative: EXHIBIT C CDBG Subrecipient Reoort Status Report for Month of 1. Subredpient: Mailing Address Contact Person Telephone: Submittal Date: Fax: 2. Activity Status/Milestones: 3. Budget Status (if applicable): Activity Estimated Budget Expenses paid this month Total Expenses Paid to Date Outstanding Obligations Amount requested to Date 0 Name of Contractor or Subcontractor New contracts executed this month (if applicable): Amount of Contract Contractor D. Number Racial /Ethnic Code Contractor Address & Phone No. Codes: 1. White 2. Black 3. American Indian/Alaskan Native 4. Hispanic 5. Asian/Pacific Islander For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below: TOTAL BENEFICIARIES This project benefits _ (households) or (persons). Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1" below. INCOME Of the households or persons assisted, are low/moderate income as indicated by the attached income chart. Enter this number in box "2" below. Of these low/moderate income persons or households entered in box."2", _ are low-income as indicated by the attached income chart. Enter this number in box "3" below. RACE. This project assisted .. White, non-Hispanic households or persons REGARDLESS of income. Enter this number in box "4" below. This project assisted Black, non-Hispanic households or persons REGARDLESS of income. Enter this number in box "5" below. This project assisted American Indian or Alaskan Native. households or persons REGARDLESS of income. Enter this number in box "6" below. This project assisted Hispanic households or persons REGARDLESS of income. Enter this number in box "7" below. This project assisted Enter this number in box "8" below. This project assisted in box "9" below. DATA VERIFICATION: Asian or Pacific Islander households or persons REGARDLESS of income. FEMALE HEAD OF HOUSEHOLD Female Head of Households REGARDLESS of income. Enter this number The sum o..f boxes 4,5,6,7 and 8 must equal the number in box "1".. BOX 1 Total Number of Households Assisted BOX 2 Low/ Moderate income BOX 3 Low Income BOX 4 White not Hispanic Origin BOX 5 BOX 6 BOX 7 BOX 8 BOX 9 Black Not American Hispanic Asian or Female Hispanic Indian or Pacific Headed Origin Alaskan Islander Household Native E_E.~XHIBIT "D" ASBESTOS REQUIREMENTS PART A SPECIAL CONDITIONS - ASBESTOS ~ PROCEDURES FOR ~HABILITATION AND DEMOLITION OF STRUCTURES: The provisions of this part apply to all rehabilitation and demolition work contemplated in this agreement and described in Exhibit. A of this agreement: 1. ASBESTOS NOTIFICATION Federal and state asbestos regulations require, prior to the rehabilitation or demolition of ~ structure: (1) an inspection for asbestos-containing materials (ACM), (2) removal of specified ACM, and (3) an asbestos notification of rehabilitation or demolition received at least ten (10) business days prior to demolition. To meet requirements #1 and #2 above, the Agency shall secure the services of a qualified company to survey the all structure(s) to be rehabilitated or demolished in connection with this agreement for the presence of ACM and the Agency shall make every effort to remove Regulated Asbestos-Containing Material (RACM) and Category II Non-Friable ACM (e.g. asbestos-cement board and shingles) before commencing anY rehabilitation or demolition work on such structure(s). To meet requirement #3 above for rehabilitation or demolition work, the Agency is responsible for submitting a complete and accurate asbestos notification form titled "Notice of Asbestos Removal Project" [i.e. NESHAP notification, 40 CFR Part 61.145(b)], for each separate address where work will be performed to the below listed agencies at least 10 business days prior to demolition. The 4=copy forms are available from the Department of Environmental Protection. SEND ORIGINAL TO: State Asbestos Coordinator FL Dept. of Environmental Protection 2600 Blair Stone Road Tallahassee, FL 32399-2409 SEND PINK COPY OR FAX OF ORIGINAL TO: Collier County Financial Administration and Housing Department Attn: NESHAP 3050 N. Horseshoe Drive, Suite 275 Naples, FL 34104 FAX: (941) 403-2331 The Agency must notify the County's Financial Administration and Housing Department immediately if the demolition Start Date changes. No demolition may start before the Start Date on the NESHAP notification and no demolition may occur without the notice to proceed from the County. It is the responsibility of the Agency to call and submit revised NESHAP notification to the above listed agencies, adhering to required NESHAP time frames. enc ~s res onsible for physical checking the structure(s) before The Ag Y ' P · CMandCate orylI · · ' 'cat~on to ensure that all RA . g . subnuttnng the ~E~S.H .AP~ not,fi _,_:,:,~,: .... -*,,-,, ~,~,,~olition asbestos ~nspect~on ACM, as idenfifiect ~n the prerehammauu,, ~,~ v~'-- ..... report, have been removed. If RACM or Category II ACM is discovered, the Agency shall immediately contact the County's Project Manager. 2. WORK PRACTICES The Agency will utilize wet methods to control airborne emissions during the demolition process and during loading onto transport vehicles, regardless whether Category I is present or not. The Agency is responsible for supplying water meters, hoses, and adequate volume of water to the demolition site. Recycling of any building materials with either presumed or confirmed asbestos- containing Category I (e.g. floor tile, sheet vinyl, and/or roofing materials) is not permitted, unless written authorization is provided to the Agency by the County. 3. OSHA AND FLORIDA STATUTES COMPLIANCE In accordance with OSHA, (reference 29 CFR 1926.1101) in the event ACM is present the Agency must have a competent person onsite who: (1) is capable of identifying existing asbestos hazards in the workplace, (2) is capable of selecting the appropriate control strategy for asbestos exposure, and (3) has the authority to take prompt corrective action to eliminate them. This person must be trained in accordance with Chapter 469 Florida Statutes as an onsite supervisor. Copies of training certificates of the onsite supervisor shall be made available to the County upon request. 4. ROOFING - REMOVAL OF CONFIRMED OR PRESUMED ASBESTOS-CONTAINING BITUMINOUS ROOFING MATERIALS It is the responsibility of the Agency to determine if the roofing materials do not contain asbestos. If the Agency wishes not to sample and analyze for asbestos, the materials will be presumed to contain asbestos and handled accordingly. If the Agency elects to sample the roof system, she/he must first notify the County of the sampling, including date, location, and number of samples to be collected. The bulk sample analyses must be performed by a NVLAP-accredited laboratory (NYLAP is the National Voluntary Laboratory Accreditation Program). Results, if proven less than one percent asbestos, shall be provided to the County prior to the start of any work. The Agency will be required to meet all Federal, State, and Local regulations pertaining to the handling, removal, and disposal of confirmed or presumed asbestos-containing roofing materials. This includes, but is not limited to: (1) Meeting the requirements listed in Chapter 469.012(2) & (3) Florida Statutes regarding training of onsite roofing supervisors involved in the removal of asbestos containing bituminous resinous roofing materials, and; (2) Utilizing removal methods that will maintain the roofing material's Category I non-friable status and will not create dust, i.e. employ methods other than sanding, grinding, drilling, abrading, rotary blade or saw cutting. Suggested methods are slicing, shearing, or punch cutting while using wet methods where feasible. In the event ACM is found, the Agency will submit the following documentation to the County department coordinating this project. (1) Copies of training certificates of the onsite roofing supervisor in compliance with the current requirements of Chapter 469 Florida Statutes; (2) Resume of the onsite roofing supervisor documenting asbestos- containing roofing removal jobs performed wit h the last two (2) years; (3) Approval of a landfill to accept confirmed or presumed asbestos- containing roofing material and any conditions associated with its acceptance, and; (4) A plan of action, as specified by OSHA 29 CFR 1926.1101 which addresses: a. Method of removal b. Worker protection c. Protection of building occupants and ventilation systems d. Method and location of disposal PART B - SPECIAL CONDITIONS - ASBESTOS - PROCEDURES FOR NEW CONSTRUCTION AND REHABILITATION AND DEMOLITION OF STRUCTURES The provisions of this part apply to new construction work and to all rehabilitation and demolition work contemplated in this agreement and described in Exhibit A of this agreement: 1. HANDLING AND DISPOSAL OF ASBESTOS CEMENT PIPE GE_____.~RAL Federal regulations (40 CFR Part 61, Subpart M) classify asbestos-cement pipe (AC pipe) as Category II non-friable asbestos-containing material. AC pipe must be handled in a manner which will maintain this classification. Therefore, all cutting and disposal of AC pipe must be performed by a Florida Licensed Asbestos Contractor. The Agency will make every effort to identify and quantify the locating of known AC pipe and material prior to onset of work. If the Agency during the course of work observes, uncovers, or otherwise becomes aware of the existence of any asbestos-cement pipe, pieces, or material at the site to which the Agency or any subcontractor, supplier, or other person may be exposed, the Agency shall immediately notify the County and confirm any verbal notice in writing. The County shall promptly consult with the Project Engineer concerning such condition and determine the necessity of the County retaining special consultants or qualified experts. The Agency shall not perform any work near-or in connection with the suspect material until receipt of special written instructions from the County. The Agency will ensure that all subcontractors follow these procedures. PRE-WORK SUBMITTALS The Agency shall submit th~name of the Asbestos Contractor and a copy of his/her Florida Asbestos Contractor license to the Collier County department coordinating this project, prior to start of work. WORKER PROTECTION ~icensed asbestos contractors will compl.y with the requirements of OSHA 29 CFR 1929.1101 concerning worker protection. EXECUTION OF WORK AC pipe will be kept wet-during all phases of removal. No visible emissions are permitted. Wet the pipe using an airless sprayer or utilize available water. Apply dropcloth of 6-mil poly to the area beneath and a minimum of 3 feet beyond the section of pipe to be cut. Break, cut, or snap pipe into sections suitable in size to the disposal facility. Abrasive disc saws are prohibited. Apply lockdown encapsulant to exposed edges of pipe. Pick up all pipe debris that may have fallen outside dropcloth. Use of compressed air to clean AC pipes is prohibited. At no time should AC pipe or pieces by mixed in with fill. DISPOSAL Wrap pipe in existing dropcloth. Transfer pipe to a clean dropcloth outside the trench, and wrap and secure in second layer of 6-mil poly. Affix the following labels to the exterior of each separately wrapped section of pipe. Labels are to be waterproof, legible, and large enough in size to be readily visible: First Label.: CAUTION Contains Asbestos Fibers Avoid Opening or Breaking Container Breathing Asbestos is Hazardous to Your Health Second Label: DANGER Contains Asbestos Fibers Avoid Breathing Dust Cancer and Lung Disease Hazard Breathing Airborne Asbestos, Tremolite, Anthophyllite or Actinolite Fibers is Hazardous to Your Health Third Label: RQ HAZARDOUS SUBSTANCE Solid, NOS ORM-E, NA9188 (Asbestos) abel each container with the name of the generator (owner) and the location at which the waste was generated. Properly dispose of all AC pipe generated each day. All wrapped sections may be stored in a secure, locked enclosure pending disposal, if authorized by owner. At no time are section pieces of AC pipe to be left on the worksite uncapped and unsecured at the end of the workday. All vehicles and/or containers used to haul asbestos-containing waste material shall be lined with a minimum or 6-mil poly layer. Label trucks used to transport asbestos-containing waste material during loading and unloading as follows (refer to 29 CFR 1910.145(d)(4) for sign format): DANGER Asbestos Dust Hazard Cancer and Lung Disease Hazard Authorized Personnel Only POST WORK SLrBMITTALS_ The Agency or Asbestos Contractor, as waste generator shall complete a Waste Shipment Record (WSR) for each shipment of asbestos-cement pipe disposed. Refer to 40 CFR Part 61, Revision Final Rule for an example of WSR or contact Collier County Risk Management/Loss Control. The Agency or his designated subcontractor will submit the following documents to the Collier County department coordinating this project prior to payment. - A copy of the WSR prior to shipment. A copy of the WSR signed by the disposal facility within thirty-five (35) days of shipment. apply to all projects contemp~atec~ in tins agm~m~L ,~,~ this agreement: Environmental Protection Agency: 40 CFR Part 61 National Emission Standards for Hazardous Air Pollutants; Asbestos NESHAP Revision Final Rule November 20,1990. Occupational Safety and Health Administration: 29 CFR 1926.1101 - Asbestos, Construction Industry Standard. Department of Business and Professional Regulations, Chapter 469 Florida Statutes, Licensure'of Consultants and Contractors. Federal Labor Standards Provisions U.S. Department of Housing and Urban Development .~pplicability Thc Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contra~ pursuant to the provisions applicable to such Federal assistance. A.. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under thc United States Hous- ing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or re- bate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CNR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof@ due at time of payment com- puted at rates not less than those contained in thc wa~e determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be al- leged to exist between the contractor and such laborers and mechan- ics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act on be- half of laborers or mechanics are considered wages paid to such la- borers or mechanics, subject to the provisions of 29 Cl~-$.$(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. -*~quch laborers and mechanics shall be paid the appropriate wage rate .nd fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 129 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determi- nation (including any additional classification and wage rates con- formed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by thc contractor and its sub- contractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional '~lassification and wage rate and fringe benefits therefore only when the following criteria haYe been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction in- dustry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If thc contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or ~. its designee agree on the classification and wage rate (including thc amount designated for fringe benefits where appropriate), a report of thc action taken shall be sent by HUD or its designee to the Adminis- trator of the Wage and Hour Division, Employment Standards Admin- istration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within '30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB con- trol number 1215-0140.) (c) In the event the contractor, the laborers or mechanics to be em- ployed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropri- ate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its desig- nee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Con- trol Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) de- termined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification un- der this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Pro- vided. That the Secretary of Labor has found, upon the written re- quest of the contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Depart- ment of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis- Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including ap- prentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any appren- tice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advanoe, or guarantee of funds until such violations torm HU D-4010 (2/84) Previous edition is obsolete Page I of 4 ref. Handbook 1344.1 have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the ~ contractor or subcontractor to the respective employees to whom they ,re due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3, (i) Payrolls and basic records. Payrolls and basic records relat- ing therei~ shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all labor- ers and mechanics working at the site of the work (or under the United States Housing Act of 1937. or under the Housing Act of 1949, in the construction or development of the project). Such records shall con- rain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe ben- efits or cash equivalents thereof of the types described in Section l(b)(2)(B) of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Sec- retary of Labor has found under 29 CFR 5.5 (a)(l)(iv) that the wages of any laborer or mechanic include the amount of any costs reason- ably anticipated in providing benefits under a plan or program de- scribed in Section I(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such ben- efits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of ap- prenticeship programs and certification of trainee programs, the reg- istration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of ------Management and Budget under OM B Control Numbers 1215-0140 and 1215-0017.) (a) The contractor shall submit weekly for each week in which (ii) contract work is performed a copy of all payrolls to HUD or i!s any designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the appli- cant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Off ice of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either di- rectly or indirectly, and that no deductions have been made either --- directly or indirectly from the full wages earned, other than permis- sible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set · forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) of this section available for inspection, copy- ing, or transcription by authorized representatives of HUD or its des- ignee or the Department of Labor, and shall permit such representa- tives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide ap- prenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or other- wise employed as stated above, shall be paid not less than the appli- cable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a con- tractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (ex- pressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be ob- served. Every apprentice must be paid at not less than the rate speci- fied in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship pro- gram. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Ad. ministrator determines that a different practice prevails for the appli. cable apprentice classification, fringes shall be paid in accordanc~ form HUD-4010 (2/84 Previous edition is obsolete Page 2 of 4 ref. Handbook 1344. with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the ~..llureau, withdraws approval of an apprenticeship program, the con- actor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted'to work at less than the predetermined rate for the work porformed unless they are employed pursuant ',to and individually register*d in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employ- ment and Training Administration. The ratio of trainees to journey- men on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage deter- mination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprentice' shil5 program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually perf°rmed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage deter- ~--naination for the work actually performed. In the event the Employ- sent and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of appren- tices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incor- porated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also"a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime con- tractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with ail the contract clauses in 29 CFR Part 5.5. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts con- tained in 29 CFR Parts 1, 3, and 5 are herein incorporated by refer- ence in this contract ~" 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of La- bor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of La- bor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this con[tact shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Sec- tion 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(l ) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code. Section I 01 O, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of.. · in- fluencing in any way the action of such Administration ..... makes, utters or publishes any statement knowing the same to be false ..... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor stan- dards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has flied any complaint or in- stituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor stan- dards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms "laborers" and "mechanics" include watch- men and guards. (1) Overtime requirements. No contractor or subcontractor con- tracting for any part of the contract work which may require or in- volve the employment of laborers or mechanics shall require or per- mit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such con- tractor and subcontractor shall be liable to the United States (in the case of work done under contract for the Distr.ict of Columbia or a territory, to such District or to such territory), for liquidated dam- ages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in sub para- graph (1) of this paragraph. .. form HUD-4010 (2/84~ Previous edition is obsolete Page 3 of 4 ref. Handbook 1344.1 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an ~.0.uthorized representative of the Department of Labor withhold or cause be withheld, from any moneys payable on account of work per- Lormed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-.gssisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such ~:ontractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (i) through (4) of this paragraph and also a clause requiring the subcontractors to in- clude these clauses in any lower tier subcontracts. The prime con- tractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dan- gerous to his health and safety as determined under construction safety and health standards promulgated by the 'Secretary of Labor by regu- lation. (2) The Contractor shall comply with all regulations issued by 'the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 151 8) and failure to comply may result in imposition of sanctions pursu- ant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat 96). (3) The Contractor shall include the provisions of this Artiole in ev- ery subcontract so that such provisions will be binding on each sub- contractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such pro- visions. form HUD-4010 (2/84', Previous edition is obsolete Page 4 of 4 ref. Handbook 1344.1