Agenda 10/11/2016 Item #16B2 16.6.2
10/11/2016
EXECUTIVE SUMMARY
Recommendation to approve an agreement between Collier County and the Bayshore Gateway
Triangle Community Redevelopment Agency to accept U.S. Department of Housing and Urban
Development Community Development Block Grant funds in the amount of $330,000 for the
Bayshore Gateway Triangle Community Redevelopment Agency Fire Suppression Infrastructure
Project, authorize the Chairman of the Board to sign the grant agreement, execute all necessary
forms and authorize the necessary budget amendment.
OBJECTIVE: To allow for necessary upgrades to water lines and install and/or upgrades to the fire
suppression infrastructure improvements to be completed along Peters Avenue, Collee Court and Gordon
Street.
CONSIDERATIONS: The Bayshore Gateway Triangle Community Redevelopment Agency
(BGTCRA) applied for funds to upgrade the City of Naples water lines and to install and/or upgrade fire
hydrants in the BGTCRA. BGTCRA staff submitted an after-the-fact grant application at a regular Board
of County Commissioners meeting on March 22,2016(Agenda Item#16B3).
Through a competitive process, the BGTCRA was awarded $330,000 from the FY2016-2017 U.S.
Housing and Urban Development(HUD)Community Development Block Grant(CDBG)program.
The purpose of the project is to upgrade existing water lines and install new and/or upgrade fire hydrants
along three streets in the Bayshore Area. The improvements will be along Peters Avenue, Collee Court
and Gordon Street.The BGTCRA is located on the periphery of the City of Naples water service area and
has historically experienced low water flow and pressure conditions.The Greater Naples Fire Control and
Rescue District has confirmed these conditions.
This is a multi-year phased project and a joint partnership with the City of Naples. The anticipated total
cost of the project is approximately$5.3 million. The City of Naples Utilities Department is providing in-
house design services for the water line improvements along the streets identified above. The City of
Naples will also partner by providing multi-year construction funds beginning in FY2017-2018. In
addition, during the fall of 2016 and subsequent years, CRA staff anticipates working with the County
Manager's Office and lobbyist to apply for state appropriation funding to accelerate the completion of this
project.While there are no guarantees for appropriation funding,County management has been extremely
successful in previous years in obtaining funding for other projects.
FISCAL IMPACT: The funding source for the grant award is HUD CDBG. A budget amendment is
necessary to appropriate$330,000 within the Bayshore CRA Grant Fund 717,Project 33494.
GROWTH MANAGEMENT IMPACT: The fire suppression infrastructure project will further the
goals, objectives and policies outlined in the Future Land Use Element - Bayshore/Gateway Triangle
Redevelopment Overlay.
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 BGTCRA to accept HUD CDBG funds in the amount of $330,000 for the
BGTCRA Fire Suppression Infrastructure Project, authorizes the Chairman of the Board to sign the grant
agreement, executes all necessary forms and authorizes the necessary budget amendment.
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16B.2
10/11/2016
Prepared by: Elly McKuen,Project Manager,Capital Project Planning,Impact Fees and Program
Management
ATTACHMENT(S)
1.Bayshore CRA fire suppression CDBG 2016-17 Subrecipient Agreement (PDF)
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j16.B.2
10/11/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.2
Item Summary: Recommendation to approve an agreement between Collier County and the
Bayshore Gateway Triangle Community Redevelopment Agency to accept U.S. Department of Housing
and Urban Development Community Development Block Grant funds in the amount of$330,000 for the
Bayshore Gateway Triangle Community Redevelopment Agency Fire Suppression Infrastructure Project,
authorize the Chairman of the Board to sign the grant agreement, execute all necessary forms and
authorize the necessary budget amendment.
Meeting Date: 10/11/2016
Prepared b :
P Y
Title: Project Manager,CRA—Capital Project Planning,Impact Fees,and Program Management
Name: Elly McKuen
08/31/2016 11:50 AM
Submitted by:
Title: Division Director-IF,CPP&PM—Capital Project Planning,Impact Fees,and Program
Management
Name: Amy Patterson
08/31/2016 11:50 AM
Approved By:
Review:
Board of County Commissioners Jean Jourdan Level 1 Sim.Reviewer 1-8 Completed 09/07/2016 12:57 PM
Public Services Department Amanda O.Townsend Level 1 Sim.Reviewer 1-8 Completed 09/08/2016 5:39 PM
Public Transit&Neighborhood Enhancement Michelle Arnold Level 1 Sim.Reviewer 1-8Completed
Capital Project Planning,Impact Fees,and Program Management Amy Patterson Level 1 Sim.Reviewer 1-8Completed
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 09/21/2016 9:04 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 09/27/2016 12:48 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 4:35 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/28/2016 9:36 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/29/2016 7:57 AM
Grants Therese Stanley Level 3 OMB 1st Reviewer 1-4 Completed 09/29/2016 4:20 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/03/2016 12:27 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/11/2016 9:00 AM
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16.B;2.a;
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FAIN# B- 16-UC-12-0016
Federal Award Date Est. 10/2016 i I
Federal Award Agency HUD N
CFDA Name Community Development �n
Block Grant c
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CFDA/CSFA# 14.218 m
Total Amount of Q
Federal Funds Awarded $330,000 m
Subrecipient Name Bayshore Gateway d
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Triangle Community it
Redevelopment Agency Q
DUNS# 076997790 co.)
FEIN . 59-6000558 0
R&D No 0
Indirect Cost Rate . No v
Period of Performance 10/2016- o
10/2017 r'
Fiscal Year End 9/30
Monitor End: 12/31/2023 m
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AGREEMENT BETWEEN COLLIER COUNTY a
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COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY(BAYSHORE) e—k
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THIS AGREEMENT is made and entered into this ^ day of 20_, by and between Collier cnn
County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal
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address at 3339 E Tamiomi Trail, Naples FL 34112, and "Collier County Community Redevelopment c
Agency (CRA)" a community Redevelopment Agency approved by the Board of Collier County C7
Commissioners, ("Subrecipient"), having its principal office at 3570 Bayshore Drive,Unit 102 Naples, m
Florida,34112. v
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WHEREAS, the County has entered into an agreement with the United States Department of m
Housing and Urban Development (HUD) for a grant for the execution and implementation of a a
Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of N
the Housing and Community Development Act of 1974(as amended);and i
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WHEREAS,the Board of County Commissioners of Collier County approved the Collier County t.)
Consolidated Plan— One year Action Plan for Federal Fiscal Year 2016-2017 for the CDBG Program o
with Resolution 2016-147 on June 28,2016—Agenda Item 11E;and c
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WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan c
concerning the preparation of various Annual Action Plans, the County advertised a substantial E
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Bayshore Gateway Triangle Community Redevelopment Agency
CD 16-005 IDIS#543
Fire Suppression Infrastructure Project
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amendment on May 20,2016 with a 30 day Citizen Comment period from date May 20,2016 to date June m
20,2016;and
WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG
• program;and vNi
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WHEREAS,the County and Subrecipient wish to set forth the responsibilities and obligations of a
each in the undertaking the CDBG Bayshore Gateway Triangle CRA Fire Suppression Infrastructure
project;and
NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by
the Parties as follows; 0
PART I[ v C
SCOPE OF WORKca
The Subrecipient shall,in a satisfactory and proper manner and consistent with any standards required as
a condition of providing CDBG assistance as provided herein and, as determined by Collier County
Community and Human Services(CHS)Division,perform the tasks necessary to conduct the program as m
follows:
Fire Suppression Infrastructure project
Description of project and outcome;
CHS,as an administrator of the CDBG program,will make available CDBG funds up to the gross rr
amount of$330,000 to the Bayshore Gateway Triangle CRA.to upgrade existing fire control c
• infrastructure within the Bayshore Gateway Triangle CRA area. The project includes but not
limited to the construction and related activities to upgrade water mains and install or upgrade the C7
fire hydrants,associated appurtenances,required permitting,construction inspection services and o
any contingencies needed to complete the Fire Suppression Infrastructure project. v
The property will be deed restricted for five(S)years commencing on the date of initially meeting
one of the National Objectives in accordance with 24 CFR.570.505.
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1.1 SPECIAL GRANT CONDITIONS 4=
A. Within thirty(30)calendar days of the execution of this agreement,the Subrecipient must
deliver to CHS for approval a detailed project schedule for the completion of the project.
B. The following resolutions and policies must be adopted by the Subrecipient's governing
body within thirty(30)days of award of this agreement: m
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. Bayshore Gateway Triangle Community Redevelopment Agency
CD 16-005 IDIS#543
Fire Suppression Infrastructure Project a
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16.B.2.a.
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❑ Affirmative Fair Housing Policy • E
® Affirmative Action/Equal Opportunity Policy 0
® Conflict of Interest Policy rt)
® Procurement Policy o
❑ Uniform Relocation Act Policy • d
® Sexual Harassment Policy
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® Procedure for meeting the requirements set forth in Section 3 of the Housing and coo.
Urban Development Act of 1968,as amended(12U.S.C.794 1u) L
® Procedures for meeting the requirements set forth in Section 504 of the ii
Rehabilitation Act of 1973,as amended(29 U.S.C.794)
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® Fraud Policy o
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C. Environmental Review Requirement(ERR)-No program costs can be incurred until an v
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 a
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 c
this Agreement. E
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1.2 PROJECT DETAILS a
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A. Project Description/Project Budget m
Description m
p Federal Amount • .1:1
Project Component 1: $330,000 co
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Construction and related activities to install and or upgrade fire hydrants, r
. upgrade water mains,associated appurtenances,required permitting, e;
construction inspection services and any contingencies needed to complete the N
Fire Suppression Infrastructure project.
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C.)
Total Federal Funds: $330,000 0
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The Subrecipient will accomplish the following checked project tasks:
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❑ Pay all closing costs related to property conveyance N
❑ .Maintain and provide to the County as requested beneficiary income certification
documentation Q
® Maintain National Objective Documentation v
® Provide Quarterly reports on National Objectives and project progress o
® Required attendance by a representative from executive management at quarterly c
partnership meetings,as requested by CHS. rts
® Identify Lead Project Manager m
Provide Site Design and Specifications o
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16:112.a
® Comply with Davis Bacon Labor Standards 1
® Provide certified payroll weekly throughout construction and rehabilitation m
111 Comply with Uniform Relocation Act(URA),if necessary 0,
IDEnsure applicable numbers of units are Section 504/ADA accessible = I
® Ensure the applicable affordability period for the project is met
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B. National Objective Q
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The CDBG program funds awarded to Collier County must benefit low-moderate income persons '
(LMT). As such the Subrecipient shall be responsible for ensuring that all activities and Q
beneficiaries meet the definition of: 0
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LMA -Low/Mod Area Benefit v
0 LMC--Low/Mod Clientele Benefit
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❑ LMH—Low/Mod Housing Benefit o
❑ LMJ—Low/Mod Job Benefit • v
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LMA: Must document where at least 51% of the residents are LMT persons which by d
HUD determined eligible census tracts. Failure to achieve the national objective under this a�
agreement will require repayment of the CDBG investment under this agreement. a
LMC: Must document that at least 51% of persons served, are low to moderate income d
^,, households, in order to meet a CDBG National Objective. Failure to achieve the national "o.-
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objective under this agreement will require repayment of the CDBG investment under this E
agreement. z
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LMH: Must document providing or improving permanent residential structures, which r
upon completion will be occupied by LMI households. Structures with three or more units must
have at least 51% occupied by LMT households. Failure to achieve the national objective under N
this agreement will require repayment of the CDBG investment under this agreement. m
LMJ:Must document job creation and retention LMT benefit national objective addresses v
activities designed to create or retain permanent jobs,at least 51% of which(computed on a full- o
time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the y
national objective under this agreement will require repayment of the CDBG investment under a)
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this agreement. a.
C. Performance Deliverables w
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Program Deliverable Deliverable Supporting Submission Schedule g
Documentation v
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Special Grant Condition Policies Policies as stated in this Within thirty(30)days of
(Section 1.1) agreement agreement execution A
Insurance Insurance Certificate Within 30 days of agreement m
execution and Annually within c l
thirty(30)days of renewal
Detailed project Schedule Project Schedule Within thirty(30)days of n
agreement execution 11
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Bayshore Gateway Triangle Community Redevelopment Agency
CD 16-005 IDIS#543
Fire Suppression Infrastructure Project
1 Packet P9 842 1
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16.B2a'
Project Plans and Specifications Site Plans and Specifications Prior to Construction Start m
Submission of Progress Report Exhibit C Quarterly reports.Annually after rn
closeout. _
Financial and Compliance Audit Exhibit E Annually 9 months after FY end 2
until 2023 y
Continued Use Certification Continued Use Affidavit,if. Annually until 2023 °-'
applicable o.
Revenue Plan for maintenance • Plan approved by the County Initial Plan due after completion co
and Capital Reserve of Construction and annually L
thereafter until 2023 "-
Program Income Reuse Plan Plan Approved by the County Annually thereafter-Not
Applicable c.
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D. Payment Deliverablesca
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Payment Deliverable Payment Supporting Documentation Submission Schedule rn 1
Project Component 1: • Submission of supporting • Submission of
Construction and related activities documents must be provided as monthly c
to install and or upgrade fire backup as evidenced by,banking invoices
hydrants,upgrade water mains, documents,completed AIA 13702- w
associated appurtenances, 1992 form or equivalent document
required permitting,construction per contractor's Schedule of a
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inspection services and any Values and any additional m
contingencies needed to complete documents as needed. —
the Fire Suppression • Invoices for construction c
Infrastructure project. L
inspections services with _o
payment amount reflected in cn
• Exhibit"B". ti
• 10%retainage will be withheld • Submit request 0
with each request for payment and after final close o
will be released upon completion out monitoring cv
• of activities and final close out clearance m
monitoring • o
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10%retainage held,will be released upon documentation that at least 51%of persons served are low to o
moderate income households, in order to meet a CDBG National Objective. Failure on behalf of the m
subrecipient in achieving the National Objective under this agreement will require repayment of the Q
CDBG investment under this agreement and aforementioned construction agreement.
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1.3 PERIOD OF PERFORMANCE Q
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Services of the Subrecipient shall start effective the date of the execution of this agreement and
shah end on or before October 31,2017, .Id
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1.4 AGREEMENT AMOUNT m
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16.B.2.a
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The COUNTY agrees to make available Three Hundred Thirty Thousand Dollars($330,000.00
For the use by the SUBRECIPIENT during the term of the agreement (hereinafter, shall be
referred to as the"Funds"). ;,
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Modification to the `Budget and Scope" may only be made if approved in advance. Budgeted ° f
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 beo.
made with Board approval. ci
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The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon
completion or partial completion of the work tasks as accepted and approved by CHS. v
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for 0
eligible costs, and all disbursements requests must be limited to the amount needed at the time v
of the request. Invoices for work performed are required every month. ca
SUBRECIPIENT may expend funds only for allowable costs resulting from obligations rn
incurred during the term of this agreement.If no work has been performed during that month, or
if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be
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
perform theminimumlevel of service required by this agreement.
Final invoices are due no later than 90 days after the end of the agreement. Work performed °UL'
during the term of the program but not invoiced within 90 days after the end of the agreement N
may not be processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this agreement for a period of up to 180 N
days after the end of the agreement.Extensions must be authorized in writing by formal letter to 0
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 co
all applicable local, state or Federal requirements. Payment will be made upon receipt of a a
properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known o
as the"Local Government Prompt Payment Act." m
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1.5. COST PRINCIPLES
Payments to the Subrecipient are governed by the Federal grants management rules for cost ,= i
allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 1.5-Cost Principles) of this agreement, Subrecipient is defined as a described in 2 CFR m
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
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Scope of Work. The Subrecipient may only incur direct costs that may be attributed specifically
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Bayshore Gateway Triangle Community Redevelopment Agency
CD 16-005 IDIS#543
Fire Suppression Infrastructure Project
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'16.8.2 a
to the projects referenced above as defined in 2 CFR 200.413. The Subrecipient must provide
adequate documentation for validating costs incurred.Payments to Subrecipient's contractors and d
vendors are conditioned upon compliance with the procurement requirements provided for in 2 u
CFR 200.318-200.326. Allowable costs incurred by the Subrecipients and Contractors shall be in c
compliance with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart
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E, however the County is Subject to 2 CFR Subpart E and may impose requirements upon the dy
Developer in order for the County to remain compliant with its obligation to follow 2 CFR a
Subpart E. The Developer will use adequate internal controls, and maintain necessary source y
documentation for all costs incurred and adhere to any other accounting requirements included in L
this agreement. Q
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1.6 NOTICES 0 III
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Notices required by this agreement shall be in writing and delivered via mail (postage prepaid),
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commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice 0
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delivered or sent as aforesaid shall be effective on the date of delivery or sending.All notices and
other written communications under this agreement shall be addressed to the individuals in the c
capacities indicated below,unless otherwise modified by subsequent written notice. E
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COLLIER COUNTY ATTENTION:Lisa Oien,Chant Coordinator
3339 E Tamiami Trail,Suite 211 m
Naples,Florida 34112 I
Email: lisaoien@colliergov.net cn
Telephone: (239)252-6141 r..,--
6 6
BAYSHORE CRA ATTENTION:Elly Mekuen,Project Manager N
3570 Bayshore Drive Unit 102 t7
Naples,Florida 34122 m
Email: ellymckuen@colliergov.net =
Telephone:(239)252-5890 °
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16.B 2.a.
PART II
GRANT CONTROL
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REQUIREMENTS
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2.1 AUDITS H
a)
At any time during normal business hours and as often as the COUNTY (and/or its a
representatives) may deem necessary, the SUBRECIPIENT shall make available all records, v�
documentation and any other data relating to all matters covered by the agreement for review,
inspection or audit.
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Any deficiencies noted in audit reports must be fully cleared by the Grantee,Developer,or
Subrecipient within 30 days after receipt by the organization. Failure of the organization to
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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 m
agency audit conducted in accordance with current Grantee policy concerning Subrecipient
audits.
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The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
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The Subrecipient shall maintain sufficient records in accordance with 24 CFR 570.506 to
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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 ro
following: c�•�
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A. All records required by CDBG regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by COUNTY in order to perform the service. Q.
C. All reports, plans, surveys, information, documents, maps, books, records and other data
procedures developed, prepared, assembled, or completed by the Subrecipient for the y=
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
in the previous sentence shall be in accordance with generally accepted accounting •°�
principles (GAAP), procedures and practices, which sufficiently and properly reflect all
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revenues and expenditures of funds provided directly or indirectly by this agreement, co
including matching funds and Program Income. These records shall be maintained to the
extent of such detail as will properly reflect all net costs, direct and indirect labor,
Bayshore Gateway Triangle Community Redevelopment Agency Q
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Fire Suppression Infrastructure Project
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materials, equipment, supplies and services, and other costs and expenses of whatever
nature for which reimbursement is claimed under the provisions of this agreement.
D. Upon completion of all work contemplated under this agreement copies of all documents m
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
a readily accessible, permanent and secured location for five (5) years after the date of Q
submission of the annual performance and evaluation report, as prescribed in 2 CFR cn
200.333 with the following exception: if any litigation, claim or audit is started beforeiZ
the expiration date of the five (5) year period, the records will be maintained until all
litigation, claim or audit fmdings involving these records are resolved. The COUNTY
shall be informed in writing if an agency ceases to exist after closeout of this agreement m
of the address where the records are to be kept as outlined in 2 CFR 200.336. Meet all v '
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
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. All records stored electronically must be
provided to the COUNTY in a format that is compatible with the information technology
systems of the public agency.
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E. The SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon
Law, including files containing contractor payrolls, employee interviews, Davis-Bacon
wage rates,and administrative cross-referencing.SUBRECIPIENT shall maintain records L
showing contractor compliance with the Contract Work Hours and Work Safety Law. o
Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal
purchasing requirements and with other federal requirements for grant implementation.
F. The SUBRECIPIENT will be responsible for the creation and maintenance of income
eligible files on clients served and documentation that all households are eligible under
BUD Income Guidelines.The SUBRECIPIENT agrees that CHS shall be the final arbiter =
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on the SUBRECIPIENT's compliance. y
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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
appropriate determinations as defined in 24 CFR 570.208, income certification, and
written agreements with beneficiaries,where applicable.
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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
does not exceed the cost provided in this chapter or as otherwise provided by law. w
SUBRECIPIENT shall ensure that public records that are exempt or confidential and
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16.B 2.a
exempt from public records disclosure requirements are not disclosed except as
authorized by 2 CFR 200.336 and 2 CFR 200.337.
2.3 MONITORING
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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
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for Subrecipients exempt from Single Audit), after the Subrecipients 's fiscal year end. The
COUNTY will conduct an annual financial and programmatic review.
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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, m
a desk top review of the activities may be conducted in lieu of an on-site visit.The continuation 0
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
SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site
visits may be scheduled or unscheduled as determined by CHS or HUD. m
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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 a.
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 N
action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified r. I
by the COUNTY, contract suspension or termination procedures will be initiated. cPo
SUBRECIPIENT agrees to provide HUD, the HUE) Office of Inspector General, the General N
Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records m
related to performance of activities in this agreement. o
2.4 PREVENTION 01?FRAUD AND ABUSE v� i
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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 a)
available for monitoring by COUNTY. O
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SUBRECIPIENT shall give COUNTY complete access to all of its records, employees and m
agents for the purpose of monitoring or investigating the performance of the Agreement. m
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SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect,investigate and prevent
waste,fraud and abuse.
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SUBREC1PIENT 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. ED.
2.5 CORRECTIVE ACTION in j
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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 c)
acceptable progress on such corrective action plans. t7
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C)
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 0
any entity receiving grant funds from CHS.CHS's policy for escalation for non-compliance is as
follows: c
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1. Initial non-compliance may result in Findings or Concerns being issued to the15)
entity and will require a corrective action plan be submitted to the Division
within 15 days following issuance of the report.
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• Any pay requests that have been submitted to the Division for payment will
be held until the corrective action plan has been submitted.
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• CHS will be available to provide Technical Assistance (TA) to the entity as
needed in order to correct the non-compliance issue. c�
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2. If in the case an Entity fails to submit the corrective action plan in a timely ca
manner to the Division,the Division may require a portion of the awarded grant
amount be returned to the Division. ▪y
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• 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. "'
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• The entity may be considered in violation of Resolution No.2013-228
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3. If in the case an Entity continues to fail to correct the outstanding issue or repeatscc
an issue that was previously corrected, and has been informed by the Division of 00
their substantial non-compliance by certified mail; the Division may require a
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portion of the awarded grant amount or the amount of the CDBG investment for
acquisition of the properties conveyed,be returned to the Division.
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• 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 °
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Commissioners. mL
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• The entity will be considered in violation of Resolution No.2013-228 in
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4. If in the case after repeated notification the Entity continues to be substantially et
non- compliant, the Division may recommend the contract or award be v I
terminated. m
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• The Division will make a recommendation to the Board of County ••
Commissioners to immediately terminate the agreement or contract. The
Entity will be required to repay all funds disbursed by the County for project
that was terminated.This includes the amount invested by the County for the
initial acquisition of the properties or other activities.
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• The entity will be considered in violation of Resolution No.2013-228cu
If in the case the Entity has multiple agreements with the Division and is found to be non
compliant,the above sanctions may be imposed across all awards at the BCC's discretion.
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2.6 REPORTS
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Reimbursement may be contingent on the timely receipt of complete and accurate reports
required by this agreement, and on the resolution of monitoring findings identified pursuant to m
this agreement as deemed necessary by the County Manager or designee.
•
During the term,SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the N
10th day of January,April,July and October respectively for the prior quarter period end.As part
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 d
including, but not limited to, performance data on client feedback with respect to the goals and co.
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 y
documentation arises; and/or legislative amendments are enacted. Reports and/or requested
documentation not received by the due date shall be considered delinquent and may be cause for
default and termination of this agreement.
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1
PART III
TERMS AND CONDITIONS
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3.1 SUBCONTRACTS
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No part of this agreement may be assigned or subcontracted without the written consent of the m j
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and
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judgment.
3.2 GENERAL COMPLIANCE
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The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal m
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
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
revenue generated is not considered program income. The CDBG program was funded through
the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to Q
comply with all other applicable Federal, state and local laws,regulations, and policies governing
the fiords provided under this contract. The SUBRECIPIENT further agrees to utilize funds
available under this agreement to supplement rather than supplant funds otherwise available.
.13
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3.3 INDEPENDENT CONTRACTOR
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Nothing contained in this agreement is intended to, or shall be construed in any manner, as c.)
creating or establishing the relationship of employer/employee between the parties. The
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SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the
services to be performed under this agreement.The Grantee shall be exempt from payment of all = i
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Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' y
Compensation Insurance,as the SUBRECIPIENT is an independent contractor.
3.4 AMENDMENTS m
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The COUNTY or SUBRECIPIENT may amend this agreement at any time provided that such EC
amendments make specific reference to this agreement, and are executed in writing, signed by a w
duly authorized representative of each organization, and approved by the Grantee's governing •=
body. Such amendments shall not invalidate this agreement,nor relieve or release the Grantee or
SUBRECIPIENT from its obligations under this agreement.
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The COUNTY may, in its discretion, amend this agreement to conform with Federal, state or
local governmental guidelines, policies and available funding amounts, or for other reasons. If d
such amendments result in a change in the funding, the scope of services, or schedule of the to
activities to be undertaken as part of this agreement,such modifications will be incorporated only m
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by written amendment signed by both Grantee and SUBRECIPIENT. o EEg
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3.5 AVAILABILITY OF FUNDS a
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The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must 2
be implemented in full compliance with all of HUD's rules and regulations and any agreement "'
between COUNTY and HUD governing CDBG funds pertaining to this agreement. In the event txV
of curtailment or non-production of said federal funds,the financial sources necessary.to continue c9
to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, m
the COUNTY may terminate this agreement, which termination shall be effective as of the date v I
that it is determined by the County Manager or designee,in his-her sole discretion and judgment, c
that the funds are nolonger available. In the event of such termination, the SUBRECIPIENT
agrees that it will not look to,nor seek to hold the COUNTY, nor any individual member of the d
County Commissioners and/or County Administration, personally liable for the performance of E
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this agreement,and the COUNTY shall be released from any further liability to SUBRECIPIENT 2
under the terms of this agreement. a
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3.6 INDEMNIFICATION .Q
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To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold =
harmless Collier County, its officers, agents and employees from any and all claims, liabilities, r. Ii
damages, losses, costs, and causes of action which may arise out of an act, omission, including, co
but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the co
negligence,recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its LD
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agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or m
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any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the c
performance of this agreement. This indemnification obligation shall not be construed to negate, N
abridge or reduce any other .rights or remedies which otherwise may be available to an c
indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all
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claims and losses of any nature whatsoever in connection therewith and shall defend all suits in w
the name of the COUNTY and shall pay all costs (including attorney's fees)and judgments tL=
which may issue there-on.This Indemnification shall survive the termination and/or expiration of g
this agreement. This section does not pertain to any incident arising from the sole negligence of
Collier County. The foregoing indemnification shall not constitute a waiver of sovereign s°
immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall cn
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survive the expiration of termination of this agreement. m
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3.7 GRANTEE RECOGNITION/SPONSORSHIPS
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I6.B 2 a
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports and similar
public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the >, I
Program shall include the statement: c
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"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) AND COLLURA COUNTY COmMUNITY AND HUMAN a
SERVICES DIVISION" rn
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.
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3.8 DEFAULTS,REMEDIES,AND TERMINATION a
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
the reasons for such termination, the effective date, and, in the case of partial terminations, the m
portion to be terminated. However, if in the case of a partial termination,the Grantee determined
that the remaining portion of the award will not accomplish the purpose for which the award was m
made,the Grantee may terminate the award in its entirety.
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The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
agreement: ti
• 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; v
B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner y
its obligations under this agreement;
C. Ineffective or improper use of funds provided under this agreement; or d
D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or v
incomplete in any material respect.
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E. Submission by the SUBRECIPIENT of any false certification;
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F. Failure to materially comply with any terms of this agreement; and
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G. Failure to materially comply with the terms of any other agreement between the County
and the SUBRECIPIENT relating to the project.
In the event of any default by SUBRECIPIENT under this agreement, the County may seek any N
combination of one or more of the following remedies: °
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A. Require specific performance of the agreement,in whole or in part; a
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B. Require the use of or change in professional property management;
C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds v C
SUBRECIPIENT has received under this agreement; m
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D. Apply sanctions if determined by the County to be applicable;
COE. Stop all payments until identified deficiencies are corrected;
F. Terminate this agreement by giving written notice to SUBRECIPIENT of such E
termination and specifying the effective date of such termination. If the agreement is
terminated by the County as provided herein, SUBRECIPIENT shall have no claim of
payment or claim of benefit for any incomplete project activities undertaken under this
agreement. :t7).
3.9 REVERSION OF ASSETS in
In the event of a termination of this agreement and in addition to any and all other remedies cro
available to the COUNTY (whether under this agreement or at law or in equity) the N
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
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termination (or expiration) and any accounts receivable attributable to the use of CDBG funds, v
per 24 CFR 570.503(b)(7).
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The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right(nor excuse SUBRECIPIENT's obligation)to recoup all or any portion of the
funds or property,as the COUNTY may deem necessary.Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
3.10 INSURANCE
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SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until
all insurance required as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and m
carried,at all times during its performance.
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3.11 ADMINISTRATIVE REQUIREMENTS
21
The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget a
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 thegn
Community Development Block Grants(24 CFR 570 et seq.).
3.12 PURCHASING in
F2L_
SUBRECIPIENT is required to follow Federal Procurement standards at(2 CFR 200.318 through
.326)and Collier County's purchasing thresholds.
m
Range: Competition Required
$0-$3,000 l Written Quote ••
$3,000-$10,000 3 Written Quotes 0
• $10,000-$50,000 3 Written Quotes
$50,000+ Bids,Proposals,Contracts(1'173,RFP,etc) = f
All improvements specified in Part I. Scope of Work shall be performed by Subrecipient
employees, or shall be put out to competitive bidding under a procedure acceptable to the a
COUNTY and Federal requirements. The Subrecipient shall enter into contracts for c
improvements with the lowest, responsible and qualified bidder. Contract administration shall be °'
handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records,
and documents related to the project.
3.13 PROGRAM GENERATED INCOME c
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No Program Income is anticipated.In the event there is Program Income derived from the use of CO
CDBG funds disbursed under this agreement, such Program Income shall be retained by the
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 aNi
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 u3i
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 c
to the COUNTY's Community Block Grant Program,for further reallocation. 0
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3.14 GRANT CLOSEOUT PROCEDURES
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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
c.)
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affordability period has been met, if applicable. Activities during this closeout period shall
include,but not be limited to:making final payments, disposing of program assets(including the
return of all unused materials, equipment, program income balances, and receivable accounts to
the COUNTY), and determining the custodianship of records.In addition to the records retention
outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes °
regarding records maintenance, preservation and retention. A conflict between state and federal
law records retention requirements will result in the more stringent law being applied such that a
the record must be held for the longer duration. Any balance of unobligated funds which have v�
been advanced or paid must be returned to the COUNTY.Any funds paid in excess of the amount
to which the SUBRECIPIENT is entitled under the terms and conditions of this agreement must
be refunded to the COUNTY SUBRECIPIENT shall alsoproduce records and information that
complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in m i
accordance with 2 CFR 200.343.
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3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL,RIGHTS COMPLIANCE
The SUBRECFPIENT agrees that no person shall be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the performance of this agreement
on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon 2
receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this
agreement. E'
To the greatest extent feasible, lower-income residents of the project areas shall be given
.12
opportunities for training and employment; and to the greatest feasible extent eligible business in
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with cTS
Section 3 of the Housing and Community Development Act of 1968.
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3.16 OPPORTUNITITES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS
ENTERPRISES
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The SUBRECIPIENT will use its best efforts to afford small businesses, minority business m
enterprises,and women's business enterprises the maximum practicable opportunity to participate
in the performance of this contract. As used in this contract,the terms "small business" means a d
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business that meets the criteria set forth in section 3(a)of the Small Business Act,as amended(15
U.S.C. 632),and"minority and women's business enterprise"means a business at least fifty-one
(51)percent owned and controlled by minority group members or women. For the purpose of this 2
definition, "minority group members"are Afro-Americans, Spanish-speaking, Spanish surnamed
or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT
may rely on written representations by businesses regarding their status as minority and female co
business enterprises in lieu of an independent investigation. d
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3.17 PROGRAM BENEFICIARIES
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At least fifty-one percent (51%) of the beneficiaries of a project funded through this agreement cn
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
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strategy. If the project is located in an entitlement city, as defined by HUD, or serves
beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted
under this agreement must reside in unincorporated Collier County or in municipalities �n
participating in the County's Urban County Qualification Program. The project shall assist L
ii
beneficiaries as defined above for the time period designated in Exhibit"C"of this agreement.
C3
3.18 AFFIRMATIVE ACTION m
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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 0
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
program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for E
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approval prior to the award of funds. The Affirmative Action will need to be updated throughout m
the five year period and must be submitted to County within 30 days of update/modification.
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3.19 CONFLICT OF INTEREST
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The SUBRECIPIENT covenants that no person under its employ who presently exercises any z
functions or responsibilities in connection with the Project, has any personal financial interest, ti
direct or indirect, in the Project areas or any parcels therein,which would conflict in any manner cb
or degree with the performance of this agreement and that no person having any conflict of N
interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT t.1
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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 y
employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be
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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. y=
The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to m
entering into any contract with an entity owned in whole or in part by a covered person or an 2
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 00
reasonable.Approval of an identity of interest contract will be in the COUNTY's sole discretion.
This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects
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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
interpreted in such a manner so an not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low and moderate N
income residents of the project target area.
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3.20 RELIGIOUS ORGANIZATIONS Q
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CDBG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The Q j
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
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A. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to persons on ••
the basis of religion.
B. It will not discriminate against any person applying for public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion. Q
C. It will retain its independence from Federal, State and local governments and may
continue to carry out its mission, including the definition, practice and expression of its
religious beliefs, provided that it does not use direct CDBG funds to support any
inherently religious activities,such as worship,religious instruction or proselytizing.
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D. The funds shall not be used for the acquisition,construction or rehabilitation of structures ��
to the extent that those structures are used for inherently religious activities. Where a N
structure is used for both eligible and inherently religious activities, CDBG funds may m
not exceed the cost of those portions of the acquisition, construction or rehabilitation that
are attributable to eligible activities in accordance with the cost accounting requirements
applicable to CDBG funds in this part. Sanctuaries,chapels,or other rooms that a CDBG y I
funded religious congregation uses as its principal place of worship, however, are
ineligible for CDBG funded improvements.
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3.21 INCIDENT REPORTING �=
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If services to clients are to be provided under this agreement, the subrecipient and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation 2
of a child,aged person,or disabled adult to the County. R
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3.22 SEVERABILITY
113
Should any provision of the agreement be determined to be unenforceable or invalid, such a c
determination shall not affect the validity or enforceability of any other section or part thereof
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PART IV
GENERAL PROVISIONScu
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
http://www.law.cornell.edu/efr/text/24/part-570
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: a
http://www.ecfr.gov/cgi-bin/text-idx?c—ecfr&tpl=/ecfrbrowse/Title24/24cfr58_main..02.tpl cn
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4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act ofre
1974 as amended
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http://portal.hud.gov/hudportal/HUD?src/program_offices/fairhousing equal_opp/FH m
Laws/109 m i
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4.4 The Fair Housing Act(42 U.S.C.3601-20)Reasonable Accommodations Under the Fair Housingco
Act. http://wwvv.hud.gov/offices/fheo/library/huddojstatement.pdf
E.O. 11063 — Equal Opportunity in Housing a'
h .://.ortal.hud..ov/hud ortal/HUD?src=/ ro• am offices/fair housin. es ual o.•/FH
Laws/EX011063
E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs
http://www.archives.gov/federal-register/codification/executive-order/12259.htm1
24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O.
http://www.law.cornell.edulcfr/text/24/part-107
m
43 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968 as
amended
http://portal.hud.gov/hudportal/HUD?src—/program_offices/fair housing_equal opp/prog 0
desc/title8
4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits. discrimination and promotes equal opportunity in housing. N
http://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-tit1e24-vol3-secS70- Q I
602.pdf y
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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 I
http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html
EO 11375 and 12086:see item#8 below >.
4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements
V
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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.oIT
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4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968,as amended. Compliance with the provisions of Section 3 of the HUD ° I
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all •
L
applicable rules and orders issued hereunder prior to the execution of this contract, shall be a a
condition of the Federal financial assistance provided under this contract and binding upon the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the Q i
• SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their U
successors and assigns, to those sanctions specified by the agreement through which Federal m
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other v
disability exists that would prevent compliance with these requirements. ••
0
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The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to
include the following language in all subcontracts executed under this agreement:
E
"The work to be performed under this agreement is a project assisted under a program providing d
direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of
the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section. 3
requires that to the greatest extent feasible opportunities for training and employment be given to
low- and very low-income residents of the project area, and that contracts for work in f
connection with the project be awarded to business concerns that provide economic
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opportunities for low-and very low-income persons residing in the metropolitan area in which the
project is located."
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The SUBRECIPIENT further agrees to ensure that opportunities for training and employment m i
arising in connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards),housing construction, or other public construction project are given to low- o
and very low-income persons residing within the metropolitan area in which the CDBG-funded
project is located; where feasible, priority should be given to low- and very low-income persons a.
within the service area of the project or the neighborhood in which the project is located, and to o.
low- and very low- income participants in other HUD programs; and award contracts for work
L
undertaken in connection with a housing rehabilitation (including reduction and abatement of y=
lead- based paint ha7srds),housing construction, or other public construction project to business v
concerns that provide economic opportunities for low- and very low-income persons residing L
within the metropolitan area in which the CDBG-funded project is located; where feasible,
priority should be given to business concerns that provide economic opportunities to low- and
very low-income residents within the service area or the neighborhood in which the project is m j
located,and to low-and very low-income participants in other HUD programs. c II
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The SUBREUPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements. http://www.ecfr.gov/cgi- bin/text-
idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr135main 02.tpl
4.10 Age Discrimination Act of 1975,Executive Order 11063,and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086. ca
Age Discrimination Act of 1975 - http://www.doi.gov/oasam/regs/statutes/age_act.htm
11063:http://portal.hud.gov/hudportal/HUD?src/program_offices/fair housing equal o cn
pp/FHLaws/EXO 11063
11246:http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html Q
11375:Amended by EO 11478 v
11478:http://www.archives.gov/federal-register/codification/executive-order/11478.html
12107:http://www.archives.gov/federal-register/codification/executive-order/12107.html o
12086:http://www.archives.gov/federal-register/codification/executive-order/12086.html
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4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm
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4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 570.614 Subpart K.
Section 504:http://www.epa.gov/civilrights/secSO4.htm
29 USC 776:http://law.onecle.com/uscode/29/776.html e.
24 CFR 570.614:http://www.law.cornell.edu/cfr/text/24/570.614 a
4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm
ti
• 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended.
http://www.fhwa.dot.gov/realestate/ua/index.htm
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4.15 29 CFR Parts 3 and 5 -Regulations which prescribe the payment of prevailing wages and the use
of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act.
HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC
276a and 24 CFR 135.11(c). m
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29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed in
whole or in part byLoans or Grants from the United States-
http://www.law.comell.edukfr/text/29/part-3
• 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally L
Financed and Assisted Construction (Also Labor Standards Provision Applicable Subject to
the Contract Work Hours and Safety Standards Act) http://www.law.cornell.edu/cfr/text/29/part-
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Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally
assisted projects.http://www.presidency.ucsb.edu/ws/index.php?pid=23675
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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 c
Development Block Grant Contracts. a)
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise http://www.mbda.gov/node/333 m
HUD Circular Letter 79-45 a
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4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and L
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, "'
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as revised by Executive Order 13279. The applicable non-discrimination cc
provisions in Section 109 of the HCDA are still applicable. 0
24 CFR 570.607: http://ww .gpo.gov/fdsys/pkg/CFR-2010-title24-vo13/pdf/CFR-2010- title24 0
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vol3-sec570-608.pdf ..
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E.O. 13279:http://fedgovcontracts.com/pe02-192.htm
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4.18 Public Law 100-430-the Fair Housing Amendments Act of 1988. _
http://www.ncbi.nlm.nih.gov/pubmed/12289709 E
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4.19 2 CFR 200 et seq-Uniform Administrative Requirements,Cost Principles,and Audit
requirements for Grants and Agreements. e'
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4.20 Immigration Reform and Control Act of 1986 L
http://ww
w .eeoc.gov/eeoc/history/35th/thelaw/irca.html c
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4.21
4.21 Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, c
either directly or indirectly,any favor,gift,loan,fee, service or other item of value to any County N
employee, as set forth in Chapter 112,Part III,Florida Statutes, Collier County Ethics Ordinance m
No.2004-05,as amended,and County Administrative Procedure 5311.Florida Statutes- v
http:/Iwww.lawserver.com/law/state/florida/statutes/florida statutes chapter_112_part iii Collier o
County- ._
http://bccsp0l/SiteDirectozy/ASD/HR/labor/CMA.s/Shared%20Documents/CMA%205311.1% co
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20Standards%20of%20Conduct.pdf a.
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4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the
Contract Documents,the terms of the agreement shall take precedence over the terms of all other re
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 2
Documents cannot be resolved by application of the Supplemental Conditions,if any,or the >,
agreement, the conflict shall be resolved by imposing the more strict or costly obligation under m
the Contract Documents upon the Contractor at Owner's discretion. c
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4.23 Venue-Any suit of action brought by either party to this agreement against the other party relating
to or arising out of this agreement must be brought in the appropriate federal or state courts in
Collier County, FL which courts have sole jurisdiction on all such matters. (No reference
required for this item). 2
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4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
agreement to resolve disputes between the parties, the parties shall make a good faith effort to in
resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or 2
mediation shall be attended by representatives of SUBRECIPIENT with full decision-making
authority and by COUNTY'S staff person who would make the presentation of any settlement re
reached during negotiations to COUNTY for approval. Failing resolution, and prior to the C9
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 v I
Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as
required hereunder,the other party may obtain a court order requiring mediation under§ 44.102,
Florida Statutes.The litigation arising out of this agreement shall be Collier County,Florida,if in
state court and the US District Court, Middle District of Florida,
daif in federal court. BY
EN TERING INTO THIS AGREEMENT, COLLIER COUNTY AND TEE SUBRECIPIENT L
.EXPRESSLY WAIVE ANY RIGHTS ETTHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT.
http://www.flsenate.gov/Laws/Statutes/2010/44.102 'E.
4.25 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act,41 USC 7401,et seq.http://www.law.cornell.edu/uscode/text/42/7401 r
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. c {
http://www.law.comell.edu/uscode/text/33/chapter-26 N
4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in c I
an area identified by FEMA as having special flood hazards,.flood insurance under the National "ca—
Flood
Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment a
(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 co
idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2
4:3.1.1.3.4.11.1.6&idno=24
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4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead- Based Paint Poisoning >,
Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/egi-bin/text-idx?
c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&viewrtext&node=24:3. c
1.1.3.4.11.1.9&idno=24 E
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4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in
the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures
set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for
Protection of Historic Properties,insofar as they apply to the performance of this agreement.
http://www.nps.gov/history/local-law/nhpal966.htm http://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr&tp1=/ecfrbrowse/Title36/36cfr800_main_02.tpl a
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a federal, state or local historic property list. http://www.nps.gov/history/local-
lawinhpa1966.1thn law/nhpa1966.htm
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4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with
the Drug-Free Workplace Act of 1988(41 USC 701).
http://us-co de.vlex.com/vid/drug-firee-workpl ace-requirements-contractors-19242870
4.30 The SUBRECIPIENT certifies that neither it,nor its principals, is presently debarred, suspended, CD
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is Q '
similarly debarred or suspended from participating in this covered transaction as outlined in 24
CFR 570.609, Subpart K.
http://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgu=div8&view=text&node=2
4:3.1.1.3.4.11.1.10&idno=24 r,
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4.31 The SUBRECIPIENT agreesto comply with the following OMB Circulars whichever is
applicable, and agrees to adhere to the accounting principles and procedures required therein, c9
utilize adequate internal controls, and maintain necessary source documentation for all costs
incurred.These requirements are enumerated in 2 CFR et seq.
• .N
4.32 Single Audits shall be conducted annually in accordance with 2 CFR 200.501 and shall be a
submitted to the County nine (9) months after the end of the SUBRECIPIENT's fiscal 3
year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 d
Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit y=
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 receipt
of an audit report,the COUNTY reserves the right to recover any disallowed costs identified in s°
an audit after such closeout. >,
CIarification of Eligible Audit Costs
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The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost
certification of costs performed by a certified public accountant. This has always been an eligible
cost;the amendment clarifies and codifies this. http://www.law.cornell.edu/cfr/text/24/92.206
4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be a
subject to the provisions of CDBG including, but not limited to, the provisions on use and in
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
http://www.law.cornell.edu/cfr/text/49/24.101 m
http://cfr.vlex.com/vid/570-505-use-real-property-19928754
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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,
subcontractors and consultants who will perform hereunder, have not been placed on the
convicted vendor list maintained by the State of Florida Department of Management Services
within the 36 months immediately preceding the date hereof. d
This notice is required by§287.133 (3)(a),Florida Statutes. °'
http://www.lawserver.com/Iaw/state/florida/statutes/florida statutes 287-133 E.
4.35 No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, L
to any person for influencing or attempting to influence an officer or employee of any agency, a N {
Member of Congress, an officer or employee of Congress, or an employee of a Member of ti
Congress in connection with the awarding of any Federal contract, the making of any Federal co
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the N
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.If any funds other than Federal appropriated funds have been paid
or will be paid to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a co
Member of Congress in connection with this Federal contract, grant, loan, or cooperative d
agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying,"in accordance with its instructions. a)
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The undersigned shall require that the language of this certification be included in the award
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documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under
grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and
disclose accordingly. s
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4.36 Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem m
rates in effect at the time of travel. c
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4.37 Any rule or regulation determined to be applicable by HUD.
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4.38 Florida Statutes 713.20,Part 1,Construction Liens
http://www.leg.state.fLusiStatutes/index.cfm?App_mode=Display m
0799/0713/0713.htm1 9
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4.39 Florida Statutes 119.021 Records Retention o.
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http://www.lawserver.com/law/state/florida/statutes/floridastatutes_119-021 m
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4.40 Florida Statutes, 119.071,Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=DisplayStatute&URL=0100- v
0199/0119/Sections/0119.07.html 0
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IN WITNESS WHEREOF,the Subrecipient and the County,have each respectively,by an authorized
person or agent,hereunder set their hands and seals on the date fust written above. m
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ATTEST: BOARD OF COUNTY COMMISSIONERS OF .°
DWIGHT E.BROCK, CLERK COLLIER COUNTY,FLORIDA
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,Deputy Clerk DONNA FIALA,CHAIRMAN
Date:
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COLLIER COUNTY COMMUNITY m
Dated: REDEVELOPMENT AGENCY(BAYSHORE) �?
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Tim Nance,Chairman
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Approved as to form and legality: °'
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Jennifer A.Belpedio op 0, 1>6/
Assistant County Attorney o- r
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16.B2.a
PART V
EXHIBITS
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EXHIBIT A N
INSURANCE REQUIREMENTS
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The SUBRECIPIENT shall furnish to Collier County, do Community and Human Services Division,
3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing m
insurance coverage that meets the requirements as outlined below:
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I. Workers' Compensation as required by Chapter 440,Florida Statutes.
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2. Commercial General Liability including products and completed operations insurance in the
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amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than$1,000,000 combined single limit
for combined Bodily Injury and Property Damage.Collier County shall be named as an additional 4
insured. c
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DESIGN STAGE(IF APPLICABLE) d
In addition to the insurance required in 1 --- 3 above, a Certificate of Insurance must be provided as
follows: r�
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4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design c•i
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 v
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in N I
connection with this contract. This insurance shall be maintained for a period of two (2) years
after the certificate of Occupancy is issued. Collier County shall be named as an additional
insured. 0
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage prior s
to any construction:
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5. Completed Value Builder's Risk Insurance on an"All Risk"basis in an amount not less than one
hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. ° f
4001), the SUBRECIPJENT shall assure that for activities located in an area identified by the
Federal Emergency Management Agency (FEMA) as having special flood hazards, flood o.
insurance under the National Flood Insurance Program is obtained and maintained as a condition fn
of financial assistance for acquisition or construction purposes(including rehabilitation). a)
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OPERATION/MANAGEMENT PHASE(IF APPLICABLE) re
After the Construction Phase is completed and occupancy begins,the following insurance must be kept in m
force throughout the duration of the loan and/or contract:
7. Workers' Compensation as required by Chapter 440,Florida Statutes. o
8. Commercial General Liability including products and completed operations insurance in the m
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit o-
for combined Bodily Injury and Property Damage. Collier County as an additional insured.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred r-
(100%)
(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.
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11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full
replacement values of the structure(s)or the maximum amount of coverage available through the
National Flood Insurance Program(NEP).The policy must show Collier County as a Loss Payee N
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EXIT B
COLLIER COUNTY COMMUNITY&HUMAN SERVICES
REQUEST FOR PAYMENT
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SECTION I:REQUEST FOR PAYMENT
Subrecipient Name: u)
Subrecipient Address:
Project Name: it
Project No: Payment
j Request#
• Total Payment Minus Retainage C�
Period of Availability: through m
Period for which the Agency has incurred the indebtedness through
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SECTION II: STATUS OF FUNDS
Grant Amount Awarded $
Sum of Past Claims Paid on this Account $
Total Grant Amount Awarded Less Sum of Past
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Claims paid on this Account $
Amount of Previous Unpaid Requests $ a
Amount of Today's Request $ c
10%Retainage Amount Withheld $
Current Grant Balance (Initial Grant Amount
Awarded Less Sum of all requests) $
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I certify that this request for payment has been made in accordance with the terms and conditions of the 1`
Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and
belief,all grant requirements have been followed. N
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Signature Date
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Authorizing Grant Coordinator Authorizing Grant Accountant N i
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(Approval required$15,000 and above) (Approval Required$15,000 and above) o
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EXHIBIT C
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QUARTERLY PERFORMANCE REPORT DATA o
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GENERAL
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Grantee Is required to submit to HUD,through the Integrated Disbursement and Information System ("IDIS") Performance co
Reports.The County reports information on a quarterly basis.To facilitate In the preparation of such reports, Subreciplent L
shall submit the information contained herein within ten(10)days of the end of each calendar quarter. ii
QUARTERLY PROGRESS REPORT
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Sub-recipients:Please fill in the following shaded areas of the report CO
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Agency Name: Bayehote Gateway Triangle Community Redevelopment Agency Date:
Project Title: Fire Suppression improvement Project
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Alternate m
Program Contact: Elly Mcltuen,Project Manager Contact:
Telephone Number; (239)239-252-5890 'E.
Activity Reporting Period Report Due Date
October 1"-Decambsr 31' January IO N
January 31"—March 31" Apra 106 • r
April 1'4-June 3014 July 10N
July 1"—September 30th October 10th c
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Please take note; Each quarterly report needs to include cumulative data beginning from the Start of the agreement date. CO
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A.Outcome Goals; list the outcome goal(a)from your approved application&sub-recipient agreement.
d ;
re
Outcome 1:Completion of Construction and related activities to install and or upgrade fire hydrants,
upgrade water mains,associated appurtenances,required permitting,construction inspection services and
any contingencies needed to complete the Fire Suppression Infrastructure project. ?>.
03
Outcome 2:Project complete and National Objective achieved and documented: LMA • °°
Bayshore Gateway Triangle Community Redevelopment Agency
CD 16-005 IDIS#543
• Fire Suppression Infrastructure Project
Page 34
” j s
Packet Pg` 872
l6.B�a;
B.Goal Progress:Indicate the progress to date in meeting each outcome goal. E
a:
to
0
y
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8.
0.
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is this project stili in compli ncew the original project*pki4.4.41ezit more than months b nd ss edul ,
ii
2. mud#su�mi#ae�rrrteline#QrsProval. Q II
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❑ ❑ • V 1
Yes No up
0
If no,explain:
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3. Since October 1,2016,of the peradna assisted,how many
c
a)
C)
a. ...now have new access(continuing)to this service or benefit?
b. ...now has improved access to this service or benefit?
r,
b. • ...now has improved access to this service or benefit? 0 cc
C. ...now receive a service or benefit that is no longer substandard? 0
L7
TOTAL: 0
V
0
4. Whatftirttiing sources are pli d ortilt R t od 1 iorain year? N
Other Consolidated Plan Funds CDBG (
N
Other Federal Funds ESG
t.
State/Local Funds HOME
reTotal p
Entitlement
Total Other Funds $ 0.00 Funds $ 0.00 R
r
C
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Bayshore Gateway Triangle Community Redevelopment Agency
CD 16-00S IDIS#543
Fire Suppression Infrastructure Project
Page 35..
Packet Pg,873
I
16.B.2.B=
5. What is the total nurrliier of t7NB17PL I ATE!clt.�ertts served this[quarter,at pplicable?
/\ a. Total No.of adult females served: 0 Total No.of females served under 18: 0
b. Total No.of adult males served: 0 Total No.of males served under 18: 0
0
U,
N
TOTAL: 0 TOTAL: 0
c. Total No.of families served: Total No.of female head of household: 0 rn
O
6. 1i hat is lite total number Ot'1`#NBt#P CATEO silent st rved since October,if applic le?' m
a. Total No.of adult females served: 0 Total No.of females served under 18: 0
sz �
b. Total No.of adult males served: 0 Total No.of males served under 18: 0
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• TOTAL: TOTAL:
c. Total No.of families served: 0 Total No.of female head of household: 0 V
•
Complete EITHER Question#7 OR#8. Complete question 47 If your program only serves clients In one or more of the listed HUD Presumed Benefit m
categories. Complete question a8 if any client In your program does not fall into a Presumed Benefit category. Ci I
DO NOT COMPLETE BOTH QUESTION 7 AND 8
7. 1z1 UM 17'.R NEFICIAI Y t3A?14� $: fl fdEf B NEpIC1ARY p A.tN(�G3Ml*R/#1t GE o
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
(the total should equal the total in question#6) should equal the total in question fh6)
REPORT AS: REPORT AS: c
O Abused Children Homeless 0 Extremely tow Income(0-30%) d
O Person Battered 0 Low Income(31-50%) r'
O Battered Spouses 0 Moderate Income(51-80%)
O Persons w/HIV/AIDS 0 Above Moderate Income(>8O%) _d
Elderly Persons
O Veterans it
.n
O Chronically/Mentally 16 3
N
0 Physically Disabled Adults t.
• 0 Other-Youth •
•
TOTAL: 0 TOTAL: 0
N
0
0
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Bayshore Gateway Triangle Community Redevelopment Agency
CD 16-005 IDIS#543
Fire Suppression Infrastructure Project
Page 36
Packet Pg 874 L
I6.B 2:a
EDIT D
INCOME CER'LIFICATION
INSTRUCTIONS = I
0 j
Complete form,and retain appropriate supporting documentation,to document providing CDBG assistance w
to an eligible beneficiary. Please file in your organization's records and have on hand for future a
monitoring visits. o.
in I
Effective Date: °-'
LL
A. Household Information ce
Member Names—All Household Members Relationship Age
1 v
2 ='
0
3
a)
4
5 E
6 L
7 a
8
B. Assets:All Household Members,Including Minors
3
Member Asset Description Cash Value Income
ti
from Assets
1 cc
0
2 c9 I
3 o
4 v
S
N
6
L
7 c
8 0.00 n
Total Cash Value of Assets B(a) 0.00 '-
Total Income from Assets B(b) 0.00
If line B(a)is greater than$5,000,multiply that amount by the rate specified U
by HUD(applicable rate 2.0%)and enter results in B(c),otherwise leave
blank. B(c)
•
t0
N
E
Bayshore Gateway Triangle Community Redevelopment Agency
CD 16-005 IDIS#543
Fire Suppression Infrastructure Project
Page 37
Packet Pg. 875
i
C. Anticipated Annual Income:Includes Unearned Income and Support Paid on
Behalf of Minors
co
Member Wages/ Benefits/ Public Other rn
Salaries Pensions Assistance Income
(include tips, Asset co
commissions, Income Q
bonuses,and C.
overtime) (Enter the u�
1 greater of
2 box B(h)or
box B(c),
3
above,in
box C(e) c
5 below) v
6 cs
7
8 `.
Totals (a) (b) (c) (d) (e)
0.00 0.00 0.00 0.00
a)
Enter total of items C(a)through C(e). 0.00 a,
This amount is the Annual Anticipated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. 1/we have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. I/we certify that the statements are true
and complete to the best of my/our knowledge and belief and are given under penalty of
ti
- perlurY•
co
WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations N
concerning income and assets or liabilities relating to financial condition is a misdemeanor of the . m
first degree and is punishable by fines and imprisonment provided under S.775.082 and 775.083.
' o
co
d
Signature of Head of Household Date Q
N
Signature of Spouse or Co-Head of Household Date
N
Adult Household Member(if applicable) Date m
c
a)
Adult Household Member(if applicable) Date
Bayshore Gateway Triangle Community Redevelopment Agency
CD 16-005 IDIS#543
Fire Suppression Infrastructure Project
Page 38
Packet Pg.876
E. CDBG Grantee Statement: Based on the representations herein, the family or
individuals) named in Item A of this Income Certification is/are eligible under the E
provisions of the CDBG Program. The family or individual(s)constitute(s)a: N
U
Fl Very-Low Income (VLI)Household means and individual or family whose annual income does
not exceed 30 percent of the area median income as determined by the U.S. Department of
Housing and Urban Development with adjustments for household size.
a.
(Maximum Income Limit$ ). a
cn
L i
❑ Low Income (LI) Household means and individual or family whose annual income does not u-
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. U
C7
(Maximum Income Limit$ ). co
czt[❑ Moderate Income(MOD)Household means and individual or family whose annual income does cc
not exceed 30 percent of the area median income as determined by the U.S. Department of a
Housing and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
y
Based upon the (year) income limits for the Naples-Marco Island Metropolitan 1'
Statistical Area(MSA)of Collier County,Florida. Q
Signature of the CDBG Administrator or His/Her Designated Representative: c
•
ai
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v
0
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Signature Date in i
n
Co
• r
Printed Name Title C%1
F. Household Data °o
Number of Persons V
By Race/Ethnicity By Age
Native
American Hawaiian or Other 0— 26— 41—
Indian Asian Black Other Pac. White 25 40 61 62+
Islander
w
Hispanic
Non-
Hispanic
NOTE:Information concerning the rate or ethnicity of the occupants is being gathered for statistical m p
use only.No beneficiary is required to give such information he or she desires to do so, and refusal c
to give such information will not affect any right he or she has to the CDBG program °'
E
v
ce
Bayshore Gateway Triangle Community Redevelopment Agency
CD 16-005 IDIS#543
Fire Suppression Infrastructure Project
Page 39
Packet Pg 877
,.:.7.16'.8-14=
EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
>
Circular 2 CFR 200.500 requires Collier County to monitor subrecipients of•federal:awards to determine if .2
subrecipients are compliant with established audit requirements: Accordingly, Collier County requires that all L
-appropriate docUmentation is provided regarding your organizations compliance
In determining Federal awards expended in a fiscal year, the entity must•consider all sources of Federal awards in
based on when the activity related to the federal.award occurs; including.any.Federal award provided by Collier L
County The determination amounts of Federal awards expended:shall be`in accordance with guidelines
established by OMB Circular A 133 for fiscal years'beginning before December 26'.•2014, and established bv`2
CFR Part.200;Subpart F Audit Requirements, for fiscal:years beginning on:`or.after.December..26, 2014. This i
form may be used to monitor Florida Single Audit Act(Statute 215.97) requirements
Subrecipient Bayshore Community Redevelopment Agency l
Name
First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DDJYY) rno
Total.Federal Financial Assistance Expended Total State Financial Assistance Expended during
during most recently completed Fiscal Year most recently completed Fiscal Year
Check A. or B. Check C if applicable
A.The Federal/State expenditure threshold for our fiscal year ending as indicated above has been 'a
❑ met and a Circular A-133 or 2 CFR Part 200, Subpart F Single Audit has been completed or will be L
completed by . Copies of the audit report and management letter are attached or 15
will be provided within 30 days of completion. rn
ti
B.We are not subject to the requirements of OMB Circular A-133 or 2 CFR Part 200, Subpart F
because we: o
❑ Did not exceed the expenditure threshold for the fiscal year indicated above (NI
❑ Are a for-profit organization
❑ Are exempt for other reasons—explain c)
An audited financial statement is attached and if applicable, the independent auditor's management o
letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit reports.While we understand a
❑ that the audit report contains a written response to the finding(s), we are requesting an updated
status of the corrective action(s) being taken. Please do not provide just a copy of the written
response from your audit report, unless it includes details of the actions, procedures, policies, etc.
implemented and when it was or will be implemented.
Certification Statement
I hereby.certify that the above information is.true.and accurate.
Signature Date m
E
Print Name and Title •
a�
E
Bayshore Gateway Triangle Community Redevelopment Agency
CD 16-005 IDIS#543
Fire Suppression Infrastructure Project
Packet Pg 878