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Agenda 04/23/2013 Item #16D 34/23/2013 16.D.3. EXECUTIVE SUMMARY Recommendation to approve modification #7 to Disaster Recovery Initiative Grant Agreement #IODB- D4- 09- 21- 01 -KO9 between the Florida Department of Economic Opportunity (DEO) and Collier County to facilitate reprogramming of unexpended funds, extend the grant, approve new associated subrecipient agreements and four subrecipient agreement amendments. OBJECTIVE: Allow for additional Disaster Recovery Initiative (DRI) projects, extend the grant term and reallocate project and activity funds in order to more fully expend available grant funding. CONSIDERATIONS: On May 25, 2010, Item 16D10, the BCC accepted a federally - funded disaster recovery agreement with the Department of Economic Opportunity (DEO). The purpose of the DRI grant is to fund projects that provide disaster relief and long term recovery. The contractors for approved projects with this grant have been procured at a cost less than anticipated. To meet the needs of the community and help expend all awarded grant funds Housing, Human and Veteran Services accepted applications for available remaining funds. Five Applications were received on February 1, 2013. This grant modification will accommodate funding two new eligible projects as applied for by the Immokalee Community Redevelopment Agency (CRA) and Goodwill Industries of Southwest Florida Inc. and extend the grant period to accommodate completion of the projects. In addition, four existing projects will have funds added, removed or reallocated among activities. Project Action Current Budget Reallocated New Budget Rationale/Use amount ImmokaleeCRA - New Project/grant New $534,000.00 $534,000.00 Stormwater improvement project is defined by the Colorado Ave* extension Immokalee Stormwater Master Plan (ISWMP) approved June 9, 2009 to include installation of sidewalks. $517,300 is for the project and $16,700 is retained for HHVS project delivery services. Goodwill Robert's New Project/grant New $95,500.00 $95,500.00 This hurricane hardening project will consist of installing an Center* extension emergency generator, new asphalt shingles and creation of an associated site plan. $91,000 is for the project and $4,500 is retained for HHVS project delivery services. Gilchrist Apartments Additional 550,000.00 $160,000.00 $210,000.00 The amended project will include new roofs, soffits, and Allocation /grant extension gutters. $160,000 will be allocated to project expenses. CCHA - Farm Worker Additional $658,717.50 $40,000.00 $698,717.50 $18,000 of multifamily rehabilitation funds will be Village* Allocation/Amendment/gr reallocated for architectural professional services, ant extension categorized as an engineering activity by the DEO agreement. $40,000 from another under budget project is being reallocated for HHVS project delivery services. Immokalee CRA - Amendment/grant $3,659,780.20 $0.00 $3,659,780.20 Project nearly complete but an additional $50,000 is needed Stormwater Project* extension in the activity of resurfacing. The amount will be reallocated from flood and drain activities. Immokalee Non -Profit Amendment/grant $94,500.00 $0.00 $94,500.00 Provide a work plan extension to existing generator project. Housing, Inc.* extension Bayshore Stormwater Reduced Funding $2,091,390.00 4295,500.00 $1,795,890.00 Completed under budget Goodlette Arms Reduced Funding $1,442,990.10 - $152,000.00 $1,290,990.10 Completed under budget Shelter Enhancement Reduced Funding $1,716,750.00 - $382,000.00 $1.334,750.00 Completed under budget *Indicates that the project has a subrecipient agreement or an amendment to a subrecipient agreement included with this item. Packet Page -1164- 4/23/2013 16.D.3. To accommodate the grant agreement changes, the DEO provides specific modification forms to be approved by the Board for submittal to the DEO. Once the DEO has provided approval for the modification to the grant agreement, all new and revised associated subrecipient agreements will be routed by staff for execution by the Board chairwoman. FISCAL IMPACT: Disaster Recovery Initiative grant funds are available within the Housing Grants Fund 705, Project 33104. Funds are reallocated within the commitment item, so no Budget Amendment is required. GROWTH MANAGEMENT IMPACT: Implementation of DRI will help facilitate efforts to meet the goals, objectives and policies set forth in the Housing Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for BCC action. - JBW RECOMMENDATION: To approve and authorize the Chairman to sign a modification to Disaster Recovery Initiative (DRI) grant Agreement #IODB- D4- 09- 21- O1 -K09 between DEO and Collier County, the associated subrecipient agreements for two new projects, and four associated subrecipient agreement amendments. PREPARED BY: Lisa Oien, Grants Coordinator, Housing, Human and Veteran Services Packet Page -1165- 4/23/2013 16.D.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.3. Item Summary: Recommendation to approve modification #7 to Disaster Recovery Initiative Grant Agreement #10DB- D4- 09- 21- 01 -K09 between the Florida Department of Economic Opportunity (DEO) and Collier County to facilitate reprogramming of unexpended funds, extend the grant, approve new associated subrecipient agreements and four subrecipient agreement amendments. Meeting Date: 4/23/2013 Prepared By Name: OienLisa Title: Grants Coordinator,Housing, Human & Veteran Servic 3/15/2013 8:51:20 AM Submitted by Title: Grants Coordinator,Housing, Human & Veteran Servic Name: OienLisa 3/15/2013 8:51:21 AM Approved By Name: LarsenKathleen Date: 3/18/2013 9:37:04 AM Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 3/19/2013 4:55:56 PM Name: SonntagKristi Date: 3/21/2013 4:21:49 PM Name: GrantKimberley Title: Interim Director, HHVS Date: 4/10/2013 9:30:05 AM Packet Page -1166- Name: CarnellSteve Title: Director - Purchasing/General Services,Purchasing Date: 4/10/2013 1:11:23 PM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 4/10/2013 1:52:03 PM Name: AckermanMaria Title: Senior Accountant, Grants Date: 4/10/2013 3:38:28 PM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 4/10/2013 4:19:27 PM Name: KlatzkowJeff Title: County Attorney Date: 4/11/2013 8:52:48 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 4/12/2013 2:59:24 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 4/15/2013 12:44:42 PM Name: OchsLeo Title: County Manager Date: 4/15/2013 2:11:52 PM Packet Page -1167- 4/23/2013 16.D.3. 4/23/2013 16.D.3. Department of Economic, opportunity — Small Cities Community Development Block Grant Program Form SC -44 Modification to Subgrant Agreement _ _ 8/1012012 MODIFICATION NUMBER 7 TO SUBGRANT AGREEMENT BETWEEN THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND COLLIER COUNTY 1-his Modification is made and entered into by and between the State of Florida, Department of Economic Opportunity, ( "the Department "), and Collier County, ( "the Recipient "), to modify DEO /DCA Contract Number 10- DB- D4-09- 21- 01 -09, award dated June 22, 2010 ( "the Agreement "). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the I)epartment provided a Subgrant of $9,963,208.00 to Recipient under the Small Cities Community Development Block Grant ( "CDBG ") Program as set forth in the Agreement; WIJEREAS, the Department and the Recipient desire to modify the Agreement; WHEREAS, pursuant to the provisions of Chapter 2011 -142, Laws of Florida, the DCA Division of Housing and Community Development was transferred to the Department of Economic Opportunity effective October 1, 2011; and the parties wish to reflect the new name. NOW, THEREFORE, in consideration of the mutual promises of the parties container( herein, the parties agree as follows: Reinstate Agreement 1. The Agreement is hereby reinstated as though it had not expired. ® Extend Agreement 2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of March 21, 2014. ® Revise Activity Work Plan 3. Attachment B, Activity Work Plan, of the Subgrant Agreement is hereby deleted and is replaced by the revised Attachment i3, which is attached hereto and incorporated herein by reference. ® Revise Program Budget 4. Attachment A. Program Budget, of the Subgrant Agreement is hereby deleted and is replaced by the revised Attachment A, which is attached hereto and incorporated herein by reference. Packet Page - 1168 - �' 4/23/2013 16.D.3. Department of Economic Opportunity — Small Cities Community Development Block Grant Program Form SC-44 Modification to Subgrant Agreement 8110=12 Modification Number: 7 DEO/DCA Contract Number: 10- DB- D4- 09- 21- 01 -K09 Recipient: Collier County Page 2 ❑ Change in Participating Parties 5. Attachment A, Program Budget, is hereby modified to delete all references to "(Type in name, if applicable.)," as the Participating Party, and replace them with "(Type in name, if applicable.)" as the Participating Party with the understanding that the Recipient and the new Participating Party will enter into a Participating Party Agreement containing provisions and caveats that meet or exceed the conditions agreed to in the Participating Party Agreement between the Recipient and the original Participating Party. ❑ Inclusion of an Unmet Need as Addressed in the Original Application 6. Attachment A, Program Budget, of the Subgrant Agreement is hereby deleted and is replaced by the revised Attachment A, which is attached hereto and incorporated herein by reference. 7. Attachment 1, Activity Work Plan, of the Subgrant Agreement is hereby deleted and is replaced by the revised Attachment I, which is attached hereto and incorporated herein by fr reference. 8. A revised Project Narrative, Form G -2 from Part II of the approved CDBG Application Form, which shows the unmet need from the original application that is being included in the Subgrant Agreement listed as addressed need, is attached hereto and incorporated herein by reference. ® Change in Number of Accomplishments and /or Beneficiaries 9. Attachment A, Program Budget, of the Subgrant Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. ❑ Reflect Change in Agency from DCA to DEO 10. This modification to the Subgrant Agreement hereby replaces "Department of Community Affairs" with "Department of Economic Opportunity" where appropriate in context. ® Other: Adding two new Service Areas, Service Area 49 (Colorado Avenue Area) & Service Area #10 (Robert's Center) into the Grant Agreement Packet Page -1169- 0 4/23/2013 16.D.3. Department of Economic opportunity — Small Cities Community Development Block Grant Program Form SC -44 Modification to Subgrant Agreement 9110/2012 Modification Number: 7 DEOIDCA Contract Number: 10- DB- D4- 09- 21- 01 -K09 Recipient: Collier County Page 3 A Request for Amendment, Form SC -35, shall be included with this Modification if there is a change to the Attachment A, Program Budget, of the Subgrant Agreement; if unmet need is being included as addressed need; or if there is a change in the number of accomplishments or beneficiaries. All provisions of the Subgrant Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. Department of Economic Opportunity go Name: Ken Reecy Title: Assistant Director Division of Community Development Date: ATTEST. DWIGHT E. BROCK, tier Recipient: Collier County Name: Georgia. A.Hiller,, Esq Title: Chairwoman, BCC Commissioners Date: Appmved as; to form & legal SUM01 MY Assistant County Attorney Packet Page -1170- G 4/23/2013 16.D.3. Department of Economic Opportunity — Small Cities Community Development Block Grant Program Form SC -44 Modification to Subgrant Agreement 8n012012 Aorw Instructions for Completing the Modification to Subgrant Agreement Form. 1. Use the "Tab" key to move from one field to the next. "Shift Tab" lets you move backwards. 2. Type in the Modification Number in the three fields where it asks for the number. Type in the Contract Number in the three fields where it asks for the number. 4. Type in the Local Government Name in the five fields where it asks for the Recipient. 5. Type in the Date and Subgrant Amount in the fields on the first page where it asks for the information. 6. Move the cursor to the appropriate box(es) to indicate the modification(s) being requested. Left "click" on the box and an "X" will appear, indicating that the section is being modified. 7. If the modification seeks to extend the end of the subgrant, type in the new date on the appropriate line. 8. If the modification makes changes to the "Participating Parties," type in the names where indicated. 9. If the reason for the modification is not one of the eight common reasons, put an "X" in the check box before "Other" at the bottom of the second page and then tab to the form field and type in the reason. An example of an "other" modification is to bring the Subgrant Agreement under the provisions of a revised administrative rule. 10. On page 3, type in the name of the person signing the modification and the person's title. The date must be handwritten. (The person signing the modification must have signature authority.) 11. Submit a minimum of two originals of the modification along with the required supporting documentation. Packet Page -1171- G A w N Co J M 01 CA O c n m� Co 0 v� >0 a � C R C n CD OCD CD On S 7. M w T -n � z �y ci CD C z(D to v SD .. n z v r th 0-4, D Lo to N O m 4/23/2013 16.D.3. Packet Page -1172- D 0 D O0 �>m Co z C � pD G) h z om C1- 0z Om n m 0 m0 OC mm *;u C D D m ;o o � O D Q mC 1 O X CD 'O CD O 0 C G i r)� z pw w w °w W D 0D m -4 to m to v ?t D O m X D � a 0 Cr c 4 m c o b' z Q 0 3 3 > D O o a. m � o F7 d D1 a M D to m CL c — c w a O = Co o O 0 a m =. c u n (D m (n CD D N .�.. 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CD 0 C # _ C 3 0 o C N D to -Q m 3 CD w v O A �* D obi = 0 � z A v cn n Co m m n 0 m D J m T m Co 0 D 3 [r.7 0 � F, (III Z m m X Co C T o w m X °_: g o O D Cn m r m < m O r: A n N Z G1 m w C Z 0 G r Z C U) = 00 Z M -.4 r � m m z m m D m O D r n 0 CD ci D OF c sn c o 0 0 O Z -� c 0 c r O Y m m c Co c z o � C/) m Cn 0 c n m O m `m n m Packet Page -1174- � (D CD 02 0. 6 (D' r. CD 0 C # _ C 3 0 o C N D to -Q m 3 CD w v O A �* D obi = 0 � z A v cn n Co m m n 0 m D J m T m Co 0 D 3 [r.7 0 � F, (III A w N -+ Co V m 0 4/23/2013 16.D.3. Packet Page -1175- C z D CD C7 a� O_ Lo m' Z n 3 0 c y K m �CD Cn O C m W W rn - m v1 M D O T� 0 �n --1 O -I a c m ' N n = �. 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Grant # 1ODB- D4- 09- 21- 01 -KO9 CFDA/CSFA# - 14.228 Subrecipient — Immokalee Area Community Redevelopment Agency CRA DUNS # - 076997790 FETI # - 59- 6000558 AGREEMENT BETWEEN COLLIER COUNTY AND Immokalee Area Community Redevelopment Agency Colorado Avenue Area Stormwater THIS AGREEMENT is made and entered into this 23rd day of April, 2013, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "Grantee ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and " Immokalee Area Community Redevelopment Agency (CRA)." A Community Redevelopment Agency approved by the Board of Collier County Commissioners, having its principal office at 1320 15'h Street Immokalee, Fl 34142. WHEREAS, the COUNTY has entered into an agreement with the State of Florida, Department of Economic Opportunity; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income by addressing hurricane impacted housing, public facility and community development needs; and WHEREAS, The Board of Commissioners of Collier County approved the Collier County Agreement with the Florida Department of Economic Opportunity for $9,963,208.00 in Community Development Block Grant Disaster Recovery Initiative (DRI) funds on May 25, 2010, item 416D 10. WHEREAS, the County and the Subrecipient desire to provide the activities specified in exhibit A of this agreement, in accord with the approved 2008 Disaster Recovery Initiatiave Subgrant Agreement, simultaneously approved by the County with this Agreement; and WHEREAS, the County desires to engage the subrecipient to implement such undertakings of the Disaster Recovery Initiative (DRI) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: I. SCOPE OF SERVICES Immokalee Area Community Redevelopment Agency DR[ 08 -09 Colorado Ave. Area Stormwater Page 1 of 30 Packet Page -1193- CA 4/23/2013 16.D.3. The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG /DRI funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: The Immokalee Area CRA project will Undertake various flood and drainage improvements in the Colorado Avenue area, as defined by the Immokalee Stormwater Master Plan (ISWMP), conduct an Environmental Review /Assessment for the Immokalee Stormwater Master Plan, install or replace associated sidewalks and complete engineering activities for the project. The detailed project scope will be contained in the schedule of values awarded in the project's construction contract. The project's construction contract will include details sufficient to document the number, amount and costs associated with all activities for payment. Should there be any variation between the initial proposed construction and the eventual award for the construction and the associated construction agreement, the construction agreement will prevail for reimbursement. All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate - income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 II. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the effective date of Modification #7 of DRI Subgrant Agreement #I ODB-D4-09-21 -0 1 -K09 and end prior to the end date of the same agreement. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. Any funds not obligated by the expiration date of this agreement shall automatically revert to the County. III. AGREEMENT AMOUNT The COUNTY agrees to make available FIVE HUNDRED SEVENTEEN THOUSAND THREE HUNDRED DOLLARS ($517,300) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds "). All improvements specified in Section I. Scope of Services shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The budget identified for all improvements is as follows: Immokalee Area Community Redevelopment Agency DRI 08 -09 Colorado Ave. Area Stormwater Page 2 of 30 Packet Page -1194- Cq 4/23/2013 16.D.3. Modifications to the budget and scope may only be made if approved in advance. Budgeted fund shifts between cost categories and activities shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a cost category and activity shall only be made with board approval. 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 HHVS pursuant to the submittal of quarterly progress reports. Invoices for work performed are required every month. 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. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt .Payment Act." The following table details the project deliverables and payment schedule. Deliverable DRIFUNDS NOTE* Activities /items /services may include but not Submission of monthly invoices on AIA G702- be limited to: 1992 form (attached as Exhibit "G ") or equivalent document per contractor's Schedule Colorado Avenue Project of Values. Supporting documents must be All costs associated with the construction of $ 517,300 stormwater improvements and associated sidewalks construction contract to be released upon for the Colorado Ave. Stormwater project and the Certificate of Completion, final waiver of lien environmental assessment for the Immokalee from general contractor and documentation of Stormwater Master plan. clients served. Total $ 517,300 Modifications to the budget and scope may only be made if approved in advance. Budgeted fund shifts between cost categories and activities shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a cost category and activity shall only be made with board approval. 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 HHVS pursuant to the submittal of quarterly progress reports. Invoices for work performed are required every month. 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. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt .Payment Act." The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Construction activities for stormwater improvements, Submission of monthly invoices on AIA G702- Environmentals and associated sidewalks. 1992 form (attached as Exhibit "G ") or equivalent document per contractor's Schedule of Values. Supporting documents must be provided as back up. Final 10% of the construction contract to be released upon Certificate of Completion, final waiver of lien from general contractor and documentation of clients served. IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written Immokalee Area Community Redevelopment Agency DRl 08 -09 Colorado Ave. Area Stormwater Page 3 of 30 Packet Page -1195- 9 4/23/2013 16.D.3. communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Lisa Oien, Grant Coordinator 3339 E Tamiami Trail, Suite 211. Naples, Florida 34112 SUBRECIPIENT ATTENTION: Brad Muckel, Interim Director Immokalee Area Community Redevelopment Agency 1320 15th Street Immokalee, Fl. 34142 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non - production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. VI. GENERAL CONDITIONS A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental 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. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. C. INDEPENDENT CONTRACTOR Immokalee Area Community Redevelopment Agency DRI 08 -09 Colorado Ave. Area Stormwater Page 4 of 30 Packet Page -1196- �� 4/23/2013 16.D.3. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. D. AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. 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 such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECII'IENT does not complete the project within the time period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of this Agreement. E. INDEMNIFICATION 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, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and /or expiration of 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 immunity beyond the limits set forth in Section 768.28, Florida Statutes. F. GRANTEE RECOGNITION /SPONSORSHIPS Immokalee Area Community Redevelopment Agency DRI 08 -09 Colorado Ave. Area Stormwater Page 5 of 30 Packet Page -1197- C;q 4/23/2013 16.D.3. 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 Program shall include the statement, "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" 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. G. TERMINATION In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following: 1. 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; 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, 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 termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. VII. REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Immokalec Area Community Redevelopment Agency DRI 08 -09 Colorado Ave. Area Stormwater Page 6 of 30 Packet Page -1198- CA 4/23/2013 16.D.3. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in excess of $25,000 as outlined in 24 CFR 570.505 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.901) until five (5) years after expiration of the term of this Agreement or for such longer period of time as determined to be appropriate by the COUNTY and as memorialized by the COUNTY and the SUBRECIPIENT in an amendment to this Agreement or such instrument as the COUNTY at its discretion determines appropriate; or b. If not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for the acquisition of or improvements to, the property. No payment is required after the period of time specified in subsection (a). VIII. INSURANCE SUBRECIPIENT shall not commence any work and /or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. IX. ADMINISTRATIVE REQUIREMENTS A. EXAMINATION OF RECORDS The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: B. DOCUMENTATION AND RECORDKEEPING All records required by CDBG/DRI/DEO. 2. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS 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 (6) years after expiration of this Agreement, as required by the CDBG supplemental conditions provided by the Department of Economic Immokalee Area Community Redevelopment Agency DRl 08 -09 Colorado Ave. Area Stormwater Page 7 of 30 Packet Page -1199- �� 4/23/2013 16.D.3. Opportunity with the following exception: if any litigation, claim or audit is started before the expiration date of the for six (6) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. 4. The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 5. 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 HUD Income Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. 6. 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 570.209, income certification, and written Agreements with beneficiaries, where applicable. C. REPORTS AND EVALUATIONS (MONITORING) 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 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 15th 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 including, but not limited to, beneficiaries served and performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D ". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and /or legislative amendments are enacted. Reports and /or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY'S discretion, a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status Immokalee Area Community Redevelopment Agency DRI 08 -09 Colorado Ave. Area Stormwater Page 8 of 30 Packet Page -1200- (A 4/23/2013 16.D.3. reports required by HHVS, DEO or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, DEO AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in compliance with thresholds of the Collier County Purchasing Policy, as shown below. Should there be a conflict; the Purchasing Policy Thresholds will prevail. Dollar Range $ Quotes Under $3K No Quote Required Above $3K to $1 OK 3 Written Quotes Above $I OK to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation To Bid (ITB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. PROGRAM - GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c) in the operation of the Program. H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. 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 Section X.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. X. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT 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, Immokalee Area Community Redevelopment Agency DR[ 08 -09 Colorado Ave. Area Stormwater Page 9 of 30 Packet Page -1201- 9 4/23/2013 16.D.3. disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower - income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a 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 (5 1) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro - Americans, Spanish - speaking, Spanish surnamed or Spanish- heritage Americans, Asian - Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. PROGRAM BENEFICIARIES At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income (LMI) persons. This specific project must benefit a minimum of three (3) LMI persons. 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 participating in the County's Urban County Qualification Program. D. AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest ", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall lmmokalee Area Community Redevelopment Agency DR[ 08 -09 Colorado Ave. Area Stormwater Page 10 of 30 Packet Page -1202- ��t� 4/23/2013 16.D.3. be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.2000). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. XII. 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. IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 23rd day of April, 2013. SIGNATURE PAGE TO FOLLOW Immokalee Area Community Redevelopment Agency DR1 08 -09 Colorado Ave. Area Stormwater Page 11 of 30 Packet Page -1203- ���� 4/23/2013 16.D.3. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: GEORGIA A.HILLER, ESQ CHAIRWOMAN Dated: (SEAL) Collier County Community Redevelopment Agency (CRA) Immolcalee Bv: Subrecipient Signature Tim Nance, Chairman, Collier County Community Redevelopment Agency Approved as to form and legal sufficiency: Jennt er B. White Assistant County Attorney l mmokalec Area Community Redevelopment Agency DRI 08 -09 Colorado Ave. Area Stormwater Page 12 of 30 Packet Page -1204- 4/23/2013 16.D.3. EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: L Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the 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 connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 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. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). Immokalee Area Community Redevelopment Agency DRI 08 -09 Colorado Ave. Area Stormwater Page 13 of 30 Packet Page -1205- ;;t 4/23/2013 16.D.3. OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440, Florida Slalules. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less that $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage as their interest may appear (A.T.I.M.A.) 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. ,mmokalee Area Community Redevelopment Agency DRI 08 -09 Colorado Ave. Area Stormwater Page 14 of 30 Packet Page -1206- `J�� 4/23/2013 16.D.3. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Immokalee Area Community Redevelopment Agency_ Sub recipient Address: 1320 15th Street Immokalee Fl, 34142 Project Name: Colorado Ave. Area Stormwater Project No: DRI 08 -09 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $517,300 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 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. Authorizing Grant Coordinator Supervisor Dept Director Signature Date Title (approval authority under $14,999) (approval required $15,000 and above) Immokalee Area Community Redevelopment Agency DRI 08 -09 Colorado Ave. Area Stormwater Page 15 of 30 Packet Page -1207- c,� 4/23/2013 16.D.3. EXHIBIT 6'C" RELEASE AND AFFIDAVIT FORM The SUBRECIPIENT certifies for itself and its contractors, subcontractors, vendors, successors and assigns, that all charges for Iabor, 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 (progress /final) Request for Payment. Immokalee Area Community Redevelopment Agency Witness: M. Print name and title STATE OF COUNTY OF EON ITS: Board Chairman 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 . I-ie /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State o£ Commission No.: immokalee Area Community Redevelopment Agency URI 08 -09 Colorado Ave, Area Stormivater Page 16 of 30 Packet Page -1208- lti Indicate the progress to date in meeting each outcome Packet Page -1209- r� 4/23/2013 16.D.3. lmmokalee Area Community Redevelopment Agency DRI 08 -09 Colorado Ave. Area Stormwater Page 18 01 30 1 'fir, Packet Page -1210- • Y ❑ ❑ e s • If no, explain: 3. Since agreement date, of the persons assisted, how many.... a. • ...now have new access (continuing) to this service or benefit a b. ...now has improved access to this service or benefit C. ...now receive a service or benefit • TOTAL: 0 4. What funding sources are applied for this period l pro rare ear? • Section 108 Loan Guarantee DRI/DREF • Other Consolidated Plan Funds CDBG • Other Federal Funds ESG • $ $ • State / Local Funds HOME $ Total amount $ • Total Other Funds - of Funds - lmmokalee Area Community Redevelopment Agency DRI 08 -09 Colorado Ave. Area Stormwater Page 18 01 30 1 'fir, Packet Page -1210- 4/23/2013 16.D.3. EXHIBIT "D" UARTERLY PROGRESS REPORT 6. 1 What Is the total number of UNDUPLICATED clients served this quarter, if applicable? Complete EITHER question 47 OR #8. Complete question a. Total No. of adult females served: 0 Total No, of females served under 18: p b. Total No. of adult males served: D Total No, of males served under 18: 0 :. TOTAL: 0 TOTAL: 0 c. Total No. of families served: Total No. of female head of household: 0;: <ES Report as: D! Abused Children Extremely low Income (0 -30 %) Homeless Person 6. What Is the total number of UNDUPLICATED clients served since October, It applicable? a. Total number of adult females served 0 Total number of females served under 18: Elderly Persons b. Total number of adult males served ;Q, „ '.Total number of males served under 18: Chronically/ Chronically/ Mentally ill TOTAL: 0 TOTAL: 0 a Total No. of families served 0 ;:.Total No. of female head of household: ­:'1,:.'...:..,:, 0 Complete EITHER question 47 OR #8. Complete question #7 If your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question #8 if any client In your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND B r 7. PRESUMED BENEFICIARY DATA 8. JOTHER BENEFICIARY DATA: INCOME RANGE Indicate the total number of "AIDUPL/GATED persons served since October 1 who fall Into Indicate the total number of UNWIPf ICATEn persons each presumed benefit category (the total served since October 1 who fall Into each income should equal the total in question #6) : category (the total should equal the total in question #6) : Report as: Report as: D! Abused Children Extremely low Income (0 -30 %) Homeless Person 0 ;: Low Income (31 -50 %) 0.. Battered Spouses 0 Moderate Income (51 -80 %) ' Persons w/ HIV /AIDS Above Moderate Income ( >80 %) Elderly Persons ..Veterans Chronically/ Chronically/ Mentally ill i Physically Disabled Adults Other -Youth TOTAL: 0 TOTAL: 0 r 8. Racial & Ethnic Data: Ef a iicable Please indicate how many UNDUPLICATED clients served since October fall into each race category. In addition to each race category, please indicate how many persons in each race category consider themselves Hispanic (Total Race column should equal the total cell). RACE ETHNICITY White ; ofwhorn, how many are Hispanic? Black/African American of whom, how many are Hispanic? Asian ofwhom, how many are Hispanic? American Indian /Alaska Native of whom, how many are Hispanic? Native Hawaiian /Other Pacific Islander ofwhom, how many are Hispanic? American Indian /Alaskan Native & White p P_.; ofwhom, how many are Hispanic? Black/African American & White of whom, how many are Hispanic? Am. Indian /Alaska Native & Black/African Am 0 0' ; of whom, how many are Hispanic? Other Multi - racial :.:.0- 0 ; of whom, how many are Hispanic? Other 0 0 ' ; ofwhom. how many are Hispanic? TOTAL: 0 0 TOTAL HISPANIC Name: Title: lmmokalee Area Community Redevelopment Agency DRI 08 -09 Colorado Ave. Area Stormwater Page 19 of 30 Signature: Your typed name ere represents your a ec ronic signature Packet Page -1211- hi 4/23/2013 16.D.3. EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT OMB Circular A -133 Audits of States, Local Governments, and Non - Profit 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 Immokalee Area Community Fiscal Year Ending Sept. 30, 2011 Name Redevelopment Agency F Y I 0/1 to 9 /30 Period and 2012 When available 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 mana ement 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. it rinain s were nozea, piease enGiose a L;Upy vi ule res unsex anu 4u1rCLuvC at'uvn P1011.1 Certification Statement I hereby certify that the above information is true and accurate. I Signature I Date Print Name and Title Immokalee Area Community Redevelopment Agency DRi 09 -09 Colorado Ave. Area Stonnwater Page 20 of 30 i� Packet Page -1212- lei 4/23/2013 16.D.3. EXHIBIT `4F" LOCAL, STATE AND FEDERAL RULES, REGULATIONS AND LAWS looft 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 5. 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 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. 7. Title V11 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 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 lmmokalee Area Community Redevelopment Agency DR] 08 -09 Colorado Ave. Area Stormwater Page 21 of 30 Packet Page - 1213 -� 4/23/2013 16.D.3. 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." 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 I°IUD 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 1973, 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. Immokalee Area Community Redevelopment Agency DRI 08 -09 Colorado Ave. Area Stormwatcr Page 22 of 30 Packet Page -1214- ' r,% 4/23/2013 16.D.3. 18. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations and specified by the following subsections: Subpart A — General; Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; Subpart C — Post -Award Requirements, except for: • Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; • Section 84.23, Cost Sharing and Matching; • Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; • Section 84.25, Revision of Budget and Program Plans; • Section 84.3.2, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; • Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the following applies: • In all cases in which equipment is sold, the proceeds shall be program income (pro- rated to reflect the extent to which CDBG funds were used to acquire the equipment); and • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; o Section 84.52, Financial Reporting; o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be four years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7); and Subpart D — After - the -Award Requirements — except for 84.7 1, Closeout Procedures 20. 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. 21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Immokalee Area Community Redevelopment Agency DRI 08 -09 Colorado Ave. Area Stormwater Page 23 of 30 r Packet Page -1215- j 4/23/2013 16.D.3. Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. 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 staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this 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'' 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, et 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. Immokalce Area Community Redevelopment Agency DRI 08 -09 Colorado Ave. Area Stormwater Page 24 of 30 Packet Page -1216- �.' 4/23/2013 16.D.3. 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). 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 Institutions (even if part of a State or local government) follow: • A -21 for Cost Principles • A -110 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. In accordance with the DRI Administrative Plan, a ten (10) year depreciating lien for the homeowner will be filed as a security instrument for the work performed and funded with the grant. 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 Immokalee Area Community Redevelopment Agency DRI 08 -09 Colorado Ave. Area Stormwater Page 25 of 30 Packet Page -1217- (mil 7.: 4/23/2013 16.D.3. entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Forrn -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/DEO. 38. Florida Statutes 713.20, Part 1, Construction Liens 39. Florida Statutes 119.021, Records Retention. 40. The Disaster Recovery Initiative Grant Agreement # 1 ODB-D4-09-21 -01 -K09 between Collier County and the Florida Department of Economic Opportunity by reference is incorporated into this agreement. tmmokalee Area Community Redevelopment Agency DR[ 08 -09 Colorado Ave. Area Stormwater Page 26 of 30 Packet Page -1218- 4/23/2013 16.D.3. EXHIBIT "G" AIA G702 -1992 Form Immol<alee Area Community Redevelopment Agency DRI 08 -09 Colorado Ave. Area Stormwater Page 27 of 30 Packet Page -1219- 4/23/2013 16.D.3. &AIADocument G 702 1992 Instructions Application and Certificate for Payment GENERAL INFORMATION Purl?ose stud Re.lsited 0octnnents IA f)ucument Ci702, Application.uul ( %n'Lilicate for Pa)'ment, is to he used in conjunction with AIA Ductinient Ci703, C'oniinuation Sheet. These doctnticnls are designed u1 be used on it Project where a Contractor has a direct Agreement with the Owner. Procedures fur their use arc. covered in .AIA Document A201. General Conditions of ille C'ontr'act for ConsllllCti Uit. INN. of Current Oocttnients Prior to using any AIA C'ontracl t)OCLInient, users should consult www.aia.org or a local AlA cumponenl to verify the most recent edition. Reproduc•I ions This doctnnent is a copyrighted work acid may not he reproduced or excerpted front without the express written permission of the Al A. '.'here. is no implied peiTnissio n to reproduce this document, nor does membership in The American Insfilulc of Architects confer stay further rights rr1 reproduce, this document. 'I'hc. AIA hereby grants, the purchaser a limited license to reproduce a ntaximun) ol'ten copies oi'a completed 67[)2, but only for use in conneclion will) if purticulur prgirct. The AIA will not permit reproduction outside of the limited license for reproduction granted above. except uporl written request .1111.1 receipt of wria n pe.rniissir.nt h-orn the AIA. Right,& lu reprelducx: the ducuorenl luny vary 11u• users ol' AiA sol'lww -u. 1_icensed AlA soflwaref users should consul) the )end User License Agrccnlenl (E-11LA). 'Yo report copyrighl violirliunx oi' AIA C'nnuact 0000Iltenls. e- mail 'I'he American Institute of Architects' legal counsel, cr pyriklit(d'nia.trr)t COMPLETING THE G702 FORM A1,101 the C oW1,11CI or ha" con ip let et AIA I oc•tsmem Ci70:11. C'ontinuaI ion sheet, suntnlary infUl -TI alien should be. transferred to AI A [)ocuntcnl (i702, Applicnrion and C'rnii'icille foi 11;lyine.trt. The C'.ontnsclor should Sicn Ci7021 havc-, it nolarizvd. iu)d suhnnit it, together with 6703, lo the Architect. The Architect should review 6703 and 0703 and, if they fire acceptable, complete the Architect's C'ertil'icitie for T'ayment on G702. The Architect way cerlify a differcnt sntount 111:411 that applied fur, Insc uant w Secliuns 9.; and 9.11 of A201. The Architect Should then initial all Pi,?ures on (3703 and 6703 that have been changed to ctntfilrlu to the :mluunl cer•tilted mid allach an explanation.'I'he cclnipleted 0;702 told 0703 should he forwarded to the Owner. MAKING PAYMENT The Owner should nrlke payment directly to the Contr•actur based on (he amount cerlil'ied by the Architect un AIA Docunterll 0702. Application and Certificate for Payment. The completed form contains the Millie Mid address of the. Contractor. Payment Should not be made to any other party unless spceilically indicated on G702. EXECUTION OF THE DOCUMENT Persons Cxecuting the Clocusttcnt should indiuue. the Capacity in tarhich they are acting (i.e., president, secretary, partner. etc.) and the authority under which thev itre executing the document. Where appropriate, it copy of the resolution authorizing, the individual ut act. on behail'ol'ihe lirntoren(ity should hc- attached. AIA Document G7027w - 1992. Copyright tf,1 1953. 1963. 1965, 1971. 1978. 1983 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This At A° Document is protected by U.S. Copyright Low and International Treaties. Unauthorized reproduction or distribution of this Ate Document, or any portion of It, may result In severe civil and crtminel penoitles, and will be prosecuted to the maximum extent possible under the low. Purchasers are permilled to reproduce len /,10) cooler or this documont when completed. To report copyrioht vinintionF of AIA Gontmrl D— ments, a -mail The American blstitule of Arrhilects' legal counsel. copyriphl(paio.orp. Immokalee Area Community Redevelopment Agency DRI 08 -09 Colorado Ave. Area Stonnwater Page 28 of 30 1 Packet Page -1220- ���' 4/23/2013 16.D.3. Document G702"'-1992 Application and Certificate for Payment TO OWNER: PROJECT: APPLICATION NO: Distribution to: PERIOD TO: OWNER ❑ CONTRACT FOR: ARCHITECT ❑ FROM CONTRACTOR: VIA ARCHITECT: CONTRACT DATE: CONTRACTOR ❑ PROJECT NOS: i FIELD 19 OTHER ❑ CONTRACTOR'S APPLICATION FOR PAYMENT The tinrletssiLlied Conir(1c•tor cenilies that In the best or the ConUllclol'� knowledte, itdurmtlion Appilcation ii madc for payment. as Shown belmv, 111 connection with the Comma. and Iviief llx Work coeeird by tlii Application II)r Pavulent Il((s Ili t•0111phed In accon aiwe.. Continuation Shed. AIA Document G7A3. is altarhed' with the Conuict fhrvmeuts, that ill amounts have boon paid by foe Contractor liir Work for _ i'1'owl lipplliwed this monih whiell previous Cellilic'ates for Payrnent were iswed and paywerw re_•;ived front the Owner. and 1. ORIGINAL CONTRACT SUM .................................................. 111,1! e!trrau payment shown therein is nou due. 2. Net change by Change Orders .................. ............................... I CONTRACTOR: 3. CONTRACT SUM TO DATE 0.4w I ± ?) .......... ............................... $ By: Irate: 4, TOTAL COMPLETED x STORED TO DATE (Column G on (i701i ............. k - — Stine of: — 5, RETAINAGE: ('omuv of: ot'Completctl Work Suhstlihcd and sworn to before F) 4- H ,ruG7031 $ - - -- —� uhtllk day 01' h. _Cz. of Stored Material ICohunl! Pon 6703) $ Nillary Punk: My C'unmlissiun er;piies: Total Retaivagc (Liucs Sa - % ill 'Total in Colman I ol'G7031....... S — 6, TOTAL EARNED LESS RETAINAGE ..... ............................... S ARCHITECT'S CERTIFICATE FOR PAYMENT (Line 4 Leas Line Y1 otal) --- ..- _._.... In accordaiar with the (:nwrav Dncianeius, hatred on on-sile ohsemilious and die data comprising 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT ...................... S (Iris application, the Ardidecl c er hies In lice Owner that to the hest of the Archilecl's knmwledgt:, (Line 0 front pnnrCertiGc th infunnation and belief the Work has progressed as indicated. fill, quality of the Work is in I Ih it C' l) d f 6. CURRENT PAYMENT DUE ...... ............................... 9. BALANCE TO FINISH, INCLUDING RETAINAGE i I'mc .t Ilm Lltle fill S CHAN(iF0Ii!Dlili SUMMARY ~~ ADDITIONS [)LDUCrI0Nti fQ(J, I C)1((Il^„C.0 app4TS1'C( in Pn'Cious uluntlls I)v ONtkr S _ i'1'owl lipplliwed this monih S S — j TOTAB $ NET CHANGI S by Chan, tv Dider $ ,uarc,tnAun It .ontrul u(untents, all Ile (.11Iltral101 u. C111 lie hr Iaapnaol Ot lite AMOUNTC ER'I'lhih.D. AMOUNTCERTIFIED .............................................. ............................... -S (Aillich r.v)hmwiun (i m,r r.r!rt certilir,l di/,t�'rs,jitun rhr urnuuu! applirri. Initial fill li,parer on uric Application and on iirr Cont6ro(uimi Slur/ rhur art, rh•nt,4rd w r•rn+Cran u'iih the rmwamt rv- 14ie(t) ARCHITECT: By llale: 171,1 C�rnilirind is nut negoliahle. 'ill- AA40UNT (110"IFIED is payahie. Duly to the Contractor nauted herein. I%wavice, payment and areeptance m' iztyntcnt :ere without prejudice In ally rights of aei V dw (hyner nr Cownhior under This Conir AIA Document G702f0 -1992, Copyright tie 1951063, f065, 197i, 197,13. 1983 ad 1992 b' l lie American Insuluis of Archile ts. All rights reserved. V'lARNINGr This Ale 000mient I p otemed try U.S. Cepyriphl l.1w aex', Uhiern;;iir;nn! Tut;:GC:;. lineuthoiir:ed u:pnl;b.uiuiin or dielthulion of this MAI i.lucnrnrnt, or any pima n( it, may result in snvem civil and criminal p+(naltkr.' alit wi.l k•^ prosecuted In 11w rnar:hrwrn edolt poi ihh> unisnr the tab,. P.Iritasers ara pumiiiod (o ropiccitice ten (IQ maes of this dcc;mrent Mr-n i ordeted. To report cq)prgly v dal u u o1 AIA Coniraci Documents, e•mall The Amer can hls9lrne o} Architects' tegai coansol copyrighanlaa.op. Irnmokalee Area Community Redevelopinetit Agcncy DRI 08 -09 Colorado Ave. Area Stormwater Page 29 of 30 Packet Page -1221- �7 4/23/2013 16.D.3. CONTINUATION SHEET k1A DOCUMENT G703 o:,, re�'wt sidt) I 1 11 PAGE OF NG:-; AIA Document G-T. .0'-ICATION AND CERTIF0.TE, FOR RNYNIENT. APPLICATION NO.: cojimjninc Coat acm,,'s signed Certification, is x—mclIM, APPLICATION DATE: In Lbulations b'.!ow. "'notin's —,t s.red to hp ne=st diolla., PERIOD TO: tse Coiumn .1 on Contrxrs r,Itetr tariable retainage for lij,,t ilCV fl.12V ZDJAV ARCHITHTS PROJECT NO.: A k C D c F G TWORK CON-11PLETIED KkTERLkL,3 TOTAL TED, SCHEDULED P P, E S COYPLE "TED BALANCE T RF-.Ik]N.kGE NO. DESSCRIFION OF %WORK FRG ?' PP,-,-\:IC)L*S STOR:D "'LUE I k P F L 1 C., n O.N THIS PI AND STORED TO DATE C, C) _ ) rl NISH V.V�AB11 (NOT I N . I I D OR E (D-E4 F) ( C - G) R.+FE i I 1 f AIA DOCUMENT G703 - C0NT"VL!-TJK,)�' 51 fl,',T F-01, G-02 I 15P., EDITION , AlAt TH: 1�1' Ti OF ARCH! 7; j \'E T, I . 'u. , ITEM, " X)PIK WARNING: Unlicensed Photocopying Viobles U.S. M*t f m and Wlh subject the Violator to legal prosecution. G703-1992 CAUTI ON: You should use an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. Immokalce Area Community Redevelopment Agency DRI 08-09 Colorado Ave. Area Stormwater Page 30 of 30 Packet Page -1222- 4/23/2013 16.D.3. EXHIBIT A -1 Contract Amendment 46 Collier County Immokalee Area Community Redevelopment Agency (CRA) DRI/CDBG 2008 This amendment, dated April 23, 2013 to the referenced agreement shall be by and between the parties to the original Agreement, the Collier County Immokalee Area Community Redevelopment Agency, (to be referred to as Subrecipient) and Collier County, Florida, (to be referred to as "COUNTY "). RE: Contract # l ODB-D4-09-21 -01 -K09 # 14.228 Emergency Rule 9BER 09 -2 "Collier County Immokalee Area Community Redevelopment Agency (CRA)" DRI /CDBG- Flood and Drainage Project Words Struek TFhre g are deleted; Words Underlined are added THE SUBRECIPIENT AGREES TO: IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using CDBG /DRI funding for allowable costs, determined by COUNTY, in an amount not to exceed Three Million, Five Hundred Thirty Three Thousand, One Hundred Twenty Four Dollars ($3,533,124.00) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. 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 HHVS pursuant to the submittal of monthly progress reports. n„y,,. ei4s shall be made to the �'TT1QD�tGIPIEAg h requested as wer-k pr-egr-esses but not more frequently than enee pef menth. Payment vvill be made i1�J 11K11 V V 1114QV�, . , otherwise kneA% as "Leeal eyerm7c„t r Pr 0ip a3i�8" �6- i&5 t will be iud c until appr-eved b y Lz 7-8 : Invoices for work performed are required every month. 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 CDBG/DRI 2008 Collier County Immokalee Area Community Redevelopment Agency Contract Amendment #6 Pagel of 3 Packet Page -1223- C;q 4/23/2013 16.D.3. frequently than once per month. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local state or Federal requirements. Payment will be made upon receipt of aproperly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." EXHIBIT "A" SCOPE OF SERVICES Collier County Immokalee Area Community Redevelopment Agency (CRA) Flood and Drainage Project B. BUDGET Collier County Housing, Human and Veteran Services is providing Three Million Five Hundred Thirty Three Thousand One Hundred Twenty Four Dollars and 00/100 ($3,533,124) in CDBG -DRI funding for the project scope described above. Line Item Description Amount of CDBG -DRI Funds Land Acquisition $482,060.99 Flood and Drainage Improvement $2,78912,733,133.01 Engineering $67,950.00 ReWdLc -in $288;999:89250,000 TOTAL $3,533,124.00 CDBG/DRI 2008 Collier County Immokalee Area Community Redevelopment Agency Contract Amendment #6 SIGNATURE PAGE TO FOLLOW Page 2 of 3 Packet Page -1224- �.� 4/23/2013 16.D.3. IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this day of 20 ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Georgia A. Hiller, Esq Chairwoman, BCC Commissioners Dated: (SEAL) First Witness Collier County Community Redevelopment Agency — Immokalee Area CRA By: Subrecipient Signature Type /print witness name Tim Nance, Chairman Second Witness Collier County Community Redevelopment Agency Approved as to form and legal sufficiency: Type /print witness name JennHer B. White Assistant County Attorney CDBG /DR.I 2008 Collier County Immokalee Area Community Redevelopment Agency Contract Amendment #6 Page 3 of 3 Packet Page -1225- C 4/23/2013 16.D.3. Grant # IODB- D4- 09- 21- 01 -KO9 CFDA /CSFA# - 14.228 Subrecipient — Goodwill Industries of Southwest Florida, Inc. DUNS # - 152823662 FETI # - 59- 6196141 AGREEMENT BETWEEN COLLIER COUNTY AND Goodwill Industries of Southwest Florida, Inc. Robert's Center, Hurricane Hardening THIS AGREEMENT is made and entered into this 23rd day of April, 2013, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "Grantee ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "Goodwill Industries of Southwest Florida, Inc." a private non - profit organization, having its principal office at 4940 Bayline Drive, North Fort Myers, Fl. 33917. WHEREAS, the COUNTY has entered into an agreement with the State of Florida, Department of Economic Opportunity; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income by addressing hurricane impacted housing, public facility and community development needs; and WHEREAS, The Board of Commissioners of Collier County approved the Collier County Agreement with the Florida Department of Economic Opportunity for $9,963,208.00 in Community Development Block Grant Disaster Recovery Initiative (DRI) funds on May 25, 2010, item #16D 10. WHEREAS, the County and the Subrecipient desire to provide the activities specified in exhibit A of this agreement, in accord with the approved 2008 Disaster Recovery Initiatiave Subgrant Agreement, simultaneously approved by the County with this Agreement; and WHEREAS, the County desires to engage the subrecipient to implement such undertakings of the Disaster Recovery Initiative (DRI) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: I. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG/DRI funds, as determined by Collier County Housing, Human and Goodwill Industries of Southwest Florida, Inc. DRI 08 -10 Robert's Center, Hurricane Hardening Page 1 of 30 AIN Packet Page -1226- 4/23/2013 16.D.3. Veteran Services (FIHVS), perform the tasks necessary to conduct the program as follows: Will provide hurricane hardening to the Roberts Senior Center in Immokalee. The hardening - activities will consist of the installation of an emergency generator, roof replacement, creation of an associated site plan and the production of an Environmental Review /Assessment for the project. The detailed project scope will be contained in the schedule of values awarded in the project's construction contract. The project's construction contract will include details sufficient to document the number, amount and costs associated with all activities for payment. Should there be any variation between the initial proposed construction and the eventual award for the construction and the associated construction agreement, the construction agreement will prevail for reimbursement. The engineering services for the site plan will be procured by small purchase procedures with the specific costs detailed in the resulting contract. All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate- income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 I1. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the effective date of Modification #7 of DRI Subgrant Agreement #1 ODB-D4-09-21 -01 -K09 and end prior to the end date of the same agreement. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. Any funds not obligated by the expiration date of this agreement shall automatically revert to the County. III. AGREEMENT AMOUNT The COUNTY agrees to make available NINETY ONE THOUSAND DOLLARS ($91,000) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds "). All improvements specified in Section I. Scope of Services shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The budget identified for all improvements is as follows: Goodwill Industries of Southwest Florida, Inc. DRI 08 -10 Robert's Center, Hurricane Hardening Page 2 of 30 Packet Page - 1227 - q 4/23/2013 16.D.3. Modifications to the budget and scope may only be made if approved in advance. Budgeted fund shifts between cost categories and activities shall not be more than 10% and does not signify a change in scope. fund shifts that exceed 10% of a cost category and activity shall only be made with board approval. 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 HHVS pursuant to the submittal of quarterly progress reports. Invoices for work performed are required every month. 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. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." The following table details the project deliverables and payment schedule. Deliverable Pa ment Sebedule Construction activities for a generator installation, roof Submission of monthly invoices on AIA G702- replacement, Environmental Review /Assessment and the 1992 form (attached as Exhibit "G ") or engineering activities for an associated site plan.. equivalent document per contractor's Schedule of Values. Supporting documents must be provided as back up. Final 10% of the construction contract to be released upon Certificate of Completion, final waiver of lien from general contractor and documentation of clients served. IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written Goodwill Industries of Southwest Florida, Inc. DR[ 08 -10 Robert's Center, Hurricane Hardening Page 3 of 30 Packet Page -1228- G 4/23/2013 16.D.3. communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Lisa Oien, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 SUBRECIPIENT ATTENTION: Fred Richards Vice President of Career Development Services Goodwill Industries of Southwest Florida, Inc. 4940 Bayline Drive North Ft. Myers 3391.7 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non - production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member o` the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. VI. GENERAL CONDITIONS A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental 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. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. Goodwill Industries of Southwest Florida, Inc. DRI 08 -10 Robert's Center, Hurricane Hardening Page 4 of 30 Cat Packet Page -1229- 4/23/2013 16.D.3. C. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. D. AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body, Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. 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 such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of this Agreement. E. INDEMNIFICATION 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, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, Iicensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and /or expiration. of 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 immunity beyond the limits set forth in Section 768.28, Florida Statutes. F. GRANTEE RECOGNITION /SPONSORSHIPS Goodwill industries of Southwest Florida, Inc. DRl 08 -10 Robert's Center, Hurricane Hardening Page 5 of 30 Packet Page -1230- v 4/23/2013 16.D.3. 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 Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" 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. G. TERMINATION In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following: 1. 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; 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; 3, Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, 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 termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. VII. REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Goodwill Industries of Southwest Florida, Inc. DRI 08 -10 Robert's Center, Hurricane Hardening Page 6 of 30 Packet Page -1231- (C: I 4/23/2013 16.D.3. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in excess of $25,000 as outlined in 24 CFR 570.505 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.901) until five (5) years after expiration of the term of this Agreement or for such longer period of time as determined to be appropriate by the COUNTY and as memorialized by the COUNTY and the SUBRECIPIENT in an amendment to this Agreement or such instrument as the COUNTY at its discretion detennines appropriate; or b. if not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for the acquisition of or improvements to, the property. No payment is required after the period of time specified in subsection (a). VIII. INSURANCE SUBRECIPIENT shall not commence any work and /or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. IX. ADMINISTRATIVEE REQUIREMENTS A. EXAMINATION OF RECORDS The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: B. DOCUMENTATION AND RECORDKEEPING All records required by CDBG /DRI/DEO. 2. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HIV S. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. 3. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS 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 (6) years after expiration of this Agreement, as required by the CDBG supplemental conditions provided by the Department of Economic Goodwill Industries of Southwest Florida, [ne. DRI 08 -10 Robert's Center, Hurricane Hardening Page 7 of 30 01A Packet Page -1232- 4/23/2013 16.D.3. Opportunity with the following exception: if any litigation, claim or audit is started before the expiration date of the for six (6) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42, 4. The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 5. 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 HUD Income Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. 6. 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 570.209, income certification, and written Agreements with beneficiaries, where applicable. C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required b5 this Agreement, and on the resolution of monitoring findings identified pursuant to 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 15th 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 including, but not limited to, beneficiaries served and performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D ". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and /or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no aaer than 180 days after the SUBRECIPIENT's fiscal year end. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status Goodwill Industries of Southwest Florida, Inc. DRI 08 -10 Robert's Center, Hurricane Hardening Page 8 of 30 Packet Page -1233- 0,11( 4/23/2013 16.D.3. reports required by HHVS, DEO or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, DEO AND HUD REQUIREMENTS The SUBRECIPTENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in compliance with thresholds of the Collier County Purchasing Policy, as shown below. Should there be a conflict; the Purchasing Policy Thresholds will prevail. Dollar Range $ Quotes Under $3K No Quote Required Above $3K to $10K 3 Written Quotes Above $1 OK to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation To Bid (ITB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and /or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. PROGRAM - GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c) in the operation of the Program. H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. 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 Section X.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. X. 'OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT 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, Goodwill Industries of Southwest Florida, Inc. DRI 08 -10 Robert's Center, Hurricane Hardening Page 9 of 30 Packet Page -1234- 4/23/2013 16.D.3. disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN -OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a 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 (5 1) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro- Americans, Spanish - speaking, Spanish surnamed or Spanish - heritage Americans, Asian - Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in Iieu of an independent investigation. C. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income (LMI) persons. This specific project must benefit a minimum of three (3) LMI persons. 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 participating in the County's Urban County Qualification Program. D. AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest ", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall Aww, Goodwill Industries of Southwest Florida, Inc. DR 108-10 Robert's Center, Hurricane Hardening Page 10 of 30 Packet Page - 1235 -1 4/23/2013 16.D.3. be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570,2000). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. XII. 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. IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 23rd day of April, 2013, SIGNATURE PAGE TO FOLLOW 3oodwill Industries of Southwest Florida, Inc. DR) 08 -10 Robert's Center, Hurricane i lardening Page 11 of 30 Packet Page -1236- ATTEST: DWIGHT E. BROCK, CLERK Dated: {SEAL} 4/23/2013 16.D.3. BOARD OF COUNTY COMMISSIONERS OF COLLIER CDUNTY, FLORIDA By: GEORGIA A.HILLER, ESQ CHAIRWOMAN Goodwil I Industries of Southwest Florida, Inc, By: Subrecipient Signature Fred Richards, V. P. of CDS Goodwill Industries of Southwest Florida, Inc. Approved as to Form and legal sufficiency: Jennifer B. White Assistant County Attorney Goodwill lnduslries ol'Southwest Floridn, Inc. DRI 0A -10 Robert's Center, Hurricane Hardening Page 12 of 30 (� l r Packet Page -1237- 4/23/2013 16.D.3. EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: Workers' Compensation as required by Chapter 440, Florida Statutes. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in I — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$ 1,000,000 aggregate providing for all sums which the SUBRECIPIENT and /or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECI.PIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 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. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). Goodwill Industries or Southwest Florida, Inc. DRI 08 -10 Robert's Centcr, Hurricane Hardening Page 13 of 30 Packet Page -1238- 4/23/2013 16.D.3. OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept . in force throughout the duration of the loan and /or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes, 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less that $1,000,000 combined single limit for combined Bodily Injury and Property Damage, Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage as their interest may appear (A.T.I.M.A.) 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Goodwill Industries of Southwest Florida, Inc. DRI 08 -10 Robert's Center, Hun•icane Hardening Page 14 of 30 Packet Page -1239- 4/23/2013 16.D.3. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REOUEST FOR PAYMENT Sub recipient Name: Goodwill Industries of Southwest Florida. Inc. Sub recipient Address: 4940 Bayline Drive, North Ft. Myers, Fl. 33917 Project Name: Robert's Center, Hurricane Hardening Project No: DRI 08 -10 Payment Request # Dollar Amount Requested: $ SECTION II: 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 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ $91.,000 $ 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 Goodwill Industries of Southwest Florida, Inc. DR 108-10 Robert's Center, Hurricane I lardening (approval authority under $14,999) (approval required $15,000 and above) Page 15 of 30 Packet Page -1240- t 4/23/2013 16.D.3. EXHIBIT "C" 1001-1 RELEASE AND AI+FiDAVIT 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 (progress /final) Request for Payment. Witness: BY: CV6411Ag Print name and title STATE OF p�j� COUNTY OF %AZ- Goodwill Industries of Southwest Florida, Inc. ITS: V. P. of CDS DATE: The regoing in ilment was acknowledged before me this // dKof / , 20Z3by as of A Not -For Profit. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: ��� (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: MARY E I.AV'I.l.k? MY COMMISSION # EEN 12225 EXPIRES September 19, 2015 f407Y�0e•oia3 FlarldallotaryBervla,corn Goodwill IndUSlriCS of $OU1h%VCSl l'lorida, Inc. DRI 08- 10 Robai7's Center, Hurricane Hardening Page 16 of 30 C;l t�l Packet Page -1241- 1. 4/23/2013 16.D.3. EXHIBIT "El" QUARTERLY PROGRESS REPORT Sub - recipients: Please fill in the following shaded areas of the Please list the outcome goal(s) from your approved application & sub - recipient agreement and indicate your progress in meeting those goals. • Y e ❑ �. s • If no, explain: 3. • Since agreement date, of the persons assisted, how many.... a. • ...now have new access (continuing) to this service or benefit '0,:` b. ... now has improved access to this service or benefit `.0 C. ...now receive a service or benefit 0 • TOTAL: 0 4. 4/23/2013 16.D.3. • What funding sources are applied for this period 1 program year? • Section 106 Loan Guarantee DRI /I • Other Consolidated Plan Funds CDBG • Other Federal Funds - ESG • State I Local Funds - HOME • $ Total amount $ • Total Other Funds of Funds Goodwill Industries of Southwest Florida, Inc. DR[ 08 -10 Robert's Center, Hurricane Hardening Page 18 of 30 Packet Page -1243- v 4/23/2013 16.D.3. EXHIBIT "D" Complete EITHER question #7 OR #8. Complete question 07 if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question #8 if any client in your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8. 7. JPRESumm BENEFICIARY DATA 8. JOTHER BENEFICIARY DATA: INCOME RANGE Indicate the total number of tA1ft)"PLICATEO Indicate the total number of tltVDLjEL&AT parsons persons served since October 1 who fall into each presumed benefit category (the total served since October 1 who fall Into each income d equal the total in question #6): category (the Iotal should equal the total in question #6) shoui Report as: Report as: 0. .. .Abused Children QUARTERLY PROGRESS REPORT 0,. ' 6. What is the total number of UNDUPLICATED clients served this quarter, If applicable? .:::Low Income (31 -50 %) 0 .: Battered Spouses 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> Above Moderate income ( >80 %) TOTAL: 0 TOTAL: 0 c. Total No. of families served: 0 Total No. of female head of household: 0 r 6. What is the total number of UNDUPLICATED clients served since October, if applicable? 0 . ":`.,'. Chronically/ Mentally III a. Total number of adult females served 0 Total number of fern ales served under 18: 0 b. Total number of adult males served: 0 ` ` Total number of males served under 18: `0 0 Other -Youth TOTAL: 0 TOTAL: 0 C. Total No, of families served: 0 Total No. of female head of household: 0 Complete EITHER question #7 OR #8. Complete question 07 if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question #8 if any client in your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8. 7. JPRESumm BENEFICIARY DATA 8. JOTHER BENEFICIARY DATA: INCOME RANGE Indicate the total number of tA1ft)"PLICATEO Indicate the total number of tltVDLjEL&AT parsons persons served since October 1 who fall into each presumed benefit category (the total served since October 1 who fall Into each income d equal the total in question #6): category (the Iotal should equal the total in question #6) shoui Report as: Report as: 0. .. .Abused Children 0,. Extremely low Income (0 -30 %) .:.0 .: '. Homeless Person .:::Low Income (31 -50 %) 0 .: Battered Spouses b, 0 G: Moderate Income (51 -80%) Persons w/ HIV /AIDS 0.` Above Moderate income ( >80 %) Elderly Persons " 0 .. '.Veterans 0 . ":`.,'. Chronically/ Mentally III 0 Physically Disabled Adults 0 Other -Youth TOTAL: 0 TOTAL: 0 9, Racial & Ethnic Data: (if applicable Please indicate how many UNDUPLICATED clients served since October fall into each race category. In addition to each race category, please indicate how many persons in each race category consider themselves Hispanic (Total Race column should equal the total cell). RACE ETHNICITY White ; of whom, how many are Hispanic? Black/African American O 0 ; of whom, how many are Hispanic? Asian 0 0 ; of whom, how many are Hispanic? American Indian/Alaska Native 0 .' 0. .; of whom, how many are Hispanic? Native Hawaiian /Other Pacific Islander 0 .` 0.: ;of whom, how many are Hispanic? American Indian/Alaskan Native & White 0 0 .:. ; of whom, how many are Hispanic? Black/African American & White '. ` ' 0 :..,: 0. : ; of whom, how many are Hispanic? Am. Indian /Alaska Native & Black/African Am. :.'0 : "` . 0 ` ;of whom, how many are Hispanic? Other Multi - racial :0,. - 0 ; of whom, how many are Hispanic? Other 0 0 ; of whom, how many are Hispanic? TOTAL: O 0 TOTAL HISPANIC Name: Signature: Your typed name here represents your electronic Title: signature Goodwill Industries of'Southwest Florida, Inc. DRI 08 -10 Robert's Center, Hurricane Hardening Page 19 of 30 Packet Page -1244- .__;: 4/23/2013 16.D.3. EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT OMB Circular A -133 Audits of States, Local Govemments, and Non - Profit 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 Goodwill Industries of Southwest Florida, Fiscal Year Ending Sept. 30, 2011 Name FY 1011 to 9/30 Period and 2012 When available 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. tt tinain s were noted, piease enclose a copy or the responses ana corrective action pianq Certification Statement I hereby certify that the above information is true and accurate. Signature I Date I Print Name and Title Goodwill Industries of Southwest Florida, Inc. DRI 08 -10 Robert's Center, Hurricane Hardening Page 20 of 30 Packet Page -1245- rc' l,l 4/23/2013 16.D.3. EXHIBIT "F" LOCAL, STATE AND FEDERAL RULES, REGULATIONS 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 5. 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 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. 7. 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 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 Goodwill Industries or southwest Florida, Inc. DRI 08 -10 Robert's Center, Hurricane Hardening Page 21 of 30 Packet Page -1246- 4/23/2013 16.D.3. 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." 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 Iow- 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 1.2086. 10. Contract Work Hours and Safety Standards Act, 40 USC 327 -332. 11. Section 504 of the Rehabilitation Act of 1973, 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 - ReguIations 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. Goodwill Industries of Southwest Florida, Inc. DR] 08 -10 Robert's Center, Hurricane Hardening Page 22 of 30 Packet Page - 1247 - f�:2i 4/23/2013 16.D.3. 18. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 19.24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations and specified by the following subsections: Subpart A — General; Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; Subpart C — Post -Award Requirements, except for: • Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; • Section 84.23, Cost Sharing and Matching; • Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; • Section 84.25, Revision of Budget and Program Plans; • Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; • Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the following applies: ■ In all cases in which equipment is sold, the proceeds shall be program income (pro- rated to reflect the extent to which CDBG funds were used to acquire the equipment); and ■ Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; • Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; • Section 84.52, Financial Reporting; • Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be four years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; • Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7); and Subpart D — After- the -Award Requirements — except for 84.71, Closeout Procedures 20. 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. 21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Goodwill Industries of Southwest Florida, Inc. DR[ 08 -10 Robert's Center, Hurricane Hardening Page 23 of 30 Packet Page - 1248 - 4/23/2013 16.D.3. Chapter 112, Part II1, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. 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 staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this 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, 20t1' 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, et seq. b. Federal Water Pollution Control Act, 33 USC 1251, el .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. Goodwill Industries of Southwest Florida, Inc. DRI OK -l0 Robert's Center, Hurricane Hardening Page 24 of 30 Packet Page -1249- ` ~ ~!� •i 4/23/2013 16.D.3. 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). 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 Rovernments, and Indian Tribes follow: • A -87 for Cost Principles • A -102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow: • A -21 for Cost Principles • A -110 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. In accordance with the DRI Administrative Plan, a ten (10) year depreciating lien for the homeowner will be filed as a security instrument for the work performed and funded with the grant. 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 Goodwill Industries of Southwest Florida, Inc. DRI U8 -10 Robert's Center, Hun•icane Hardening Page 25 of 30 Packet Page -1250- G� 4/23/2013 16.D.3. entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Forn-i 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 /DEO. 38. Florida Statutes 713.20, Part 1, Construction Liens 39. Florida Statutes 119.021, Records Retention. 40. The Disaster Recovery Initiative Grant Agreement 4l ODB-D4-09-21 -01 -K09 between Collier County and the Florida Department of Economic Opportunity by reference is incorporated into this agreement. Goodmd11 Industries of* Southwest Florida Inc. DR[ 08 -10 Robert's Center, Hurricane Hardening Page 26 of 30 Packet Page -1251- C^AQQ)J 4/23/2013 16.D.3. EXHIBIT "G" AIA G702 -1992 Form Goodwill Industries of Southwest Florida, Inc. DRI 08 -lo Robert's Center, Hurricane Hardening Page 27 of 30 C JPacket Page -1252- _ . 4/23/2013 16.D.3. TT r� ` AIA Document G702"4 -19 2 ' 9 Instructions Application and Certificate for Payment GENERAL INFORMATION Purpose Iliad Relater) I)ocunlents AIA Ilorunx m G70". Applic ;uiun Lund C'rrtificilte.. lot- Puynlent, i. Io hC used in conjunction with i \L\ Document 6703, Continuation Short. Thr.c drleunn:nly arc cii•.ignr,l In hC u,r(l on :I Pr -k"eet \ere Clnuarulr ha: a direct A_rcenant with the (.)\vier. Procedures 101- Iheir use are covered in AlA Document A201, General Condition. of the C'onu•uta r'or Con.mrLICIMI). U1 w of C'urrent I)nc•unlents }'rior to u.in any AJA (_'nntnict Diactiment. users should Collult wtvtv.aiu.orz ol• a Inca) AIA eoniponent to verify the most meent t•tlilion. Reproductions This doctinual( is ;I copyrighted work and may no( he reproduced or excerpted front vvitlnout the express written permissioo of the AIA. Thera is no implied permission to reproduce this document, nor dues membership in The American Institute of Architects confer any hirlhtn- rights to reproduce, this document. I'hc AIA hereby grants the purchaser a limited license to reproduce 11 nlaxinlanl ol'ten copies of it completed 0702, but only for use in ccinneclion with a particular project. The AIA will 1101 permit repr0ductirin outside 0t'lhe. limited license for reproduction 13 I'll III ed above. except ilpcln wrillen revue%( and 1'00: +ipl ol• written Pr- rtllissiun from the AIA. Rir011s w reprcaluce the document allay vary Pw users of AlA software. Licensed AIA .col'tware users should cunsuh the Grid User I.icensc AgrcCnx•nt (EULA). To re.lum copyl-igtal violations 01' AI A Conirnc( I)O Inle I.S. e- tllail The American InstiLule 01' ASCtlileCtS' legal counsel, COMPLETING THE G702 FORM After the ('c111tractorhas completed AIA IToc•uulr. - -nl G703, Cununuaiitln Sheet, s1.110mary infornialion should he transferred to AIA Drlc•umcm 0702. Applicmion and l.'enilic:nc. I'm Puyowill. The Connraclur should sign Ci702, have it not:u-ii.etd. tint! Subnaif it, toeelhrr \vith Ci703, I<1 the Architect. The Architect should revicvv G70 2 and G703 and, if they arc acceptable, complete the Architect'. C'erlificalc for T'aynaem on Ci702. The Atcdlitcct may ceriil'y 'rl difTcrcnl ;mount than that applied for, pursuant to saclions 9.5 and 9.6 o1' A201. The Architect should then initial all fi1ul•c. Oil 6702 and 07(}3 That lurve. been chaugrd 14) cotlfonn lu the :mount certified and allacll an explanation. The completed (1702 and C)703 sIMUld he forwarded In the Owiier. MAKING PAYMENT The 0\vner should slake payment dirccily to the C'onu•uc•ior btl.ed on Ilse a111011nl vurlilie.d by the Architect can ATA T7ocunaenl 0702, Application and Certilieale fur Faymcni. Talc completed form contain, the mole 11111 addre.. of the C'ont1LI1.3 lr. PLtyilent Should 1101 he made to :any olher party urticss specificulln indwalcd tut G702. EXECUTION OF THE DOCUMENT Persons esectitinv the edocunlent should indicate the capacity ill Uvllirll tlley arc actin_L (i.e.. president. secretary. partner, etc.) and the aUthUrltV tinder WhiCh thCV Zkfe @xeCLI(i llil 1110 CIOCLltlle111. Where allpropriaic. a colly of the re'.0hatioll unihori /ing the individtrfll lo uct . on hehalf ul'the firm or entity Stlould be artachcd. ` AIA Document G702- — 1992. Copyright (a'') 1953. 1963. 1965, 1971, 1978. 1983 ane 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document Is protected by U,S. Copyright Law and International Treaties. unauthorized reproduction or distribution of this AIA'Documant, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. Purchasers are permltlec In reproduce ten 0 0) copies of this document wnen rompleled- To mrio n copyright vioinfinns of AIA Contract Dnrinnenls, email The American Instiluto at Architects' legal counsal. OOPy'riphlC_Dai O.O rg. Goodwill Industries of Southwest Florida, Inc. DI21 08 -10 Robert's Center, Hurricane Hardening Page 28 of 30 Packet Page -1253- G 4/23/2013 16.D.3. : =m r AIA Document G702" - 1992 e HY�F Application and Certificate for Payment TO OWNER: PROJECT: APPLICATION NO: Distribution to PERIOD TO: OIh44ER D FROM CONTRACTOR: VIA ARCHITECT: CONTRACT FOR: CONTRACT DATE: PROJECT NOS: ARUITECT D CONTRACTOR D FIELD OTHER D CONTRACTOR'S APPLICATION FOR PAYMENT ADD111ONS 'nl� tnlrhl >i, le(l CinINKII)r (XI,it>zs thttl 10 Ihi 110M rlt the clillifac ol'; lmtl,Nledge.. iltibrillalioll Applic';nion N male for payment, as gwwn heinty. in conlncnion tvilh the Coiilwo. and lx! icf Ihi Work weereJ by ihis Applicatunt fir f';gvlcm has heeit rompkh ied in accrndante ... -- I li owl allli111%ml 1116 :1'h 1!1111 — - t:•ith the Conunct Dumlyleats. Ill a1 all anu)nnts have been paid by the Comractor for Rork for Contioneli ii Rhcel. AIA floculncnl G7J:I, is allaihed. TU'fAl -S r- - - - -- v;hiril prevhnu Cetiifeates for Payment were wwu i fit([ paymrm< rcccieed from die Oamrr, and 1, ORIGINAL CONTRACT SUM ....... ............... _...,......... ,................ h lit; i ciirwtil lwyul nt shown herein is nasr dac. 2. Net change by Change Orders .................. ............................... i. CONTRACTOR: 3. CONTRACT SUM TO DATE f I jrw I —) I ............ ..............................t lit': Dale 4. TOTAL COMPLETED A, STORED TO DATE (Coltu:ut G nn 07011.......... T SUIle of: 5. RETAINAGE: Cmlwn ol'. a, ill (- c'IU11k•tesl Will Suh;irihcd mill ss';or.l io hciarc (bhnlrD+I nnti7tl3i S 1%, this 1m,ilf . of lla1 :.(.`Nl;Arlin) --- - - - - - -- fColuum 1 on 67011 $ NoLu't f)uiilic: 11y ('ummissiial c:epiles: Total itctainat,T (lanes S,( - 511 or'I0lid ill ('oluntll I of G,0,Ni....... S 6.TOTAL EARNED LESS RETAINAGE ..... ............................... S I line 4 Less Lille.. ",'I ml) T, LESS PREVIOUS CER11FICATES FOR PAYMENT .. • ................... S I_inr b Inuu ixnrc t'cnificmlic 6. CURRENT PAYMENT DUE : : ................. . :... ,...., , , ...., :...... 9. BALANCE TO FINISH, INCLUDING RETAINAGE — 1l,iiie 3 ha. Line 61 ti CI-IANGI :ORDFIZS(I41h4AR`i — -- ADD111ONS DEDUCI'K)NS "folal changes applclvec in prcriuo, nnrtahs ha Owlier ti ... -- I li owl allli111%ml 1116 :1'h 1!1111 — - .5 ... . --- --- - -- TU'fAl -S r- - - - -- ti � I \ET CHA�`C;I :S i)t• ('Inlrre (htka ti ARCHITECT'S CERTIFICATE FOR PAYMENT hl at•rordatut Will I the C'oul!;to Dotvna:nls, hawli nn fill site obaen;aions anti the Bala comprising Illis appliealn.m, the Architect certifies Ill lite Uwwr Ilmi In the hnI of lilt, Ardiiwel's knowlcdic, informaliou m%.d heiiel' the, WL)Tk has prol :tree :l ;n inrfitalkd, Or gnaiily ui the 1Vork is ill aceoniancc with the Ctnaract ih)emnenls, and the Cnnuadar is ultiticd to payment of Iha A.X -I0t I,N'I' CFR'fNJfFD. AMOUNT CERTIFIED, , .................................................. . .............. S fA!uxlr c�turrmlrliu,l if�annr.+rll c•e•Iiijird rliJ,,rr•rslrarr rLr url+r, +rnr,gyllirri. l+tiriallrlf jigru<•x no thir A14d ri'ulioe alld mr rile Crururn+ariurl Sheep !hat urr rfentgrd In ruly6)ml with /he (1nrraulr crdljipd.) ARCHITECT: By: Dale, 'Ibis t'rrliCtiale is nu! lievoliahle. `file AMOU \'I' (1:1011'il {D is payable only 10 the Contractor nailed herein. hm nuce, payment and arrcpcorcc of l Ywem ale• withom pieiLidicC it) ally right+ of the (hvner or ('I)Illlllt'Ipr under this Colilracl AIA Docunialit 67021'1- 1992. Copyright 1t) i953 1%'J, 1565. !971, 19,5. 1983 xid I9 ?'u, TI!1; A 1Iri an Ir. :htutu oI Pullitccts All rlghls resc+rved.'. rnrilttr,: i ii; Aii lJOIniflPrd p ni;,,,!r,,, :1711 s;, C ,ir,rutht trar !,W: I :0 >t. Ih I ii I- I:ny.1 rpw i..ii.ra n: di li,.ui :mini lhl= ;`IA iu,. of c i,l; � • 4i r,1 ac :44 r::d t.rn )In i i, l !iii; ,, - n•! qua I' p;i� :. hi ). u. k•- i11 • irr F'L'haswt; 31i; .2K(Ar:2 tell IQ ODD CS d OIS dt.Carlkllll ; dl_nw r :, :I,;lvi, To rewi; top }rit1hi ;l!<;n; ui AfA Connac -. Dv ,nnenti-. e ri;. Tiie Aineik:an lns4t l'e of Arcnilects' lega 617 �n5i�l cuplrigh:(jti ; a.orp. Croodwill Industries of'Southwest Florida, Inc. DR) 08 -10 Robert's Center, hlurricane Hardening Page 29 of 30 Packet Page -1254- �' 4/23/2013 16.D.3. CONTINUATION SHEET AIA DOCUMENT G-703 (Insiructions 01 reverse side) RGE OF .MA Document G"02, .011CATM kND (IRTIFICXTE FOR R."Y"IENT, APPI ICATION NO.: Containing Cori mjcux's signed CcnifJcation, is aamch°d. AHIIC.�FIO' D.iJ*E! .11 Oulations b.-low. ruoums :v sLlitd To the nearest drilix. PERIOD TO: i's-, Column ! -'_)n CorllrxEs vdic!t variWe rtta.wmge lox line items m2y aPpk. ­c . :Hi*r-­i 's PRQJrCT NU: H WORY TOTA L 1 T 1 NO, DFCRIPTION WORK 'i FRO" P"VIOUS p p, F S T Ly STORE C QV? LF T F D AND STORED TO N 'AGE iAl -AIZ'ftBLEi ""uE APPUC.06N TF�� PE!rCID I ''OT TO DATF C. Q F1 NISF lit (D = E, I I OR E; E; - G) m':a ", ., • LU ;Li� J:q�`[-'UTE - Ll - I , . CV .ARCH 173i NEIr )'()Z� WKING: Urifamsed photocopying violates US. copAht Ian and will subject IhD vi*Jarto legal pne- ution' G703•1992 CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Roberl's Center, Hurricane I lardening Page 30 of 30 Packet Page -1255- 4/23/2013 16.D.3. EXHIBIT A- I Contract Amendment -T't'2 Collier County Housing Authority DRVCDBG 2008 This amendment, dated Aoril 23. 2013 to tlie referenced agreement shall be by and between the parties to the original Agreement, the Collier County Housing Authority, (to be refened to as Submcipient) and Collier County, Florida, (to be referred to as "COUNTY"). RE: Contract 4 1 OD13-134-09-2 1 -01 -K09 414.228 Emergency Rule 9BER 09-2 "Collier ier County Housing Authority" DRI/CDBG- Hurricane Hardening Project Words &iv& Througb are deleted; Words Underlined are added: TIDE SUBRECIPIEN7 AGREES TO: IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using CDBG/DRI funding fo_r allowable costs, determined by COUNTY., in an amount not to exceed Six Hundred Twenty Seven Thousand Three Hundred Fifq, Dollars and 00/100, ( $627,350.00) in U.S. Dollars for the services described in Exhibit "A," All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENTT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements, The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by 14RAfS, which shall have access to all records and documents related to the projiect. The Count), shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work, tasks as accepted and approved by HHVS pursuant to the ,T submittal of monthly progress reports. lla ,eietits A +10 the SJJBT)-_1-1nTT--1 feejuested a-, "r- ses b4 not mefe ffeque it-ly +t­ .; ..... .. _ per mefAh. Paymen� will be made. e affd in eemplianee 0A... I 1 0 '71) Z'I- Of- -as-the cc en� T �i-ent'A411 be ewe urtil affwoved by Lll;�' Invoices for work nerformed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the Leguired back-up. a $0 invoice will be required. Explanations will. be required if two consecutive months of $0 invoices are submitted. Pavments shall be made to the SUBRECIPIENT when requested as work progresses but. not more frequently than once per month. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the mogEam but not invoiced within 90 days without CDBG,DRI 2008 Collier County Housing Authority Contract Amendment #2 Paon. I of 4 Packet Page -1256- 4/23/2013 16.D.3. ,VVritten excetation from the Grant Coordinator will not be reimbursed No payment will be made until anwoved by H1 VS for grant: comnliance and adherence to any and all alnlicable local state or Federal reauirements. Payment will be made upon receipt of a t�roperly completed invoice and in compliance with &218.70, Florida Statutes otherwise known as the "Local Government Prompt Payment. Act." 111E TIME OF PERFORMANCE The effective date of the Agreement between Collier County Housing Authority and Collier County shall be July 24, 2012. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. All services required hereunder shall be completed by the SUBRECIPIENT prior to June -21, 201 the current expiration date of disaster recovery agreement t'IODB- D4- 09- 21- O1 -KQ9. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. EXHIBIT "A" SCOPE OF SERVICES COLLIER COUNTY HOUSING AUTHORITY Farm Worker Village, Hurricane Hardening A. PROJECT SCOPE: On May 25, 2010, item 16D I O, the Board of County Commissioners accepted a federally- funded disaster recovery agreement #IODB- D4 -09=' 1- 01 -K:09 with the Florida Department of Ecoriornic Opportunity (DEO). The -most ^....cdlfi; ;i -- ukatagFee,. e wa On July 24, 2012. '-- Z-;est feeent a modification to the aforementioned agreement included the addition, of a hurricane hardening project at Farm Worker Village in Immokalee, Florida, Details of this project's scope of work are consistent with and support certain details of that agreement. The Collier County Housing Authority will undertake a Hurricane Hardening project at their facility, Farm Worker Village, whose ofnce is located at 1800 Farm Worker Way, Inuuokalee, Florida 34112, The sum of $627,350.00 will be used to create the projects plans and specifications, perform inspections, install impact resistant windows and exterior doors on approximately 90 housing units. The project will be further detained by the proiects bid results and contractor approval by the DEO. CDBG /l; IU 2008 Collier County Housing Authority Contract Amendment n2 Nap. 7 of4 Packet Page -1257- 3 0 M In 4/23/2013 16.D.3. The detailed project scope will be contained in the bid specifications, the contractors bid and the awarded construction contract. The project construction contract will include details sufficient to document the number, amount and costs associated with all activities. The project activities will meet the U.S. Department of Housing and Urban. Development's national objective to henefit low and moderate income areas. BUDGET: Collier County Housing, Human wid Veteran Services is providing Six Hundred Twenty Seven Thousand Three Hundred Fifty Dollars and No Cents (5627,350.00) in CDBG/DRI funding for the project scope described above. Line Item Description Multi-Unit Rehabilitation Hurricane HardeWng Professional Services Ptaris, S-pec. Inspections TOTAL PROJECT WORK PLAN CDBG Funds $627,-'s60.90 $600).350,00 $18,000.00 $627,350-00 The following Project Work .Plan is in effect for program monitoring requirements only and as such, is not intended to be used as a payment schedule. Date Start Date End Work Plan 612012 10/2012 Prepare project plans and specifications 4AL204,1 5/2013 4-2-42012 6/2013 Procure eligible Contractor(s) 4--242012 6/2013 X2013 812013 Obtain Permits and Contractor order materials 2-!—' -8t201 242-044 812013 Begin window and door installation 3 512G13 11/2013 Complete final inspections, and project closeout PAYMENT SCHEDULE The following table, details the project defiverables and payment schedule. CDBGfDRI 2009 ColfierCcunty Housing Authority Contract Amendment ;€2 Packet Page -1258- 4/23/2013 16.D.3. IN WITNESS WHEREOF, the SUBRECIPTENT and the County, have each, respectively, by an authorized verson or agent, hereunder set their hands and seals on this day of ,20 ATTEST: DWIGHT E. BROCK, CLERK Dated: (SEAL) First Witness (4- Hoa Type/print,xitness name Sec ?i�d)Nk'itness Type/print witness name BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Georgia A. Hiller, Esq Chairwoman, BCC Comniissioners Collier County Housing ty Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney CDBG/DRJ 2008 Collier County Mousing Authcrity I Contract Amendment i,12 Packet Page -1259- 4/23/2013 16.D.3. EXHIBIT A -1 Contract Amendment #2 Immokalee Non -Profit Housing, Inc, DB /A Immokelee Housing & Family Services Community Center Generator DRI/CDBG 2008 This amendment, dated April 23, 2013 to the referenced agreement shall be by and between the parties to the original Agreement, the Collier County Immokalee Non - Profit Housing, Inc. DB /A Immokalee Housing & Family Services, (to be referred to as Subrecipient) and Collier County, Florida, (to be referred to as "COUNTY "). RE: Contract # 1 ODB-D4-09-2 1 -0 1 -K09 914.228 Emergency Rule 9BER 09 -2 " Immokalee Housing & Family Services Community Center Generator" DRI /CDBG- Generator Project Words S—R& -1 elm'' hret h are deleted; Words Underlined are added THE SUBRECIPIENT AGREES TO: III. TIME OF PERFORMANCE The effective date of the Agreement between Immokalee Housing & Family Services and Collier County shall be July 24, 2012. The services of the SUBRECIPIENT shall be undertaken and completed in light of the.purposes of this Agreement. All services required hereunder shall be completed by the SUBRECIPIENT prior to June 2 1, 201 the current expiration date of disaster recovery agreement :910DB- D4- 09- 21- 01 -KO9. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using CDBG/DRI funding for allowable costs, determined by COUNTY, in an amount not to exceed Ninety Thousand Dollars and 00 /100, ($90,000.00) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal CDBG/DRI 2008 Immokalee Housing & Family Services Community Center Generator Contract Amendment #2 Page 1 of 3 Packet Page -1260- 4/23/2013 16.D.3. responsive and qualified bidder. Contract administration shall be handled by the SUBR.ECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. 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 HHVS pursuant to the submittal of monthly progress reports, Payments she4l be made to the 9;49REGIPIENT who upen reaeipt of a P!'e . " Ne payment will be made until approved by Hi !'VS. Invoices for work 1erformed are required every month If no work has been performed during thaLt month or if the SUBRECIPIENT is not M pMared 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 professes but, not more frequently than once per month Final invoices are due no later than 90 days after the end of the agreement Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until ,approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements Payment will be made upon receikt of a proWly completed invoice and in compliance with §218.70, Florida Statutes otherwise known as the "Local Government Prompt Payment Act." EXMBIT "A" SCOPE OF SERVICES Immokalee Housing & Family Services Community Center Generator C. PROJECT WORK PLAN The following Project Work Plan is in effect for program monitoring requirements only and as such, is not intended to be used as a payment schedule. Date Start Date End Work Plan 812012 „ 2/2013 Prepare project plans and specifications 4'3/2013 4. 412013 Procure eligible Contractor(s) +5/2013 26/2013 Obtain Permits and Contractor order materials 37/2013 38/2013 Begin generator installation §9/2013 $10/2013 Complete final inspections and project close out CDBG/DRt 2008 lmmokalee Housing & Family Services Community Center Generator Contract Amendment #2 Page 2 of 3 Packet Page -1261- 4/23/2013 16.D.3. IN WITNESS WHEREOF, the SUBRICIPIENT and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this day of .20 A'T'TEST: BOARD OF COUNTY COMMISSIONERS OF 17W1C'rl-1T E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Georgia A. hiller, Esq Chairwoman, BCC Commissioners Dated: (SEAL) First Witness Type/print witness name Second Witness Type/print witness name Immokalee Housing and Family Services i By: Susan Golden, Executive Director Approved as to fonn and legal sufficiency: Jerniifer B. White Assistant County Attorney aXI CDBG /DRt 2008 Immokalee Housing & Family Services Convnunity Center Generator Contract Amendmenl 92 Page 3 of 3 Packet Page -1262-