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Agenda 09/24/2013 Item #16D19n 9/24/2013 16.D.19. EXECUTIVE SUMMARY Recommendation to endorse a Memorandum of Understanding and Amendment #1 between Housing, Human & Veteran Services Department and the Parks & Recreation Department to build the Immokalee South Park Community Center with Community Development Block Grant (CDBG) funds. OBJECTIVE: Endorse a Memorandum of Understanding between two Collier County Departments. CONSIDERATIONS: On July 26, 2011 (item 10.H) formally (Item 16.D.13) the BCC approved the Collier County 2011 -2012 HUD Action Plan (AP). This AP contained funding for the construction of a community center to be located at Eagle Lakes Park in East Naples. On March 27, 2012 (Item 16.D.8) the BCC approved a substantial amendment to the 2011 -2012 HUD Action Plan reprogramming, the CDBG funds from the Eagle Lakes Park in East Naples to the Immokalee South Park Community Center. This was done after consultation with HUD and in order to avoid very stringent eligibility and monitoring requirements at the original Eagle Lakes site. Typically, a subrecipient agreement is created for grant funded arrangements, between Collier County and the subrecipient. However, in this case both parties (HHVS and P &R) are under the Collier County BCC agency, it was deemed more practical to develop an MOU arrangement that outlines the same requirements as would be in a subrecipient agreement. On July 25, 2012 HHVS and the Parks & Recreation Department entered into a Memorandum of Understanding (MOU) in order to outline each department's responsibilities regarding the construction of the Immokalee South Park Community Center. HHVS is seeking endorsement of the MOU between the two County Departments. ' HUD only requires there be a written agreement. The MOU has been reviewed and approved by the Grant Compliance Office of Collier OMB, the County Attorney Office, and Risk Management. On September 11, 2013 Amendment #1 was prepared to extend the end date of the project, remove an activity and further clarify departmental responsibilities. This item is brought to the Board in an abundance of caution and to assure knowledge of the arrangement pursuant to what has been previously approved by the Board. FISCAL IMPACT: Funds in the amount of $775,016 are available within the Housing Grants Fund (705) for FY 2011 CDBG Project (33176.2.5). LEGAL CONSIDERATIONS: Generally, written agreements between staff departments are not advisable. In this case, HUD requested the MOU. Going forward I will work with staff and HUD to see if there is some other document to memorialize the arrangement that may be presented to the Board with the Action Plan or as a separate item. As such, this item is approved as to form and legality and requires majority vote for approval. -JAB GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this MOU will further the Goals, Objectives, and Policies within the Housing Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners endorses the Memorandum of Understanding and Amendment #1 between Housing, Human & Veteran Services Department and the Parks & Recreation Department for the construction of the Immokalee South Park Community Center. Packet Page -2109- Prepared By: Sandra Marrero, Grants Coordinator Housing, Human and Veteran Services Packet Page -2110- 9/24/201316. D.19. n 9/24/2013 16.D.19. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.19. Item Summary: Recommendation to endorse a Memorandum of Understanding and Amendment #1 between Housing, Human & Veteran Services Department and the Parks & Recreation Department to build the Immokalee South Park Community Center with Community Development Block Grant (CDBG) funds. Meeting Date: 9/24/2013 Prepared By Name: MarreroSandra Title: Grants Coordinator,Housing, Human & Veteran Services 9/17/2013 8:49:09 AM Approved By n Name: GrantKimberley Title: Interim Director Date: 9/17/2013 10:51:34 AM Name: SonntagKristi Date: 9/17/2013 11:28:09 AM Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 9/17/2013 4:05:51 PM Name: MesaNancy Title: Accountant,Housing, Human & Veteran Services Date: 9/17/2013 4:12:02 PM Name: CarnellSteve Title: Purchasing /General Services Director Date: 9/17/2013 8:14:48 PM Name: RobinsonErica Date: 9/18/2013 8:19:41 AM Packet Page -2111- Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 9/18/2013 1:17:43 PM Name: KlatzkowJeff Title: County Attorney Date: 9/18/2013 2:41:49 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 9/18/2013 2:55:09 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 9/18/2013 5:30:00 PM Name: OchsLeo Title: County Manager Date: 9/18/2013 5:46:01 PM Packet Page -2112- 9/24/2013 16.D.19. COLLIER COUNTY Board of County Commissioners Item Number: 16.D.& 9/24/2013 16.D.19. Item Summary: Recommendation to approve a substantial amendment to the Collier County 2011 -2012 Department of Housing and Urban Development (HUD) Action Plan. The amendment will allow Community Development Block Grant (CDBG) funds in the amount of $773,016 to be re- programmed from Eagle Lakes Park to the Immokalee South Park, Meeting Date: 3/27/2012 Prepared By Name: Klopf'Wendy Title: Operations Coordinator,Housing, Human & Veteran Se 31612012 11:44:43 AM Submitted by Title: Manager - Fedora! /Stare Grants, HHVS Name: C:astorenaMargo 3/612012 1 1:44:45 AM Approved Bi Name: AlonsoHailcy Title: Administrative assistant ,Domestic Animal Services Date: 318,12012 9 :47:40 AM Name: CastorenaMargo Title: Manager - Federal/State Grants, HHVS Date: 3/8/2012 16:19:55 AM Name: GrantKimberley Title: Interim Director, HHVS Date: 3/912012 8--?7 :4b AM Name. AckermanMaria Title: Senior Accountant, Grants Date: 3/9/2012 1:34:19 PM Packet Page -2113- Name: StanleyTherese Title: Manapement/Budget Analyst, Senior,Office of Management &. Budget Date: 3/14/201.1 2:32:28 PM Name: White.lennifer Title: assistant County Attomey,Courny Attorney Date: 3/14/2012 5:09:03 PM Name: CarnellSteve Title: Director - Purchasing/General Services,Purchasing Date: 3/15/2012 12:45 :49 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior.Oftice of Management & Budget Date: 3115/2012 8:57:46 PM Name: Kiat�.ow,lcff Title: County Attorney Date: 3/1612012 2:22:30 PM Flame: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date: 3/1612012 4 :12:39 PM Name: OchsLeo Title: County Manager Date: 3119/2012 2:35:58 PM Packet Page -2114- 9/24/2013 16.D.19. 9/24/2013 16.D.19. EXECUTIVE SUMMARY Recommendation to approve a substantial amendment to the Collier Count} 2011 -2012 Department of Housing and Urban Development (HUD) Action Plan. The amendment will allow Community Development Block Grant (CDBG) funds in the amount of 5775,016 to be re- programmed from Eagle Lakes Park to the Immokalee South Park. OBJECTIVE: Spend CDBG funding in a compliant manner on a different compliant project in order to simplify on -going monitoring requirements. CONSIDERATIONS: On July 26. 201 1 (ItemIOH) the BCC approved the Collier County 2011 -2012 HUD Action Plan (AP). This AP contained funding for a community center to be located at Eagle Lakes Park in East Naples. Upon consultation with HUD officials, staff recommends the $775,016 in CDBG funding be transferred for use in the construction of a community center located at the Immokalee South Park in Immokalee FL. CDBG funding used at the Immokalee location qualifies under HUD's "Low Mod Area Benefit" national objective because of the area's designation where at least 51% percent of the residents are Low Income. Because Eagle Lakes Park is not located in a Low Mod Area, HUD eligibility requirements are much more restrictive at the East Naples location. Use of funds at the East Maples location would have required very stringent eligibility and monitoring requirements. To accommodate the reprogramming, impact fee funds originally allocated to the Immokalee South Park community center will be reassigned to the East Naples Park community center. This way both communities 1001 will have community centers built as originally planned, designed and presented to the BCC and Collier constituents. The proposed reprogram will simply allow more citizens access to the Eagle Lakes community center, provide for less restrictive HUD monitoring standards, and require less staff time to ensure all federal requirements are satisfied. As required by Collier's Citizen Participation Plan, this re- program of federal funds has been advertised for a 30 day period in two (2) newspapers of general circulation; as well as on the HHVS website. The public comment period was Februan 2, 2012 to March 3, 2012 and no public comments were received. Once this action has been approved by the BCC, HUD will be notified of the substantial amendment. FISCAL IMPACT: Approval of this item will have no additional effect on ad valorem or general fund dollars. CDBG grant funds are available within the Housing Grant Fund (705), Project 33176. GRO"A'TH MANAGEMENT IMPACT: Implementation of this subrecipient Grant agreement will further the goals, objectives and policies of the County's Growth Management Plan. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This item require a majority vote. -JB W RECOMMENDATION: Approve a substantial amendment to the CDBG action plan providing a transfer of grant funds from Eagle Lakes Park to Immokalee South Park.. Prepared by: Margo A. Castorena. Federal Grants Manager Housing, Human and Veteran Services Department Packet Page -2115- 9/24/2013 16.D.19. Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News --------------------------------------------------------------------------- CC HOUSING,HTJMAN &VETERAN SERV W=EY KLOPF 3339 TAMIAMI E #211 NAPLES FL 34112-5361 REFERENCE: 055465 59676508 COLLIER COUNTY, FLORK State of Florida I Counties of Collier and Lee f Before the undersigned authority, personaigg appeared Debbie Landreth, who on oath says she serves as the Controller, of the Naples to@W_QMV*1 it ON 0 Mv'iwj� tu 201UM12 Ul Doom"" of sapd Uft'n 1� OW AOM Pun, T#* am"* va of 60 'A 0 News, a daily newspaper published at Naples' in Collier County, Florida: distributed in cow caws. and Lee counties of Florida; that the weti us,,** Cd WUM ?Wb mow =%M WOOMMS" tM CMVVAO�M of a attached copy off advertising was published cow Or to* newspaper on dates listed. Parb WW RWOW- D—MnoM a tl=s 40 Affiant further says that the said Naples "I "w "d ad "MOM" %Wk WM so.be MM-W "-W *W be MW tw'= ft.W4WWW M* ftVWM� =1 News is a newspaper published at Naples, in; Collier County, Florida, and that the said PAk cow"M Mal "my z = MeW& 36 ift 04 0 newspaper has heretofore been continuously 6 M 0 .0 af day and has been entered as second class ma.. 7 1 Saft,zii. ijMsML 11,M112, TAO CaaWWRI MONO U) 44 ma:. ter at the post office in Naples, in saic" ,Wdm IS do" CTMW Collier County, Florida, for a period of j w ow M*mh 27. WIZ 4,40W �"ef I" *Mid I _'t an t* Aw"O next preceding the first publication of the 'r Mu too my ow M pocw� br =09 !=d&VNW k�1114 AMeAM *0 040fta'Ad w 04 MMM attached copy of advertisement; and affiant W _ jjw �OWS. offiNk j* 00 2U4W -48W tM ='; 1 7 2414v"Mw FW MUM" further says that he has neither paid nor dW1XWqDMW*W**00ftj'_._' promised any person, firm or corporation discount, rebate, commission or refund for the purpose of securing this advertisement for publication. in the said newspaper. PUBLISHED ON: 02/02 AD SPACE: 58 L_TNE FILED ON; 02/02/12 --------------------- Signature of Affiant Sworn to and Subscribed before me this (o day of er i 2 0� Personally known by me Packet Page -2116- KAROL E XAWJAS Notary Poft - State of PWrktz My Caw. Eq*es ad 29.2013 .--) COMMISSkoft # DO 912237 1 9/24/2013 16.D.19. MEMORANDUM OF UNDERSTANDING BETWEEN COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT AND THE COLLIER COUNTY PARKS AND RECREATION DEPARTMENT FOR IMMOKALEE SOUTH PARK COMMUNITY CENTER TITLE: Memorandum of Understanding (MOU) between Housing, Human & Veteran Services (HHVS) department and Collier County Parks and Recreation department for a United States Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) grant. CDBG PROJECT: HUD Grant # B- 11 -UC -12 -0016 CD11 -07 IDIS #419 PURPOSE: The purpose of this Memorandum of Understanding (MOU) is to establish the duties and responsibilities of the respective County departments for oversight of the construction and of the Immokalee South Park Community Center in Immokalee Florida, paid with CDBG funds. TERM: This MOU covers the time period effective as date of last execution on Page 13 of this M.O.U. through October 1, 2013. SCOPE OF SERVICES: Grant funding may be used for the construction of the Immokalee South Park Community Center located within Immokalee, Collier County. Construction costs will include costs associated with the infrastructure, and construction of the Community Center building only. In order to assure the final outcome of a community center is achieved, the final 10% of the grant amount will be withheld until the demonstrated goal has been accomplished. The detailed project scope will be contained in the schedule of values awarded under a Board of County Commissioner approved contract for the project's construction. The construction contract will include details P I MOU HHVS /P &R age 1 of 18 Immokalee South Park Community Center CD11 -07 IDIS #419 Packet Page -2117- 9/24/2013 16.D.19. sufficient to document the number, amount, and costs associated with all activities. AMENDMENT: This MOU may only be amended or modified in writing. TERMINATION: Either party may discontinue its participation under this MOU at any time, with or without cause, upon thirty (30) days written notice to the other party. CDBG Parks and Recreation Department: Collier County Parks and Recreation Department Attention: Parks and Recreation Director 15000 Livingston Rd Naples, FL 34109 Collier County Housing, Human and Veteran Services Department Attention: Housing, Human and Veteran Services Director 3339 E. Tamiami Trail, Suite 211 Naples, FL 34112 UNDERSTANDING BETWEEN PARTIES Under this MOU, HHVS will provide grant funds for the Immokalee South Park Community Center in Immokalee Florida. The grant will be utilized to pay construction of the community center. Collier County Parks and Recreation Department agrees to: 1. Accept as full compensation the total amount not to exceed $775,016 for this project; 2. Provide adequate staff at all times during the MOU period to carry out the responsibilities of this MOU; 3. Install signs as needed for program compliance that are consistent with the zoning and other Collier County standards; of each month. 4. Provide for monthly pay reimbursement submittals to grant coordinator; 5. Mount a temporary construction sign approved by HHVS for HUD and grantee recognition; 6. Run and provide HHVS copies of all (Excluded Parties List System) EPLS reports for any contractor working on the on the project, prior to entering into any contracts; 7. Attend and participate in HHVS Pre - Construction conference with General Contractor; 8. Comply with Davis -Bacon Act requirements (i.e., Obtain and collect and provide HHVS weekly payroll for Davis Bacon and supporting required documentation. Work with General Contractor to rectify any Davis Bacon Payroll /issues, etc.) ; Page 2 of 18 MOU HHVS /P &R Immokalee South Park Community Center CD11 -07 I DIS #419 Packet Page -2118- 9/24/2013 16. D .19. 9. Comply with competitive procurement requirements. (i.e., Coordinate /Work with and provide documentation to Collier County Purchasing Department for the bidding process, provide to HHVS for review, etc.); 10. Coordinate with any other County Departments as needed; 11. Include all Section 3 WOBE /MORE reference in bid solicitation and coordinate and obtain all Section 3 documents from contractors if applicable and maintain compliance throughout the project. Provide to HHVS for review; 12. Obtain and provide HHVS with a copy of all contracts /subcontracts for the project at the time of contract execution; 13. Provide any and all information requested by HHVS for reporting, such as but not limited to Section 3, and Federal Funding Accountability and Transparency Act(FFATA); 14. Obtain all written approval necessary for Change orders /budget amendments etc; 15. Submit all invoices on AIA G702 -1992 form with supporting documentation to HHVS for review and reimbursement; 16. Provide to HHVS copies of all bid documents, permits, inspections reports and C.O. of building; 17. Supply HHVS with a Point of Contact for Davis -Bacon Act, Fiscal, Reporting, Project Management; 18. Comply with updates to this MOU as needed; 19. Ensure Parks and Recreation payment amounts are accurate and timely; 20. Ensure timeliness and program requirements are met for project; 21. Comply with all other terms and conditions of this MOU. 22. Provide proof of Environmental conducted for the EDI grant 23. Ensure all procurement laws are followed; 24. Ensure all materials purchased and billed for the project is for immediate use, stored materials are not allowed. All requests for reimbursement shall be requested after materials are installed. 25. Parks staff will be responsible to take and provide HHVS with date stamped job site tour pictures of the project on a weekly basis and provide these pictures to HHVS by close of business every Friday until receipt of the Certificate of Occupancy. If the pictures will not be able to be provided by the deadline above, then HHVS must receive written notification containing an explanation as to why there was a delay, along with the pictures by the close of business on the following business day. BUDGET: Collier County Housing, Human and Veteran Services is providing Seven Hundred Seventy Five Thousand Sixteen Dollars and 00/100 ($775,016.00) in CDBG funding for the Construction of the Immokalee South Park. Page 3 of 18 MOU HHVS /P &R Immokalee South Park Community Center CDII -07 IDIS#419 Packet Page -2119- 9/24!2013 16.D.19. Line Item Description CDBG Funds All costs associated with Construction of community center TOTAL $775,016.00 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 Summer 2012 Winter 2012 Solicitation of bid for construction Winter 2012 Fall 2013 Construction begins Fall 2013 I October 1, 2013 Complete Project PAYMENT SCHEDULE The following table details the project deliverables and payment schedule. Deliverable Payment Schedule i Building Construction Submission of monthly invoices on AIA G702 -1992 form (attached to Exhibit C) or equivalent document per contractor's Schedule of Values. Supporting documents must be provided as back up• Completed Community Center Final 10% ($75,502.00) released upon Certificate i of occupancy. Page 4 of 18 MOU HHVS /P &R Immokalee South Park Community Center CD11 -07 IDIS #419 Packet Page -2120- 9/24/2013 16.D.19. NOTICES All notices required to be given under this MOU shall be sufficient when delivered to the respective County departments at the addresses listed in this MOU. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT The Parks and Recreation Department shall implement this MOU in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHVS' Policies and Procedures memoranda. Should the project receive additional funding after the commencement of this MOU, the Parks and Recreation Department shall notify HHVS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by HHVS or its designee within forty -five (45) days of said official notification. B. DEBARMENT The Parks and Recreation Department 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 PARKS AND RECREATION DEPARTMENT 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. C. LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS The PARKS AND RECREATION DEPARTMENT agrees to comply with any applicable laws, ordinances, regulations and orders of the State, local and Federal governments, including, but not limited to: 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. Title VI of the 1964 Civil Rights Act, 42 USC § 2000d, et. seq. 4. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 5. 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. Page 5 of 18 MOU HHVS /P &R Immokalee South Park Community Center CD11 -07 1 DIS#419 Packet Page -2121- 9/24/2013 16.D.19. 6. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. 7. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 8. Age Discrimination Act of 1975. 9. Contract Work Hours and Safety Standards Act, 40 USC 327 -332. 10. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5). 11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 12. 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)). 13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 14. 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. 15. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 16. OMB Circular A -133 - concerning annual audits. 17. OMB Circular A -87 - which identifies cost principles. 18. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. 19. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the PARKS AND RECREATION DEPARTMENT to comply with the laws referenced herein shall constitute a breach of this MOU, and the County shall have the discretion to unilaterally terminate this MOU immediately. Does this language mean that Parks and Rec is responsible for ensuring that the contractor and other parties performing work under the construction contract are fully compliant with the law? That would not be possible given that Parks would not have access to hiring and other compliance related information held by private contractors. Page 6 of 18 MOU HHVS /P &R Immokalee South Park Community Center CD11 -07 IDI5#419 Packet Page -2122- 9/24/2013 16.D.19. 20. Chapter 112, Florida Statutes. 21. Section 3 Compliance - 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 Grantee, the Parks and Recreation Department and any of the Parks and Recreation Department's Parks and Recreation Departments and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Parks and Recreation Department and any of the Parks and Recreation Department's Parks and Recreation Departments and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Parks and Recreation Department certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Parks and Recreation Department further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this MOU: "The work to be performed under this MOU is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low- income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low- income persons residing in the metropolitan area in which the project is located." The Parks and Recreation Department further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to low - and very low- income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low- income persons residing within the metropolitan area in which the P MOU HHVS /P &R age 7 of 18 Immokalee South Park Community Center CDJI -07 1DIS#419 Packet Page -2123- 9/24/2013 16.D.19. 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 Parks and Recreation Department certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. a. Notifications The Parks and Recreation Department agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. b. Subcontracts The Parks and Recreation Department will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Parks and Recreation Department will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 22. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. Subpart K: Other Program Requirements: 570.601: Public Law 88 -352 and Public Law 90 -284; affirmatively furthering fair housing; Executive Order 11063. (a) The following requirements apply according to sections 104(b) and 107 of the Act: (1) Public Law 88 -352, which is title VI of the Civil Rights act of 1964 (42 U.S.C. 2000d et seq.), and implementing regulations in 24 CFR part 1. (2) Public Law 90 -284, which is the Fair Housing Act (42 U.S.C. 3607 - 3620). In accordance with the Fair Housing Act, the Secretary requires that grantees administer all programs and activities related to housing and community development in a manner to affirmatively further the policies of the Fair Housing Act. Furthermore, in accordance with section 104(b)(2) of the Act, for each community receiving a grant Page 8 of 18 MOU HHVS /P &R Immokalee South Park Community Center CD11 -07 IDIS #419 Packet Page -2124- 9/24/2013 16.D.19. under subpart D of this part, the certification that the grantee will affirmatively further fair housing shall specifically require the grantee to assume the responsibility of fair housing planning by conducting an analysis to identify impediments to fair housing choice within its jurisdiction, taking appropriate actions to overcome the effects of any impediments identified through that analysis, and maintaining records reflecting the analysis and actions in this regard. (b) Executive Order 11063 as amended by Executive Order 12259 (3 CFR 1959 -1963 Comp., p. 652; 3 CFR 1980 Comp., p. 307) (Equal Opportunity in Housing), and implementing regulations in 24 CFR part 107, also apply. D. SUBCONTRACTS Any work or services subcontracted by the Parks and Recreation Department shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this MOU and applicable County, State, and Federal guidelines and regulations. Prior to execution by the PARKS AND RECREATION DEPARTMENT of any subcontract hereunder, such subcontracts must be submitted by the PARKS AND RECREATION DEPARTMENT to HHVS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Scope of Services set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department, Florida Statutes and HUD. Reimbursements for such services will be made at PARKS AND RECREATION DEPARTMENT is responsible to pay its consultants. None of the work or services covered by this MOU, including but not limited to consultant work or services, shall be subcontracted by the PARKS AND RECREATION DEPARTMENT or reimbursed by the COUNTY without written approval of the HHVS department or its designee. ADMINISTRATIVE REQUIREMENTS A. DOCUMENTATION AND RECORDKEEPING 1. The PARKS AND RECREATION DEPARTMENT shall maintain all records and documents pertaining to this project for a minimum of six (6) years from the date of receipt of Certificate of Occupancy required by CDBG 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the PARKS AND RECREATION DEPARTMENT for the purpose of this MOU shall be made available to HHVS by the PARKS AND RECREATION DEPARTMENT at any time upon request by HHVS. Upon completion of all work contemplated under this MOU copies of all documents and records relating to this MOU shall be surrendered to HHVS if requested. In any event the PARKS AND RECREATION Page 9 of 18 MOU HHVS /P &R Immokalee South Park Community Center CD11 -07 IDISk419 Packet Page -2125- 9/24/2013 16.D.19. DEPARTMENT shall keep all documents and records for six (6) years after expiration of this MOU. 3. The PARKS AND RECREATION DEPARTMENT shall submit reports as required to assist the HHVS in the preparation of HUD Labor Relations, WBE /MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. The PARKS AND RECREATION DEPARTMENT shall submit detailed monthly progress reports to the HHVS Grants Coordinator outlining the status of specific activities under the project on or before the 10th of each month. Each report must account for the total activity for which the PARKS AND RECREATION DEPARTMENT is paid with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. On site monitoring will occur at minimum of one (1) time monthly, and as needed in order to assure compliance with Federal and Local Requirements including Davis Bacon. 5. The PARKS AND RECREATION DEPARTMENT 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. PARKS AND RECREATION DEPARTMENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the PARKS AND RECREATION DEPARTMENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 6. The PARKS AND RECREATION DEPARTMENT further agrees that HHVS shall be the final arbiter on the PARKS AND RECREATION DEPARTMENT's compliance with the above. B. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES COUNTY AND HUD REQUIREMENTS The PARKS AND RECREATION DEPARTMENT agrees to utilize funds available under this MOU to supplement rather than supplant funds otherwise available for specified activities. C. WRITTEN APPROVALS (1) All subcontracts and agreements proposed to be entered into by the PARKS AND RECREATION DEPARTMENT pursuant to this MOU; (2) All change orders; D. PURCHASING Page 10 of 18 MOU HHVS /P &R Immokalee South Park Community Center CD11 -07 I DIS #419 Packet Page -2126- 9/24/2013 16.D.19. All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by OMB Circular A -87, "Cost Principles for State and Local Governments and 24 CFR Part 85, "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments," as modified by 24 CFR 570.502(a). E. GRANT CLOSEOUT PROCEDURES PARKS AND RECREATION DEPARTMENT's obligation to the HHVS and 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, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. Final request for reimbursement and supporting documentation to be received no later than December 31, 2013. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The PARKS AND RECREATION DEPARTMENT 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 MOU on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the HHVS shall have the right to terminate this MOU 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 PARKS AND RECREATION DEPARTMENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services, the PARKS AND RECREATION DEPARTMENT shall make a positive effort to utilize small business and minority /women- owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this MOU. To the maximum extent feasible, these small business and minority /women -owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. CONFLICT OF INTEREST The PARKS AND RECREATION DEPARTMENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or Page 11 of 18 MOU HHVS /P &R Immokaiee South Park Community Center C D11 -07 I DIS #419 Packet Page -2127- 9/24/2013 16.D.19. degree with the performance of this MOU and that no person having any conflict of interest shall be employed by or subcontracted by the PARKS AND RECREATION DEPARTMENT. Any possible conflict of interest on the part of the PARKS AND RECREATION DEPARTMENT or its employees shall 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. D. PUBLIC ENTITY CRIMES As provided in § 287.133, Fla. Stat. by entering into this MOU or performing any work in furtherance hereof, the PARKS AND RECREATION DEPARTMENT 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), Fla. Stat. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The PARKS AND RECREATION DEPARTMENT agrees to comply with the following requirements: 1. Clean Air Act, 41 USC 7401, et seq. 2. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002), the PARKS AND RECREATION DEPARTMENT 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. Accounting /Parks & Recreation Fiscal Section agrees to: I. Track expenditure of HUD funds for the project In SAP system; 2. Ensure accuracy and program compliance for all and review payment requests; submit invoices, SAP reports showing expenditures that will match invoice amounts, copies of cancelled checks, HHVS reimbursement form and any other supporting documents requested for MIGO or internal reimbursement(s). The request for reimbursement should be submitted monthly no later than the 101h of each month along with the monthly report(attached page 18.) If there will not be a request for reimbursement for any given month during the contract MOU HHVS /P &R Page 12 of 18 Immokalee South Park Community Center CD11 -07 IDIS #419 Packet Page -2128- 9/24/2013 16.D.19. period, then a request for reimbursement should still be submitted and marked as $0.00 dollars being requested. Documents required for reimbursement may include and not be limited to the following: A. Certification of work completed by a representative of Parks and Recreation B. Certification of work completed by as indicated on AIA Document G702 -1992 C. Payment Request Form (attached page 17) D. A spreadsheet with grant balance break -down E. AIA documents with supporting receipts etc ... adding up amount requested F. Proof of payment being made to General Contractor G. Any releases provided H. Include the Certificate of Occupancy with Final request for reimbursement 3. Track funds via spreadsheets and /or reports; 4. Coordinate with HHVS Fiscal Department as needed; 5. Ensure Parks and Recreation payment amounts are accurate and timely; 6. Ensure timeliness and program requirements are met for this project; Housing Human & Veteran Services agrees to: 1. Administer HUD funds; 2. Conduct a Pre- Construction meeting with Parks staff and General Contractor and provide forms for Davis Bacon; 3. Provide support and technical assistance until close out of project; 4. Monitor the project for program compliance; 5. Monitor project and determine if duties, budgets and expenditures are performed responsibly; 6. Coordinate with HHVS, Parks and Recreation and HHVS Fiscal staff as needed; 7. Review submitted monthly report and give status of any issues to Grants Manager; 8. Review payment requests to determine if packet is correct and complete and route to additional HHVS payment request reviewers; 9. Meet Coordinate with Parks and Recreation staff as needed; 10. Ensure timeliness and program requirements are met for this project; Accounting /HHVS Fiscal Section agrees to: 1. Track expenditure of HUD funds for the project In SAP system; 2. Review payment requests and issue MIGO or internal reimbursement(s); 3. Track funds via spreadsheets and /or SAP reports; 4. Coordinate with Parks Fiscal Department as needed; 5. Ensure Parks and Recreation payment amounts are processed accurately and in a timely manner; 6. Ensure timeliness and program requirements are met for this project; Page 13 of 18 MOU HHVS /P &R Immokalee South Park Community Center CD11 -07 1 DIS#419 Packet Page -2129- 9/24/2013 SIGNATURES: Each part to this MOU has caused it to be executed effective -7 '' a�'� c• Kimberley Grant Interim Director Date Collier County Housig/,�Human & Veteran Services Barry iMillianjs Director Date Collier County Parks & Recreation Department Steve Carnell Interim Administrator Collier County Public Services Division Date 16.D.19. ** *Steve Carnell is signing as the Interim Administrator for both departments represented on this document. * ** Page 14 of 18 MOU HHVS /P &R Immokalee South Park Community Center CO11 -07 I DIS#419 Packet Page -2130- 9/24/2013 16.D.19. -#,;AM. Document G702 -1992 Application and Certyf"rcate for Payment TOMB: PROJECT: APPIJCATNNf NO, DisD kft to: PE070: DINNER 0 CONVACFFOR: ARC1fW 0 FRORD11TRACTOR: SAWTECT: CONTRACT DATE CONfAACTOR 0 PROJECT NOS: i NETCHAMGFSb xOrdet FIELD 0 OTHER. 0 CONTRACTOR'S APPLICATION FOR PAYMENT A*cifioo hiniiiefor payment, m shown beim. in cmunion with doe Corona. CoMmu aaShop, MU DxumM 6703. is attxW. 1. 00WALCONTRACTSIAI ......................... ..........................::... S 2,1NcWWbyCM * 0* m .................. ............................... S� S.CONTRACTSWTODATE(Lioc I i2) ......:.... ............................... S 4. TOTALCOrPIETEDt STORWTODATE (ColumoGoAG703i ............. S i RETADIAGE i _% of CompkW Work (Column D +EonG703) S b. _%d5lomd Material (Column Fon 6703) S ToWRetmmge( Unes5a +5borToWin Column lofG703i....... S i. TOTAL EARNED LESS RUAIWAGE ..... ...::.......................... S (line 4 Less Une S Toil) I. LWPff= CEIffUTESFORPAYMEN T ...................... $ (Line ti hom Prior Cenifiatel L CURRENT PATfENI DUE .............. ............................... 9, MAKE TO FOR, I NXIIDWG RETANIAGE (Line 3 ku Line b) $ CRANGEOMSUMMARY I ADDMOMM DEDUCTIONS IToWdtaage WMyedmpmviwmoruhsby0wnerlS S Toni appmsvd Ibis Month S 5 TOTAI S .S S NETCHAMGFSb xOrdet S The unclemped Coemaor oatifici dm to flit bw of the Contracts c hpwwm iofartmbon sad belief dr Work covered by this Application for Paymad his been compkud is =DWaoce With the Colima Doaniena flat all Mounts havc bun Pied by the Contractor for Wait for which prtrioos Cenifnta fora mu t were iswi d and paym a maived from lk owner, and tint em117r1 paymew shown hudo is now due. CONTRACTOR: By: Date: S1* of: CounIY of: StlknbW and scan to bdom meths dayof Notary Pubic: My Commission expires: ARCHITECT'S CERTIFICATE FOR PAYMENT In sanrdala ivirh die Corona Docutim, beard on oa- sleobi rrvations and the dw cono* this applisx m it Atdmect muftis to the Owner dw to the best of the Aschnuct's htmWge, inforuroion and belief the work bas pmpased as Wiamd,.the quality of the wort is is axoldana with the Cotloaet Dosarmeras, awl the Contractor is enfifW a payment of the AMOUNiCERTMED. AWTCERTIFED.............................. - __ ...................... _ .............. S (lunch esplawhon if amormt artifseigen from Ow ounant nowd: Inindoli frgura on dris Appfsawioa and on he Caatoua wnAmfhatare rhmged mc*m with Ae Own reesgied.) ARCHITECT: BT pace: This Cetdficaic a not n�odtibk: The AMOUNT CERTTFIEOif Pop* only to tine Cemreeloc wised Win. Issnma, papmatt aodaaeptm of 4rymm me without preprdice to any A# b of the Owen or Cowaclor entire this Cftw AIA DsatsreN G70aTM- 31992 Capplyd 0192,19x7 W5,1971, 19M, 1983W 1992 q DWAmeddiin tsflo of WOOL ADS" rMrasd WAMG: Us NO Woome n WoMM of, 3115. GopNM last and intenwbnaTrades. Unauthoneedreprodueaonorditilko nofinsAWDoaonew ,aanyportlonofn,soyreWtinxwch9 3W csimkaet peon. 4AdaWbeapseaeedtoorimum inemm pom ble under the ow. Puctem N penrnbed to rep c&o Im TIN ropes of dds OoWW aAam moend. Tompodaopinpht 06a6en5 0, ALA CemnsctDgumts, emai Tae Madan fnmq* of Aftet, opal rowreel, wDf "Lin lmmokalee Housing & Family Services Energy Efficiency Upgrades Page 22 of 29 2010 -HOME HM 10 -03 Page 15 of 18 MOU HHVS /P &R Immokalee South Park Community Center CDI1 -07 IDIS #419 Packet Page -2131- 9/24/2013 16.D.19. COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT REQUEST FOR PAYMENT Parks and Recreation Department Name: Collier Countv Parks & Recreation Department Parks and Recreation Department Address: 150000 Livingston Road, Naples FL 34109 Project Name: Immokalee South Park Community Center Project No: CD11 -07 Payment Request # Dollar Amount Requested: $ 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account $775,016 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) $ 1 certify that this request for payment has been drawn in accordance with the terms and conditions of the MOU between the Parks and Recreation Department, and HHVS. I also certify that the amount of the Request for Payment is not in excess of current needs. Authorizing Grant Coordinator Supervisor Dept Director Signature Title Date (approval authority under $14,999) (approval required $15,000 and above) Page 16 of 18 MOU HHVS /P &R Immokalee South Park Community Center CDI1 -07 IDIS#419 Packet Page -2132- 9/24/2013 16.D.19. CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing, Human and Veteran Service's staff by the 10t" of the following month. Status Report for Month of ubmittal Date: Project Name Immokalee South Park Community Center Project Number CD11- 07 Activity Number XXX Parks and Recreation Department: Collier County Parks & Recreation Department Contact Person Barry Williams Telephone: 239 -2S2 -4035 Fax: E -mail: barrywilliams@colliereov.net month): 1. Activity Status /Milestones (describe any action taken, relating to this project, during the past What events /actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. project. 4. List any additional data relevant to the outcome measures listed on the application for this 5. Identify any potential issues that may cause delay. Page 17 of 18 MOU HHVS /P &R Immokalee South Park Community Center C DII -07 I DIS #419 Packet Page -2133- 9/24/2013 16.D.19. New contracts executed this month (if applicable): Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on following page) Ethnicity (see definitions on following page) i Page 18 of 18 MOU HHVS /P &R Immokalee South Park Community Center CD11 -07 IDISN419 Packet Page -2134- 9/24/2013 16.D.19. Grant 4 - B- 11 -UC -12 -0016 CFDAICSFA# - 14.218 Subrecivient — Collier Countv Parks & Recreation DUNS # - 076997790 FETI # - 59- 6000558 FY END 9 -30 Monitoring Deadline 3 -01 -19 15t AMENDMENT to the MEMORANDUM OF UNDERSTANDING BETWEEN COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT AND THE COLLIER COUNTY PARKS AND RECREATION DEPARTMENT FOR IMMOKALEE SOUTH PARK COMMUNITY CENTER This Amendment is entered into this day of 1;'2013, by and between Collier County Parks and Recreation, herein after referred to as SUBRECIPIENT and Collier County Housing Human & Veteran Services Department, herein after to be referred to as "HHVS," collectively stated as the "Parties." WHEREAS, on July 25, 2012, HHVS entered into an agreement with the SUBRECIPIENT for Community Development Block Grant Program funds to be used for the construction of the Immokalee South Park Community Center (hereinafter referred to as the "M.O.U. "); and WHEREAS, the Parties desire to amend the Agreement to make modifications throughout. NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend the Agreement as follows: Words St + -Tl -6%h are deleted; Words Underlined are added Page 1 of 5 Amendment #1 to the MOU HHVS /P &R Immokalee South Park Community Center CD11 -07 IDIS#419 Packet Page -2135- 9/24/2013 16.D.19. CDBG PROJECT: HUD Grant # B- 11 -UC -12 -0016 CD11 -07 IDIS"19 TERM: This amendment to the M.O.U. executed on July 25 2012 between HHVS and Parks and Recreation covers the time period effective as date of last execution on Page 13 of tWs the original executed M.O.U. through March 1, 2014. For final reimbursement final documentation must be submitted within 60 days of construction completion which is March 16, 2014 and all construction must be complete by January 15 2014 Qe49beF 1, 20 SCOPE OF SERVICES: Grant funding may be used for the construction of the Immokalee South Park Community Center located within Immokalee, Collier County. Construction costs will include costs associated with the :^42StF..,.F,,. a" vertical construction of the Community Center building only. In order to assure the final outcome of a community center is achieved, the final 10% of the grant amount will be withheld until the demonstrated goal has been accomplished. The detailed project scope will be contained in the schedule of values awarded under a Board of County Commissioner approved contract for the project's construction. The construction contract will include details sufficient to document the number, amount, and costs associated with all activities. Understanding between Parties 26. As of October 1. 2013 the Parks and Recreation Department will jointly conduct Davis Bacon Interviews with HHVS on the construction site. All copies will be submitted to HHVS. 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 Summer 2012 Winter 2012 Solicitation of bid for construction ••�nteF,399 2 Winter 2014 Construction beg+f+s Amendment #1 to the MOU HHVS /P &R Page 2 of S Immokalee South Park CDmmunityCenter CD11 -07 IDLW419 Packet Page -2136- 9/24/2013 16. D .19. ` Summer 2013 1 93 gall 22913 January 15, Construction Complete PFejec4 Winter 2014 2014 8etebeF GRANT CLOSEOUT PROCEDURES PARKS AND RECREATION DEPARTMENT's obligation to the HHVS and 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, wAspent eash advanees, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. to addition to the records retention outlined in Section VII.B 2 the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance preservation and retention Final request for reimbursement and supporting documentation to be received no later than March 1, 2014 Deeember 31, 2913. LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS 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 in accordance with the attached Exhibit 1 listing The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. DOCUMENTATION AND RECORDKEEPING 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 Page 3 of 5 Amendment #1 to the MOU HHVS /P &R Immokalee South Park Community Center CD11 -07 ID1S"19 Packet Page -2137- 9/24/2013 16.D.19. Permanent and secured location for four (4) years after expiration of this Agreement with the following exception: if anv litigation claim or audit is started before the expiration date of the four (4) year period. the records will be maintained until all litigation claim or audit findings involving these records are resolved. The COUNTY /HHVS 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. BUDGET Modifications to the "Budget and Scope" may only be made if approved in advance Budgeted fund shifts between cost categories and activities not more than 10% does not signify a change in scope. All improvements specified in 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 County shall reimburse the SUBRECIPIENT forthe performance of this Agreement upon completion or partial comp letion 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 vet prepared to send the required backup, a $0 invoice will be required Explanations will be required if two consecutive months of 50 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequentiv 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 Pavment 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 (Signature Page to fallow) Amendment #1 to the MOU HHVSfP &R Page 4 of 5 Immokatee South Park Community Center CDII -07 IDIS#419 Packet Page -2138- 9/24/2013 16.D.19. SIGNATURES: Each part to this Amendment to the MOU has caused it to be executed effective—f-?— ^y r� Kimberley Grant Director Co, c County Hpusing, Human & Veteran Services jj Barry WiNiams Director Collier County Parks & Recreation Department Steve Carnell Interim Administrator Collier County Public Services Division Date J r � Date Date ** *Steve Carnell is signing as the Interim Administrator for both departments represented on this document. * ** Amendment #1 to the MOU HHVS /P &R Page 5 of 5 Immokalee South Park Community Center CD11 -07 05#414 Packet Page -2139-