Agenda 01/28/2014 Item #16D121/28/2014 16.D.12.
EXECUTIVE SUMMARY
Recommendation to approve a subrecipient agreement implementing the FY2013 -2014 Annual
Action Plan by utilizing U.S. Housing and Urban Development (HUD) Community Development
Block Grant (CDBG) funds for Habitat for Humanity - Faith Landing Infrastructure Project
(Fiscal Impact $500,000).
OBJECTIVE: Implement the HUD Action Plan to expend the County's entitlement allocation.
CONSIDERATIONS: The FY2013 -2014 HUD Action Plan was approved at an absentia Board of
County Commissioners meeting on August 13, 2013 (Item #11A) and ratified at a regular Board meeting
on September 10, 2013 (Item #16FI). The FY2013 -2014 HUD Action Plan identified and described
numerous projects for implementation during this fiscal year.
This item is to approve one of the projects set forth in the FY2013 -2014 HUD Action Plan as follows:
* A more specific project description is outlined in the subrecipient agreements — Section i. Scope of
Services.
Staff has completed a compatibility analysis for the attached subrecipient agreement between the
Consolidated Plan, the subrecipient grant application and amendments, the FY2013 -2014 Action Plan and
amendments, Priority Needs Category and the Subrecipient's scope of work for the development of the
subrecipient agreement. Board approval of the subrecipient agreement confirms the basis upon which
payment is to be made; only to change thereafter by Board approved substantial amendment and /or
contract amendment, if needed. Staff confirms that the project is consistent with the Consolidated Plan
and the FY2013 -2014 HUD Annual Action Plan.
There are additional subrecipient agreements funded in the FY2013 -2014 HUD Annual Plan that will be
presented to the Board at a future meeting for consideration.
FISCAL IMPACT: There will be no effect on ad valorem or general fund dollars. Funds are available
within the Housing Grant Fund (705). Project funding for the subrecipient agreements are outlined below:
Subrecipient
Funding Amount
Project Title*
Priority Needs
Habitat for Humanity — Faith
Landing Infrastructure
Housing Fund: CDBG
Project: 33289
FY2013 -2014
CategoKy
Habitat for Humanity
$500.000.00
Faith Landing
Public Facilities
Infrastructure
* A more specific project description is outlined in the subrecipient agreements — Section i. Scope of
Services.
Staff has completed a compatibility analysis for the attached subrecipient agreement between the
Consolidated Plan, the subrecipient grant application and amendments, the FY2013 -2014 Action Plan and
amendments, Priority Needs Category and the Subrecipient's scope of work for the development of the
subrecipient agreement. Board approval of the subrecipient agreement confirms the basis upon which
payment is to be made; only to change thereafter by Board approved substantial amendment and /or
contract amendment, if needed. Staff confirms that the project is consistent with the Consolidated Plan
and the FY2013 -2014 HUD Annual Action Plan.
There are additional subrecipient agreements funded in the FY2013 -2014 HUD Annual Plan that will be
presented to the Board at a future meeting for consideration.
FISCAL IMPACT: There will be no effect on ad valorem or general fund dollars. Funds are available
within the Housing Grant Fund (705). Project funding for the subrecipient agreements are outlined below:
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for approval. - JAB
GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact by this action.
RECOMMENDATION: Approve a subrecipient agreement for Habitat for Humanity — Faith Landing
Infrastructure project.
Prepared By: Elly Soto McKuen, Operations Analyst; Housing, Human and Veteran Services
Packet Page -576-
Subreci Tent
Funding Source
Funding Year
Funding Amount
Habitat for Humanity — Faith
Landing Infrastructure
Housing Fund: CDBG
Project: 33289
FY2013 -2014
$500,000.00
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for approval. - JAB
GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact by this action.
RECOMMENDATION: Approve a subrecipient agreement for Habitat for Humanity — Faith Landing
Infrastructure project.
Prepared By: Elly Soto McKuen, Operations Analyst; Housing, Human and Veteran Services
Packet Page -576-
1/28/2014 16.D.12.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.12.
Item Summary: Recommendation to approve a subrecipient agreement implementing
the FY2013 -2014 Annual Action Plan by utilizing U.S. Housing and Urban Development (HUD)
Community Development Block Grant (CDBG) funds for Habitat for Humanity - Faith Landing
Infrastructure Project (Fiscal Impact $500,000).
Meeting Date: 1/28/2014
Prepared By
Name: McKuenElly
Title: Grant Support Specialist, Housing, Human & Veteran
1/13/2014 4:09:43 PM
Submitted by
Title: Grant Support Specialist, Housing, Human & Veteran
Name: McKuenElly
1/13/2014 4:09:44 PM
Approved By
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 1/15/2014 9:24:10 AM
Name: MesaNancy
Title: Accountant,Housing, Human & Veteran Services
Date: 1/15/2014 2:08:12 PM
Name: GrantKimberley
Title: Interim Director
Date: 1/15/2014 10:21:48 PM
Name: SonntagKristi
Date: 1/16/2014 3:05:42 PM
Packet Page -577-
Name: RobinsonErica
Date: 1/ 16/2014 4:24:02 PM
Name: BelpedioJennifer
Title: Assistant County Attorney,County Attorney
Date: 1/17/2014 11:07:33 AM
Name: CarnellSteve
Title: Administrator - Public Services
Date: 1/21/2014 4:11:00 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 1/21/2014 4:40:56 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 1/21/2014 5:13:57 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/22/2014 8:10:05 AM
Name: OchsLeo
Title: County Manager
Date: 1/22/2014 9:10:02 AM
Packet Page -578-
1/28/2014 16.D.12.
1/28/2014 16.D.12.
-(,front
CFDA/CSFAr - 14.218
►ubtvcipient - Habitat for Hurnanit-N of
(',olficr ("ountx Inc.
DUNS 080676690
FETI 4 - .59-1 834 379
f-is-c-a-1 —Year End: 6110
Monitor End: 11,; 11'2011)
AGRUMENT BETWLEwN ('0LLIER ('01ANTY
A NN 1)
HABITATFOR HUMANITY OF C(-)Ll,,ILR (70UNTN., IN("'.
Faith Landing Infrastructure ImprowntentN
THIS AGREEMENTIN rttadv and enieTed into this dov (if 2014, H-,
joridz "VOL" -('rantcc- � havin,4 it�,
hctvveep Collier (►unt). ,I politicai subdivision, 04, the SLat,-- of I
"rin-itia, address I
as 3. , 1-.'larniam' Irail. Naph--s Fl- j 12. and -Rabitat forHumanitN of(.othei-ClountN,
Inc."t-f-labitat fti- HuinanM- o- -Subrecipient-« v private not-for-pr►fit corrA)ratj011 exIS1111C UTIUCT the
the Stai.c ofl-lorl&- haviiw its principal offee at 11145 Tamiami Trail I'- Naples, FL 34113.
%A,'HEREAS. the C'(A,` N`F-Y Is an emitiernem ('ounv, of the 1•nUeL States, Departmew oi"I-Iousln- and,
1-Irbar. DI-N-ciopmen', (HUD) grant prourarn CominumV, Devcim)rnem Mo6. Grant Pro-mm fund and the
col grant program.s w operai�: th-,
I expeci.,, 1(, continue to receiv, enutiemcni iund.t� trom these
0,41 housini.: anti community developm.trii activities. and
WHEREAS, tit- BOal`L' 0.' (,'ount\ C'oinmissioncrs of C'ohicr C'ount-, Upprovetll ThL, C.olher (-,0uni%
C..ollsolidaw Pian - On-.-Yex Ncttioti Nam, ftii- Federa: Fiscal feat. 7()! %'0 1 lo, '11- CI)B Ikrca Iran! at tile
Aueust ?0 absentia meetinia-Agenda item 11 ratified at the September 10. 201 Board o C. uunt%
C ommissionen" meeting: and
WHEREAS, HUTD has approved tine- Clounti's C'onso4datej Plan, and the C:ount\ prepared the f"Y'N', I
20'14 0m:-Yeur Action tietaftinv hov, is intends to allocate tends re-Q-clved from IR'D to conduct z.-jloibill
activities for the benefit and moderate-Income residents, andi
WHEREAS, on Augusl 1 ',. 201 ", the COU'NIFY approvec; the One-Y= Annual Actior. Piar pro vidilif,
CIDB(T funds in the amount o"S.S00,000 to Babnat unti-, Inc. i
for Humanity qf'C�'oflivpr Ca o,, the CDR G Faith
Landing Infrastructure iocated in Immokaiec. FL: anti
NONA', THEREFORE. in consideration, of the mutual co-% nants and oblivations herein. tht: ilarfie,,,
a-(,r--e as fchows:
11 S(7101"E OF WORK
Inc S*t-';B1,U-,C'1j1I!1'N'r shal'. it 6< -satisiacton an14
proper nia-nncr anti consistent xviii,� art,, standard l
—qul I I Ul I L]
rt�d as a condition tO provid iw CDB(' f idz-,� as dclenn tic I iiN ( oil'--- Count,, 1•iousin4g- Human an-:
ar okiet ounv- i ni�
�o-. Humanit%
Pa'ac 1, Of",-
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1/28/2014 16.D.12.
vetcran, ` c.n-Ices tlifl\'Si. ani the F1'200 -2014 00-2014 Action Plan identified and approved the Project to
i)erform the casks necessary to conduct the program as follows:
a� at; administrator oart th, CIDNO pr0,-ran,. �A,w fund, ur t( tit; imst
anioun, of x;500.000 to Habitat I'm Humanip, (-, fund construction o: inirastructurc, and environmental rl-\,Ievl
i,()r phase (* of the 'I"aith Lan(ling Deveiopmeni in ImmokaJec it order to construcl afibrdahh: singic iamil,,
homes,
A, Sl'f-.,('IAL, GRANT CONDITIONS
i
Within 6(,) dais of the execution cif` this agreement, the SubreciP` in t must deliver to HHV'
I en I rep is and
for approval a detailed project schedule for the completion of the environme ta-
infrastructure construction.
The Subreciplent, must have the environmental requirement cleared by the HHV, prior to the
incurrence oi costs on activities that would limit the choice of reasonable alternatives.
gore L rn ink hod\
The i6l1o\v - 1n,, resolutions and policies must be adopted b\ the Suhrecipient'�,
prior to the distribution of funds.
a. Affirmative 1~air Housim, PohcV
b. Affirmative Fair Housing Marketing Plan
c. Procurement Policy including Code of Conduct
d. Affirmativc Action Piwll
e. Couffici of Interest Polic\ 10-N
f. Equal Opportunity Pohc,\
Residential .anti - displacement and Relocation 1'(,IIC\
h. Sexual, Harassment Polies
i. Procedures for meeting the requirements set Forth in Section 35 (-,)f' the Housing and
IV jrban Development Act oF 1969. as amended 0 744 1 u I
j. Procedures for meeting, the requirements set forth in Section 504 of the
Rehabilitation Act of 19". as amended (='q [,.S.('. 7q41
B� PROJECT DETAILS
Protect Comg9nent I: Lnyjrnnrngnml ke-vieu and Infrastructure Construction.
The Suhreciplent will engage in performin- the environmental review and construction of
I t, -aiec it order it) construct
int-rastruclurc for phase 2C of the Faith Landing Development in Immok I - ' - - .
'Yordabic- sin-olt, family hornts. Hablitw for Humanitv will receive an aniount up to �500.000 through an
a f
allocation of funds to perform the following CDBCj activities:
I iabitut to, hurnanaN of colba Counix. Inc
Paue 2 of-,'
Packet Page -580-
1/28/2014 16.D.12.
Ism Ctf 'eme t. Federal Funds
1'roierr Compiment 1: 1",und Environmental Re%4esi. and S;;0(1-(W1!
construction of the infrastructure jor phase 2C (?f the Failit
Landing Devehijiment in Immakalee in ordet- iv construct
affordahle,vinlaie.ldmill, homes.
Grand Total S-R,10.000
Pmlieci 1-asks
N. Maintain documentation on all househoids sei-Ned 11i compilanc
b. Provide quarterly reports on meeting a C1)B(j National Objective
f.;. Provide Environmental Reviev, Assessment
d. Provide Site Desiryn and Specifications
s C,*
Prepare Bij Specifications and F-rigince ost Fstimatt,
f. ,4
Obtain Sealed Bld�, an� prowide procurement 0ocumentation
1,)rovide Certified Tlavroll as requested
h. Submit invoices it-) HM\`S fo- environmental and construction of the infrastructure
Costs
Provide t-()r a lien for each parcel tocateO in phase 2C. in the amount of CDR(1
zLssistancc until the project has completed construction
2. National Objectl\:-C
4
'!'he arant funds, --warded to) Habi Lm fo.- Humanit % will rl.-n-efit at i.eas' 5 1 `,, 1,m-% to
lncom-- House-hoids. As such the Subrecipient shed; be responsible to,- ensuring that at
511,',,, percent of the beneficiaries meet in,.- definition of Housing ,%ctiNtil:je, at -24 (--TR
11. TIME OF PERFORMANCE
S-cr\-icts of trio SUB RECIPIENT 'shall start, on the 114th dad - %, of Januan-,27014 and -end (in the 31st daN
of December, 2014. 'Fhe tern, of this Agreement and the provisions iierein ma% bc extended ii� amendment w
cover and additional time period during which the KJBRE CIPTENI remain, in control of Cl)B(-1 1`1111d� 07 Other
CDBG assets. including program income.
III. AGREEMENT AMOUINT
Thc COL.-KFY aLrecs to make available FIVE HUNDRE 1) THOUSAND DOLLARS (S500.1100) fo,
thy: use bN the SL.'BRICfi)]E-NI during the lcrn of tree A-rcemenl t reL
nafter. the aj )restatec amoun,
inciudini.:- �vithoui limitation. an,,- additional arnounLs included tiiereto as v result o subsequent amendnientil s
to the Agreement. shat I be ref rrefi Lo as the "ILunds"),
i4i'Nax Itr flumann, o' ( Alcr ,, ount.- Im-
20; ° —014 C,I)BG ic!)BOI 3-03)
Paix -, of- -,2
Packet Page -581-
1/28/2014 16.D.12.
%Modificatiom to the -Budgct and Scone" ma% onh he made it' approved in advance. to
tfi c budget aml scopt will iie perjormed in conzoi-ILLaricc with C%lA 55,,(11. 1 iudgct I e u furi . j shitt
iterns and protect componcm� shall not bc more thar, 101�,, and dries not signif" it chant-fe ir scooc- T'und shifts
that exceed I (W,-, of a line item and a project component shall (.)ni\, be made with board appTovai.
All improvements specified in Section 1. Scope of, \,k-ork shall he perfomied- b\, SU�BRECIPIE",']
am
employees. )l N
or shall be p jur-- acceptable to tht
L put out to competitive bidding under a proce(
Federal requirements. The S UBRI"Cl PIFNI shall enter into contract I I or improvements Wittl tht-, iowesl.
h -, the St�B 11-VIPIEN'T an'd
responsive and qualified bidder. Contract administration shall be handled - - 1 11
monitored ocuments related to thr, proiec—.
ionflored Jh\ JJHVS. which shall have access to all record.,, and d
I'he County shall reimburse the SUBRECIPIEN1 for the perictrrnuncc 01 th'S �kgreernen,,, upon
completion or partial completion of tile work tasks as accepted and approved b\ HFIVS pursuant t(, the
'CDB(i fund,,, unit"
submittal ol'quarterh progrcs,-; reports. SUBRECIPIEN'T may not req=st disbursement ol,
tunds- are needed for eligible costs and all disburscment& requests must be limited to the aniouni needed at the
tint. o! the r:qucst. Invoice, f T wort performed arc required ver
Y month. SUBRL
fund-, only for alloNvabie costs resulting from obligations incurred durtru: the term cal this agreement, It'no %Aronl
vei to send the required
has been performed during that montli. or if the SI]BRECIPIENT is not . prepared
back-up. a SO invoice will he required. Explanation-, will be required if two consecutive months oi'S() involccs
v-ork progresses but, not
are submittec. Payments shall be, made to the SUBRECIPIEN71 when requested as
more ffequentlN, than once per month, Rcimbursement will not occur if Subrecipleni falls to) perform tile
ices are due no later than 90 days after the end
minimum ievel of service required by this agreement. Final invoi
ref' the agreement, W`o& performed durini-, the term ref. the: program but not invoiced within 90 days without
written except . tot) trom the Grant Coordinator will not be reimbursed. No pat -meni will be made until approvec
h\ HI-IVS for grant compliance and adherence to an-, and all app! cablic i(I✓al. state or I uderal requirements.
F torim
Pavmeni will 1� made upon receipt of a properiN completed, invoice and in compliance with I b,70- I—
Statutes. ()themvi.w known as the -Local Gov=rnent Prompt Payment Ac,,.-
The Following Table Details the Payment Schedule
;-ment Deliverable
Environmental Review'
in
.frastructure
Conoruction
fishitai tor llurnami} (it C-ollicr Coun!?. Inc
2011-2014 "I"DR(I I �'
C,DkG1'-03j
Schedule
• Submission of monthl,%,
invoices on AIA G702-1092
form (,attached as Exhibit
-G") or equivalent document
per comractor*s Schedule of
Values, check stubs. bank-
statements and any other
additional documentation W,
requested.
• Final I 0"t') ($50.000) released
upon delivered completed
Environmental Revie%\-, and
final hene►cian information
for all househoids served.
Page 4 of 3'
Packet Page -582-
Submission Schedule
0 Monthf\
4 Final, Dehver\
1/28/2014 16.D.12.
The Following Table Details the Project Deliverahtes
Program Deliverable Deiiverawt, Supi-mrting Submissiou Schedulc
Documentatioln
Special
A i..xranl (_,ondition, flobc'e�, llohcle,� as smte i in tilt, agreemew 1'rinr te, itic di,,Oluriernew ofjund�
fSecuou I.A.., i
lniuraru:v Flxhii)k A 1'rior to tht: disnurs-emeni w l'unil" alic
annuath, thereafter until i(l, a]-
L111"' Au parceis in phalt 7 --k("
5 _ta_i1t_J11r_o e_cTSc_ficduic Proiect Sc-hedui : V ithin 60 djv,�, o t Atreeniew
9
-ST' -in tc Bid,
rc�ieei Pia And Specifications Lnzin= I V Nan., Prior to invitam
itivitation tee Hid Sealed Bid Document, Prior it) Inviunion it) Bid
Submission oll'Exhibii 1) F. IaiEait 1) Quarterl\ and Annuafi�, thereafter unti-
Hnancia. and Comphanct, Audit Exhibit 1 Annually 1, 80 daNs titter 1 Y end
nue X _Wiou Continued Allidavii Annualh UT161 '018
Cont 1 0 st-
Priwraw fiwonu Rcust- Nar
Tit- 11 appWVCd h-, tfiV C OUTTV, Annua.fi% untJ'..-01�
IV. NOTICES
Notices required b%- this Agreement shall be in xc°ntiru(_, and delivered via mail kpostap., prepaid),
commercial courieAr, or personal defiven- or sent by facsimile or other ciel-tronic means, Any notice delivered or
sent as aforesaid shall iv effective or the date o" defiver\ or sending. AU notice's and other \VrittC11
communications under this AgTtement shall be addressed to the individuals in the capacities indicated, beiokr .
unies., other ise modified by subsequent \witien notice.
W1 1 1)
C'X
N I A' `l NTION- Gino Santabarbara. Ceram C,00rdinaLtr,
30 F Tamiami I rail. Suitc 211
Naples. Florida 41 12
23()-252-2?99
CyinoSantabarbara!ii.cc,)Iiiert-,o\,.nc*.,
S1'BRECIPIEN-1 A*FM),,'7I0N: Nick Kouiohera.s
—Executivv V.11. of land Drvelopmert,
Hab,itat tor HunwitN of Coif Count\. im:,
11 14� 'I amiami Trail L.
Naples- Fl. 34113
'139-775-00.36
nLouloheras; ilt�hl'ncollier.com
V. ADDITIONAL CONDITIONS AND COMPENSATION
'Me parties acknowied-c thzr.. the Funds oriu'naLe from CDB(; grant funds from HU1.) and mus,, hc
t
impienil-nied in full compliance vvith all o 1-11 1)'s rules and reguianons and any agreernew between
and HUD governing CDI-Ki funds pertaining I
to this Agreement. in th- event of'curtaiiinew or non-productl0r,
of sitid federal funds. the financial sources necessary to continue to pay the S[JBRF_,CIPIE'1,.J all or, an-, Portions
oftlic fund,,;, -will no,. he available. In that event. the C'01k,7NVTY may terminate: this Agreemen-1. wnich tcrininatl0p,
, i'
flabadi for Hwnariri,� w , ell er Count%, im,
,W,
Pam" 5 of_12
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1/28/2014 16.D.12.
sf,,ali ne ef1'ective as of the date tha, it is cietermined the Count% %,Mariaper cr 61signel. III h's-het- sole'
discretion and ludamcm that the funds, are no longer available. in the event oi' such termination. the
Sl,,',BRf--( IP11N11 agrees that 1,, will; not look iu. nor seel, to 11(ild the COUNTY. nor an,, individual member of
the CouniN Commissioners and to, tht, nerf mmanct: o" this
Lj!, Count-,
unde, tht: term-,�
A.u,reernent. and the COUNTY shal' be rei=se�d from an,,, hirther liabli t,� to SL
of this Aureement.
VI. GENERAL CONDITION'S
A. SUBCONTRACTS
No Par? I LIT thow o tile
o4' this .-�- eemen, mw, bt� assigned or subcontracted I the written consent
COU'NTY. which consent. if given at all. shall be at the ('0tNTY',, suit: discrei on and judgment.
B. GENERAL. COMPLIANCF,
The SUBRECIMENT agrees to compis witi-, the requlrernem, of Tiflt7 24 (),v th,,- Code of Federal
I uulatiom,. Pan i70 (the U.- , llousiml and Urban Dveeveioprnen- regulations coneemim: (.."ornmunity
tons. except
Development Block Grams (CDBG)) including subpart K w tii,-s-- rcglulat' that ;I i tllv
570.00A
S U� BRI"'Cl III ENT' does not assume the Mciptent's environmenut! responsibilities described in 224 CFR
I , the rtvwx� process
assume the recipients responsibiliT% for in iiatim-
and �'_) the SUBRECIPIENT does not
under the provisions of ?=t CFR Ilan 52'. The SUBRECIPIE) 71 also agrees Jo COMPIN with alt other appilcabic
Federal. state and local iaws. regulations. and policies goverrimg the iunds provided under this contract. The
SUBRECIPIEN'T further agrees to utilize funds available under this Agreenicill to supplement rather than
supplant funds otherNklise available-
C. INDEPENDE N-F CON TRACTOR
Nothing contained in this ikt,-reement is intended to. or shall be construed in an manner. as creating or
establishing the relationstilp Of emPl0YcVemPl0Yec beTween the Parties. The SUITBR�PCIPIEN shall a. all tinie4
under this Agreement. The
remain an --independent contractor" with respect it) the services to ht: performer
I r ircmen.
Grantee shall be exempt from paNment of all Unemployment C."ornpens-atiOn. ICA, reii fif and o-
U i., an independent
medical insurance ants Workers" Compensation Insurance. a:,, t SUBRECII IEN
contractor.
D. AMENDMENT'S
The COUNTY or SUBRECIPIENI may amend this Agreement a, alp, time provided that such
amendments make specific reference to this Agreement. and are executed in writing, sianed by a dull
authorized representative of each organization-- and approved b% the Cirantec's gove-mim: bod". S=h
amendmeriLs shall not invalidate this Agreement. nor reneve or release thl- (yramcc or SUBRECIPHEN-1- trotri Its
obligations under this Agreement No amendments to this agreement will be granted ninet-v (90) days prior to
the end date of this agreement.
The C0UN,'r1Y mar, In its discretion. amend this Aureemerit tc, conform Aith 'Federa.'. state or local
governmental euidefines. policies and available funding amounts. or for cutter reasons, U such amendmentS
result in a change in the funding. the scope of services. o,schedule cif the activities to he Undertaken as part ol
itabuat for litimanitA ot,cottiv couni-, Im
Page 6 of 12
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1/28/2014 16.D.12.
lilt, such in oj'fi call 01`1� will h i110C)rPO.110 �\Tltlell, amendment h, th tirante
and St.-BRI-CIPIEN]
L-wiratior, of �(-,recmem.: I� the jo,�,, no coinvil-t"2 the nrolec! withl,-. ih4ttmL* f)C1710U.
to ('0U�<I-N Man a-;-- or designet: mill sut)ie,--,, it) Cl_ re,,-,uia,,Ioll.-,. Lyran, 1- cumuiaii%,,,,, tint extension W no
mart: than I go days and modif� am su , h.,&quent pToiecl work plans to relfieCl tile extension. The reques-t must ht.:
submitted nc, later than nin,,,t\- (90) days prior in end date ol'this AE!reemen,..
lo, MNff IC' j,*,%TI ON'
INDEN
'C11 ENT shall and noic'
,le tile maximuni extent permitted h.% I-,iorldu laNN, th-,- Sl,.*BRU� PIE
harmies's ('011ler C"ountx. Its officer.,. agents and employees I I rom an-, and all ciaims. habilitles. damages. losses.
art b
costs. ancl causes of action wi-tich ina\ se out of ail act. omission. Including. but not ilmited I(,, rcas o ia
' tees and paralegals' flees. to the exten-, -
attorneys caused I),. III-, neoffir-nCe. reckiessncsa. or intentionali•
"I or an% of it,,z aueritt, officers. sen�aliis, employees. contractor.,.
%NTon- W! conduct of the SUBPd-CIPIEN
patrons. guests. clients, licensees. invitees. or any persons acting unaer the direcuon. controi. o-, supervision of
the StJ13l1,FC'IPIF,--N'1 in, the I)--i-formance of this ALlreeme-m.. This. inderrinificallou, obilgatiou shall n0' he
construed to riczat,:. abriduc or reduce am other rlghu� or remedies which ot*ncr\,,isc mill. N: availabi- lk, an
indemnified pan\ or person described in this paragraph. The StjMJ1'.C'1 1111:\ I shall pat all cialms and iosses of
anti nature vvilatsoever in connection therewith, and shal', de-fend all suits in the name of the C 0UN7Y and shalt
pa) all costs (Includim, attorne-N's feed and judgments which mat Issue thereon. Thl,, Indemnification shall
survive the termination andlior expiration ol� this Aareement. This section does no, pertain, to an*, inciciew
arising: from the sole negligence of C*.OII'CT Count',. I'lie foregoing shall not constitute a waive,
of' sovereign Immunity bevond tile 11mil's set forth in Section 76 .2,a. P*io•ia'a Statutes. This Section shall sun!lVe
,the expiration of termination of this agreernev.
'ITION!SPONSORSHII'S
,A *TIT IZEC'OGN
Th SUI31U-CIPIDN1 agrees that all I notices. I I pamphlets. press releases. advert! se n w, n t s.
descriptions o" the sponsorships of the Prograir" research reports and similar public notices prepared and
released bN the SUI3R1-,ClPI`-'NT for. on bchalfo '. and or about the P'rogTam shall include the statement
"FINANCED BY I ' '.S. DEPARTMENT OF HOUSINC AND URBAN DEVELOPMENT
(HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
DE11"ARTMEN7'"
anc! shall appear in the same size !-liters or type as th,• narnt- of thc SL�BRECH)JI:-NM - Thls d.esipl, concent . i:,
L- . PO -unit,,
intended to disseminate k-eN information reaarding, the development ican-1 as well as Equal Housing On rt
to the general public. Construction signs shall compl% with appilcabit, C()U'N-l1*',,' codes.
T �'I'S �okND TDZAMI'v-�M()-N
DEI- I -,M i�:D I P
In accordanct. with 24 CHZ 95.4 3, this A.-regiment ma\ aiso bc terminated Ielr convenience h', either the
Grantee or the SUBIt"ECIP IENT. ]I, vvhoic OT in nart. hy settim:, I oni-, the ruasons for SUCh termination. the
ive date. and. in the case or partial terminations. th,: portion to . hv terminated. Howcvfr. ii in Inc Ca,,,--.v of a
-amw iurnwvt% of coliter (,ount', - Im.
i,--DBG 1 "0',
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na-tlal tcrmination. .he Oranwc determinci tha*. tjit- remainim Portion 01 tric zl,�turd will no accomphsi; thi:
I -
purpose for which the award was made, the Orrantefl, may terminate the award in its entiretN,.
llo*A1 I I i shall - (I I
i � 11 und— this
Tht7 io `m: an'ons i- inaction. h% St shall co consaliulL� t� 1)-, u
Azreenlem
Failure to comply with an% of the rules. regulations o, provision, referred to hereli-1. o, such
statutes, regulations, executive orders. and W,71) utildehries. noiiciLs or directives as mm
become applicable at arN time:
reason. of in- SUB1-,'ECl1-1IEN1 to fulfill ill 1l. timeik ant: moper mariner its
railurt. for and I -
oblivations under this Agreemerit:
Inefiective or improper use offunds provided under this Agreemcnt; or
'i
Submission by the SUBItECIPIEN"I'to the Grantee mWrts that are incorrect or incomplete in
anx- material resnect.
Submission bN the SUBRECIPIEN1 of any raise certitication.,
6. Failure to mateniall\ comp l-,,. with anN terms. of this Agretement. and
i. Failure to materially comply Nkrith the terms of
any other agreement between the CountN, and
the SUIBRECIPIHN'T relating, to the prolect.
In the event of any default is SUTBRECIPIENI under this Agreement. the Count% ma,% seek an%
combination of one or more of I the foliowinic, remedies'.
I. Require specific performanec of the Agreement. in whole or in part:
2. Require the wse of or change in professional property management.
3
�1. Ikequire immediate repayment tip SUTBRECIPIENT to the Count, of at CDBG iunds
SUBRECIPIENT has received under this Agreement'.
4. Appl\ sanctions set forth in 24 CFR, 92, if` determined bNr the County to b--- at) ficabic'.
5. Stop all paymenu, until identified defici-encies art: corrected.,
6. Terminate this Agreement b,, giving written notice to SUBRECIPIEN-1, of such termination
. r,
and specifying the effective date cif` such termination. 11" the Agreement is terminated by the
County as provided herein. Si BF-ECIPIEN-T shall have ne claim of payment or claim of
benefit for any incomplete pro.lect activities undertaken under this Agreement.
I fablial fil- I 41111wutl� of Collier (Duna. JILL:,
20 13-2014 CDBO (COBO 1 -03,
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VII. REVERSION' OF ASSETS
Ii: (11' UPOU _IXTIIrallor* 0: 111*1- Asir-,liwn: an v) addmol iti
-men, - a,, lay. o-, 1. 1
Azrec o� in,,
an:• and a*: othe remedle., avaiijat)W it, the COL'o" h
"FY any lund�, ot,� hand at thc Illn - terminal
S"IBRI��CHIIF\ �;hul i I niliechatel Haan tier to the COL" I(M 40t
Lxplmtlow� am: a,.,..% accounts recelvab►t attrihutabic to the use ol'C'DBG lun&nL-T 24 CFR
-)n shall no,, waivt: IM, ("01 NT)*s
recelot 01 are, stands on hand at the time of terminatit
n ht, mor excum: SU FCEH IEINI'� o6lizationi to recoup all' or any ponion o! the funds_. ass tho'-
L �BRFC
maN deem necessarN,
i isle 11 in L*�J- suoje"n
it, equipment acquirej h-, St'BRFCl?lEN"lj' shall vc-s- e SUBRECINT"!\ t slat.
coll.1011,s outilned in 24
nd CHIZI 84.-,-;.
1"Itit' W supplies and other expendable propeen%, shall vest with thc SUBRE'CIPIENI upon acquisition
sublec7 to the: conditions outlined in 24 CFR
VIM INSURANCE
SL, BRIF,C]PILN't shall not commenct ana work andior services pursuant to tht,., Apreernew until all
insurance reauirct uncler this Section and outllneL' in Exhibit "A" Ilas hecii obtairteci. and carried. at al' times
durin- its prtornianct.
r
IX. ADMINISTR-AML REQUIRU-NMENTS
- T
1NAN11N 'TION 01' RECORDS
il • st'14KI-�C1131i:"" I shall maintain suffic'en- records in accordance with 24 C'FR, '7 {?. . (.'I- an
to determine compliance with the mquiremeriLs oi'this Agreement. the CI; BG Program and all other an
ia%&:s and regulations. Th_ ing,
is docum-niation shall 'nciudc. but not bt: i led, to, th- 16hoAO -
B. DOCI.JNVIENTATION PkNDRECORDKEEPINO
AN records required 6% CDBC'.
S WO'CIPIENIF shat' keep and maintain public records than ordinard-, and necessaril,� would he
U ,, 1. 1
' ; COV � I
require(. � K7"-' 'n order to Tycribrni the senicc'
Ali reports, plans, Surlvevh. Information. documents. maps. hwks, records and other daw
Procedure, dev'riom-1. prepared, assembled, oi- completed h\, the SUBRF.-.,ClPIFNT fol the
purros_ o' this AvTcernew Shall hL' made avaiiabit. to the ('01 Nn' by the SVBRF,CIT'lF\I- at
an w tillic upor, rcouest n\ the COUNTY Or HHVS, Materials identified In the previous sentence
shall bt: it, act orcianct- with generuli\ accepted acco t' le.. pr cedures and practices.
un i n- p s o
rincip,
vvhicil sufficlentii anc: T)ror)---ri\ rcfi-,ct all, revenues an6 expenditures of fund,., provided din_-cti�
01' indirecti% tai this ALreenterii. inciudim, mat hint, junds and Pnvrarn income. These recordis
shall sac' maintained to thc extent of'sucF detail as will I)ro" Jy refiect all net costs, direct and
indireci ano,'. matertiais. equipment, -supplies and services. and other costs and expenses of
whatever nature io- vvnich reirnhuniement is --iatmed under the provislons of this Agreement,
!'tbltz' tl!.- Hut
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tj I - contemplated under, this Ag-Teement copies ol'all documents and
4. Pon' completion all work
records relatint: tv, thlv>_ Agrecment shall be surrendered to HHVS ii` requested. In an.• event the
I N I
St'BRECITMIEN" Jo:unient;, and records w at', order!\ i]asiilori Ur, readfl%
accessible. permanew an" secured locati(Ij-, fo- i,()u!- ti ears after tht date of slibmissioll 0*1 tnC
01 1 vinL
annual periormance and evaluation report, as prescribed in 2 CFT ')l 52( with the J' 1( \ ' _,
I i -Npiration date of the lour (4) ,--ear
exception if an%- litigation. claim OT audit is started betbre the 1, 1
i litivation. cr audit findings invoivinl viese
in,- records \vill be maintained until al. lain o
records art: resolved. The COUNTY shall be informed in writlniz� If an aLeiic\- ceases to exisi
after closeout oi'this Agreement, ol"the address where the records are to he kept as outlined in 24
(T]", 85,42. Meet all requirements for retaininf, public records and transier, at no cast. to,
COL ' "M' all public record, in possession cif` the SUBRECIPIENT upon termination of the
r o I c 1 an exe pt
contract and destroy any duplicate public records that are exempt o -, nfd ntia and in
from public records disclosure requirements. All records stored etecironicall\ must be provided
to the COUNTY in a format that Is compatible with the information technolog5 , systems 0"' the
public agency.
ST 'BRECIPIEN7 maintain= - I -Bacon Lax,-
recor& showinp. compliance with the Dav s
including fiies containing contractor payrolls. employee interviews, Davis-Bacon wag-, rate,,i, and
administrative cr cuss -re l , crencIng. SUBRECIVIEN'l shall maintain records showing contractor
compliance with the Contract Work Hours, and Wort, Safety La-vk- SimilarlN. the
SUTBRECIPIENT shall mainLair records showing compliance with federal purchasin-
requirements and with other i'edcral requirements for grant implementation.
b. I St. income ehil"ibie
'he ;BRECIPIENI will be responsible for the creation and maintenance ot'in rn
T
files on clients HI
served and documentation that all households art eligible under JD income
(juldchnes. The St"BRECIPIEN1 agree., that HHVS shall Ibc the final arbiter on the
St BIUHC1111ENT's compliance.
The SUBRECIPIENT shall document hov, the National Objectiveis) as defined in 24 CFI(
_570.208 and the eiigibitaN requirement(s, under which fundini: has b=n received. have been
met. Thesc also include special requirements such as necessan- and appropriate determinations
as defined in 24 CFR 570.209. income certification. and "Alnittep, Agreemenu, with beneficiaries.
where applicable,
S. SUBRECIPIEN1 shall provide the public with access to public records on the same terms and
conditions that the public agenc-, would provide the records and at a cost that does not exceed
T
the cost provided in this chapter or as otherwise provided by law S
. UIBRECIPIENT shall ensure
that public records that are exempt or confidential and exempt from. public records disclosure
requirements are not di.sciosed except as authorized by ImN',
C. REPOWI'S AND PVALU,�TIONS (MONITORINO')
keimbursement maN be continven, on the tiniel,, receipt ol"compiete, and accurate reports required, bN
this ALreemem. anc can the resolution of monitorinta findina.,, idenuitec pursuant w this AL1r__-M,:n1 a-� deemed
necessary by the Count- Manager or designee.
During the terrn, S[ shall subrnit quarterly progress reports to the COUNTY on the I
flahita" Wr HUnWIlt" klf'(_wOfitff COUM , h1L
2;11 Cl)tlo 1 (111161 *�4)3.
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ciao. ot JanuarN. April. July and Octobe, respectivelN !'or thc, prior quarter period enci. As pan, ot dit: nenon
submitted in October, the SUB ECIPIENT also agrees to include. a comprehensive final rePorl C(Werinf; the
agreecl-upor Program oblective,, activities and expenditures anti including. but not limited to. uail:i
1'en- C -1 , I r
(T �: i i I edb6�- vv'th respect io tht: ooahs and ohicctivcs forth in Exhibit "D**. Lxhibit "D- contal'Th- arll
cxanipi reporting i*orm it, bl- used in t'Llifilimcint of this requirement- Other, reporting, requirements mat. M:
r,,- Li u 1 r,-- C m th,, Couriv, -`vlana--er or their delsi-n,,:c in the 1-vew, L01' Proaran- than -os: the, n=04 lbi adjaionai
itilorniatior, o, documentation arises. andior legisia-tivc amendments are Cnacted. Reports and requested
docurrientailov not received b\ the due date shall 6c considered delinquent and rna8 b,, caus4 ]or del uli and
termination ol'this Agreement.
D T
arin,-, the term, SUBR-EC1V1EN1 shall submit an annual audit monitoring report tLxhibit E) to teas:
COUNTY rit, later than 180 days after the SLTBRECIPIEN'T fiscal ycaar end. The C01!NTY will conduct w-.
annual financlai and, programmatic reVICM.
The SI-17BRECIPIENT aerecs that RHVS rill cam out no less than one (1) annual on -site monitoring
visit and evaluation activities as determined necessary. At the COU'N: TY's discretion. a desk top reviev, ol'the
activities ma% be Conducted in lietl cal an on-site visit. The continuation {fit this Aurcenten'. is dependent upon
satist'actor,, evaluations. In,-: SUBRMPIENT shall, upt)n the recit►est of 1-IFTN'S, submit Int-ormation and status
reports required b\ or HL,71) it) enable HHVS to Cvatuail- said progress and to afiov ibr ComNetion 01
on
reports required, The SUIRRECIPIFNIJ shall alkm 1.1H 'S or HUD it., monitor the SUBREC1131 PiN SM
1-,Uch site v1sit's ma", be Scheduled or unscheduled as determined b-, HM- Scar MT
i
D ADDITIONAL HOUSING. It AI AND VETERAN SERVICES, COUNTY. AND IJUD
REQUIREN11-I'NT'S,
The SUBRECIIIIENT agrees to utilize fund: available under titis Agreement to supplement rather- than
.supplant fusels unds othen-vist: avaiiabie i'or specified activities,
f:-
I., PL CFIASIN(l
Al] purchasing for services and goods. in .hiding capital equipment. shall, be made by purchase order or
h,, a vvTitteri contract and in conformit\ with the thresholds of the Collier County Purchasing, Policy
Purchasint- Threshold Poiic,,
Dollar Ranee (S)
!,^ride S3K t Written Quote
A V
bo I " S. to 3 V'ritien Quotes_
Above S K 7-1C=—uest for Proposal (RI-11)
Invitation for Bid (IFB)
A(JDITS AND INSPECTION'S
At any time during, normal business hours and as often as the COUNTY ( andjoT its representatives I MB%
decyr, necessary. the SU'RRECIPIENll' shall make available all reconds, documentation and am other death
relatins-, to all matters covered by the A- cre ment for review. inspecti
on or audit.
(i PRO(iRANMJ-GENElta %TED INMX41'
An,, Progran,, incorriv- (--,; sLUi. terrn, 1s. defined under applicable TF'cderal
re- ulationsi owneel train an%
lo- Hurnwilt" W Colhcr (,oull;, 111c
-
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of tile SUBI CIPILNI' funded b%, CDBG funds shall be reported to the COUIVM throu,_,h an annual
program income re-use plan. utilized bN the SUBRECIPIENJ and shall be in compliance with 24 CTR
5770 503t ;c i ira the operation of the Program,
11 (4RANI'CL0SFI0UI* PRC)CEDUMES
SUBRE'CIPIENNT's obligation to tile C()U\TY shall not end until all closeout reauircments art!
completed, Activities during this closeout period shall include. but not he firnited to: mak-Int., final payments'.
disposing. oil prograim assets i includiriv tile return tit all unused materials. equipment. pro income baiances.
i, accounts to the COUNII-Yj. and det.ermininL the custojiansilm o! records. lr,., addItion to th-:
and recelvah -
records retention outlined in Section IX.B,4. the SIJBRFCIJIIEN",_ shall complN with Section 1 119.0,21 Flon'da
Statutes reL,,urdIn_ records maintenance, preservation and retention. A conflict between state and federal iaNN
records retention requirements will result in the more strinuen, ia%A being applied sucii that the record must bl:
held for the longer duration. AnN balance ()if' unobligmed funds which have heeii advanced of paid must be
returned te, the COUNTY. Anti 'funds paid in excess of the amount to which the SUJBRFCIPIEN,7TY is entitled
under the terms and conditions of this Aureement must be refunded io the COUINTY. SUBRECIPIF-'N"T shall
also produce records mid information that compi les with Section 2 15, -Q7. Florida Single Audi! Act.
X. OTHER PROGRAM REQUIREMENTS
A. 04") P0RIq_-'N ITTE S FOR l�SII._)EN,rS AND CIVIL RIGITIrS CONMI)LIAINCLI
e I .
The St.*,BRFCIPIE',NJ' agrees that no person shall be excluded from the benefit.,; of or he sub ' jectcd to.
discrimination under an-, activaN carried out b-,. the performance of this Agreement on the basis of race- color,
dlsabilii\:. national on-in, religion. aut. familial status. or sex. Upon receipt of evidenct, of such discrimination, o-,
the COUNTY shal) have the right, to terminate this Agreement.
I'o the greatest extent feasible, ho-wer-income residents of the pro�ject areas shall be given, opportunities
for training an employment.- and to the greatest feasible extent eligible business concerns located In or owned
in substantial pan by mrsons residing in the project areas shall be awarded contracts in connection with tht
prqject. I"he SUBRECIPIENI shall comply with Section 3 of the Housing and Community Deveiopment Act of'
19W
B. OPPOR11)"NUTIES FOR SMALL AND MrNORM"WOMENN-OWNED BUSINE'SS
ENTERPRISES
`I-he SUBRECIPIEN"T" will use Its best efft)ms toy afford small businesses. minority business enterprises.
and women `s business enterprises the maximum practicable opportunity to participate in the performance of this i
contract. As used in this contraci- the terms small business" means a business that meets the criteria Set forth n
21, and -'rilinciritv and women*s busines�,
secilun .eta) of' the Small Business Act. as amended 05 U.S.C. 633_�
-;;I i perceni owmed and controlied b\ mineriv, group members or
-enterprise means a business at least flft,, -one t.,
women. For the purpose of this definition, --minorim group members'.
em I t)cr,, '. are AfruAmencans. Spanish - speaking.
`Spanish surnamed or Spanish-hernage Amencans. Asian-Americam, and American indlans. The
Si ,-BRECITILFINI may rely on a \,Tittzrt representations by businesses rcuardine their status as minority and
female business enterprises in lieu o' are independent investigation.
C, PROGRAM BENEFICIARIF'S
hat'nal iv- VlUqMjIIlti ix Collicr counl%, lm��
till ?tl CDW D116
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mus: %
At leas: fift\ -one perc,lvk �,.; i ,�,o of ;; profit --.- lurl&-6 Wrouzi I'
lov - and moderate- income persons, 11' the project is iocaLed in an -entitlement clt%. as dedined, rV, ITUD. o-
crvcs be-neficlarles countywide. more than thirt:, perceent 113Mo of the hcneilciarle,,�- direcfi, asiste6 under thV;
111, 0: Ill. mu i r f Ilt!
:Surecrnt:n*, musi resluL� in unincorporateJ Collie- Cou- n1--itialim'- tiarti�:inatin;-' ounl,,
T abov,1- w- Inc. tiniv ocrioc!
U-Tbarl county Quailfication Program. The prolect shall assis', bencoficlaries a�, definec,
U,Cslanated in '-�Ahihjt of this Av-reemcnt.
D.
I I �
The SUIBRECIPIENT azrees that it shall be cjornrmlie�J, to cam out pursuant to tht� ('01-7,N' V'- ,
specifications an Affirniative Action Program in Keepiniz, 4k-rith ffic pr1ricipt-I'4 as T.1130vide"i In, llrcsidew s
Exect.itivc Ord°c�r 11246 of September 2-1. 1966. "Die COUNNTY shall providt: AffirrTiativc Action guldeiine!�, I(,
f "' shal' submil, �i pian iol
the SUBRECIPIE"NT-1 W WSISI In the formulation W such program, Th-- SUBRECIPIEN I i
an Affirri-milve Action Program for approvaJ prior to the award offund's. Th.- Affirmative, Action v3 il' nceJ I(, arc
updated throughout the five year period and submitted to Counn� within 30 days Of update!modiiicaijort.
-ONFI-IC-1 OY FNTEREST
The SUBRECIPIEN'l- covenants that no person under its empla,N who presentIN exercises any fullf-110M
or responsibilities in connection with the Prqject. has any personal financlai lnt:erest, direct or indirect. in t1w
Proicei areas or any parceis, therein. which would conflict in any manner or degree Mith the perforit-trance of this
Agreement and that no person having any conflict. of` interest shal he eMViO\-ed hl OT subc-ontracieu h-% tht:
SUBRECIPMNT. The SUBKECIPHE NT covet is that it will comply with all provisions of .24 C171\' �7
-Conflici of Interest*'. and the Stair and County statutes. regulations. ordinance (,I,- resolution.', Ljo,"Ierniffil
of inte 1`1
conflicts ofinleTC.S1. Any possible conflict resionthepa. ofth.c SUBRECII IEN-,'o,'1sr.-mploYees shall
bc disclosed in writing to HHVS provided. however. that this paragraph shall be interpreted in such , manner so
as not it) unreasonab[N impede the statutory requirement that maximum opportunit% bt: proN,ioec, I I o!
empioyment ofand participation of, io-v\ and mOderate-incorne residents • of the prqieci target areL.
The SliBRUCIPIENl will noTif the CotTNTY in w-ritinL and seek COU NTY approval prior to entenn,(
into an\ contract with an critity owned in whole or in pan b\ a covered person or an entiv, ()wried o-1 controlled
In whoic or in part, b\ the SUBRECIPIEN-1. The (`OLTN7Y ma,,, review the proposed contra w lensure that
the contractor Is qualified and that the costs are reasonable. Approval of an Identity of intercsi contract wIli t"1111,
in the COUNTY's sole discretion. This provision is not intended to Ili-nit SURRMPIEN'l-s ability to self-
manage the projects using Its O"T., employees. Am' Tx)ssinte Contlici of interes or the tyalri time
SUBRECIPIENT Or its -Impioy"s shall be disclosed in writing it, HHVS provided. that thi:
paragraph shall he interpreted in such a manner so an not iv unreasonably impel tiw statutory, retiuiremcni that
Maximum oppoi-tunlN he provided for enipjoyment of and participation. of ' 1(-,kx ant mode-ral,-, inconic r; sideDt,-
of the prqlect target area.
X1. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDB(j funds nim- he used bv rello'ous orLy 'zat' , ert,
t1l WU IOTIS Or On prop owned b�. rlzlh,-,jow� or-anizatiom
oni\ in accordance with requirements set in SC-CUOT1 24 CFR 570.2000 1, The SUBl'"Ll-C11111-ENT snarl compl',
With i, irs, Arriendmem Church. State principles as follows:
I lahnal lor 1- IUUIM,111, of C 0111cr IC ounrA, im.
''l:1 -2014 CD146 i C'DBO 13-03,
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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.
c. It will retain its independence from Federal, State and local governments and may continue to carry
out its mission, including the definition, practice and expression of its religious beliefs, provided that
it does not use direct CDBG funds to support any inherently religious activities, such as worship,
religious instruction or proselytizing.
d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the
extent that those structures are used for inherently religious activities. Where a structure is used for
both eligible and inherently religious activities. CDBG funds may not exceed the cost of those
portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in
accordance with the cost accounting requirements applicable to CDBG funds in this part.
Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal
place of worship, however, are ineligible for CDBG funded improvements.
Xll. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
(Signature Page to Follow)
Habitat for i lurnanity of Collier count}. Inc.
2013 -2014 CDBG (CDBG 13-03)
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IN WITNESS WHEREOF. thl- Sub rucinient andtfic County. have each, -respecilvel�, b-, w,. auihorize6 persor,
or agent. hereunder set their hands and. scais on the date first 1written above.
BOARD OF COI-NIN COMMISSIONERS OF
I I -LORIDA
DWIGH'I'L. BROCK, CLERK COLLIER COUNTY. T
—A —HILLER–E—SQ—C-f-i
Daie&
HABri'A*f FOR HUMANITY OF ('01-1-1ER
C01 'N-TY. ININC.
i3hila( for Filinkulit'. of CONIC, Coullt-N, Im
2011-2014 CIN �6 (ClAAGLI-03i
Nick k.ouloheras
Executive V.P. o' Land Deveiopment tor Habita,
for Humanit-, ofColiler Counn. In,-.
Approved as to form and ler-al sufficiency*
Jenniie-r A, Beipedio
assistant Counv� Attome-,
Da re T of 32'
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EXHIBIT -A"
INSURANCE REQUIRFMENTS
J-he StJl3RF.'C11' 11:\1- shall furnish to Collier CounIN . c,,o Housinla. Human and Veteran Service,",
Derartment. 1339 L. I amiaml I rail. Suitt 11, Napies. Florida 341112. Certiiicaicis) of` insurance evidenclr[14
De
insurance coveragyc that meeV, the requirements as outlined I lo\N
Workers* Compensation as required by Chapter 440. Fiorida Slalule -s.
-led ope rations insurance in the
Commercial General Liabilit\ includiriv products and comple
amount of $1,()(3().()()() Per occurrence and S21.000.000 aggregate. Collier Count\ must be shown
as an additional insured with respect to this coverage.
vehicles used In
all oned. non-m-Nmed and hired
Automobile L abilin Insuran, V covering w
connection with this, contract In an amount not ies,, than S' .t)(tt).() )(i combined single "mit for
combined Budii-, iniur� and Pronert-, DdmaLc. ('ollict. Count\, shall b,,: named a!, an additional
insured.
DE'SiLiN $1 AG", OF APPL,WfkBLF� -ded x
!I,, addition to the insurancL� required In I Certificate of Insurance MUS! he pre►
foliow,s:
Y. Professionai l.iahilit
insurance in the name of the fit. BRECIPIENT (it the licensed design
professional empjovcd b-, the SUBRECIPIENT in an amount no-, less, than S1.000.000 Per
for all sums which the SUBRECIPIEN1 and/or the
occurrence.'$ 1,000.000 aggregate provi r I I
Pad' as damages for claims arising, ou*, of
do professional shall become iegall-, obligated U-1 P
UPIEN person emploved bY the
the services performed by the SUBRE .7 or an. -rson - a
sUBRf- - I � is contract. e maintained it
3r connection "ith Ill' Fhis insurance shall h
an -- Is Issued- Collier, County shall be
period of two (2 ;1 years after the certificate of Occul) c,
named as an addifiomi insured.
CONSTRU',110\ PHASI, (if APPLICABLE.) iii,
]I-, addition Io the insurance required In i above. the SIUBRECIPE - IN'l shall provide or cause ariv
' i i 1 11 1 ng
Subcontractors to proviac original certil sates indicati the folioNVIng type" ot insurance coverage prior to
c0listruclion.
-All Iii k" basis In an amount not less than one
('ornpict-to Vaiuc Builder's: Risk insurance on all
hundred t 100% � percent of the Insurable Vaiu-, ofthe building(s) or struc turc(si. T he policy shall
he in the name (A Collier Count� and the SUJ3J-,Cl11lEN-1
iumanaN (It f Ojilrr Cuuntl�, in:
2013-201-1 (1)1�6 Paerc It,
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1/28/2014 16.D.12.
4- 7
It, accord m: �,;tli th,, requiremenu, of the Fiom] Dlsasicr Protection 01
400 i 'I. the Subrecipient shall assure that tbr activities located in an area identified h\ Tht, Federai
-1 L Speci, � I _UraT1'%:
EmergenC,, Nlan4yernent Agency -ENVI-4, I as fiood hazards. P100d U11,
k�� an,- fitIOT'
Ullatr th;: *\atjonai� Flom' Insuranct: mainta-mcd a'- cond 0'
1 1()11()rconStru ton purT)Lise,,tin,';iuciinLrefiab:jiitaLioTii-
unanc a! a:sistancx jor acuu sit' ct
PHAS' (F APPIACA111U-1
-after the Construction Phase is completed an" OCCUT)ancN begins. the folioN\ino insurance must he kep,,
IT) fOTCe throu-hou,k the duration of the loan andior con Mvcll:
W orkers' -hapier 40. Floda ri Sraiuie�,.
Compensation as required b\ 4
L'� I
Commercial Ciencra, abilit:y , inCiuding products and compieted operations insuraricc ire the
amount of S1.000.000 per occurrence and S22.000,000 agare ate . Collier County mus, be shoVAT!
as an additic na! insured with respect to this coverage.
F I e-eh'cle�� used it.
Autornobiie Liabiht� insurancc coverino all owned, riot t-ownedl and hired \ I
connection writh this contract in an amount not less than S1.0 ftl,00( cOmbin' sing - limit iO•
combined Bodily Injur-% and ProperiN Darnazt. Coliter County as an additional insured.
I - . 1)
rupe,-IN Insurance ccoveraul- on ar -All Risk," basis in an amount not les.,., thar one hundred
f *I Oi)%)* of` the replacement cost o f the pTopert Col her County must be shown as a brass , paye-,
with respect to this coverage A.- F.I.M. A.
Flood Insuratic-, coverage for those promrtle,.;, found to be Within a flood hazard zone for the firli
replacement values ofthestructurvs� or the maximum amount of coverage a-,,,aiiabile through tht
National Hood insurance Program (NF]Pi. The poiic� must shook Collier Count\ as a Los_-�
Piave -:
-,WX 107 Huynanw o! ( ofiwr Count%. tniv,
Patae 17 ()1'3*-'
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EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION 1: REOUEST FOR PAYMENT
Sub recipient Name: Habitat For Humanity of Collier County Inc
Sub recipient Address:
Project Name: Environmental Review and Infrastructure Construction
Project No: Payment Request #
Dollar Amount Requested: $ Date
Period of Availability: 1 /14/14 — 12131/14
SECTION 11: STATUS OF FUNDS
1. Grant Amount Awarded
2. Sum of Past Claims Paid on this Account
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
5. Amount of Today's Request
$ $500.000
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests) $
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have
been followed.
Signature Date
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
Habitat rt, Humanity of civiiier count,., Inc.
2013 -2014 C'1)BG (C'I)BG 13 -031
(approval authority under $14,999)
(approval required $15.000 and above)
Page 18 of 32
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EXHIBIT "C"
RELEASE AND AFFIDAVIT FORM
The SUBRECIPIENT certifies for itself and its contractors, subcontractors, vendors, successors and
assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY
might be sued or for which a lien. or. a demand against any payment bond might be filed,.have been satisfied and
paid.
This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final) Request
for Payment.
HABITAT FOR HUMANITY OF COLLIER
COUNTY, INC.
Witness:
BY
Print name and title
STATE OF
COUNTY OF
lnmm
[TS:
DATE:
The foregoing instrument was acknowledged before me this day of . 20_, by
as of
A Choose Not - For - Profit, or Corporation or Municipality on behalf of
Choose Not - For - Profit, Corporation or Municipality . He /She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
I labitat for l lumanit% of Collier Count. Inc.
2013 -2014 CDIK; WINK; 13-03)
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
Page 19 of 32
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EXHIBIT "D"
QUARTERLY PROGRESS REPORT
Sub- recipients: Please fill in the following shaded areas of the report
Agency Name: Habitat for Humanity of Collier County. Inc.
Project Title: Environmental Review and Infrastructure Construction
Program Contact:
Telephone Number:
1/28/2014 16.D.12.
Date:
Alternate
Contact:
*REPORT FOR QUARTER ENDING: (check one that applies to the
03131!14 ❑ 06136114 C] El 9130!13 ❑ 1?131114
corresponding grant period):
Please take note: The CDBGIHOMEIESG Program year begins October 1. 2013 - September 30, 2014 Each quarterly report needs to include cumulative
data beginning from the start of the program year October 1. 2013.
Please list the outcome goags) from your approved appiic~ & sub•ascipient agreement and indicate your progress in meeting those
goals since January 14, 2013.
A. Outcome Goals: list the outcome goal(s) from your approved application & sub - recipient agreement. 24CFR 85.42
Outcome 1: Maintain documentation on all households using —
Outcome � , is oi�mplimee
meeting a CDBG'Nati edh,
Outcome 2: Provide quarterly reports on _ .. �,., , • • - .
Outcome 3: Provide Environmental Review Assessment �•,cr:► `;;' '�: l s ..
Outcome 4: Provide Site.Design and Specifications
Outcome 5: Prepare Bid Specifications and Engineer's Cost Wimilte.- •-
Outcome 5: Obtain Sealed Bids and provide procurement docu nentation
Outcome 7: Provide Certified Payroll as requested
Outcome 8: Submit invoices to HHVS for environmental and construction costs
Outcome 9: Provide for a lien on each parcel in the amount of CDBG assistance until the project has completed
construction.
. •oaf,. :,� .l ��• '•.�• •k'
B. Goal Progress: Indicate the progress to date in meeting each outcome goal.
Outcartte 1:
) iabitat I'or Ilumanity of C ollicr Count). Inc.
2013 -201.3 cDBG (C•DBCi13 -03)
Page 20 of- 32
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is this pro►ect still M compliance with tit• a ftlinal project achedule? H more than 2 month W*W sctteduls, must submit a new Urnaline
2. for approval.
O O
Yes No
If no, explain.
f +:. •. = t
3. Since January 14, 2014, of the persons assisted, how many....
a. now have new access (continuing) to this service or benefit?
O
b. now has improved access to this service or benefit?
0
C. now receive a service or benefit that is no longer substandard?
0
TOTAL:
0
4. What funding sources are applied for this period / program gear?
s
s
Section 108 Loan Guarantee -
HOPWA
-
i
$
Other Consolidated Plan Funds
CDBG
-
Other Federal Funds -
ESG
-
`';,'A;
S
State f Local Funds
`•=
HOME
.
Total
S
Entitlement
$
Total Other Funds
Funds
I lahitat for I lumanit� cif Collier Count-,. Inc-
2013-2014 CDBC� ICDBG13 -03)
Page 21 Of` 32
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EXHIBIT "D"
QUARTERLY PROGRESS REPORT
S. What Y the local numbwof UNDUPLICATED r:Mn%Wv" this quarter, M 7
a Total No of 00,11 lawn MSS serves 0 Tow w alanoes served ,tow 1B 0
b. Total w d snA mom serves 0 TMM No of mars served ut0ar 18 0
TOTAL, 0 TOTAL. 0
Q. Tutsi W U trmm e► sa v J Tow No Of tam a as now d nouertad
e. What Is the loW numpe►of UNDUPLICATED CMC M eerred sines t7elsber N bbl
L Tar r""bw of a" Tema" serval 0 Tar ^unbar d Isms" somw UrKw 16 0
p. 70101 rxfm Der a SIw" mars served 0 Taw 'mbar of mars served now 18 0
TOTAL: 0 TOTAL: 0
c. Tart No of famsrs saves 0 Tow No of lamer rtaetr of r,ouser,o"d 0
r•..nyis.. EITHER oueafon 87 OR a4 CbmPWW Queslcn n e Vd+ PrOgrsm ONY serves uenss n orte of more of the need HUD Pf"un W
Bensft Casgbrtes Complete qu"t10n N 1 arty crosrs n YOU orogrOm 000 1 rot tam IMO • pr"umad BenIR Category
DO NOT COMPLETE BOTH QUESTION T M_!U
7 IPRESLMZD iO1SNVIMn DATA: L 10THM RlNd1CMlY DATA: WIDWE RANGE
Indicate the t0W nuntDer of UNDUotLAE Indicate the total numbof of rnrnrsw r = Persons
persons "rued since October 1 who fall Into served since October t eer0 fall IMO each "'Comm
each preeumad bsnsflt caMgory It's fo(a' category (me fotr shoved 80,4 ma toed in O,efbom 061
sr01417 edUO free 00"M oueSWm 06) :
Report me: Report as:
O A"od CNOW 0 Emremefy 10* moms 10-30%)
0 Hrxmews Persor O Low W-0m* 131 -50%)
0 Boasted Soar" 0 Woorms moms 151 -W%)
0 Persons wf HNlAIDS 0 NtOVe bbOsrau Inane t.w%:
0 Elo sty Persons
0 VeteraM
O Crrarvcaw Mrealy Nl
0 Pnyucaey ()sabre Ad/n
0 patr•voutn
TOTAL: 0 TOTAL: 0
f. R—Ocma Ethnic Data: In addition
Pies" indicate far+ rrany LINDUPJrIGAff.� cMrtts served since in ch race er c a Into eaeh rase category.
to each race category, pie indicate how nnnY Perso^a In each race category consider thenseNee Hlapank
(Total Race colwm should equal the total cN).
RAGE
ashes
BWCWNrran Amerce^
0
Asra
0
Amerce rtowVAMKB NON*
0
Norm "MawrvOva Paler srtder
`0 ,
Amer can rwrYAWSKAn Hans b new
0
.O
B"ecWAtrcw Amercan 8 Wrtse
•.
Am hdavAla&U Nate A BWwNresn Am
9 - .
ova MA,4.3cw -
- 0. .
Oew
0
TOTAL:
0
Nsm s
T Ale
I lahitat for I Willanit\ of Collier Count}. Inc.
2013 -2014 C'1)14G (C- 1)R613 -03)
Page 22 of' 32
S"'O* arvt
ou Hems ereor" s you
s"Lee
Packet Page -600-
ETHNICITY
0 wh0rm now many are Flspenrc'
0
of wmbm rK0 many are HaOanC'
0
d when now merry en HsPersc'
0
at wtwm now many we Istoww'
0
a wrom row many are HWpww"
O
. of whom now many are Hap I
0
ot wham row may are MMOWIC'
0
_ of wham row may rs -p-
0
d wean not+' may are maps —'
0
a wftam now may are Hspavc'
O
TOTAL HISPANIC
I lahitat for I Willanit\ of Collier Count}. Inc.
2013 -2014 C'1)14G (C- 1)R613 -03)
Page 22 of' 32
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ou Hems ereor" s you
s"Lee
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EXHIBIT "E"
ANNUAL AUDIT MONITORING REPORT
OMB Circular A -133 Audits of States, Local Govemments, and Non -Profd Organizations requires the Collier
County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards
and determine whether they have met the audit requirements of the circular and whether they are in
compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the
following, provide all appropriate documentation regarding your organization's compliance with the audit
requirements, sign and date this form.
Sub recipient
Habitat for Humanity of Collier County,
Fiscal Year
Name
Inc.
Period
Total State Financial Assistance Expended during
$
most recently completed Fiscal Year
Total Federal Financial Assistance Expended during most
$
recently completed Fiscal Year
Check Appropriate Boxes
We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending
❑
as indicated above and have completed our Circular A -133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as
indicated above and expect to complete our Circular A -133 audit by . Within
❑
30 days of completion of the A -133 audit, we will provide a copy of the audit report and
management letter.
We are not subject to the requirements of OMB Circular A -133 because we:
❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year
indicated above
❑ Are a for - profit organization
❑ Are exempt for other reasons —explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
If findings were noted, please enclose a copy or the responses ana corrective acnon ian.
Certification Statement
hereby certify that the above information is true and accurate.
Signature I Date
Print Name and Title
I lahitat for I iumankN of Collier County, Inc.
2013 -2014 CIAIG (cmic,13 -03)
Page 23 of 32
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EXHIBIT "F"
LOCAL AND FEDERAL RULES RF,GULATIONS AND LAWS
1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block
Grant (CDBG) funds.
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as
amended
4. Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended
24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits
discrimination and promotes equal opportunity in housing.
6. Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 'l 1375 and
12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and
as supplemented in Department of Labor regulations.
7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972. 42
USC § 2000e, el. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed
by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action
employer.
8. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act
of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended,
and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued
hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance
provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the
SUBRECIPIENT's Sub - recipients and subcontractors. Failure to fulfill these requirements shall subject the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub - recipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is
provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would
prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the
following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program
providing direct Federal financial assistance from HUD and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to low- and very low- income
residents of the project area, and that contracts for work in connection with the project
be awarded to business concerns that provide economic opportunities for low- and very
low - income persons residing in the metropolitan area in which the project is located." .-.
habitat for liumanity of Cothcr Count), Inc.
2013 -2014 C IMIG IC'I)BG13 -03)
Page 24 of 32
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The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in
connection with a housing rehabilitation (including reduction and abatement of lead -based paint
hazards), housing construction, or other public construction project are given to low - and very low -
income persons residing within the metropolitan area in which the CDBG- funded project is located;
where feasible, priority should be given to low- and very low- income persons within the service area of
the project or the neighborhood in which the project is located, and to low- and very low- income
participants in other HUD programs; and award contracts for work undertaken in connection with a
housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing
construction. or other public construction project to business concerns that provide economic
opportunities for low- and very low- income persons residing within the metropolitan area in which the
CDBG- funded project is located; where feasible, priority should be given to business concerns that
provide economic opportunities to low - and very low- income residents within the service area or the
neighborhood in which the project is located, and to low- and very low- income participants in other
HUD programs.
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would
prevent compliance with these requirements.
9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by
Executive Orders 11375, 11478, 12107 and 12086.
10. Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
11. Section 504 of the Rehabilitation Act of] 973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
12. The Americans with Disabilities Act of 1990
13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
14. 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)).
15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted
projects.
16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 -
which prescribes goal percentages for participation of minority businesses in Community Development
Block Grant Contracts.
17. The SUBRECIPIENT agrees to comply with the non - discrimination in employment and contracting
opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive
Order 13279. The applicable non - discrimination provisions in Section 109 of the HCDA are still applicable.
18. Public Law 100 -430 - the Fair Housing Amendments Act of 1988.
I lahitat liar I Iurnanitv of Collicr Count v. Inc.
2013 -2014 CDBG (CDBG13 -03)
Page 25 of 32
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!t,,, 24 (14,' 84 - Uniform AdminiStralivc Rcquiremems for iii-ants and A-preemcrits ITIStitution.s olNilgim-,
hducation.liospitais and Other Nop-Profit Organizations and snecified bx the lonowitlL, subsections:
Sunnan A -- Clencrai
rms for Applying for !.ederal Ass!slance:
Subpart B - I-Ire-Award Requirements, exce r -T - f�'o
Subpart C _ Post ward Requirement,,. except fo-. 7
c Section lla,,mletvv kcqulremcm=- Oruntees steal' follow, the standards cal 85.2(01);
in making payme \
aria nt.,; to St1'1BUCJPH_ 'I's.
Section 84.--. C.ost Sharing and Matclim-'.
_BG1 SUBRECIPIENTs shall fiolio%&
c� Section 84.2-4. I"Tograrr. income - In lieu- of 8,4.'-'4 CD
:,703(M:
c Section 84.2f,. Revision of Budget and ProyTani Plans.
Section 84.3-2, Real T'ropert� In lieu ol 84.32. CDBG SUBRECIPIENTI, shall follow
c Section 811.34(o). Equipm-Grit - In lieu of the disposition provisions of'843 4t(14 the following
applies,-
In all cases in which equipment is sold, the proceeds shall be progratn, income (Tr(,-
ratec to reflect the extew to %,ni -� (_ B(1 funds w er- us ed it) acqu ire the equipment;;
and
Equipment, not needed the SUBRECIPIENT for CDB(1 activities sh I al rite
transferred to the recipient for the CD B6 program or shall be retained after
compensatint: the recipicir"
c, Section 84.3-5. Supplies and other Expendable l"roperly Performance:
c Section 94.51(ij), tcj. (d). ter. (fi and (h). Monixorinu and Renortina T�roitram
c Section 84.;'-. Financial Reporting: b) Ile$
c, Section 84-53(b). Retention and Access Requirements for Records, Section 14.5Y applies A01"'N
with the f6howing exceptions: . 'dual CDBG actr,�ifies
• The retention period (h C_
d referenced in 94.15-1 1 pertaining to indivi
--hall be fouryears. and
s er -
• The retention period starts from the date of submission ofthe annual n form ane and
ific act �it\, i
in I I
evaluation report. as prescribed in-24, CFR 91520. ' which the speL - 1'. ial
reported on for the final time rather than from the date of'.submission of the f n
expenditure: report for the° award:
C Section 84,61. lermination - In liet, of the provisions of 814t.61, CDB6 SUBRECIPIEN"I's
shall comply witill 370.303(b)(71), and Closeout Procedu 1es . r
• Subpart 1) - Mter-the-Award Requirements -- except far 84.!, 1.
20, 24, CFR 85 - Administrative Requirement<; for Grants and Agreements to State and Local Governmerivs shale
be jolit)wed for sub recipierivs that are governmental entities.
21, Immiurailon Reform and ContTol Act of 1986 as iocaLed at -8 USC 1324. et seq. and regulation reiatln,�
thereto. )� "urc by the SUBRFCIPIENI to compiy N%itb the law-, referenced herein shall constitute: r. breach
of this agreement. and the C'ounv, shall have the discretion tv uniiatcra\ terminate this ag tt crl
22, lllrofiibiuor Of Gihs 1 o Count, I Empif offer or either dirt;CtIN
,)vee- zation or individua' shall off,
County employee. as set iordi in
or indirect %, anti ta,%I*or, ul 10an, service or other itern of value to any
Chapter i l2, Part 111, Fionda Statutes, Collier Count% Ethics Ordinance No. 2014-0-5. aS amend,:. and
Count\ Administrative Procedurt: 5", 11.
Hzintat jor htmumii� ofCoh Lcr Coun,} . im
2
011.20 t 4 C DW i (f _A)Rki 13-03 ' PaLe 26 of 32
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23. 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 Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To
the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more
strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion.
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 resolve any such disputes
by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by
representatives of SUBRECIPIENT with full decision- making authority and by COUNTY'S stab' person
who would make the presentation of any settlement reached during negotiations to COUNTY for approval.
Failing resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to
mediation as required hereunder, the other party may obtain a court order requiring mediation under §
44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in
state court and the US District-Court, 20'h Judicial Court of Florida, if in federal court. BY ENTERING
INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE
ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO, OR ARISING OUT OF, THIS AGREEMENT,
25. The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, cat seq.
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
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 an area identified
by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA,
which would satisfy this requirement and/or reduce the cost of said flood insurance.
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.
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.
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.
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).
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30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier
contract, or other covered transaction, with a person who is similarly debarred or suspended from
participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K.
31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and
agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal
controls, and maintain necessary source documentation for all costs incurred.
States local governments and Indian Tribes follow:
• A -87 for Cost Principles
• A -102 for Administrative Requirements
Educational lnstitutionsleven if'nart of a State or local government) follow:
• A -21 for Cost Principles
• A -1 10 for Administrative Requirements
Non- Profit Organizations follow:
• A -122 for Cost Principles
• A -110 for Administrative Requirements
32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days
after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the
requirements and standards of OMB A -133, Audits of States, Local Governments, and Non - Profit
Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves
the right to recover any disallowed costs identified in an audit after such closeout.
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 subject to the provisions of CDBG
including, but not limited to, the provisions on use and 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.
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. This notice is required by § 287.133 (3) (a), Florida Statutes.
35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation. renewal. amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
If an), funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
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Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award documents
for all sub - awards at all tiers (including subcontracts, sub - grants, contracts under grants, loans, and
cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly.
36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in
effect at the time of travel.
37. Any rule or regulation determined to be applicable by HUD.
38. Florida Statutes 713.20, Part 1. Construction Liens
39. Florida Statutes 119.021 Records retention
40. Florida Statutes, 119.071, Contracts and Public Records
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EXHIBIT "G"
AIA G702 -1992 Form
t11A Document G702'" -1992 Instructions
Application and Certificate for Payment
GENERAL INFORMATION
Purpsime and Related Dilwatment.
, \I•\ t)u, Innrnt (;70 `_ Apphcatlon mill ('ertIIIcate for Pa)nlent. 1. L+ he used in tfill)IIn:Ittlft .trth AIA 1>,KUnunt G7Ui. C'ununu:ul +m
Sheet .'fhrse 'it ItunK•nts are tie IglfwtI I t , N- use•cj on a Project w'herc a Contractor has a direct Agree nxnt III he Owner. Froceditres
I.+I' their 4rnr Arc• co.tred Ili AIA Div. ilinent A201. Gerxral Conditions tit'thc C'ontrart for Construction.
i'ce or Current Ikwumenh;
Ynur 14, tmilig Any AIA ('alnlrac•t I)gw,litiviii, users.Ixluld constltl ttwtc :ua.org or a Ic1cul hIA component tfi t'rnty 11110 nto +t recent
edlllfill
Itrproduelirtn+
'I ht. ij4K:unlcnt I. a t•opynghted wtirl, and nary 114111 he rrprtxluced or excel•ptcd Irofn w'ithaul the express vt'ritten permlaiun of the
At Tiwre is nn implied pernussuln tat rcpnKluce till, document, nor does tnctnlxr+hlp in "I'llr Antcrit an ln:elnue 411 Arthite.'ts confer
is Italhrr rig Ills tit rt- produtr this dIK•unKY11.
1 ht- AIA herrhy grants the purchaser it Ilnutrd hcrnsc to mproducc a nuximum III ten fiplr. of .1 completed 0;7112. but onl% 101' use in
a „nllr,•Iitau with .4 partiavtlar projecI - I'lw AIA t%III not permit 1-0pnnhlclton nutslde Of 4110 hmitrd licrnsc for ieprtKlu;tirin J:ranlyd
da4ita rurJ,1 nlltni .tli ell rr((uc•.1 And rec.elpl of t%riut•n IK- rnnaion host ihC All
14 Ill it, wfv,Kh1 a• it IV if, It. iitoc•rll iliac I. art itlr users ill • \L\ .fillMilrr I .itcn�ctt AIA sfiltware users s1KaltId C, H1111111 Iltr i ;ttd Clsc•t
1 i.ciiw A -nev rent il-VJ At
-fu Ir {Kilt topslit•hi sta/latifim fif AIA Conlrart IkK•unxnts, a -111;111 life Amcowall illslttute• It Archrtc.ls legal .•t,un.c•l.
c4apyright to :u.+ first.
COMPLETING THE G702 FORM
Attc1 the Cuuu.lctoi ha. completer) AIA IkKUn1c•nt 0:7111• C tinit/u:uion Shrl -l. sultunar) inforiti:mon %hould hr tramlerrcd tit Air\
1 >4K- lietweif (i702. ' \J)plt.':111U11 and C'rrtthcale lirr Payntc•nt.
Tile Contractor should ign 0.702, have it notarved. and .uhmit it. together wish (;703, if, the Architc•tt.
The Architca should tcxicw G71Q and 6703 and, ;f tl►cy arc uctcplahlc, cfilnplcle the Atchitcct's Cel tit wale I'll Va..RIK'Ili fill ( ;702
The ArOwc.t play LeIIII) .1 dill:•rc•nt :unfilinl th:ul that applied 1,11. putsna ll it) %ecufins y,5 and 4.11 tit' A?01 I Ili• AlVillicel .noul.l
tit.0 uutiu! all figures o11 6702 and Ci7113 that 11:1%e IwCII clialigrd u1 conlilrrn In Ihc .,nitnutt i eTill'irit and attach all cxpl :usuifin. '1'110
coin {ilcled (1702 and 01701 slitn,lil he furtv.unled 141 Ihc Oworr
MAKING PAYMENT
I'hc owncl should 111.1kc payutcrlt dllca)t to the C'onuacltu hard on lhr allwulbi .crnlied III. life Av :hlletl fin AIA Ihw'IIIIIVnt 0;711!,
Applicution alIJ C'ct'tificate for Payment. The L: mIIleled Porn, a:ontuiu, dK• mane and address of the Colliliwtui. P :1)nt0ul should not h:
III,iJe a1 •nit other part) unlews ,j1CC lfieath. 111d1taR'II fill (;711_'
EXECUTION OF THE DOCUMENT
Persons a :firing the im- umettt ,hould indicate the callacit)' in which IhcY :tft al'llllg I LC.. 1111'.'sldcal, KCI'elat \, pal islet. 011.. 11 and tile
authority under which they arc cweuting the docuntcnl Whore appropriate. a copy of th,: resolution authoniing the mdit,odual w awl
till hellnll'of 1110 lien fir entity .hciuld he ilmichcti.
AIA OocumtMl0702'"- tYt12. C•pYrlAnlV IN:i3. 191117. tydb.+9ti i91B. 19330- 41'992 by Ir- eArnc-Icen Irsti wlR o•Arcrwlocin. All nOM.relMVed• WARNWO tni•
AIAw Ooe./m•nt 1• Wvliai¢Md by iJ.R. Copyright '.Ail, and international Info l••. Ulnulrtorlwd r•PI•dlMttOn w dl•trrbuben o�M'�4 nawrs Ar tuna+ :•A K1rfRnanr* wcw win
It. may reAUlt In tlewre CIVll And C /Itblfllt P•nttgMf. and drill be Pr* W "d ALA to t DrK a m M �sab �uM•r rlr ialanR �t ArenatRcu' 1Rge1 rna.nwwl
iCl tope %o+th,$dMi -Olit MhCn COTFI.1od To r•nC/t col+yrap
:opt+ 91114011114 010
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.--�NAIA Document G702"- 1992
Application and Certificate for Payment
TO OWNER: PROJECT: APPLICATION NO: Distribution tD:
PERIOD TO: MMR C
FROM CONTRACTOR:
VIA ARCHITECT:
CONTRACT FOR:
CONTRACT DATE:
PROJECT NOS:
aRCH1TEC'
CONTRACTOR =
FIEL "u
OTHER
CONTRACTOR'S APPLICATION FOR PAYMENT TTte utidermped Camtrx-uir :ertifie+ that to the be+t of dir coral .ar, Lnotiledce. mltlraeitim
1ppii,au, nl a t1 r ra)r Tent. n +hewn hcl•i+t.:r calnritcuo t wtrh flit ('nntraa wrl tlelief the 1 all cu+ered b+ Ihi+ ApplWALM (tit paunrnt nA kvn coay+lcted in xuirdance
x -1h the Cimtrad NK-urnrnt+, that ali ankrunl, hm 11e 11 FwJ M the ('rmtrxr,rr fix 1AtxL for
Continuation Shuct..41.A lksvmrm (i'n ?.1, atlaehrd whlrh pre +i+ws Ct,Inificale+ f(7 Pavmenr weer issued and pa)tneri rccri+cd tram the Owner, anti
1. ORIGINAL CONTRACT SUM. S that curriew pa)wt ,heist hemn is ixw+ due
2. Net change by Change Orders S CONTRACTOR:
3. CONTRACT SUM TODATEil.mr I! 21... ... S ti} Pate.
4. TOTAL COMPLETED 3 STORED TO DATE t Column (i on G70 , ..... S Sutc ar
5. RETAINAGE: Counp of
: t:; C(Implel "I %ar( Suh+cnhed and .tA mi ur belixc
'Calu«ut 1) - f• nnG "fi: S me tin, day of
b. ni
St. ttil 1tdc ca.
I Caluai� 1 tic, (� o t, S \oun Puhitr
\1h Commn+w,o ctpinK
I cual RNa:aa_r I .itic, ?a - 5h tit 'It tal to Culunol i ,d G'0L, S
6. TOTAL EARNED LESS RETAiNAGE
ibric4 Less I.inc41;,t:rl 1
i. LESS PREVIOUS CERTIFICATES FOR PAYMENT .. .. ...... 5
Lune h from prim Cerili:atc
S. CURRENT PAYMENT DUE .............. .. ......... . I
ARCHITECT'S CERTIFICATE FOR PAYMENT
In actud:rw•e with the Ctmtrael Ikicumrnts• erased an tm•,ise taia er+alu,n, and Ix durd rtmrpn+mg
thi, appliratiim. the Architw cmifws to the O%ner that tit the hrtt ,,f the ArJntr l'< knowledge.
initrnumin aad hehrf the Wi4l has pri- gim+ed a, indicateJ, the Rua;c,, , It the Ntxk t, in
xvorduwe with the Can1r:►t 1)xumeri and the Conlwiti is -.-n ed to pd)t:lrm ni ;he
.010UN7 CRTIFIED.
4. BALANCE TO FWK INCLUDING RETAINAGE AMOUNT CERTIFIED . . ........................ S
I.cnc• ? lr•, (:ne 1) S irtwr n rzrrtwrwlr<M it am.`+rr :rnr; rd dil,'i rt frrlrn thi uwr,anl uppilrJ. lnaraai uli rieitre% en rhit
_ _... _._ Aplliit Url•m and ;nn the (rimmucau n SAet'r afar are i htin,xed b 1 oni i m h Ifh flit an-an) t'rnllir., ,
C'HAN(l ORDL•R S('51N_ARY ADDlT1O�S DLllt'(TIONS ARCHITECT:
-- -_._ � —
TtK,I chanp cpprt , in prr+nw• tsxmtt, h+ {}arkr bale
Total aprrosed ihi, %xith — -S
— - - -- .. _• - - -- ... --...t �
TOTALS S ihn CrntlKatc i, neat tieerntable. THtr :1h1UCYT' CEk'flFlb {[) is pa)ahlr tmh to the Carnrarux
- - --I nanvd herein. bwan:c, pa)mrnt and ra"k"e of raytnrnt art with nit prejuduc to an) nzhi, of
NET C H.ANGF S h+ Chdnee Order S the ()lrner ix CarIMtur under this Contract
AIA DOC want G703^n- II92 CowVd C 1953 143 1E6s 1371 '9 9 1963 ana 1392 by T•e AntCnean rdulreo' AA—MM All fiord aNrMtt WARNING- This AIA' Doamtnc is p- olecuid by US Copy -qM law
ax 1wenat.onai 7,ex" autt•autd reprwa tan c1 C 0,b6t.0 r rras AIAi Documew r anf poha+r of It ma) cesuit m aerere tIa1 and tt antis: peaaWes a ^d wt t be pOSKJ;O- to the mar.�ure eorn,
:05S tie Lrdet th< I,- "Li!tQSe'S a•^ Xe• !Or : 'eyra,-e t!^ . gees cl %I; 3or-m m ot*n yin -Aod 1, mpe/1 :OCPti ^',.OL'.CtY D• A LO "IraC .r+dG.me'IS t —at T.'1e A-erran 14157r.01? 'i A•"" YC'u e.;a
X.mvo :9rA1'a":3aA3'y
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•NADOCWG?M GM-1992
"W: U*Kmd owmmq viciam U.S. WWv, WS W4 will VAW, tevio&* 0 00 P=Wax
CALITION: You should Use an original which has this caution printed in red. An original assures the, changes will not be obscured u may occurwhen documeltsar reepmdumd.
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CONTINUATION SHEET
AIADOMIENTG
. �
KIR F?LY' 11 ENT
A;, I ILMON V
p-
AIA
3P LIGATION DATF
:x ;Ytt Io '�hf r-ca::51
PELOD XI:
r. ,
H7 K, NO
' '
A
--TED
C WORK Vk-XF
R;
•NADOCWG?M GM-1992
"W: U*Kmd owmmq viciam U.S. WWv, WS W4 will VAW, tevio&* 0 00 P=Wax
CALITION: You should Use an original which has this caution printed in red. An original assures the, changes will not be obscured u may occurwhen documeltsar reepmdumd.
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