Agenda 10/11/2016 Item #16B1 16.6.1
10/11/2016
EXECUTIVE SUMMARY
Recommendation to approve an agreement between Collier County and the U.S. Department of
Housing and Urban Development to accept Community Development Block grant funds in the
amount of$475,000 for the Immokalee Sidewalk Improvement Project, authorize the Chairman of
the Board to sign the grant agreement and authorize necessary budget amendments.
OBJECTIVE: To provide safe pedestrian access through the construction of sidewalks for the
Immokalee community.
CONSIDERATIONS: On March 22, 2016 (Agenda item 16B2), the Board of County Commissioners
acted as the CRA to approve after-the-fact Community Development Block Grant(CDBG)applications to
fund two different projects, administered by the Collier County Community and Human Services (CHS)
Division as summarized below:
1. Construction of Sidewalk/Streetscape Improvements. Construction of sidewalk improvements on
various locations in Immokalee in the amount of $770,000. This project is aimed at addressing
pedestrian and vehicular safety issues, while also enhancing the community's character through
improved aesthetic appeal.
2. Commercial Facade Improvement Program. Commercial facade improvement grant program for the
Immokalee Community Redevelopment Area in the amount of$440,000. This program is aimed at
economic revitalization through community reinvestment.
On May 5, 2016, through a competitive process, the Immokalee CRA was selected and awarded grant
funds for one of the two proposed projects in the amount of$475,000, which is enough to complete the
requested sidewalk improvement project but not sufficient to complete the streetscape improvements
requested in the grant application.
Staff will be working with the CHS Division to ensure that the project is completed to meet all grant
requirements. The project includes sidewalk and streetscape Improvements on West Eustis Avenue from
S. 9th Street, with sidewalks on both sides; South 5th Street from Carver Street to the existing concrete
sidewalk at the Bethune School, Sidewalk on one side (East side of S. 5th Street) and if funds remain or
are made available South 9th Street from Eustis Avenue to Colorado Avenue, Sidewalk on one side(West
Side of S, 9th Street) in Immokalee.
FISCAL IMPACT: The funding source for the grant award is the HUD CDBG through CHS. A budget
amendment is necessary to recognize grant funds in the amount of$475,000 within the CRA Grant Fund
715,Project 33493. The Immokalee MSTU will pay for the design cost.
GROWTH MANAGEMENT IMPACT: This grant opportunity furthers the programs and projects
within budgetary and policy guidance for the CRA and BCC of Policy 4.2 of the Future Land Use
Element of the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board approval. -JAB
RECOMMENDATION: That the Board of County Commissioners approves an agreement between
Collier County and the U.S. Department of Housing and Urban Development to accept Community
Development Block Grant funds in the amount of$475,000 for the Immokalee Sidewalk Improvement
Project, authorizes the Chairman of the Board to sign the grant agreement, and authorizes necessary
Packet Pg. 793
16.B.I
10/11/2016
budget amendments.
Prepared by:James Sainvilus,Project Manager,Immokalee CRA/MSTU
ATTACHMENT(S)
1. Subrecipient agreement-Immokalee Sidewalk Improvements Project CDBG 2016-2017 (PDF)
Packet Pg':794,
10/11/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.1
Item Summary: Recommendation to approve an agreement between Collier County and the U.S.
Department of Housing and Urban Development to accept Community Development Block grant funds in
the amount of$475,000 for the Immokalee Sidewalk Improvement Project,authorize the Chairman of the
Board to sign the grant agreement and authorize necessary budget amendments.
Meeting Date: 10/11/2016
Prepared by:
Title: Project Manager—Immokalee CRA
Name: James Sainvilus
09/19/2016 2:15 PM
Submitted by:
Title: Division Director-Pub Tran&Nbrhd Enh—Public Transit&Neighborhood Enhancement
Name: Michelle Arnold
09/19/2016 2:15 PM
Approved By:
Review:
Public Transit&Neighborhood Enhancement Michelle Arnold Level 1 Sim.Reviewer 1-8Completed
Immokalee CRA Christie Betancourt Level 1 Sim.Reviewer 1-8 Completed 09/19/2016 2:34 PM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 09/26/2016 10:15 AM
Public Services Department Amanda O.Townsend Level 1 Sim.Reviewer 1-8 Completed 09/26/2016 10:38 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 09/27/2016 12:32 PM
Grants Edmond Kushi Level 2 Grants Review Completed 09/27/2016 2:12 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 09/27/2016 4:31 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/27/2016 4:46 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/28/2016 9:04 AM
Grants Therese Stanley Level 3 OMB 1st Reviewer 1-4 Completed 09/28/2016 3:31 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/03/2016 11:01 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/11/2016 9:00 AM
Packet Pg 795,
16131 a=
w
E
FAIN# B- 16-UC-12-0016 >
Federal Award Date Est. 10/2016
Federal Award Agency HUD
CFDA Name Community Development Y
Block Grant
a)
CFDA/CSFA# 14.218
in
Total Amount of a)
Federal Funds Awarded 1$475,000
Subrecipient Name 7mmokalee Community
Redevelopment Agency1
DUNS# 076997790
FEIN 159-6000558 1
R&D No r
Indirect Cost Rate No f•-
Period of Performance 110/2016-
09/2017
: (11
co
Fiscal Year End 9/30
Monitor End: 112/31/2023 "'
C9
Ca
v
AGREEMENT BETWEEN COLLIER COUNTY
a)
AND
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY(IMMOKALEE) y.�'1
THIS AGREEMENT is made and entered into this _ day of 20_, by and between Collier
County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal c
address at 3339 E Tamiami Trail, Naples FL 34112, and "Collier County Community Redevelopment o.
Agency (CRA)" a community Redevelopment Agency approved by the Board of Collier County
y Y
Commissioners, ("Subrecipient"), having its principal office at 750 South 5a' Street in Immokalee, a
Florida,34142.
�n
WHEREAS, the County has entered into an agreement with the United States Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of E
the Housing and Community Development Act of 1974(as amended);and
WHEREAS,the Board of County Commissioners of Collier County approved the Collier County a'
Consolidated Plan — One year Action Plan for Federal Fiscal Year 2016-2017 for the CDBG Program L
with Resolution 2016-147 on June 28,2016—Agenda Item 11E;and a)
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan a.
concerning the preparation of various Annual Action Plans, the County advertised a substantial ami
amendment on May 20,2016 with a 30 day Citizen Comment period from date May 20,2016 to date June
20,2016;and it)
4;
_ d
Immokalee Community Redevelopment Agency t
CD 16-008 IDIS#546
Immokalee Sidewalk/Streetscape Project
Page 1
Packet Pg.796
� 16i.B1a„�;
E
m
WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG
program;and E
WHEREAS,the County and Subrecipient wish to set forth the responsibilities and obligations of
each in the undertaking the CDBG Immokalee Sidewalk/Streetscape project;and a
inn
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by 76
the Parties as follows:
E
E
PART I •
SCOPE OF WORK ti
The Subrecipient shall, in a satisfactory and proper manner and consistent with any standards required as
a condition of providing CDBG assistance as provided herein and, as determined by Collier County N
Community and Human Services(CHS)Division,perform the tasks necessary to conduct the program as
follows: `V
m
lImmokalee Sidewalk/Streetscape project
Description of project and outcome: o
a
CHS as an administrator of the CDBG program will make available CDBG funds up to the gross m
amount of$475,000 to the Immokalee CRA for sidewalk and streetscape improvements on West aEi
Eustis Avenue-from S.9th St,with sidewalks on both sides;South 5th Street-from Carver Street o
to the existing concrete sidewalk at the Bethune School, Sidewalk on one side(East side of S. 5th a.
St.);and if funds remain or are made available South 9th Street from W.Eustis Ave to Colorado
Ave,Sidewalk on one side(West Side of S.9th St.)in Immokalee. The project will be for the
construction of sidewalks,replacement or installation of site furnishings including but not limited
to litter receptacles,benches,landscaping,associated existing storm water system enhancements, in
permitting,construction inspection services, contingencies and any other associated activities ami
needed to complete the sidewalk and streetscape project.
E
The property will be deed restricted for five(5)years commencing on the date of initially meeting
one of the National Objectives in accordance with 24 CFR 570.505.
m
E
am
m
1.1 SPECIAL GRANT CONDITIONS
A. Within thirty(30)calendar days of the execution of this agreement,the Subrecipient must Q,
deliver to CHS for approval a detailed project schedule for the completion of the project. ,19
B. The following resolutions and policies must be adopted by the Subrecipient's governing
body within thirty(30)days of award of this agreement:
- Immokalee Community Redevelopment Agency
CD 16-008 IDIS#546
Immokalee Sidewalk/Streetscape Project
Page 2
Packet Pg.797
-z16.13.1 a``
m
❑ Affirmative Fair Housing Policy
0
Affirmative Action/Equal Opportunity Policy
• Conflict of Interest Policy x
• Procurement Policy
❑ Uniform Relocation Act Policy
Sexual Harassment Policy
Procedure for meeting the requirements set forth in Section 3 of the Housing and ami
Urban Development Act of 1968,as amended(12U.S.C.794 1 u) c
• Procedures for meeting the requirements set forth in Section 504 of the E
Rehabilitation Act of 1973,as amended(29 U.S.C.794)
Fraud Policy
ti
C. Environmental Review Requirement(ERR)-No program costs can be incurred until an r,-
environmental review of the proposed project is completed, and approved by HUD.
Further,the Subrecipient will not undertake any activity or commit any funds prior to the cTo
HUD environmental clearance of funds and a CHS Notice to Proceed (NTP) letter.
Violation of this provision will result in the denial of any reimbursement of funds under
this Agreement.
1.2 PROJECT DETAILS
7,97
A. Project Description/Project Budget =�
m
Description Federal Amount
CHS, as an administrator of the CDBG program,will make available CDBG funds up $475,000 °
to the gross amount of$475,000 to the Immokalee CRA for sidewalk and streetscape E
improvements on West Eustis Avenue-from S. 9th St, with sidewalks on both sides;
South 5th Street-from Carver Street to the existing concrete sidewalk at the Bethune
School,Sidewalk on one side(East side of S. 5th St.);and if funds remain or are made .a
available South 9th Street from W. Eustis Ave to Colorado Ave, Sidewalk on one v�
side (West Side of S. 9th St.) in Immokalee. The project will be for the construction
of sidewalks, replacement or installation of site furnishings including but not limited
to litter receptacles, benches, landscaping, associated existing storm water system E
enhancements, permitting, construction inspection services, contingencies and any
other associated activities needed to complete the sidewalk and streetscape project.
Total Federal Funds: $475,000
m
The Subrecipient will accomplish the following checked project tasks:
co
O Pay all closing costs related to property conveyance m
❑ Maintain and provide to the County as requested beneficiary income certification E.
Z.3
documentation1-1
Maintain National Objective Documentation
• Provide Quarterly reports on National Objectives and project progress
Immokalee Community Redevelopment Agency F/-*
CD 16-008 IDIS#546
ca
Immokalee Sidewalk/Streetscape Project
Page 3
Packet Pg 798
I6.B 1.a
c
® Required attendance by a representative from executive management at quarterly
partnership meetings,as requested by CHS. 2
® Identify Lead Project Manager aE
® Provide Site Design and Specifications Y
® Comply with Davis Bacon Labor Standards a
® Provide certified payroll weekly throughout construction and rehabilitationa)
® Comply with Uniform Relocation Act(URA),if necessary d
❑ Ensure applicable numbers of units are Section 504/ADA accessible o
® Ensure the applicable affordability period for the project is met E
E
B. NationalObjective
N
0
F-
The CDBG program funds awarded to Collier County must benefit low-moderate income persons
(LMI). As such the Subrecipient shall be responsible for ensuring that all activities and '`
0
beneficiaries meet the definition of: N
co
0
® LMA—Low/Mod Area Benefit N
❑ LMC—Low/Mod Clientele Benefit o
El LMH—Low/Mod Housing Benefit 0
❑ LMJ—Low/Mod Job Benefit I
a>
iL
LMA: Must document where at least 51% of the residents are LMI persons which by a
1
HUD determined eligible census tracts. Failure to achieve the national objective under this m
agreement will require repayment of the CDBG investment under this agreement. E
LMC: Must document that at least 51% of persons served, are low to moderate income c
households, in order to meet a CDBG National Objective. Failure to achieve the national E
objective under this agreement will require repayment of the CDBG investment under this —
agreement. �a
LMH: Must document providing or improving permanent residential structures, which -a)
, upon completion will be occupied by LMI households. Structures with three or more units must in
have at least 51% occupied by LMI households. Failure to achieve the national objective under m
this agreement will require repayment of the CDBG investment under this agreement. c
LMJ:Must document job creation and retention LMI benefit national objective addresses E
activities designed to create or retain permanent jobs,at least 51% of which(computed on a full- E
time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the c
national objective under this agreement will require repayment of the CDBG investment under E
this agreement. L
C. Performance Deliverables a'
c
Program Deliverable Deliverable Supporting Submission Schedule o.
Documentation a
as
Special Grant Condition Policies Policies as stated in this (Within thirty(30)days of 3
(Section 1.1) agreement agreement execution I co
c
___ Immokalee Community Redevelopment Agency .EE
CD 16-008 IDIS#546 c
Immokalee Sidewalk/Streetscape Project a
Page 4
Packet Pg.799,;
116B1 a;
Y
_
a)
E
Insurance 'Insurance Certificate 1 (Within 30 days of agreement >
execution and Annually within 2
a.
thirty(30)days of renewal I E
Detailed project Schedule Project Schedule I Within thirty(30)days of ;c
agreement execution ) 3
Project Plans and Specifications "Site Plans and Specifications I Prior to Construction Start I
Submission of Progress Report Exhibit C I 'Quarterly reports.Annually after in
closeout. I a)
Financial and Compliance Audit Exhibit E ' 'Annually 9 months after FY end
until 2022 I o
E
Continued Use Certification ;Continued Use Affidavit,if (Annually until 2023 E
applicable
Revenue Plan for maintenance Plan approved by the County (initial Plan due after completion ti
and Capital Reserve of rehabilitation and annually r-
...-
thereafter until 2023 I N.
Program Income Reuse Plan Plan Approved by the County I 'Annually thereafter-Not o
Applicable )
0
N
D. Payment Deliverables 0
m
0
Payment Deliverable Payment Supporting Documentation Submission Schedule y
Project Component 1: • Submission of supporting • Submission of a
Construction and related activities documents must be provided as monthly °
to include but not limited to backup as evidenced by,banking invoices y
sidewalks,replacement or documents,completed AIA G702- m^
installation of site furnishings 1992 form or equivalent document E
including but not limited to litter per contractor's Schedule of c
receptacles,benches,landscaping, Values and any additional L
o.
associated existing storm water documents as needed. E
system enhancements,permitting, • Invoices for construction .
construction inspection services, inspections services with a
contingencies and any other payment amount reflected in 0
associated activities needed to Exhibit"B". • Submit request in
complete the sidewalk and • 10%retainage will be withheld after final close m
streetscape project. with each request for payment and out monitoring as
will be released upon completion clearance E
of activities and final close out E
monitoring
s+
as
10% retainage held, will be released upon documentation that at least 51% of persons served are low to E
moderate income households, in order to meet a CDBG National Objective.' Failure on behalf of the as
subrecipient in achieving the National Objective under this agreement will require repayment of the a:
CDBG investment under this agreement and aforementioned rehabilitation/construction agreement. C'
Tx
.v
1.3 PERIOD OF PERFORMANCE
13w
_
Immokalee Community Redevelopment Agency F,"^\
CD 16-008 IDIS#546 `-
.a
Immokalee Sidewalk/Streetscape Project d
Page 5
Packet pg.800
16,B1a'
(Services of the Subrecipient shall start effective the date of the execution of this agreement and CD
shall end on or before September 30,2017. ( °
o.
E
1.4 AGREEMENT AMOUNT Y
(The COUNTY agrees to make available Four Hundred Seventy Five Thousand Dollars
($475,000.00) For the use by the SUBRECIPIENT during the term of the agreement(hereinafter,
shall be referred to as the"Funds").
Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted
fund shifts among line items shall not be more than 10%of the total funding amount and does not
signify a change in scope. Fund shifts that exceed 10% of the agreement amount shall only be
made with Board approval.
ti
The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon N
completion or partial completion of the work tasks as accepted and approved by CHS. co
0
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for C%'
eligible costs, and all disbursements requests must be limited to the amount needed at the time
of the request. Invoices for work performed are required every month. c�
SUBRECIPIENT may expend funds only for allowable costs resulting from obligations
incurred during the term of this agreement. If no work has been performed during that month, or o
if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be N
required. Explanations will be required if two consecutive months of$0 invoices are submitted.
Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not
more frequently than once per month. Reimbursement will not occur if Subrecipient fails to 0
L
perform the minimum level of service required by this agreement. Q-
E
Final invoices are due no later than 90 days after the end of the agreement. Work performed
during the term of the program but not invoiced within 90 days after the end of the agreement m
may not be processed without written authorization from the Grant Coordinator. in
The County Manager or designee may extend the term of this agreement for a period of up to 180
days after the end of the agreement. Extensions must be authorized in writing by formal letter to E
the Subrecipient and reported to the Board on a quarterly basis.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable local, state or Federal requirements. Payment will be made upon receipt of a L
properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known
as the"Local Government Prompt Payment Act."
1.5 COST PRINCIPLES (7)
cn
Y
Immokalee Community Redevelopment Agency E
CD 16-008 IDIS#546
cts
Immokalee Sidewalk/Streetscape Project
Page 6
Packet Pg 801
16.B1a ,
E
Payments to the Subrecipient are governed by the Federal grants management rules for cost
allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section Q
(Section 1.5-Cost Principles) of this agreement, Subrecipient is defined as a described in 2 CFR
200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s)listed under this
Scope of Work. The Subrecipient may only incur direct costs that may be attributed specifically -a
in
to the projects referenced above as defined in 2 CFR 200.413. The Subrecipient must provide CD
adequate documentation for validating costs incurred.Payments to Subrecipient's contractors and Y
vendors are conditioned upon compliance with the procurement requirements provided for in 2
CFR 200.318-200.326. Allowable costs incurred by the Subrecipients and Contractors shall be in E
compliance with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart cv
E, however the County is Subject to 2 CFR Subpart E and may impose requirements upon the o
Developer in order for the County to remain compliant with its obligation to follow 2 CFR
Subpart E. The Developer will use adequate internal controls, and maintain necessary source c
documentation for all costs incurred and adhere to any other accounting requirements included in
this agreement.
C,
1.6 NOTICES m
U
Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), m
commercial courier,personal delivery, or sent by facsimile or other electronic means. Any notice a
delivered or sent as aforesaid shall be effective on the date of delivery or sending.All notices and Y^
other written communications under this agreement shall be addressed to the individuals in the
capacities indicated below,unless otherwise modified by subsequent written notice. m
2
a
E
COLLIER COUNTY 1 !ATTENTION:Lisa Oien,Grant Coordinator I s
1339 E Tamiami Trail,Suite 211 ' -owNaples,Florida 34112 j in
4 j Email: lisaoien@colliergov.net
Telephone:(239)252-6141 I
0
Immokalee CRA I ATTENTION:James Sainvilus,Project Manager I
750 South 56 Street ; ,
mmokalee,Florida 34142 I m
♦Email:jamessainvilus@colliergov.net
Telephone:(239)269-6958 I m
R it
Q
�U
d
Immokalee Community Redevelopment Agency E0*—N.
CD 16-008 IDIS#546
Immokalee Sidewalk/Streetscape Project
Page 7
Packet Pg.802
16.B1.a
c
E
PART II
GRANT CONTROL
REQUIREMENTS E
2.1 AUDITS
is
in
At any time during normal business hours and as often as the COUNTY (and/or its
representatives) may deem necessary, the SUBRECIPIENT shall make available all records, Y
documentation and any other data relating to all matters covered by the agreement for review,
inspection or audit. E
Any deficiencies noted in audit reports must be fully cleared by the Grantee,Developer,or
ti
Subrecipient within 30 days after receipt by the organization. Failure of the organization to
comply with the above audit requirements will constitute a violation of this contract and may
result in the withholding of future payments. The Subrecipient hereby agrees to have an annual clA
cc
agency audit conducted in accordance with current Grantee policy concerning Subrecipient
audits. t7
The determination of amounts of Federal awards expended shall be in accordance with guidelines v
established by 2 CFR Part 200,Subpart F-Audit Requirements.
0
a
2.2 RECORDS AND DOCUMENTATION y
The Subrecipient shall maintain sufficient records in accordance with 24 CFR 570.506 to
determine compliance with the requirements of this agreement,the CDBG Program and all other
applicable laws and regulations. This documentation shall include, but not be limited to, the
E
following: �c
A. All records required by CDBG regulations.
in
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
R
would be required by COUNTY in order to perform the service.
E
C. All reports, plans, surveys, information, documents,maps, books, records and other data
procedures developed, prepared, assembled, or completed by the Subrecipient for the
purpose of this agreement shall be made available to the COUNTY by the
SUBRECIPIENT at any time upon request by the COUNTY or CHS.Materials identified L
in the previous sentence shall be in accordance with generally accepted accounting
principles (GAAP), procedures and practices, which sufficiently and properly reflect all
revenues and expenditures of funds provided directly or indirectly by this agreement,
including matching funds and Program Income. These records shall be maintained to the a'
extent of such detail as will properly reflect all net costs, direct and indirect labor,
Immokalee Community Redevelopment Agency
CD 16-008 IDIS#546
Immokalee Sidewalk/Streetscape Project
Page 8
Packet Pg.803
16B1.aa
c
m
materials, equipment, supplies and services, and other costs and expenses of whatever >
nature for which reimbursement is claimed under the provisions of this agreement.
E
D. Upon completion of all work contemplated under this agreement copies of all documents
70
and records relating to this agreement shall be surrendered to CHS if requested. In any
event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in -o
a readily accessible, permanent and secured location for five (5) years after the date of
submission of the annual performance and evaluation report, as prescribed in 2 CFR
200.333 with the following exception: if any litigation, claim or audit is started before
the expiration date of the five (5) year period, the records will be maintained until all E
litigation, claim or audit findings involving these records are resolved. The COUNTY
N
shall be informed in writing if an agency ceases to exist after closeout of this agreement
of the address where the records are to be kept as outlined in 2 CFR 200.336. Meet all
requirements for retaining public records and transfer, at no cost,to COUNTY all public
records in possession of the SUBRECIPIENT upon termination of the contract and
ca
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. All records stored electronically must be c�
C7
provided to the COUNTY in a format that is compatible with the information technology
systems of the public agency. U
a>
E. The SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon a
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 o
purchasing requirements and with other federal requirements for grant implementation.
E
F. The SUBRECIPIENT will be responsible for the creation and maintenance of income 3
eligible files on clients served and documentation that all households are eligible under
HUD Income Guidelines.The SUBRECIPIENT agrees that CHS shall be the final arbiter in
on the SUBRECIPIENT's compliance.
ca
O
G. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24
CFR 570.208 and the eligibility requirement(s) under which funding has been received,
have been met. These also include special requirements such as necessary and 6.
appropriate determinations as defined in 24 CFR 570.208, income certification, and E
E
written agreements with beneficiaries,where applicable. L
as
H. SUBRECIPIENT shall provide the public with access to public records on the same
terms and conditions that the public agency would provide the records and at a cost that si
does not exceed the cost provided in this chapter or as otherwise provided by law.
SUBRECIPIENT shall ensure that public records that are exempt or confidential and
Immokalee Community Redevelopment Agency c
CD 16-008 IDIS#546 Er1
Immokalee Sidewalk/Streetscape Project
Page 9
Packet Pg. 804
X1518.1 a
fpc
�
exempt from public records disclosure requirements are not disclosed except as
authorized by 2 CFR 200.336 and 2 CFR 200.337.
E
2.3 MONITORING
During the term, SUBRECIPIENT shall submit an annual audit monitoring report(Exhibit E)to
the COUNTY no later nine(9)months after the Single Audit(or one hundred eighty(180) days
for Subrecipients exempt from Single Audit), after the Subrecipients 's fiscal year end. The
COUNTY will conduct an annual financial and programmatic review.
The SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site
monitoring visit and evaluation activities as determined necessary.At the COUNTY's discretion,
a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation
of this agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon
the request of CHS, submit information and status reports required by CHS or HUD to enable 0,►
CHS to evaluate said progress and to allow for completion of reports required. The c
SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site N
C9
visits may be scheduled or unscheduled as determined by CHS or HUD. mo
The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate
fraud,waste, abuse,or non-performance based on goals and performance standards as stated with
all other applicable federal, state and local laws, regulations, and policies governing the funds N
provided under this agreement further defined by 2 CFR 200.331. Substandard performance as
determined by the COUNTY will constitute noncompliance with this agreement. If corrective
action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified o
by the COUNTY, contract suspension or termination procedures will be initiated.
SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General
Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records 3
related to performance of activities in this agreement.
�n
2.4 PREVENTION OF FRAUD AND ABUSE
•
SUBRECIPIENT shall establish, maintain and utilize internal systems and procedures sufficient
to prevent, detect and correct incidents of waste, fraud and abuse in the performance of this
Agreement and to provide for the proper and effective management of all Program and fiscal
activities by the Agreement. SUBRECIPIENT's internal control systems and all transactions and
other significant events are to be clearly documented and the documentation shall be readily L
available for monitoring by COUNTY.
SUBRECIPIENT shall give COUNTY complete access to all of its records, employees and Q
agents for the purpose of monitoring or investigating the performance of the Agreement. F)
.Q
Immokalee Community Redevelopment Agency
CD 16-008 IDIS#546
Immokalee Sidewalk/Streetscape Project
Page 10 cc
Packet Pg 805
16. 3.1.a
c
E
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate and prevent >
waste,fraud and abuse. 0
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement or of any law or regulation to COUNTY or to any
appropriate law enforcement authority,if the report is made in good faith.
to
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this contract.Penalties may be imposed for failures to implement or to make E
acceptable progress on such corrective action plans.
0
ti
In order to effectively enforce Resolution No. 2013-228,Community and Human Services(CHS)
has adopted an escalation policy to ensure continued compliance by Subrecipients,Developers,or
any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as
follows:
N
1. Initial non-compliance may result in Findings or Concerns being issued to the CO
entity and will require a corrective action plan be submitted to the Division
within 15 days following issuance of the report.
0
L
a
• Any pay requests that have been submitted to the Division for payment will
be held until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA)to the entity as o
needed in order to correct the non-compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely
manner to the Division,the Division may require a portion of the awarded grant
amount be returned to the Division. N
m
m
• The County may require upwards of five percent(5%) of the award amount
be returned to the Division, at the discretion of the Board of County
Commissioners.
c
as
• The entity may be considered in violation of Resolution No.2013-228
°
3. If in the case an Entity continues to fail to correct the outstanding issue or repeats
an issue that was previously corrected,and has been informed by the Division of oci
their substantial non-compliance by certified mail; the Division may require a c.)'
portion of the awarded grant amount or the amount of the CDBG investment for
acquisition of the properties conveyed,be returned to the Division.
Immokalee Community Redevelopment Agency
CD 16-008 IDIS#546 5.•^N
Immokalee Sidewalk/Streetscape Project
Page 11
Packet Pg. 806
16B.1a
a)
• The Division may require upwards of ten percent(10%)of the award amount
be returned to the Division, at the discretion of the Board of County
Commissioners.
o
• The entity will be considered in violation of Resolution No.2013-228
4. If in the case after repeated notification the Entity continues to be substantially
non- compliant, the Division may recommend the contract or award be
terminated. E
• The Division will make a recommendation to the Board of County o
Commissioners to immediately terminate the agreement or contract. The
ti
Entity will be required to repay all funds disbursed by the County for project
that was terminated.This includes the amount invested by the County for the
initial acquisition of the properties or other activities.
t7
• The entity will be considered in violation of Resolution No.2013-228
C)
If in the case the Entity has multiple agreements with the Division and is found to be non- d,
compliant,the above sanctions may be imposed across all awards at the BCC's discretion.
n
2.6 REPORTS
Reimbursement may be contingent on the timely receipt of complete and accurate reports o
required by this agreement, and on the resolution of monitoring findings identified pursuant to E
this agreement as deemed necessary by the County Manager or designee. �e
During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the ;a
10th day of January,April,July and October respectively for the prior quarter period end.As part ami
of the report submitted in October,the SUBRECIPIENT also agrees to include, a comprehensive
final report covering the agreed-upon Program objectives, activities and expenditures and
including, but not limited to, performance data on client feedback with respect to the goals and
objectives set forth in Exhibit"C".Exhibit"C"contains an example reporting form to be used
in fulfillment of this requirement. Other reporting requirements may be required by the County =
Manager or designee in the event of Program changes; the need for additional information or
documentation arises; and/or legislative amendments are enacted. Reports and/or requested m
documentation not received by the due date shall be considered delinquent and may be cause for
default and termination of this agreement.
Q
U
w
U)
Immokalee Community Redevelopment Agency
CD 16-008 IDIS#546 E
Immokalee Sidewalk/Streetscape Project 5
Page 12
Packet Pg.807
X16 B.1.a'
C
a>
E
PART Ili
TERMS AND CONDITIONS a
E
3.1 SUBCONTRACTS 'c
No part of this agreement may be assigned or subcontracted without the written consent of the -a
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and m
judgment.
3.2 GENERAL COMPLIANCE
N
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)) including subpart K of these regulations,
except that (1) the SUBRECIPIENT does not assume the recipient's environmental N
responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the
recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52
and (3) SUBRECIPIENT is required to follow federal procurement and (4) for DEVELOPERS m
revenue generated is not considered program income. The CDBG program was funded through v
the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to
comply with all other applicable Federal,state and local laws,regulations,and policies governing a
the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds
available under this agreement to supplement rather than supplant funds otherwise available.
E
a>
3.3 INDEPENDENT CONTRACTOR o
i
a.
Nothing contained in this agreement is intended to, or shall be construed in any manner, as
creating or establishing the relationship of employer/employee between the parties. The
SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the -°'a
services to be performed under this agreement. The Grantee shall be exempt from payment of all in
Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' m
ca
Compensation Insurance,as the SUBRECIPIENT is an independent contractor.
3.4 AMENDMENTS
� II
E'
The COUNTY or SUBRECIPIENT may amend this agreement at any time provided that such
amendments make specific reference to this agreement,and are executed in writing, signed by a
duly authorized representative of each organization, and approved by the Grantee's governing a)
body. Such amendments shall not invalidate this agreement, nor relieve or release the Grantee or
SUBRECIPIENT from its obligations under this agreement.
•
Immokalee Community Redevelopment Agency
CD 16-008 IDIS#546 En
Immokalee Sidewalk/Streetscape Project
Page 13 ::
Packet Pg.808
nf.
16.B;1.a
r
C
o
The COUNTY may, in its discretion, amend this agreement to conform with Federal, state or 0
local governmental guidelines, policies and available funding amounts, or for other reasons. If 2
a
such amendments result in a change in the funding, the scope of services, or schedule of the E
activities to be undertaken as part of this agreement,such modifications will be incorporated only Y
71
by written amendment signed by both Grantee and SUBRECIPIENT. m
in
3.5 AVAILABILITY OF FUNDS w
m
The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must E
be implemented in full compliance with all of HUD's rules and regulations and any agreement E
between COUNTY and HUD governing CDBG funds pertaining to this agreement. In the event ••
N
of curtailment or non-production of said federal funds,the financial sources necessary to continue o
to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event,
the COUNTY may terminate this agreement, which termination shall be effective as of the date c
that it is determined by the County Manager or designee, in his-her sole discretion and judgment,
co
that the funds are no longer available. In the event of such termination, the SUBRECIPIENT c
agrees that it will not look to, nor seek to hold the COUNTY,nor any individual member of the `"
0
County Commissioners and /or County Administration, personally liable for the performance of m
this agreement,and the COUNTY shall be released from any further liability to SUBRECIPIENT o
r
under the terms of this agreement.
a)
0
3.6 INDEMNIFICATION a
v,
.r
d
To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold E
harmless Collier County, its officers, agents and employees from any and all claims, liabilities, o
damages, losses, costs, and causes of action which may arise out of an act, omission, including, Q-
but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the Y
negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its 3
agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or -°'a
any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the in
performance of this agreement. This indemnification obligation shall not be construed to negate, m
abridge or reduce any other rights or remedies which otherwise may be available to an .
o
indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all E
claims and losses of any nature whatsoever in connection therewith and shall defend all suits in E
the name of the COUNTY and shall pay all costs (including attorney's fees)and judgments c
which may issue there-on.This Indemnification shall survive the termination and/or expiration of E
this agreement. This section does not pertain to any incident arising from the sole negligence of L
Collier County. The foregoing indemnification shall not constitute a waiver of sovereignco
immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall m
survive the expiration of termination of this agreement. 'a
P.L
3.7 GRANTEE RECOGNITION/SPONSORSHIPS 0
co
Immokalee Community Redevelopment Agency c
CD 16-008 IDIS#546 E
Immokalee Sidewalk/Streetscape Project a
Page 14 2
a
Packet Pg.809:,
16B1a
c
m,
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports and similar o
L
public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the _E
E
Program shall include the statement: �c
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN
113
DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT.This design
concept is intended to disseminate key information regarding the development team as well as
Equal Housing Opportunity to the general public. Construction signs shall comply with
applicable COUNTY codes.
ti
3.8 DEFAULTS,REMEDIES,AND TERMINATION eon,
to
In accordance with 2 CFR 200.339, this agreement may also be terminated for
convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth m
the reasons for such termination, the effective date, and, in the case of partial terminations, the v
portion to be terminated. However,if in the case of a partial termination,the Grantee determined d
that the remaining portion of the award will not accomplish the purpose for which the award was
made,the Grantee may terminate the award in its entirety.
as
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
agreement:
a.
A. Failure to comply with any of the rules, regulations or provisions referred to herein, or
such statutes,regulations, executive orders,and HUD guidelines,policies or directives as
may become applicable at any time;
in
B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner m
its obligations under this agreement;
E
C. Ineffective or improper use of funds provided under this agreement;or
D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or
incomplete in any material respect. m
L
E. Submission by the SUBRECIPIENT of any false certification;
F. Failure to materially comply with any terms of this agreement;and
Immokalee Community Redevelopment Agency *;
CD 16-008 IDIS#546
Immokalee Sidewalk/Streetscape Project 50"\
Page 15 co
PacketPg.810
16.B 1.a
E
G. Failure to materially comply with the terms of any other agreement between the County
and the SUBRECIPIENT relating to the project.
E
In the event of any default by SUBRECIPIENT under this agreement,the County may seek any 'e
7a
combination of one or more of the following remedies:
Cl)
A. Require specific performance of the agreement,in whole or in part; cui
B. Require the use of or change in professional property management;
E
C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds
SUBRECIPIENT has received under this agreement;.
D. Apply sanctions if determined by the County to be applicable;
co
N
E. Stop all payments until identified deficiencies are corrected;
F. Terminate this agreement by giving written notice to SUBRECIPIENT of such
termination and specifying the effective date of such termination. If the agreement is 0
terminated by the County as provided herein, SUBRECIPIENT shall have no claim of d
payment or claim of benefit for any incomplete project activities undertaken under this
o.
agreement. r
c
3.9 REVERSION OF ASSETS
In the event of a termination of this agreement and in addition to any and all other remedies o.
available to the COUNTY (whether under this agreement or at law or in equity) the
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
termination (or expiration) and any accounts receivable attributable to the use of CDBG funds,
per 24 CFR 570.503(b)(7). in
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right(nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the E
funds or property,as the COUNTY may deem necessary.Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
m
E
3.10 INSURANCE L
az
SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until m
all insurance required as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and 7).
carried,at all times during its performance. L
co
Immokalee Community Redevelopment Agency
CD 16-008 IDIS#546 E
Immokalee Sidewalk/Streetscape Project 5
Page 16
Packet Pg.811
1613.1.-a
3.11 ADMINISTRATIVE REQUIREMENTS
0
L
The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget _E
and the Scope of Work(Part I), the Uniform Administrative Requirements, Cost Principles and
Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the
Community Development Block Grants(24 CFR 570 et seq.).
3.12 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards at(2 CFR 200.318 through
.326)and Collier County's purchasing thresholds.
N
ti
Range: Competition Required
$0-$3,000 1 Written Quote
$3,000-$10,000 3 Written Quotes
$10,000-$50,000 3 Written Quotes
$50,000+ Bids,Proposals,Contracts(ITB,RFP,etc)
t7
CO
All improvements specified in Part I. Scope of Work shall be performed by Subrecipient v
employees, or shall be put out to competitive bidding under a procedure acceptable to the
COUNTY and Federal requirements. The Subrecipient shall enter into contracts for
improvements with the lowest,responsible and qualified bidder. Contract administration shall be a`
handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records c^
and documents related to the project. a)
0
3.13 PROGRAM GENERATED INCOME E
To
No Program Income is anticipated. In the event there is Program Income derived from the use of
CDBG funds disbursed under this agreement, such Program Income shall be retained by the a
Cn
SUBRECIPIENT for use in the Community Development Grant Program. Any "Program
Income" (as such term is defined under applicable Federal regulations) gained from any activity
of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an
annual program income re-use plan,utilized by the SUBRECIPIENT accordingly,and shall be in E
compliance with 2 CFR 200.307 and 24 CFR 570.503(c)in the operation of the Program. In the
event there is a program income balance at the end of the Program Year,such balance shall revert
m
to the COUNTY's Community Block Grant Program,for further reallocation.
m
3.14 GRANT CLOSEOUT PROCEDURES
c
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are •.
completed. The Subrecipient may close out the project with the County after the year
coImmokalee Community Redevelopment Agency
CD 16-008 IDIS#546
Immokalee Sidewalk/Streetscape Project
Page 17 c.�,
Packet Pg.812
'16.B.1 a:
a..
c
E
affordability period has been met, if applicable. Activities during this closeout period shall >
include,but not be limited to: making final payments,disposing of program assets(including the
a
return of all unused materials, equipment, program income balances, and receivable accounts to E
the COUNTY),and determining the custodianship of records. In addition to the records retentionTv
outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes a3i
regarding records maintenance, preservation and retention. A conflict between state and federal -a
in
law records retention requirements will result in the more stringent law being applied such that m
the record must be held for the longer duration. Any balance of unobligated funds which have 11
been advanced or paid must be returned to the COUNTY.Any funds paid in excess of the amount o
E
to which the SUBRECIPIENT is entitled under the terms and conditions of this agreement must E
be refunded to the COUNTY SUBRECIPIENT shall also produce records and information that c"
complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in ti
accordance with 2 CFR 200.343. —
I--
,--
0 O
3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE Coc
0
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be C9
subjected to, discrimination under any activity carried out by the performance of this agreement m
0
on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon V
receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this
m
.p
agreement. a`
To the greatest extent feasible, lower-income residents of the project areas shall be given as
opportunities for training and employment; and to the greatest feasible extent eligible business E
concerns located in or owned in substantial part by persons residing in the project areas shall be o
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with °-
E
Section 3 of the Housing and Community Development Act of 1968. ,e
Ta
3
3.16 OPPORTUNITITES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS �_
ENTERPRISES N
d
0
is
The SUBRECIPIENT will use its best efforts to afford small businesses, minority business
0
enterprises,and women's business enterprises the maximum practicable opportunity to participate E
in the performance of this contract. As used in this contract,the terms "small business" means a —
business that meets the criteria set forth in section 3(a)of the Small Business Act,as amended(15 6'
w
U.S.C. 632), and"minority and women's business enterprise" means a business at least fifty-one E
(51)percent owned and controlled by minority group members or women.For the purpose of this L
definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed R
or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT m
may rely on written representations by businesses regarding their status as minority and female : -
business enterprises in lieu of an independent investigation. a
m
0
Immokalee Community Redevelopment Agency m
^� CD 16-008 IDIS#546 E
Immokalee Sidewalk/Streetscape Project s
Page 18 w
d
Packet Pg. 813.
16.111.a ..
c
m
E
3.17 PROGRAM BENEFICIARIES >
°
Q.
At least fifty-one percent(51%) of the beneficiaries of a project funded through this agreement >✓
must be low-and moderate- income persons or presumed to be low to moderate income persons
based on applicable regulation, if the agreement is meeting a national objective through a LMI
strategy. If the project is located in an entitlement city, as defined by HUD, or serves -o
in
beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted
under this agreement must reside in unincorporated Collier County or in municipalities co
participating in the County's Urban County Qualification Program. The project shall assist
beneficiaries as defined above for the time period designated in Exhibit"C"of this agreement. E
N
3.18 AFFIRMATIVE ACTION ti
The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's
specifications an Affirmative Action Program in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide
Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such `N1
program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for
G
approval prior to the award of funds. The Affirmative Action will need to be updated throughout
the five year period and must be submitted to County within 30 days of update/modification.
a.
3.19 CONFLICT OF INTEREST �n�1
a)
The SUBRECIPIENT covenants that no person under its employ who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest, o
direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner Q-
E
or degree with the performance of this agreement and that no person having any conflict of Y
interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT 3
covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and 2
CFR 200.318, and the State and County statutes,regulations, ordinance or resolutions governing
conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its
employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low and moderate-
income residents of the project target area.
a)
E
The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to L
entering into any contract with an entity owned in whole or in part by a covered person or an
entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may
review the proposed contract to ensure that the contractor is qualified and that the costs are o.
reasonable.Approval of an identity of interest contract will be in the COUNTY's sole discretion. L
This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects
c
Immokalee Community Redevelopment Agency
CD 16-008 IDIS#546
Immokalee Sidewalk/Streetscape Project 1
Page 19 z
Packet Pg. 814.
16.B.1a ._
� m
using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or >
its employees shall be disclosed in writing to CHS provided,however,that this paragraph shall be a
interpreted in such a manner so an not to unreasonably impede the statutory requirement that E
maximum opportunity be provided for employment of and participation of low and moderate
income residents of the project target area.
inn
3.20 RELIGIOUS ORGANIZATIONS m
CDBG funds may be used by religious organizations or on property owned by religious E
organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The E
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
O
F—
A. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to persons on
the basis of religion. (11
B. It will not discriminate against any person applying for public services on the basis of `s1
(9
religion and will not limit such services or give preference to persons on the basis of
religion. V
a)
C. It will retain its independence from Federal, State and local governments and may o
continue to carry out its mission, including the definition, practice and expression of its
religious beliefs, provided that it does not use direct CDBG funds to support any
inherently religious activities,such as worship,religious instruction or proselytizing.
0
L
D. The funds shall not be used for the acquisition,construction or rehabilitation of structures o.
to the extent that those structures are used for inherently religious activities. Where a Y
structure is used for both eligible and inherently religious activities, CDBG funds may 3
not exceed the cost of those portions of the acquisition, construction or rehabilitation that
are attributable to eligible activities in accordance with the cost accounting requirements in
applicable to CDBG funds in this part. Sanctuaries,chapels,or other rooms that a CDBG d
funded religious congregation uses as its principal place of worship, however, are c
ineligible for CDBG funded improvements. E
3.21 INCIDENT REPORTING
If services to clients are to be provided under this agreement, the subrecipient and any i
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitationas
of a child,aged person,or disabled adult to the County. m
.Q
Immokalee Community Redevelopment Agency
CD 16-008 IDIS#546 a
Immokalee Sidewalk/Streetscape Project
Page 20
Q
Packet Pg.81y5
16.61 ay,
0
3.22 SEVERABILITY
0
L
Should any provision of the agreement be determined to be unenforceable or invalid, such a E
determination shall not affect the validity or enforceability of any other section or part thereof.
0
in
0
0
Ca
0
E
E
N
O
ti
ti
O
tD
O
N
CD
m
U
v
0
0
0.
0
E
0
0
0.
E
ra
0
CT)
0
0
Ta
0
E
E
C
0
E
0
0
a)
0
a-.
C
0
.0
C
.0
Immokalee Community Redevelopment Agency c
CD 16-008 IDIS#546 ,..
Immokalee Sidewalk/Streetscape Project
Page 21
Packet Pg. 816,
It16.B1.a
1
�, a=>
E
PART IV >
GENERAL PROVISIONS 2
o.
E
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program -k
W
http://www.law.cornell.edu/cfr/text/24/part-570 3
in
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: ai
http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr58_main_02.tp1 t
0
E
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of E
1974 as amended
N
http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing equal_opp/FH o
Laws/109 `-
ti
0
4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing (11
to
Act.http://www.hud.gov/offices/fheo/library/huddojstatement.pdf c
E.O. 11063 — Equal Opportunity in Housing `"
0
http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FH m
0
Laws/EXO11063 U
E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs aa)
http://www.archives.gov/federal-register/codification/executive-order/12259.html
°-
24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O. N
http://www.law.cornell.edu/cfr/text/24/part-107 c
m
E
a>
4.5 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968 as o
amended Q'
E
http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/prog Y
desc/title8 3
m
•a
4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which Cl)
prohibits discrimination and promotes equal opportunity in housing. m
http://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vo13/pdf/CFR-2007-title24-vo13-sec570- c
602.pdf E
E
4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 -which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246: L
http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.htmlca
EO 11375 and 12086: see item#8 below =
a)
Q
4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of m
1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements _a
3
Immokalee Community Redevelopment Agency m
�. CD 16-008 IDIS#546 E
Immokalee Sidewalk/Streetscape Project -c
Page 22
a
Packet Pg 817
s
16B1a
48
c
a)
E
for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal >
Opportunity or Affirmative Action employer. http://www.eeoc.gov/laws/statutes/titlevii.cfm a
E
4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban
7a
Development Act of 1968,as amended. Compliance with the provisions of Section 3 of the HUD ai
Act of 1968,as amended,and as implemented by the regulations set forth in 24 CFR 135, and all :a
applicable rules and orders issued hereunder prior to the execution of this contract, shall be a d
condition of the Federal financial assistance provided under this contract and binding upon the Y
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and o
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the E
SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their
N
successors and assigns, to those sanctions specified by the agreement through which Federal c
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements. c
N
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to c
include the following language in all subcontracts executed under this agreement: `"
m
0
"The work to be performed under this agreement is a project assisted under a program providing t)
.r
direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of d
the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 2
requires that to the greatest extent feasible opportunities for training and employment be given to r^
low-and very low-income residents of the project area, and that contracts for work in m
connection with the project be awarded to business concerns that provide economic aEi
opportunities for low-and very low-income persons residing in the metropolitan area in which the o
project is located." o.
Y
The SUBRECIPIENT further agrees to ensure that opportunities for training and employment a
arising in connection with a housing rehabilitation (including reduction and abatement of lead-
based paint ha7ards),housing construction, or other public construction project are given to low- u)
a>
and very low-income persons residing within the metropolitan area in which the CDBG-funded m
project is located; where feasible, priority should be given to low- and very low-income persons Y
0
within the service area of the project or the neighborhood in which the project is located, and to E
low- and very low- income participants in other HUD programs; and award contracts for work —
undertaken in connection with a housing rehabilitation (including reduction and abatement of c
lead- based paint hazards),housing construction, or other public construction project to business E
concerns that provide economic opportunities for low- and very low-income persons residing e
within the metropolitan area in which the CDBG-funded project is located; where feasible, as
priority should be given to business concerns that provide economic opportunities to low- and m
very low-income residents within the service area or the neighborhood in which the project is 'o.
located,and to low-and very low-income participants in other HUD programs. F.
o
cn
Immokalee Community Redevelopment Agency m
CD 16-008 IDIS#546 a
Immokalee Sidewalk/Streetscape Project c
Page 23 .-
Q
PacketPg 818
1681 a`,;
m
E
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that >
would prevent compliance with these requirements. http://www.ecfr.gov/cgi- bin/text- Q.
idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135 main_02.tpl E
.
coNe
4.10 Age Discrimination Act of 1975,Executive Order 11063,and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086. -a
Age Discrimination Act of 1975 - http://www.dol.gov/oasam/regs/statutes/age_act.htm m
11063:http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_o Y
pp/FHLaws/EXO11063 E
11246:http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html E
11375:Amended by EO 11478 c;;
11478:http://www.archives.gov/federal-register/codification/executive-order/11478.html a>
,--
12107:
12107:http://www.archives.gov/federal-register/codification/executive-order/12107.html
12086:http://www.archives.gov/federal-register/codification/executive-order/12086.html c
N
cO
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. c
http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm 0
to
0
4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 570.614 Subpart K. 0
Section 504:http://www.epa.gov/civilrights/sec504.htm m
29 USC 776:http://law.onecle.com/uscode/29/776.html °
a.
^ 24 CFR 570.614:http://www.law.comell.edu/cfr/text/24/570.614 to
_
m
4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm aEi
0
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended. a.
E
http://www.fhwa.dot.gov/realestate/ua/index.htm ,e
To
3
4.15 29 CFR Parts 3 and 5 -Regulations which prescribe the payment of prevailing wages and the use ty
of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. N
m
HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC d
276a and 24 CFR 135.11(c). .o
E
29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed in E
whole or in part byLoans or Grants from the United States- m
http://www.law.cornell.edu/cfr/text/29/part-3 E
29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally L
Financed and Assisted Construction (Also Labor Standards Provision Applicable Subject to 03
the Contract Work Hours and Safety Standards Act) http://www.law.cornell.edu/cfr/text/29/part- _
m
5 =.
Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally L
assisted projects.http://www.presidency.ucsb.edu/ws/index.php?pid=23675 a
Immokalee Community Redevelopment Agency coa
CD 16-008 IDIS#546 E
Immokalee Sidewalk/Streetscape Project u
Page 24 to
Q
Packet Pg. 819.
I6B 1.a
E
as
4.16 Executive Order 11625 and U.S.Department of Housing and Urban Development Circular Letter
79-45 -which prescribes goal percentages for participation of minority businesses in Community E
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise http://www.mbda.gov/node/333 :a
HUD Circular Letter 79-45 m
a:
4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, E
as revised by Executive Order 13279. The applicable non-discrimination
provisions in Section 109 of the HCDA are still applicable.
24 CFR 570.607: http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24-
vol3-sec570-608.pdf
E.O. 13279:http://fedgovcontracts.com/pe02-192.htm
0
4.18 Public Law 100-430-the Fair Housing Amendments Act of 1988.
http://www.ncbi.nlm.nih.gov/pubmed/12289709 0
t)
4.19 2 CFR 200 et seq-Uniform Administrative Requirements,Cost Principles,and Audit d
requirements for Grants and Agreements. o
0
4.20 Immigration Reform and Control Act of 1986
http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html
4.21 Prohibition Of Gifts To County Employees - No organization or individual shall offer or give,
E
either directly or indirectly,any favor,gift,loan,fee,service or other item of value to any County
employee, as set forth in Chapter 112,Part III,Florida Statutes, Collier County Ethics Ordinance 3
No.2004-05,as amended,and County Administrative Procedure 5311.Florida Statutes-
http://www.lawserver.com/law/state/florida/statutes/florida statutes_chapter_112_part iii Collier in
County- m
http://bccspOl/SiteDirectory/ASD/HR/labor/CMAs/Shared%20Documents/CMA%205311.1%
20Standards%20of%20Conduct.pdf E
E
4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the c
Contract Documents,the terms of the agreement shall take precedence over the terms of all other E
Contract Documents, except the terms of any Supplemental Conditions shall take
precedence over the agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions,if any,or the c
a)
agreement, the conflict shall be resolved by imposing the more strict or costly obligation under
0.
theContract Documents upon the Contractor at Owner's discretion. d
Immokalee Community Redevelopment Agency
CD 16-008 IDIS#546
Immokalee Sidewalk/Streetscape Project
Page 25 as
Packet Pg 820
16.B.1.a
E
0
4.23 Venue-Any suit of action brought by either party to this agreement against the other party relating a
to or arising out of this agreement must be brought in the appropriate federal or state courts in E
Collier County, FL which courts have sole jurisdiction on all such matters. (No reference
a
required for this item). 3
iii
4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this 0
agreement to resolve disputes between the parties, the parties shall make a good faith effort to Y
resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or o
E
mediation shall be attended by representatives of SUBRECIPIENT with full decision-making E
authority and by COUNTY'S staff person who would make the presentation of any settlement
N
reached during negotiations to COUNTY for approval. Failing resolution, and prior to the c)
commencement of depositions in any litigation between the parties arising out of this agreement,
the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit n
0
Court Mediator certified by the State of Florida.Should either party fail to submit to mediation as coo
required hereunder,the other party may obtain a court order requiring mediation under§ 44.102, c
Florida Statutes.The litigation arising out of this agreement shall be Collier County,Florida,if in `.9
t9
state court and the US District Court, Middle District of Florida, if in federal court. BY m
0
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT v
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY w
OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF,THIS AGREEMENT. a
a.
^, http://www.flsenate.gov/Laws/Statutes/2010/44.102 r
c
m
4.25 The SUBRECIPIENT agrees to comply with the following requirements: E
a. Clean Air Act,41 USC 7401,et seq.http://www.law.cornell.edu/uscode/text/42/7401 >
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. a.
E
http://www.law.cornell.edu/uscode/text/33/chapter-26 ..
7a
3
4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002Ts
and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in Cl)
an area identified by FEMA as having special flood hazards, flood insurance under the National d m
Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment c
(LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the
cost of said flood insurance. http://www.ecfr.gov/cgi-bin/text- E
idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view 4ext&node=2 c
a>
4:3.1.1.3.4.11.1.6&idno=24 E
o
EL
4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with as
assistance provided under this contract shall be subject to HUD Lead- Based Paint Poisoning m
Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text-idx? 'n.
c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=24:3. E
1.1.3.4.11.1.9&idno=24 =
U,
Immokalee Community Redevelopment Agency c
----,, CD 16-008 IDIS#546 E
Immokalee Sidewalk/Streetscape Project
Page 26 .as
.
Q
Packet Pg. 821,.
16 B.1.a:
°
E
m
4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in °
a
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 -'c
ea
Protection of Historic Properties,insofar as they apply to the performance of this agreement.
http://www.nps.gov/history/local-law/nhpa1966.htm http://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800_main_02.tpl
In general, this requires concurrence from the State Historic Preservation Officer for all Y
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a federal, state or local historic property list. http://www.nps.gov/history/local-
I aw/nhpa1966.htm
0
T
4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with
ti
the Drug-Free Workplace Act of 1988(41 USC 701). c
http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242870 `V
m
N
4.30 The SUBRECIPIENT certifies that neither it,nor its principals, is presently debarred,suspended, 0
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this CO
transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not ca
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction as outlined in 24
a
CFR 570.609,Subpart K. ,"'"\
http://www.ecfr.gov/cgi-bin/text- d
idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2
4:3.1.1.3.4.11.1.10&idno=24 0
4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is �e
applicable, and agrees to adhere to the accounting principles and procedures required therein, 3
utilize adequate internal controls, and maintain necessary source documentation for all costs -°'o
incurred.These requirements are enumerated in 2 CFR et seq.
4.32 Single Audits shall be conducted annually in accordance with 2 CFR 200.501 and shall be
submitted to the County nine (9) months after the end of the SUBRECIPIENT's fiscal
year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200
Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit
financial statements to the COUNTY one hundred eighty (180) days after the end of the
Subrecipients fiscal year. Per 2 CFR 200.344, if this agreement is closed out prior to the receipttsi
of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in
an audit after such closeout.
m
Clarification of Eligible Audit Costs
°
Immokalee Community Redevelopment Agency
CD 16-008 IDIS#546
Immokalee Sidewalk/Streetscape Project
Page 27
4
packet Pg.822
16.B.1.a
m
The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost c
certification of costs performed by a certified public accountant. This has always been an eligible
cost;the amendment clarifies and codifies this. http://www.law.cornell.edu/cfr/text/24/92.206
Y
Rf
4.33 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 y
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be
subject to the provisions of CDBG including, but not limited to, the provisions on use and Y
disposition of property. Any real property within the SUBRECIPIENT control, which is
acquired or improved in whole or part with CDBG funds in excess of$25,000,must adhere to the
CDBG Regulations at 24 CFR 570.505. http://www.fhwa.dot.gov/realestate/ua/index.htm N
http://www.law.cornell.edu/cfr/text/49/24.101
http://cfr.vlex.com/vid/570-505-use-real-property-19928754
4.34 As provided in § 287.133, Florida Statutes by entering into this agreement or performing any
work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, N
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 p
within the 36 months immediately preceding the date hereof.
This notice is required by §287.133(3)(a),Florida Statutes.
http://www.lawserver.com/law/state/florida/statutes/florida statutes 287-133 °
— a
4.35 No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of 2
a.
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, 3
loan,or cooperative agreement.If any funds other than Federal appropriated funds have been paid
or will be paid to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a °'
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under
co
grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and
disclose accordingly.
4.36 Travel reimbursement will be based on the U.S.General Services Administration(GSA)per diem o.
rates in effect at the time of travel.
cn
A
Immokalee Community Redevelopment Agency m
CD 16-008 IDIS#546 E
Immokalee Sidewalk/Streetscape Project
Page 28
Packet Pg. 823
16.B.1:a
4-
4.37 Any rule or regulation determined to be applicable by HUD.
0
L
0.
4.38 Florida Statutes 713.20,Part 1,Construction Liens E
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700- Y
0799/0713/0713.html
m
4.39 Florida Statutes 119.021 Records Retention
http://www.lawserver.com/law/state/florida/statutes/florida statutes_119-021
4.40 Florida Statutes, 119.071,Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-
N
0199/0119/Sections/0119.07.html
N.
ti
0
N
Co
(Signature Page to Follow)
N
m
0
V
U
•
d
O
a.
G
d
E
O
O
L
Q.
E
TS
O
d
L
a)
t0
.Q
.0
Immokalee Community Redevelopment Agency
CD 16-008 IDIS#546 d
Immokalee Sidewalk/Streetscape Project
Page 29 co
Packet Pg. 824
'16.B 1.a
IN WITNESS WHEREOF,the Subrecipient and the County,have each respectively,by an authorized c
person or agent,hereunder set their hands and seals on the date first written above. E
E
Y
ATTEST: BOARD OF COUNTY COMMISSIONERS OF m
DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA
By:
,Deputy Clerk DONNA FIALA,CHAIRMAN
E
Date:
N
O
h
COLLIER COUNTY COMMUNITY
Dated: REDEVELOPMENT AGENCY(IMMOKALEE)
(SEAL) N
By: cab
Tim Nance,Chairman, N
ca
U
Date:
a)
O
L
Approved as to form and legality:
a)
4.0Jennifer A.Belpedio o
Assistant County Attorney W527
p�
Date:
m
m
a)
CC
O
E
E
O
E
a)
a)
d
.Q
U
a)
Immokalee Community Redevelopment Agency
CD 16-008 IDIS#546 E
Immokalee Sidewalk/Streetscape Project
Page 30 Q
Packet Pg.825
r16B 1 a
PART V
EXHIBITS
a
E
EXHIBIT A
a
INSURANCE REQUIREMENTS
rn
a)
The SUBRECIPIENT shall furnish to Collier County, do Community and Human Services Division, ca
3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing
insurance coverage that meets the requirements as outlined below: E
N
1. Workers' Compensation as required by Chapter 440,Florida Statutes. c
ti
2. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown (11
as an additional insured with respect to this coverage. c
N
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than$1,000,000 combined single limit c.1
for combined Bodily Injury and Property Damage.Collier County shall be named as an additional
insured. o
a
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as
follows:
0
L
o.
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design =
professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the 13
design professional shall become legally obligated to pay as damages for claims arising out of the inn
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in d
connection with this contract. This insurance shall be maintained for a period of two (2) years o
after the certificate of Occupancy is issued. Collier County shall be named as an additional E
insured.
m
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its m
Subcontractors to provide original certificates indicating the following types of insurance coverage prior
to any construction:
a>
v
Immokalee Community Redevelopment Agency c
CD 16-008 IDIS#546 ^
Immokalee Sidewalk/Streetscape Project sc.
Page 31
w �
Packet Pg. 826 ..
16. 1a;°
4.
5. Completed Value Builder's Risk Insurance on an"All Risk"basis in an amount not less than one c
hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
is
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the
Federal Emergency Management Agency (FEMA) as having special flood hazards, flood m
insurance under the National Flood Insurance Program is obtained and maintained as a condition .
of financial assistance for acquisition or construction purposes(including rehabilitation).
E
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins,the following insurance must be kept in r�
force throughout the duration of the loan and/or contract:
0
7. Workers' Compensation as required by Chapter 440,Florida Statutes. (Jo
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage. v
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
�-� connection with this contract in an amount not less than$1,000,000 combined single limit
for combined Bodily Injury and Property Damage. Collier County as an additional insured. E
m
10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundredo.
2
(100%) of the replacement cost of the property. Collier County must be shown as a Loss payee
with respect to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full -o
replacement values of the structure(s)or the maximum amount of coverage available through the
National Flood Insurance Program(NFIP).The policy must show Collier County as a Loss Payee
A.T.I.M.A.
E
E
m
E
m
m
L
C
Q
0
L
U)
Immokalee Community Redevelopment Agency
CD 16-008 IDIS#546 E
Immokalee Sidewalk/Streetscape Project
Page 32
Packet Pg~827
16.B 1 a,r..,
cu
E
EXHIBIT B >
COLLIER COUNTY COMMUNITY&HUMAN SERVICES
REQUEST FOR PAYMENT
f6
a)
SECTION I:REQUEST FOR PAYMENT ai
Subrecipient Name:
Subrecipient Address:
Project Name: E
Project No: Payment Request#
Total Payment Minus Retainage
Period of Availability: through
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Grant Amount Awarded $ N
Sum of Past Claims Paid on this Account $
Total Grant Amount Awarded Less Sum of Past
Claims paid on this Account $ c�
Amount of Previous Unpaid Requests $
Amount of Today's Request $ o
10%Retainage Amount Withheld $
Current Grant Balance (Initial Grant Amount `'n
Awarded Less Sum of all requests) $
I certify that this request for payment has been made in accordance with the terms and conditions of the e.
Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and
belief,all grant requirements have been followed.
a
Signature Date
Title
E
Authorizing Grant Coordinator Authorizing Grant Accountant E
Supervisor Division Director
(Approval required$15,000 and above) (Approval Required$15,000 and above)
L
w
N
i
N
Immokalee Community Redevelopment Agency
CD 16-008 IDIS#546 E,^
Immokalee Sidewalk/Streetscape Project
CO
Page 33
Packet Pg.,828
16�B 1,a`
.01'1 ami
E
EXHIBIT C c
L
QUARTERLY PERFORMANCE REPORT DATA
Ta
GENERAL
a
Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance
Reports. The County reports information on a quarterly basis. To facilitate in the preparation of such reports, Subrecipient
shall submit the information contained herein within ten(10)days of the end of each calendar quarter.
E
QUARTERLY PROGRESS REPORT
N
O
Sub-recipients:Please fill in the following shaded areas of the report
n
Agency Name: Immokalee Community Redevelopment Agency Date:
Project Title: Immokalee Sidewalk/Streetscape Project N
t7
CO
0
Alternate V
Program Contact: James Sainvilus,Project Manager Contact: y
0
Telephone Number: {239)239-269-6958
Activity Reporting Period Report Due Date >
October 1"-December 31" January 10th o
January 318f—March 31" April 10t sZ
April 1"—June 30th July 10th
July 1"—September 30th October 10th
is
a)
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date.
N
19T
' a . ,.y �. ar
A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement.
E
Outcome'I:Construction of sidewalks,replacement or installation of site furnishings including but not °-'
limited to litter receptacles,benches,landscaping,associated existing storm water system enhancements,
permitting,construction inspection services, contingencies and any other associated activities needed to a)
complete the sidewalk and streetscape project. •-
Outcome 2Project complete and National Objective achieved and documented LMA
Immokalee Community Redevelopment Agency d
CD 16-008 IDIS#546
Immokalee Sidewalk/Streetscape Project
Page 34
Packet Pg.829
16:61a '
c
E
a>
B.Goal Progress:Indicate the progress to date in meeting each outcome goal. 2
>Z
E
3
_ m
m
Yes No
O
N
If no,explain:
O
N
CO
0
15
Al frtliPEeet;vg,
3. Shade OC J.r,1y not6,Oft• r.'?� � ed �t 11y � � ,
a.
a. ...now have new access(continuing)to this service or benefit?
E
b. ...now has improved access to this service or benefit?
O
r`
b. ...now has improved access to this service or benefit? 0
�-
To
c. ...now receive a service or benefit that is no longer substandard? 0
TOTAL: 0
- v
Other Consolidated Plan Funds CDBG E
E
Other Federal Funds ESG
State/Local Funds HOME
d
d
L
Total u
Entitlement ,�=
Total Other Funds S 0.00 Funds $ 0.00
.Q
v
a>
Q
4d
Immokalee Community Redevelopment Agency d
CD 16-008 IDIS#546 s��
Immokalee Sidewalk/Streetscape Project
Page 35 �C
Packet Pg.830
1163.14-
6'
1611 1`'a
a. Total No.of adult females served: 0 Total No.of females served under 18: 0: E
r0
b. Total No.of adult males served: 0 Total No.of males served under 18: 0 2
0.
TOTAL: 0 TOTAL: 0
c. Total No.of families served: Total No.of female head of household: 0 Y
6.
•
Pe -1-1
+ T °
C
w`ir" �
a.
rn
Total No.of adult females served: 0 Total No.of females served under 18: 0
m
b. Total No.of adult males served: 0 Total No.of males served under 18: 0
TriO
0
0
TOTAL: TOTAL: E
c. Total No.of families served: 0 Total No.of female head of household: 0 a
O
Complete EITHER munition#7 OR#8. Complete question#7 If your program only serves clients in one or more of the listed HUD Presumed Benefit ti
categories. Complete question if any client In your program does not fall into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND 8 ti
7.
u �. a a :
Indicate the total number of UNDUPLICATED persons served Indicate the total number of UNDUPLICATED persons served
since October 1 who fall into each presumed benefit category since October 1 who fall into each Income category(the total O
(the total should equal the total in question#6) should equal the total M question#6) tV
REPORT AS: REPORT AS:
0. Abused Children Homeless 0 Extremely low Income(0-30%)
O Person Battered 0 Low Income(31-50%)
0 Battered Spouses 0 Moderate Income(51-80%) N�
O Persons WIHIVIAIDS 0 Above Moderate Income(>80%) OL
0
�1. 0. Elderly Persons
o Veterans C
a)
0 Chronically/Mentally III E
O Physically Disabled Adults
O
o Other-Youth tS
TOTAL: 0 TOTAL: 0
<t1
m
in
3
x
m
•V
d
L
Immokalee Community Redevelopment Agency
CD 16-008 IDIS#546
Immokalee Sidewalk/Streetscape Project
Page 36 e(
Packet Pg.831"'
V,16.B.1
t .a.
r
c
d-
E
m
EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS x
Complete form,and retain appropriate supporting documentation,to document providing CDBG assistance .-a
to an eligible beneficiary. Please file in your organization's records and have on hand for future N
monitoring visits. °'i
ca
Effective Date:
A. Household Information
O
ti
Member Names—All Household Members Relationship Age
1 ti
2 N
3 `r,
O
4 N
5 CO
6 v
7
8 o
a
B. Assets:All Household Members,Including Minors
E
Member Asset Description Cash Value Income
0
from Assets a
1
2
3 m
4 N
5
6 Y
7 0
E
8 0.00
Total Cash Value of Assets B(a) 0.00 —.
Total Income from Assets B(b) 0.00 E
E
If line B(a)is greater than$5,000,multiply that amount by the rate specified d
by HUD(applicable rate 2.0%)and enter results in B(c),otherwise leave as
blank. B(c)
co
Immokalee Community Redevelopment Agency
CD 16-008 IDIS#546 s
Immokalee Sidewalk/Streetscape Project
Page 37
Packet Pg 832.
16 1.a
r
E
C. Anticipated Annual Income:Includes Unearned Income and Support Paid on >
Behalf of Minors o
a.
E
Member Wages/ Benefits/ Public Other _se
Salaries Pensions Assistance Income lis
(include tips, Asset -a'a
commissions, Income N
bonuses,and ai
overtime) (Enter the Y
1 greater of o
2 box B(b)or E
box B(c), —
3
above,in N
0
4 box C(e)
5 below) I--
6
6 0
N
7 m
8 0
N
Totals (a) (b) (c) (d) (e) t9
0.00 0.00 0.00 0.00 m
0
Enter total of items C(a)through C(e). 0.00 v
This amount is the Annual Anticipated Household Income. d
0
L
D. Recipient Statement: The information on this form is to be used to determine maximum N
income for eligibility. I/we have provided, for each person set forth in Item A, acceptable m
verification of current and anticipated annual income. I/we certify that the statements are true E
and complete to the best of my/our knowledge and belief and are given under penalty of >
perjury. °
o-
E
WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations x
concerning income and assets or liabilities relating to financial condition is a misdemeanor of the a
first degree and is punishable by fines and imprisonment provided under S.775.082 and 775.083. 01
Cl)
. m
m
e
Signature of Head of Household Date E
E
c
Signature of Spouse or Co-Head of Household Date a'
E
a)
a>
L
6
c0
Adult Household Member(if applicable) Date m
.Q
5
a>
L
.a
c
Adult Household Member(if applicable) Date co
E:
Immokalee Community Redevelopment Agency a)
CD 16-008 IDIS#546 .
Immokalee Sidewalk/Streetscape Project ca
Page 38 a
Packet Pg 833
,16-B 1,a..
E
E. CDBG Grantee Statement: Based on the representations herein, the family or
individual(s) named in Item A of this Income Certification is/are eligible under the Q
provisions of the CDBG Program. The family or individual(s)constitute(s)a: E
❑ Very-Low Income (VLI)Household means and individual or family whose annual income does 3
not exceed 30 percent of the area median income as determined by the U.S. Department of -aa
Housing and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
❑ Low Income (LI) Household means and individual or family whose annual income does not
exceed 50 percent of the area median income as determined by the U.S. Department of Housing
and Urban Development with adjustments for household size. c
(Maximum Income Limit$ ).
❑ Moderate Income(MOD)Household means and individual or family whose annual income does N
not exceed 30 percent of the area median income as determined by the U.S. Department of
Housing and Urban Development with adjustments for household size.
N
(Maximum Income Limit$ ). CO
m
Based upon the (year) income limits for the Naples-Marco Island Metropolitan
Statistical Area(MSA)of Collier County,Florida.
Signature of the CDBG Administrator or His/Her Designated Representative:
a.
Signature Date
0
a.
Printed Name Title
F. Household Data
Number of Persons
N
By Race/Ethnicity By Age
Native Fci
American Hawaiian or Other 0— 26— 41—
Indian Asian Black Other Pac. White 25 40 61 62+ E
Islander
Hispanic
E
Non-
Hispanic
NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical °'
'a
use only. No beneficiary is required to give such information he or she desires to do so, and refusal
to give such information will not affect any right he or she has to the CDBG progra
cn
w
a
lmmokalee Community Redevelopment Agency
CD 16-008 IDIS#546
Immokalee Sidewalk/Streetscape Project F
Page 39
Packet Pg. 834
I6.B.1.a
w
g
E
EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
a
E
Ta
<C c lar CFS!:20 .500 requires Co A to 4� fl� u r l r' ' e e'r i e
st.....---$4,,...cipterits i pml compliant € ','.. .q-A91,41 "4,5'1'.';'_1 <:' _ t ,1 cements. .¢ '7 C a`�s i th ail` a
®priate o e ati'on is . vide" i tai tions < e 5 � � y y p
�i' 3 x&(o
`�� �- c �` �Fa"u d� - .s b lsyy F� a x� - �Y �.. a '°z s'�"�.^ '' 47
In deter ining de ` awards xpended in ca er, the ent n tdef )l ources meal awards �,
' „,,,., 9
b'sedan wh pact related toteF: �gn .,,,I=.‘..,.....,,,„ . ccu�rs� - I t, •V pr �4 Collie E
1C'�� The eter rna 1®n of am ittts! . I . rds a . . ti shat i ..,r nce� i • el ;°
.°��lishe s Y'• i Ci la'r� 133 f m- 1�: �. . ,`rihi .. SL'''i ”- w� ' ,1 N, + • -F ....L-_-„,ti'0li • ---:•,-,:&2
Ci € ) ' ;6 6 °! & " 'it R r'Ill -::,-,::47,r:.,:cr - ?�z . 1 t .. -a , g Th,-1. N
f. a�b 17 �:e• daS �.g '''''"-'''.11;270:;''' '''' •►� te -rets ` A ti
i4 ent� Im okai ,'0,A4-3,,,,t4'. ty Red 9 4 n s - ' -i :g45 a C., � ,21'4 d,
ar r k sy s '� _ .0 'x �Ik :a+ A4Y sY' _i+ O
r /'tai t � `a "' ,.3' .i i s n{ f is c. p a !..-0 S N
ter offs '�(� 0 ° 9 s G P tx� i
>: 7,, erg,. �a .`n.�r _ ' F, ir'" „ ' e 60,1 y 1x .-. �� O
`�C wig Y� � - +z '�•'a � � � d �, �,`5'` �� � ram' egY '.. ��` it z Y'� "+� �
' '4'ti " : q* 1 is. ti f a `.z 3 } '�',, .x t i •, .s
�'*t� -g 1 .: .x1. akg �$ t �' s 3€"gx4� �� � �� �,:.:uz z x a ����PT� r:��n� .,p-�rn x s3 � N
Tota ra;Fina cial I si Yla AAs c e- d d dui ,
� deci T �-�
duringg 6 event ti � , Hieb m g e � ,a ` �F o
Check A. or B. Check C if applicable o
�-� A. The Federal/State expenditure threshold for our fiscal year ending as indicated above has been 2;
❑ met'and a Circular A-133 or 2•CFR Part 200,Subpart'F'Single Audit has been completed pr will.be• a
• •completed.by. >Copies of the''audit report:and management letter are attached or E
will be provided within 30 days-'of completion.
0
B.We are not subject to the requirements of OMB•Circular A-133 or.2 CFR Part'200,'Subpait F a
because we:
❑ Did not exceed the exxpenditure threshold for the fiscal.year indicated above
❑ Area for-profit organization •
co
❑ ,Are exempt for other reasons explain
An audited financial statement is attached and•if applicable, the independent auditor's management d
letter. CD
C. Findings were noted,.a.current Status Update of the responses and corrective action plan is Y
included separate from the written response provided within the audit reports.While"we understand E
that the audit report contains a written response to the finding(s),we are requesting and updated E
status of the corrective actions)being taken.:Please do•not•provide just a copy of the written= :
response from your audit report, unless it includes details of the actions, procedures, policies, etc.
implemented and when it was orwill be implemented. _ :. a,
Certification Statement L
he eb it F tha t e Bove it formatiot true a d ac ,: rs - �t '; al
Signature Date .
5
Print Name and Title l;v
m
N
a.:
c
m
Immokalee Community Redevelopment Agency E
CD 16-008 IDIS#546 u
Immokalee Sidewalk/Streetscape Project Q
Page 40
Packet PO'.':.-830:::