Agenda 12/10/2013 Item #16B1 12/10/2013 16.B.1 .
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners (BCC), as the Collier County
Community Redevelopment Agency (CRA), authorize a budget amendment for a Disaster
Recovery Initiative (DRI) subgrant in the amount of $517,300 to fund drainage system
improvements and new sidewalks along Colorado Avenue within the Immokalee Community
Redevelopment Area.
OBJECTIVE: To recognize $517,300.00 to fund drainage system improvements and new
sidewalks along Colorado Avenue within the Immokalee Community Redevelopment Area.
CONSIDERATIONS: On February 26, 2013, agenda item #16(B)(3), the CRA approved the
submission of a DRI grant application by CRA staff to the Collier County Department of
Housing, Human &Veteran Services Department.
On April 23, 2013, agenda item #16D3, the County approved a subrecipient agreement between
the County and CRA to fund the installation of sidewalks and drainage system improvements
related to the Immokalee Stormwater Master Plan from Grant Award #10DB-D4-09-21-01-K09
for FY2013-14. This item is to recognize the $517,300.00 subgrant.
FISCAL IMPACT: Upon approval of this Budget Amendment, funds in the amount of
$517,300 for the implementation of the grant funded project will be available in the Immokalee
CRA Grant Fund 715,Project#33293-01. There is no match requirement for this grant.
GROWTH MANAGEMENT IMPACT: This action furthers the programs and projects within
the budgetary and policy guidance and directives of the Community Redevelopment Agency and
the Board of County Commissioners in furtherance of Policy 4.2 of the Future Land Use Element
of the Growth Management Plan which reads as follows:
"The Immokalee Area Master Plan addresses conservation, future land use, population,
recreation, transportation, housing, and the local economy. Major purposes of the Master Plan
are coordination of land uses and transportation planning, redevelopment or renewal of blighted
areas, and the promotion of economic development."
Also, this action is in accordance with the goals and objectives of the Drainage Sub-element of
the Growth Management Plan for Collier County Stormwater Management.
Furthermore, according to the 2008 Annual Conference publication from the Florida
Redevelopment Association(FRA): "One of the primary tenants of a Community Redevelopment
Agency is to provide clean and safe environments through the redevelopment of stormwater
management systems. CRA's should promote clean environments through stormwater system
improvements including watershed planning, land conservation, erosion and sediment control,
stream restoration, and pollution prevention. Stormwater management reduces the amount of
pollutants in runoff to reduce the threat to drinking water supplies, recreation and wildlife.
Redevelopment implements stormwater safety by improving site designs, preserving natural
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drainage systems, enhancing water quality and preventing future flood damages. CRA's should
support clean water goals that allow residents to be proud of their communities".
LEGAL CONSIDERATIONS: This item is approved to form and legality and requires a
majority vote for Board approval. -JAB
RECOMMENDATION: That the Collier County Board of County Commissioners, as the
Community Redevelopment Agency, approve a budget amendment for $517,300 of Disaster
Recovery Initiative (DRI) Grant Award #10DB-D4-09-21-01-K09 for FY2013-14 to fund the
project known as Colorado Avenue Area Stormwater Improvements.
PREPARED BY: Bradley Muckel, Interim Director, Immokalee CRA
Attachments: 1)Budget Amendment Form 2)Underlying Grant Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.B.16.B.1.
Item Summary: Recommendation that the Board of County Commissioners (BCC), as the
Collier County Community Redevelopment Agency (CRA), authorize a budget amendment for a
Disaster Recovery Initiative (DRI) subgrant in the amount of$517,300 to fund drainage system
improvements and new sidewalks along Colorado Avenue within the Immokalee Community
Redevelopment Area.
Meeting Date: 12/10/2013
Prepared By
Name: MuckelBradley
Title: Project Manager,
10/30/2013 11:58:43 AM
Submitted by
Title: Project Manager,
Name: MuckelBradley
10/30/2013 11:58:45 AM
Approved By
Name: BelpedioJennifer
Title:Assistant County Attorney,County Attorney
Date: 10/31/2013 11:20:05 AM
Name: RobinsonErica
Date: 11/4/2013 8:19:34 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/15/2013 2:01:22 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 12/2/2013 11:13:25 AM
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Name: OchsLeo
Title: County Manager
Date: 12/2/2013 11:55:03 AM
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Grant# 10DB-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 15th 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 1116D 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
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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 (III-IVS),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 Inunokalee 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#1 0DB-1)4-09-21-01-109 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 IIHVS, which shall have access to all records and documents related to the project. The budget
identified for all improvements is as follows:
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DRI FUNDS
NOTE Activities/items/services may include but not
be limited to:
Colorado Avenue Project
All costs associated with the construction of $ 517,300
stormwater improvements and associated sidewalks
for the Colorado Ave. Stormwater project and the
environmental assessment for the Immokalee
Stormwater Master plan.
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 I-IHVS 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"0") 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
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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
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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, 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 fights 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
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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.
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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
1. 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 SUBRECIPIENT for the SUBRECIPIENT at
purpose of this Agreement shall be made available to the
any time upon request by the COUNTY or I1HVS. 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
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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, SUBRECIP1ENT 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
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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 $10K 3 Written Quotes
Above $1 OK to $50K 3 Written Quotes
Request for Proposal (RFP)Invitation To
Above $50K Bid(ITB)
F. AUDITS AND INSPECTIONS
At any time during normal PIENT shall hours and
available alltrecords, doeum�ationrapd representatives) data
deem necessary, the SUBRECIPIENT
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
SUBRECIP1ENT'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,
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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 (51) 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 (LM1) 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
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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 he 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 570.200(j). 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
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ATTEST: BOARD OF I OI1N Y C MMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER CO T1 , FL RIDA
�:.. �..i�. 11110 ��--� By:
GEORGIA A.HtL ER, ESQ
Attests . . • an's CHAIRWOMAN
sign Auro n `'f/�;���
Dated: + +3
(SEAL)
Collier County Community Redevelopment Agency
(CRA)Immokalee
By:
Subrecipient Signature y/23/. r:3
Tim Nance, Chairman, Collier County
Community Redevelopment Agency
Approved as to form and legal sufficiency:
Jennifer B. White
Assistant County Attorney
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EXHIBIT "A"
INSURANCE REQUIREMENTS
The SUIRECIPIENT shall furnish to Collier County, do 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:
1. 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 SUBREC1PIENT 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).
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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.)
1 1. 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,
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EXHIBIT"B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION 1: REQUEST FOR PAYMENT
Sub recipient Name: 1mmokalee 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.
Signature Date
Title
Authorizing Grant Coordinator
Supervisor _ (approval authority under$14,999)
Dept Director (approval required $15,000 and above)
Immokalee Area Community Redevelopment Agency
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EXHIBIT"C"
RELEASE AND AFFIDAVIT FORM
The SUBRECIPIENT certifies for itself and its contractors, subcontractors, vendors,successors and
assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY
might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and
paid.
This Release and Affidavit is given in connection with the SUBRECIPIENT's (progress/final) Request
for Payment.
lmmokalee Area Community
Redevelopment Agency
Witness: BY:
BY: ITS: Board Chairman
DATE:
Print name and title
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20_, by
as of
A Choose Not-For-Profit, or Corporation or Municipality on behalf of
Choose Not-For-Profit, Corporation or Municipality . He/She is personally known to me OR has
produced as identification and who did (did not)take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
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EXHIBIT "D"
QUARTERLY PROGRESS REPORT
• Sub-recipients:Please fill in the following shaded areas of the
report •
• •
.•
Agency
Name: :::::.':::::.•••;.•:.`:i.'•:••••:livirnOkalee.,Area.'CommUnity.liedevelopment . - •
• • •
• Project
Title: •••• •
Program• • • •
Alternate
•
• Telephone
Number: .••••••• • •••. (239)867-4121•••••...:[•••••••:::•••;,•'.',"••,.•:.....•••:•••....-::::::'••;•••• ••••:••••••• •
• .REPORT FOR QUARTER ENDING:(check one that applie to
the corresponding grant period):
3131 •••••••:'... 6/30 9/30 '.:•.•••••?. 12/31 fnal•
• • •• • . •• . • •• • ••• •• .•-••• •• -.:•••••
. ,
• . .. " •
1. meeting those goals •• ••• •• .•• •
• A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement.
•• • •• •
• •• O ••-
• •
• ,••• •••• ..••••••••• • •-•.'
- • , ,,_„, _ , ,
' •
' • • "'
• B,Goal Progress:Indicate the progress to date in meeting each I utcome goal. ,‘.
Outcome I
. ••• . • . •.. • . „ . .
• . • ..••• ..•• ....•......•.. _ •
• •••••.. ••••.• • " •• ••• .• • .,• : ,"" •.• :: •••,'
'• ". •. • •• . • " .••• •• ••••• • ••• •"■• • •• ••, '•—•••,•••• •••"
•• ' ' • ' •• ••• •• ••• "• •• • •-•••• • ■••• ■•••••..•-• ••• •,•"•I•.''•:•."
• • • • • •••• •'. „. • ,••• ■•• • • ..—• • • " .•••••••• • •
" " • "" • " •• • • • ••'" •" • • •••• ••• •••' •• • •,•• •'••••• • • " • `i, '11.•
• • • • " " • ."
• • • • I
• • •• • . • • 'e",,,'•1•.•• • • •,•,,••••••••, •••••••••• ••.. ••••`. '•'; ,• •. •■• ;
. • ,„ • ,
* Is this project stilt In compliance wHttllhe-Orlginal.ptojeCt Schedule?..1t0Ors..thaTi.2.
2. new timeline for approval. - '• • • ,,•
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•
• e p C1
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
b. • .••now has imp-oved access to this service or benefit
o ▪ ...now receive a service or benefit
• TOTAL: 0
•
4. • What funding sources are applied for this period!pro_
• Section 108 Loan Guarantee DRI/DREF r ,
• Other Consolidated Plan Funds
CDBG z ;
$ ;
• Other Federal Funds
ESG
• State/Local Funds HOME
•
• •
• $ Total amount $
• • Total Other Funds of Funds -
•
•
•
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EXHIBIT "D"
QUARTERLY PROGRESS REPORT
5. What Is the total number of UNDUPLICATED clients served this quarter,if applicable?
a. Total No.of adult females served: ''.'.0 -:Total No.of females served under 18: O is
b. Total No.of adult males served; p. ?.':Total No of males served under 18: 0 1
TOTAL: 0 TOTAL: 0
a. Total No of families served: 0 Total No.of female head of household: 0
6. What Is the total number of UNDUPLICATED clients served since October,if applicable?
a. Total number of adult females served: 0 Tote}number of females served under 18:
b. Total number of adult males served: 0 .Total number of males served under 18: 0 .'..
TOTAL: 0 TOTAL: 0
c. Total No.of families served: U Total No.of female head of household: 0 '.
Complete EITHER question#7 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 8,
7. 'PRESUMED BENEFICIARY DATA: 1 8. (OTHER BENEFICIARY DATA INCOME RANGE 1 •
Indicate the total number of UNDtJPLICATFD Indicate the total number of)/NnEIPL1CATED parsons
persons served since October 1 who fall Into served since Ootober 1 who fall into each Income
each presumed benefit category (the total category(the total should equal the total In question#6):
should equal the total in question#6):
Report as: Report as:
"..0- Abused Children 0 • Extremely low income(0-30%)
0 Homeless Person 0 .''.Low Income(31-50%)
0 r Battered Spouses 0 :'Moderate Income(51-80%)
O Persons w/HIV/AIDS 0 Above Moderate income(>BO%)
O Elderly Persons
O Veterans
O "i.Chronically/Mentally ill
O 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
While 7, of whom,how many are Hispanic?
Slack/African American :hp p of whom,how many are Hispanic?
Asian -0 0 ';;of whom,how many are Hispanic?
Arnerican Indian/Alaska Native s0 0 '?;of whom,how many are Hispanic?
Native Hawaiian/Other Pacific Islander • D 0 of whom,how many are Hispanic?
American Indian/Alaskan Native 8 White 0 0 ;of whom,how many are Hispanic?
BlecldAtrican American&White i0 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 i';of whom,how many are Hispanic?
Other -0 .. 0 ;of whom,how many are Hispanic?
TOTAL: 0 0 TOTAL HISPANIC
Name: Signature:
Your typed name here represents your electronic
Title: signature
immokalee Area Community Redevelopment Agency
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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 FY 10/1 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 $
recentlLcompleted Fiscal Year
Check Appropriate Boxes
We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending
❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as
indicated above and expect to complete our Circular A-133 audit by . Within
30 days of completion of the A-133 audit, we will provide a copy of the audit report and
management letter.
We are not subject to the requirements of OMB Circular A-133 because we:
❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year
indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons —explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
(If findings were noted, please enclose a copy of the responses and corrective action plan.)
Certification Statement
I hereby certify that the above information is true and accurate.
•
Signature Date
Print Name and Title
Immokalee Area Community Redevelopment Agency
DRl OF,-Q9
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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 1 968 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 SUBR.ECIPIENT'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
Immokalee Area Community Redevelopment Agency
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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 HUD programs; and award contracts for work undertaken in connection with a
housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing
construction, or other public construction project to business concerns that provide economic
opportunities for low- and very low-income persons residing within the metropolitan area in which the
CDBG-funded project is located; where feasible, priority should be given to business concerns that
provide economic opportunities to low- and very low-income residents within the service area or the
neighborhood in which the project is located, and to low- and very low-income participants in other
HUD programs.
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would
prevent compliance with these requirements.
9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by
Executive Orders 11375, 11478, 12107 and 12086.
10. Contract Work Hours and Safety Standards Act,40 USC 327-332.
1 1. 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.
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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:
o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7)
and 85.21 in making payments to SUBRECIPIENTs;
o Section 84.23, Cost Sharing and Matching;
o Section 84.24, Program Income - in lieu of 84.24 CDBG SUBRECIPIENTs shall follow
570.504;
o Section 84.25,Revision of Budget and Program Plans;
o Section 84.32, Real Property - In lieu of 84.32, CDBG SUBRECIPIENTs shall follow
570.505;
o 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 84.71, 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
lmmokalee Area Community Redevelopment Agency
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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`h Judicial Court of Florida, if in federal court. BY ENTERING
INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE
ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO, OR ARISING OUT OF,THIS AGREEMENT.
25. The SUBRECIPIENT agrees to comply with the following requirements;
a. Clean Air Act,41 USC 7401,et seq.
b. Federal Water Pollution Control Act, 33 USC 1251,et seg., 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.
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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
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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 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#10DB-D4-09-21-01-K09 between Collier County and
the Florida Department of Economic Opportunity by reference is incorporated into this agreement.
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EXHIBIT"G"
ALA G702-1992 Form
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ao t� ,
Document G702 Mr,-- 1992 Instructions
awe
Application and Certificate for Payment
GENERAL INFORMATION
I1urpctae trod Retitled t.)oenmrnts
AIA Document(.17112, Application and('ellilicuic liw Payment,is to be used in conjunction with Al A Document 6703,Continuation
Sheet.These It otrmcnl t are Designed to he used on a Project where tt C'nntructor has a direct Agreement with the Owner.Procedures
lire thew use are Covered in Ali\ I)ocumcni A21)1.General Conditions of the Contract for Construction.
Use of Current Documents
i-'riin'to using any AI A Cont'aei 001.1.1111e.et,users should consult wwtt•.ai i erg or a local AIA component to verity the most recent
edition.
lit.
Rep
't'hi.s document i5 it copyrighted wort;and may not he reproduced or excerpted from without the express written permission ot'the
Al A.'There is on implied permission to reproduce this document.nor clues membership In The American Institute of Architects confer
any fnrthcr rights to repmchtee this document.
The Al A (hereby fronts the purchaser a limited license to reproduce a maximum of ten copies of a completed 0702,but only for use in
connection with a particular project.The AIA will not permit reproduction outside of the limited license for reproduction emoted
above.except upon written request and receipt of written permission Preen the AIA.
it his to IrpruJucn the document Amy vary fir users of AIA snit ware. Licensed AIA software users shuuhl consult the End User
l.o t'itsc Agreement Will-A).
'l•u report cullvri)ht vinlnlion.)I'AIA Contract Documents.e-mail The American Institute of Architects'legal counsel,
copyrir.'hI(rrl;t1:I.ar1:.
COMPLETING THE G702 FORM
After Ibc Contractor Its completed /MA I>ovurl lens ()71)3.Continuation Sheet,satrmltary information should he transferred to AlA
Document (171)2, Application and(.'ertitit'ale for Ilaynteutl.
The C'0111iticttlr.sh19dd sign 0702, have it notarized.lout submit it.tciiztaher with G703.10 the Architect.
The Architect should review 0702 and 0703 and,it they arc acceptable,complete the Architect's Certificate for Payment no Ci7(12,
The Architect may certify it different 0)100111 Ihnn thus applied few,Pursuant to Sections 9.5 and 0.6 of A20I.The Architect should
then initial all futures on G7(12 and(171)3 that have been changed to conform to Ilse a)ustntl certilIed surd tttnell an explanation.The
completed 0702 and(1703 should he forwarded to the Owner.
MAKING PAYMENT
The OWIler should make puyrnent directly to the Contractor bused on the amount certified by the Architecl on AIA Ducurnertt 07702,
Application nod Certificate for Payment,The convicted form contains the name and address of the Contractor. Payment should not be
made to any other puny unless specifically indicated on(3702.
EXECUTION OF THE DOCUMENT
Persons executing the document should indicate the capacity in which they are acting 1 i.e..president,secretay,partner.etc.)and the
authority under which they are executing.the de>eumcnt.Where appropriate,0 copy iiI the resoluli00 lilt mrizinp,the individual to act
on behalf of the firm or entity should be attached.
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AIA Document G702t0-1992.Copyright(0 1953.1958.1965,1971.1979.1993 and 1992 by the American Institute el Architects.All rights reserved.WARNING:This
AtA"Docu,nent is protected by U.S.Copyright Law and International Treaties.UnaulhodzaO reproduction or distribution of this AIA'Document,or any portion of
It,may result in severe civil end criminal percales,and will be prosecuted to the maximum extent possible under the taw.Purchasers are permitted 0 reproduce ten
(10)conies el Ihic document when completed.To report copyright vinlaliens of AIA Gnnlrani Dncu,dnrlls,n-mail The Armarioan In5lttule at Ardlllncl5 IegAl counsel,
copyrightt6talin.oip.
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4 `13 Document G7021L` — 1992
Application and Certificate for Payment
TO OWNER: PROJECT: APPLICATION NO: Distribution to:
PERIOD TO: OWNER 0
CONTRACT FOR: ARCHITECT 0
FROM CONTRACTOR; VIA ARCHITECT: CONTRACT DATE: CONTRACTOR 0
PROJECT NOS; i / FIELD 0
OTHER 0
CONTRACTOR'S APPLICATION FOR PAYMENT •Ode midi:Nitwit Contractor cutiliea dial to the hest or the Cnnhueuo's knowledge,iufu]m:uiot
Application it'mule for payment.a�shuwll helrnv.in rcanteelion teid,the Contract.
isod Iv:Iicr Ihi'Work meld d by this Applicatilm F Payment has Twit enmphleri in accordance
with the Contract Ihi itas sus,that it amnions have been paid by the C'nntractin l'or Work fur
Continuation Sheet.AlA I)ocoolrnt Ci7113.is Attached. rsIikh previous('arliftc des for Payment were issued and payments rc<ctived(stmt the Owner.and
i,ORIGINAL CONTRACT SUM $ _ tbar.eilrem payment shown herein is now due.
2.Net change by Change Orders 4 _ _ CONTRACTOR:
3.CONTRACT SUN TO DATE(Lino I±'_1 4 _ Y.— 13y: _ _!, kilo: •_
4,TOTAL COMPLETED&STORED TO DATE(('olunnt G nnG7i13i 4 St:1N of
—
5.RETAINAGE: Cmnh'of:
a. _'.iof Completed Work Stthsetilwd and sworn ill before
il:ohm'at 0+Eon 11't01 5 --_..__. ____ flit'this Illy or
b. 4i.of Stored bi.Uerial
Cnlutnp 17 rat G710l S Nolan Pli.lie:
Sly Commission espites:
'total Relaioage 51.iucs 5a-Sb or'Final in CUlotrtn I of(i?03i S -
6.TOTAL EARNED LESS RETAINAGE . s ARCHITECT'S CERTIFICATE FOR PAYMENT
Line 4 I.ess Line ST milli hi randmrsr with the Cop WO Docnntcnls,based nil on-sile ohscr Val inns and die dnot comprising
7.LESS PREVIOUS CERTIFICATES FOR PAYMENT S thin ilpplicotau!,the Areltitcei certifies In the Owner that In(hi'kit of the Ardtilert's knowledge,
infunitoxm and belief 11±: Work has prom—melt in indicated.Ito'quality of the Wink is in
Limit'Ii 151115 p (t'mli(mi_Oci acenrdanci' will] the Contract Drnxtttenls, and the Corintxtor is eolilicd to paynienl of the
T 1 rl\lillINTI I Il 11111:).
8.CURRENT PAYMENT DUE
8.BALANCE TO FINISH,INCLUDING RETAINAGE AMOUNT CERTIFIED...........................................................................S
t I Ate t Ie:s;I One(ml S trllinrh evirtt rrirxt(l orrt:en certified&gen.frrxn time outman applied.initial lilt figures on Oily
__ ;tpptir+akni awl rat tins Crluuriu01101i Skeet thin are elentgral h+i'inpot tills the amount ratified.)
ICHANC 01■1)FR SI!\.it+MASY _- ADI)ITIONS )L•3)t7C1'1ONS-_ ARCHITECT:
!Total rhongcs apput+tt in prrviuu•midis by 0;W ti D
_ By: — ---- Date: ..--------___-....._.
inimi approved his.\4rttth — --S __'_
TOTALS 'Phis C'enihratc is not negun able.'rite AMOIINT'CERTIFIED is payable only to the Contractor
_— ------ mood herein.Isaau+:e•paynenl awl acre.plant•e o'payment are without prejudice In any rights of
I NET(I I!\N(CS In Change()Kier — M T tlh•((truer 11e Contru:lar Undef this Cool
010 Document G702re-1992,Copyright 6)WSJ 1983,1965.197',1979.1983 al 1992 by the Ainraiean hgolubo ol A+clttkwis,All rights lnserved.WARMING:Tidy Ala'nnrmnrenl Is potected by U.S.e spyriglil L tV
..•t'I,l'io,tiri:l 1.10i,Ws-,tlismOi l f:•r.f limN,41,1•-Us i,iill+alnaoit of Clik r+IA.oserm1aent•+tt trop pnriinn N II,may nstdi or icon,rtvIl and ci tininal•r rialii ,aivt we/l.!pwstni Oil In lit- r.rrirril elicit
!loiliiiS r rn11L9"Slit,law P':addvivoc ittft:Comilla i iv raptcdnce ten tIO op es at nu;(to anent gloat co irfleled.To tepnll ei isryll vdnprxa;of AlA Conuaci Docomentc,0.11ti1 The Anteticvt tnWii.fe at Architects'legal
consul eopyrintnEoaa.olq.
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CONTINUATION SHEET AIA DOCUMEN 6703 !Instructions on reverse side') PAGE
_...._.
AIA Document 6702, APPLICATION AND CERTIFICATE FOR R•VVMENT. APPLICATION NO.:
i.!;)nraini:ig Contractor's s'.,,ncd Certification,is anacII.M. .APPLICATION DATE:
In 12biknons bt.-.10tv,arrionnts are sled to he near.tsi doIlar. PERIOD TO
Gaon I on Contracb where variable rein sge ii)r line Um!,may 2prdy, ARCHITECT'S PROJECT NO.:
A I Et C
D
E --1
I ---- 1
F
I MATERIALS
1 , TOTAL 6
I
1-1 i I I
— i I WORK COMPLETED
1 ITEM 1, iCHFPLED I --1 prwEst-Nny i.,OMPLETF,D (;., i BALANCE. RETAINAGE
FIESCRIPTION OF WORK - •'- I FROM PR:v101:5 i ! sToRED I .AND STORED .,.. ' TO
i NO. • VA i LE :IF VARIABLE,
i •- ' I APPLICATION 1 THIS PERICIL I (Nor IN I TO DATE v C) i:INISF'
i RATE'
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AIA DOCUMENT G703•I=CiNT'Alt.,,TILN:311ilET Fi)1:70;1 iy,v2 Ermrk.,N,AL At • .4;11.)92•TilE.t.v5ICAN 1:43T1Tri Or Attcs:.Ecr::,r,--,5 NET
Di:::t(c..,,j.,-2.:•WARNING:Unlicensed photocopying violates US.comkjht laws and wilt suhicct the viol Tr to legal prosecution. G7O3-1992
110: . .
, .
...,
CAUTION;You should use an original AIA document which has Ibis caution printed in red.An original assures that changes wi not be obscured as may occur when documents are reproduced. •
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