Agenda 01/24/2012 Item #16D 8Proposed Agenda Changes
Board of County Commissioners Meeting
January 24, 2012
Continue Item 8A to the February 14.2012 BCC Meeting: This item continued from the January
10, 2012 BCC Meeting. This item requires that ex parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be sworn in. PUDZ- 2003 -AR -3608:
Orangetree PUD -- An Ordinance amending Ordinance Numbers 2005 -42 and 2004 -73, the Orangetree
PUD, to add 1,050 residential units for a total of 3,150 residential units; to add 100,000 square feet of
office use and add 172,000 square feet of retail use to the existing 60,000 square feet of retail for a
total of 332,000 square feet of commercial development, to revise the development standards
including building height and setbacks and to add allowable residential, commercial uses and mixed
uses, and to eliminate the environmental commitments, for property located in parts of Sections 11,
12, 13, 14,22 through 27, Township 48 South, Range 27 East, Collier County, Florida consisting of
2,138.76 acres; and by providing an effective date. (Coordinator: Kay Deselem, AICP, Principal
Planner) (Commissioner Coletta's request)
Withdraw Item 16A5: Recommendation to direct the County Manager or Designee to have the
County's consultant proceed with the design of a pathway connection on the north side of Immokalee
Road, also known as, Alternative 1. (Sta)Ts request to revise back -up material)
Move Item 16A13 to Item 10I: Recommendation to direct the County Manager or his designee to
work with the Finance Committee, the County Attorney, and the Clerk's Office to review and possibly
establish a potential process which would authorize the solicitation for competitive bid proposals
from interested firms willing to both finance and construct production -ready projects.
(Commissioner Coyle's request)
Continue Item 16C3 to the February 14.2012 BCC Meeting: Recommendation to approve removing
uncollectible accounts receivable and their respective balances from the financial records of Collier
County Public Utilities Division in the amount of $423,644.77. (Staff request based on Finance
Department request for additional time to review all documents)
Move Item 16DB to Item 10F:
Recommendation to approve an
agreement and associated forms with the
Florida Department of Economic Opportunity
(DEO) to accept funding for the Disaster
Recovery Enhancement Funds (DREF) in the
amount of $3,335,131.91 and approve a
budget amendment to allocate the funding.
(Commissioner Hiller's request)
Move Item 16D10 to Item 10G: Recommendation to approve reprogramming of Community
Development Block (CDBG) Grant funds in the amount of $810,000, and approve a Subrecipient
W
1/24/2012 Item 16. D.8.
KajCVTIVE SIMMALY
Recommendation to approve an agreement and associated forms with the Florida Department of
Economic Opportunity (DEO) to accept funding for the Disaster Recovery Enhancement Funds
(DREF) in the amount of $3,335,131.91 and approve a budget amendment to allocate the funding.
OBJECTIVE: To accept DREF formula grant funds previously applied for and approved by the Board of
County Commissioners.
CONSIDERATIM: Collier County submitted an application for DREF funding, including project
descriptions, to the Florida Department of Economic Opportunity pursuant to Board direction on July 26,
2011, Agenda Item No. 16 D. 1.
Application approval notice was received December 14, 2011 for Collier County's DREF allocation of
$3,335,131.91, which is $11, 169.91 greater than the initial allocation of $3,323,962. The additional
$11,169.91 was added to the Immokaiee CRA project award. The chart below shows the final grant
awards.
Organization
Project/Activity
Original Project
New Project
Amounts
Amount
Immokalee Area CRA
Flood and Drainage
$2,073,344
$2,084,513.91
Improvements
Collier County Housing Authority
Rehab, Multi-Unit
$832,519
$832,519
Residential
Bromelia Place Apartments
Rehab, Multi-Unit
$300,000
$300,000
Residential
pe partments
Es ranza Place A
Flood and Drainage
$35,000
$35,000
Improvements
Housing, Human and Veteran Services
Administration and
$83:,099
$83,099
Planning
TOTAL
$3,323,%2
$3;335,131.91
To facilitate the execution of the award, the County must sign the attached Agreement and complete the
required forms. The Agreement : and form deadline is January 28, 2012 to the Florida Department of
Community Affairs.
Approval of this item will also provide for a budget amendment to allocate the funding as detailed in the
agreement.
FISCAL IMPACT: Approval of this item will result in an award of $3,3335,131.91 in DREF funding.
Acceptance of this grant agreement will have no additional effects on ad valorem or general fund dollars.
LEGAL CONSIDKR&UONS, This item is legally sufficient and requires a majority vote for Board
action. - JBW
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1/24/2012 Item 16.D.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.8.
Item Summary: Recommendation to approve an agreement and associated forms with
the Florida Department of Economic Opportunity (DEO) to accept funding for the Disaster
Recovery Enhancement Funds (DREF) in the amount of $3,335,131.91 and approve a budget
amendment to allocate the funding.
Meeting Date: 1/24/2012
Prepared By
Name: OienLisa
Title: Grants Coordinator,Housing, Human & Veteran Services
12/28/20114:17:59 PM
Submitted by
^ Title: Grants Coordinator,Housing, Human & Veteran Services
Name: OienLisa
12/28/20114:18:00 PM
Approved By
Name: AckermanMaria
Date: 1/3/2012 9:27:54 AM
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 1/5/2012 11:46:29 AM
Name: GrantKimberley
Title: Interim Director, HHVS
Date: 1/6/2012 4:33:20 PM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 1/9/2012 2:43:52 PM
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Name: FoordMarlene
Title: Grant Development & Mgmt Coordinator, Grants
Date: 1/10/2012 9:29:20 AM
Name: RamseyMarla
Title: Administrator, Public Services
Date: 1/11/2012 12:41:27 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/11/2012 3:41:53 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 1/13/2012 1:00:01 PM
Name: OchsLeo
Title: County Manager
Date: 1/16/2012 2:54:08 PM
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1/24/2012 Item 16.D.8.
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Following pages numbered
incorrectly.
1/24/2012 Item 16.D.8.
For each subcontract, the Recipient shall provide a written statement to the Department as to whether
that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties,
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this Agreement and the
attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency.
(c) This Agreement has the following attachments (check all that are applicable):
® Exhibit 1- Funding Sources
® Attachment A— Budget and Scope of Work
® Attachment B — Program Statutes and Regulations
❑ Attachment C — Recordkeeping (N /A)
® Attachment D — Reports
❑ Attachment E — Justification of Advance (N/A)
® Attachment F — Warranties and Representations
® Attachment G — Certification Regarding Debarment
❑ Attachment H - Statement of Assurances (N /A)
® Attachment I — Activity Work Plan
® Attachment J — Program and Special Conditions
® Attachment K — Civil Rights Compliance Assurance
® Attachment L — Signature Authorization Form
funds.
(17) FUNDING /CONSIDERATION
(a) The funding for this Agreement shall not exceed $3,335,131.91, subject to the availability of
(b) The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement, and the Subgrant Application.
(c) All funds shall be requested in the manner prescribed by the Department. The authorized
signatory for the Recipient as set forth on the Signature Authorization Form, Attachment K to this Agreement, must
approve the submission of each Request for Funds (RFFs) on behalf of the Recipient.
(d) Pursuant to 24 C.F.R. Section 570.489(b), pre - agreement costs reflected in the Subgrant
Application as originally submitted that relate to preparation of the Subgrant Application are considered eligible
costs and may be reimbursed to the Recipient, if they are otherwise in compliance with all other requirements of the
Agreement.
Contract Revised: 10/04/2011
Packet Page -1903-
9
1/24/2012 Item 16.D.8.
(e) Funds expended for otherwise eligible activities prior to the effective date of the Agreement,
except for those provided for in this Agreement or prior to the effective date of the enabling amendment wherein the
Department agrees to their eligibility, fundability, or addition to the Agreement, or a separate letter authorizing such
costs, are ineligible for funding with CDBG funds.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer, or under
subparagraph (19)(h) of this Agreement, all obligations on the part of the Department to make any further payment
of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice
from the Department.
(18) REPAYMENTS
All refunds or repayments to be made to the Department under this Agreement are to be made payable
to the order of "Department of Economic Opportunity" and mailed directly to the Department at the following
address:
Department of Economic Opportunity
Community Development Block Grant Programs Cashier
MSC -400
107 East Madison Street
Tallahassee, Florida 32399 -6508
In accordance with Section 215.34(2), Fla, Stat., if a check or other draft is returned to the Department
for collection, Recipient shall pay to the Department a service fee of Fifteen Dollars ($15.00) or Five Percent (5 019)
of the face amount of the returned check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or
response to a Department request, or in any submission or response to fulfill the requirements of this Agreement.
All of said information, representations, and materials are incorporated by reference. The inaccuracy of the
submissions or any material changes shall, at the option of the Department and with thirty days written notice to the
Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the
Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue for any
actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this
Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and
void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this
Agreement.
(c) Any power of approval or disapproval granted to the Department under the terms of this
Agreement shall survive the term of this Agreement.
Contract Revised: 10/04/2011 10
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1/24/2012 Item 16.D.8.
(d) This Agreement may be executed in any number of counterparts, any one of which may be taken
as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336,
42 U.S.C. Section 12101 et s and the Florida Civil Rights and Fair Housing Acts (sections 760.01 — 760.37,
Florida Statutes), which prohibit discrimination by public and private entities on _the basis of disability in
employment, public accommodations, transportation, state and local government services, and telecommunications.
(f) A person or organization who has been placed on the convicted vendor list following a conviction
for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public
entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from
the date of being placed on the convicted vendor list or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives funds under
this Agreement from the federal government, certifies, to the best of its knowledge and belict that it and its
principals:
1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a 5 -year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or con Tact under public transaction;
violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, nulling false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity
(federal, state or local) with commission of any offenses enumerated in paragraph 19(g)2. of this certification; and
4, have not within a 5 -year period preceding this Agreement had one or more public transactions
(federal, state or local) terminated far cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Department (by email or by facsimile transmission) the
completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion"
(Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. Such
form must be received by the Department before the Recipient enters into a contract with any subcontractor.
i� Contract Revised: 10/04/2011 11
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1/24/2012 Item 16.D.8.
(h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla.
Stet or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof
6) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat.
(k) The Department of Economic Opportunity reserves the right to unilaterally cancel this Agreement
if the Recipient refines to allow public access to all documents, papers, letters, or other material subject to the
provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
(1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any
interest income shall either be returned to the Department or be applied against the Department's obligation to pay
the contract amount.
(m) The State of Florida will not intentionally award publicly funded contracts to any contractor who
Imowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in
8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ( "INA ")]. The Department
shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA.
Such violation by the Recipient of the employment provisions contained in Section 274A (e) of the INA shall be
grounds for unilateral cancellation of this Agreement by the Department.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla.
Ste) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making
recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and
the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119,
Stat.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Department under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state
agency.
and belief:
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal
contract, grant, loan or cooperative agreement.
Contract Revised: 10/04/2011
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12 n
1/24/2012 Item 16.D.8.
2. 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 Recipient shall complete and submit Standard Form -LLL, "Disclosure
Form to Report Lobbying."
3. The Recipient shall require that this certification be included in the award documents for all
subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less. than $10,000 and not more than $100,000 for each such
failure.
(21) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) If the Recipient has a pre - existing patent or copyright, the Recipient shall retain all rights and
entitlements to that pre- existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or services
performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or
invention to the Department for a determination whether the State of Florida will seek patent protection in its name.
Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State
of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the
Department. Any copyrights accruing under or in connection with the performance under this Agreement are
transferred by the Recipient to the State of Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relating to the performance of this Agreement which he or she knows or should know could give rise to a
patent or copyright. The Recipient shall retain all rights and entitlements to any pre - existing intellectual property
which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then,
under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement.
Contract Revised: 10/04/2011
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13
1/24/2012 Item 16.D.8.
(22) SAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing
body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the
undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement.
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as Attachment H.
Contract Revised: 10104/2011
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14 n
1/24/2012 Item 16.D.8.
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
FEDERALLY FUNDED SUBGRANT AGREEMENT
SIGNATURE PAGE
Contract Number: 12DB- PS -09 -21 1 -K 39
IN WTI NESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on
the day, month and year set forth below.
RECIPIENT DEPARTAMNT OF ECONOMIC OPPORTUNITY
By: Date: B
Date
(Authorized Signature) (Authorized Signature)
Type Name: Ken Reecv
(Pnnt Name)
Title:
Federal Tax M#
DUNS#
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Contract Revised: 10/04/2011
L�tlus
A PrOvsd ate to form & legal SufljWg=y
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Assista County Attorney
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15
1/24/2012 Item 16.D.8.
EXMBrr - I
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
Separately list the following information for each federal program from which the resources awarded to the
Recipient originate.
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED
UNDER THIS AGREEMENT:
Separately list each applicable compliance requirement (eligible activities, service, or commodities; eligible
recipients; etc.) and specify to which federal program each requirement applies:
Compliance Requirement Program
1. The Recipient will fully perform the obligations in accordance with the Community Development
Budget and Scope of World Attachment A of this Agreement, the Block Grant Disaster
subgrant application incorporated herein by reference, and 24 C.F.R, Recovery Program
Subpart 1, Sections 370.480 — 570.497.
The Recipient shall be governed by 290.401 -409, F.S:, Rule 9 B-43, F.A.C.
and Federal Laws, rules and regulations, including but not limited to those
identified in Attachments B and J
Contract Revised: 10/04/2011
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16
Community
Development
Block Grant
Program
Federal'agency
U.S. Department of
Housing and Urban
Development
Catalog of Federal Domestic Assistance title:
Community
Development
Block
Grants/State's
Program and
Nonentitlement
Grants
Catalog of Federal Domestic Assistance #:
14.228
Award amount
$3,335,131.91
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED
UNDER THIS AGREEMENT:
Separately list each applicable compliance requirement (eligible activities, service, or commodities; eligible
recipients; etc.) and specify to which federal program each requirement applies:
Compliance Requirement Program
1. The Recipient will fully perform the obligations in accordance with the Community Development
Budget and Scope of World Attachment A of this Agreement, the Block Grant Disaster
subgrant application incorporated herein by reference, and 24 C.F.R, Recovery Program
Subpart 1, Sections 370.480 — 570.497.
The Recipient shall be governed by 290.401 -409, F.S:, Rule 9 B-43, F.A.C.
and Federal Laws, rules and regulations, including but not limited to those
identified in Attachments B and J
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16
1/24/2012 Item 16.D.8.
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect
to use language that requires the Recipient to comply with the requirements of applicable provisions of specific
laws, rules, regulations, etc. For example, for Federal Program 1, the language may state that the Recipient must
comply with specific laws, rules, or regulations that pertain to how the awarded resources must be used or how
eligibility determinations are to be made. The State awarding agency, ifpractical, may want to attach a copy of the
sped law, rule, or regulation referred to.
NOTE: For federal programs included in Exhibit 1, Section .400(d) of OMB Circular A -133, as revised requires,
and for state projects included in Exhibit 1, Section 215.97(5)(a), Florida Statute, requires the information in
Exhibit I to be provided to the Recipient.
Contract Revised: 10/04/2011 17
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Contract Revised: 10/04/2011
ATTACHMENT A
SCOPE OF WORK AND BUDGET
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1/24/2012 Item 16.D.8.
18
1/24/2012 Item 16.D.8.
ATTACHMENT B
STATE AND FEDERAL STATUTES AND REGULATIONS
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By signature of this Agreement, the local government hereby certifies that it will comply with the
following applicable federal and state requirements:
State
and Federal Statutes and Regulations
I.
Community Development Block Grant Disaster Recovery
32.
The Solid Waste Disposal Act, as amended by the Resource
Emergency Rule 9BER09 -2;
Conservation and Recovery Act of 1975 (42 U.S.C., s. 6901
2.
Florida Small and Minority Business Act, s. 288.702 -
et. seq.)
285.714, F.S.;
33.
Noise Abatement and Control: Departmental Policy
3.
Florida Coastal Zane Protection Act, s. 161 52 - 161.58, F.S.;
Implementation, Responsibilities, and Standards, 24 C.F.R.
4.
Local Government Comprehensive Planning and Land
Part 51, Subpart B;
Development Regulation Act, Ch. 163, F.S.;
34.
Flood Disaster Protection Act of 1973, P.L 92 -234;
5.
Title I of the Housing and Community Development Act of
35.
Protection of Historic and Cultural Properties under HUI)
1974, as amended
Programs, 24 C.F.R. Part 59;
6.
Treasury Circular 1075 regarding drawdown of CDBG
36.
Coastal Zone Management Act of 1972, P.L. 92 -583;
funds
37.
Architectural and Construction Standards;
7.
Sections 290.0401- 290.049, F.S.;
38.
Architectural Barriers Act of 1969,42 U.S.C. 4151;
8.
Rule Chapter 9B -43, Fla Admin. Code.;
39.
Executive Order 11296, relating to evaluation of flood
9.
Department of Economic Opportunity Technical
hazards;
Memorandums;
40.
Executive Order 11288, relating to prevention, control and
10.
HUD Circular Memorandums applicable to the Small Cities
abatement of water pollution;
CDBG Program;
41.
Cost- Effective Energy Conservation Standards, 24 C.F.R.
11
Single Audit Act of 1984;
Part 39;
12.
National Environmental Policy Act of 1969 and other
42.
Section 8 Existing Housing Quality Standards, 24 C.F.R.
provisions of law which further the purpose of this Act;
Part 882;
13.
National Historic Preservation Act of 1966 (Public Law89-
43.
Coastal Barrie' Resource Act of 1982;
665) as amended and Protection of Historic Properties (24
44.
Federal Fair Labor Standards Act, 29 U.S.C., s. 201 et. seq.;
C.F.R. Part 800);
45.
Title VI of the Civil Rights Act of 1964 - Non -
14.
Preservation of Archaeological and Historical Data Act of
discrimination;
1966;
46.
Title VIII of the Civil Rights Act of 1968 - Non -
15.
Executive Order 11593 - Protection and Enhancement of
discrimination in housing;
Culotta] Environment;
47.
Age Discrimination Act of 1975;
16.
Reservoir Salvage Act;
48.
Executive Order 12892- Fair Housing
17.
Safe Drinking Water Act of 1974, as amended;
49.
Section 109 of the Housing and Community Development
18.
Endangered Species Act of 1958, as amended;
Act of 1974, Non - discrimination;
I9.
Executive Order 12898 - Environmental Justice
50.
Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R.
20.
Executive Order 11988 and 24 C.F.R. Part 55 - Floodptain
Part 8;
Management;
51.
Executive Order 11063 - Equal Opportunity in Housing;
21.
The Federal Water Pollution col Act of 1972, as
52.
Executive Order 11246 - Non - discrimination;
amended (33 U.S.C., s. 1251 et.seq.);
53.
Section 3 of the Housing and Urban Development Act of
22.
Executive Order 11990 - Protection of Wetlands;
1968, as amended - Employmentfiraining of Lower income
23.
Coastal Zone Management Act of 1968, as amended;
Residents and Local Business Contracting;
24.
Wild and Scenic Rivers Act of 1968, as amended;
54.
Uniform Relocation Assistance and Real Property
25.
Clean Air Act of 1977;
Acquisition Policies Act of 1970, P.L., 100 -17, and 49
26.
HUD Environmental Standards (24 CF-R. Part 58);
C.F.R. Part 24;
27.
Farmland Protection Policy Act of 1981;
55.
Copeland Anti- Kickback Act of 1934;
28.
Clean Water Act of 1977;
56.
Hatch Act;
29.
Davis - Bacon Wage Rate Act;
57.
Title IV Lead -Based Paint Poisoning Prevention Act
30.
Contract Work Hours and Safety Standards Act of 1962,40
(42 U.S.C., s. 1251 et. seq.);
U.S.C. s. 327 et. seq.;
58.
OMB Circuiars A -87, A -102, A -122, and A -133, as revised;
31.
The Wildlife Coordination Act of 1958, as amended;
59.
Administrative Requirements for Grants, 24 C.F.R. Part 85;
60.
Section 102 of the Department of Housing and Urban
Development Reform Act of 1989 and 24 C.F.R. Part 12.
Contract Revised: 10/4/2011 19
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Contract Revised: 10/4/2011
ATTACIDVIENT C
RECO"KEEPIlVG
N/A
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1/24/2012 Item 16.D.8.
20
1/24/2012 Item 16.D.8.
ATTACEUVMT D
REPORTS
The following reports must be completed and submitted to the Department in the time frame indicated. Failure to
timely file these reports constitutes an event of default, as defined in Paragraph (10) of this Agreement
1. The Contractual Obligation and MBE Report must be submitted to the Department by April 15 and October
15 annually. The form must reflect all contractual activity for the period. If no activity has taken place during the
reporting period, the form must indicate "no activity".
2. A Monthly Quarterly Progress Report must be submitted to the Department on the last day of the month on
the report form provided by the Department.
3. The Administrative Closeout Package must be submitted to the Department forty -five (45) days after the
Agreement termination date.
4 In accordance with OMB Circular A -133, revised, should the Recipient meet the threshold for submission
of a single or program specific audit, the audit must be conducted in accordance with OMB Circular A -133 and
submitted to the Department no later than nine (9) months from the end of the Recipient's fiscal year. If the
Recipient did not meet the audit threshold, a certification must be provided to the Department no later than nine (9)
months from the end of the Recipient's fiscal year.
5. The Section 3 Summary Report must be completed and submitted to the Department by July 31 annually.
The form must be used to report annual accomplishments regarding employment and other economic opportunities
provided to persons and businesses that meet Section 3 requirements.
6. Request for Funds must be completed on the Department's Request for Funds form and submitted in it pdf
format via email by an authorized signatory. Requests for Funds received via email will only be accepted from an
email address that is reflected on the Signature Authority form (Attachment L). The Request for Funds must be
submitted to the following departmental email address: Disaster .Reeovery@deo.myflorida.com. In addition, a
copy of the request shall be e- mailed to your grant manager with the department
Contract Revised: 10!4/2011
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21
1/24/2012 Item 16.D.8.
ATTACHMENT E
JUSTIFICATION OF ADVANCE PAYMENT
N/A
Contract Revised: 10/42011 22
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ATTACHMENT F
WARRANTIES AND REPRESENTATIONS
Financial Management
1/24/2012 Item 16.D.8.
Recipient's financial management system must include the following.
(1) Accurate, current and complete disclosure of the financial results of this project or program.
(2) Records that identify the source and use of funds for all activities. These records shall contain
information pertaining to grant awards, authorizations, obligations, unobligated balances, assets,
outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient shall
safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data
(5) Written procedures to determine whether costs arc allowed and reasonable under the provisions of the
applicable OMB cost principles and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be
alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate
competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair
competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations
for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be
made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the
Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that
the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or
offers may be rejected when it is in the Recipients interest to do so.
Contract Revised: 10/412011
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23
1/24/2012 Item 16.D.8.
Codes of Conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in
the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or
administration of a contract supported by public grant funds if a real or apparent conflict of interest would be
involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate
family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a
financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient
shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to
subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the
standards by officers, employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one
employee on site at all reasonable times for business. "Reasonable' shall be construed according to circumstances,
but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of
the particular work for which they are hired by the Recipient.
Contract Revised: 10!4!2011 24
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1/24/2012 Item 16.D.8.
ATTACEUYMNT G
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, , certifies, by submission of this
document, 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.
(2) Where the Contractor's subcontractor is unable to certify to the above statement, the prospective contractor
shall attach an explanation to this form.
(Sub - Contractor's Name) (Recipient's Name)
Duo:
(Authorized Signature)
(Print Name and Title)
(Street Address)
(City, State, Zip)
Contract Revised: 10/4/2011
12DB- P5- 09- 21 -01 -K 39
(DF.o Contract Number)
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25
Contract Revised: 10/412011
ATTACHMENT H
STATEMENT OF ASSURANCES
N/A
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1/24/2012 Item 16.D.8.
26
1/24/2012 Item 16.D.8.
ATTACHMENT I
ACTIVITY WORK PLANS
Contract Revised: 10!4/2011 27
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1/24/2012 Item 16.D.8.
ATTACHMENT 3: PROGRAM AND SPECIAL CONDMONS
1. Prior to the obligation or disbursement of any funds, except for administrative expenses not to exceed
Fifteen Thousand Dollars ($15,000), but in any case, no later than ninety-days (90) from the effective date
of this Agreement, the Recipient shall complete the following:
a. Comply with procedures set forth in 24 C,F.R. Part 58, Environmental Review Procedure for Title
I Community Development Block Grant Programs and 40 C.F.R. Section 1500 -1508, National
Environmental Policy Act Regulations. When this condition has been fulfilled to the satisfaction
of the Department, the Department will issue a Release of Funds.
b. Submit to the Department copies of at required policies and procedures that have been adopted by
the local government but were not provided at the time of original Application. Also, unless
submitted with the grant application, submit an executed copy of the required inter -local
Agreement if more than one local government will receive funding under this contract.
C. The documentation required in paragraph 2 below for any professional services contract
n
associated with activities funded under this grant
2. For each procured and executed professional services contract for which Disaster funding will be
requested, or within five (5) days of the execution of any yet to be procured professional services for
which Disaster funding will be requested, submit a cove of the procurement documents listed below. The
recipient proceeds at its own risk if it incurs or expends any funds for a professional services contract
before the Department reviews and approves the procurement
a. Public notice of the terms of the request for proposals in a newspaper of regional circulation,
including affidavit of publication;
b. List of entities to whom a notification of the request for proposals was provided by email, U.S
mail or by fax;
C. List of firms that submitted a proposal (only if short- listing procedure was used);
d. Completed short- listing evaluation / ranldng forms, including any ranking summary document,
and document transmitting the short- listed firms to the commission (only if short- listing procedure
used);
Contract Revised: 10/4/2011 28
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1/24/2012 Item 16.D.8.
e. Completed final evaluation / ranking forms;
f. Portion of commission minutes dealing with contract award-,
g. Cost breakout from selected firm. used for completion of the cost analysis (if pricing information
was not submitted with proposals);
h. Contract (signed or proposed);
i. Truth -in- Negotiation certification (if not in the contract) for engineering contracts over $150,000;
j. If a protest was filed, a copy of the protest and documentation of resolution;
k. A request for the Department's approval of a single source procurement if only one firm was
considered and the contract exceeds $25,000;
1. If a regional planning council or local government is performing the services, submit only a copy
of the contract and cost analysis information.
3 The Recipient shall not enter into a contract to be paid with Disaster funds based on a sole source or single
proposal procurement action without prior written approval from the Department. Failure to secure the
prior written approval shall relieve the Department of any obligation to fund the said procurement contract,
including any payments previously made. If professional services procurement will not be undertaken,
advise the Department.
4. For any activity that requires construction plans and specifications prepared by an engineer or architect:
a. Provide to the Department a copy of all engineering specifications and construction plans. The
Recipient shall also furnish the Department, prior to soliciting bids or proposals, a copy of all bid
documents for all services and/or materials to provide those services and/or materials for all
construction activities when the bids are expected to exceed $25,000. These submissions are for
the limited purpose of identifying the extent of the activities to be accomplished with Disaster
funds under this Agreement, and inclusion of program requirements, and in no way does it
indicate that. the Department has conducted a technical review of, or approved the plans or other
bidding documents;
Contract Revised: 10/4(2011 29
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1/24/2012 Item 16.D.8.
b.. The Recipient shall not publicize any request for bids for construction purposes or distribute bid
packages until the Department has provided to the Recipient, written acceptance of the
engineering specifications, construction plans, and bid documents; and
a In any service area which requires construction plans and specifications prepared by an engineer
or architect, no more than twenty-five .percent (25 %) of . the grant activity delivery amount
allocable to that service area may be requested until the construction plans and specifications for
that service area have been received for review by the Department. For the purpose• of this
condition, the allocable grant activity delivery amount for each service area is calculated by first
determining each service area's percentage of total project costs, excluding administrative costs,
and then multiplying the service area's percentage of total project costs by the total administrative
budget. This calculation results in a percentage of total activity delivery costs per service area
based on each service areas percentage of the grants total project costs, excluding administrative
costs.
5. Any procurement which requires public notice in a newspaper (except as otherwise provided for in this
contract) shall be published in a daily newspaper of general circulation in a nearby Office of Management
and Budget ( OMB) designated metropolitan statistical area (MSA). Alternatively, a local government may
substitute such notice with a combination of local newspaper publication and mailed announcements to
potential bidders, which generates at least three responsible and responsive bids or proposals. Such
publication and/or mailing shall allow at least 12 days for receipt of the proposals or bids.
a. The Department must provide written permission prior to the local government awarding any
contract exceeding $25,000 procured as a result of inadequate competition, a sole source or
noncompetitive procurement. For contracts below $25,000, the local government's files must
document the justification for such noncompetitive procurement which complies with 24 C.F.R.
85.36(b)(4).
No Request of Proposals or bid advertisement shall include a "minimum experience" clause in
order to submit a proposal or bid.
b. All contracts for professional services shall conform to the following:
i. Any Request for Proposals which includes more than one service shall provide that:
Proposals may be submitted for one or more of the services; qualifications and proposals
shall be separately stated for each service; The evaluation of the proposals shall be
separate for each service.
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30
1/24/2012 Item 16.D.8.
ii. A written evaluation, such as a ranking sheet or narrative, shall be prepared for each
proposal, ranking or comparing each proposal to the criteria in the published Request for
Proposals. Based on those criteria, the written evaluation will document why the
successful proposal was selected.
iii. A separate professional services contract must be procured and executed between the
local government and any professional services consultant for each particular CDBG
subgrant and each service. Each advertisement for procurement of CDBG professional
services, except for subgrant application preparation, must identify or the CDBG
subgrant agreement to which it is applicable.
iv. Each professional services contract must reference the CDBG subgrant agreement to
which it is applicable.
C. If CDBG and other sources of funding are being jointly used to fund activities .under a single
contract, the activities to be paid for with CDBG funds must be shown separately in the bid
proposal so that the CDBG activities and the amount of the contract to be paid from CDBG funds
are identifiable.
CL If after applying any specified deductive alternates, construction bids exceed available funds, the
local government shall not negotiate with the low bidder unless there is only one bidder or all
bidders are allowed to submit revised bids for the revised project.
e. If the construction cost can be reduced by deleting entire line items or reducing quantities based on
unit prices identified in the bid, the effect of such deletions or reductions on all bidders' prices
shall be determined. Contract award shall be made to the low, responsive and responsible bidder
for the revised project.
f. All contracts in excess of $100,000 covered by Section 3 regulations shall contain the language
required in 24 C.F.R. 135.36.
6. Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (URA), as amended, and:
a. Disaster funds will not be used for the cost of acquisition, the Recipient shall document
completion of the acquisition by submitting all documentation required for a desk: monitoring of
the acquisition, including notice to the property owner of their rights under URA, invitation to
accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale,
statement of settlement costs, copy of deed, waiver of rights (for donations), as applicable.
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31
1/24/2012 Item 16.D.8.
The documentation shall be submitted within 45 days of acquiring the property and prior to
advertising for construction bids for any activity that required the acquisition.
b. Disaster funds we'll _ be used for the cost of acquisition, the Recipient shall document completion of
all pre - acquisition activities by submitting. all documentation required for a desk monitoring of
those activities, including notice to the property owner of their rights under URA, invitation to
accompany the appraiser, all appraisals, offer to the, owner, acceptance, contract for sale, waiver
of rights (for donations), and estimated settlement costs, as applicable. The documentation
shall be submitted to the Department for review prior to closing on the property. A copy of
the final statement of settlement costs and a copy of recorded deed, with any required deed
restrictions, shall be submitted within 45 days of the acquisition.
7. Payment for the acquisition of property, right -of -way, or easement must be approved in writing by the
Department prior to distribution of funds. Should the Recipient fail to obtain Department approval, any
portion of the cost of the acquisition exceeding Fair Market Value as established in the Housing and
Urban Development (HUD) Handbook 1378 shall not be paid with Disaster funds. Furthermore, if grant
funds are used for acquisition, the requirements of 24 CFR 570.83 (e) (2) regarding final use or
disposition shall be met.
8. If grant funds are used for acquisition of property for, or infrastructure in support of, LMI housing
construction, construction of the housing must be completed and LMI benefit documented during the sub -
grant period
9. No payment from the Department shall be for an amount less than $5,000, unless it is a local government's
final request for funds. Additionally, all funds requested from the department must be expended within 3
days of receipt.
10. If the project involves installation of new sewer lines, or a new sewer treatment plant funded (partially
or wholly) from Disaster funds and new sewer lines funded by another source, the Recipient shall
document notification to appropriate households of the requirement in Section 381.00655(1), Fla. Stat.
(1995) to hookup to the sewer system within 365 days of its availability. (Note that the notification is to be
provided at least one year prior to the anticipated availability of the system.) Special assessments or impact
fees cannot be charged to households that are to be hooked -up to a water or sewage system.
11. The maximum percentage of CDBG funds that may be spent on design architectural and engineering costs,
excluding additional engineering services, shall be based on the total initial construction budget for eligible
subgrant activities which require architecture and engineering design and shall not exceed the Rural
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32
1/24/2012 Item 16.D.8.
Development (RD) Rural Utility Service (RUS) fee schedule in Florida RUS Bulletin 1780 -9 (rev.
1012009), incorporated herein by reference. Engineering and architectural services during construction
shall not exceed the Rural Development (RD) Rural Utility Services (RUS) fee schedule in Florida RUS
Bulletin 1780 -9 (rev. 6/2007), incorporated herein by reference.
a. If more than one design professional is needed for an activity or activities (e.g., a landscape
architect in addition to an engineer for sidewalk construction in a Commercial Revitalization
project), the local government shall not exceed the appropriate RD/RUS fee curve for each
activity covered by each design professional negotiated separately. For projects involving both
Table I and II activities, engineering costs shall be pro -rated appropriately. The Department will
not fimd or reimburse costs of engineering activities that are not eligible under the Rural Utilities
Service (RUS) fee schedule or those costs that exceed the RUS rates.
12. The Recipient, by executing this Agreement, certifies that program income received and retained by the
local government before closeout of the grant will be used to continue grant activities in compliance with
all applicable requirements of 25 C.F.R. Section 570.489(e). The amount of program income earned and
expended must be reported to the Department on a quarterly basis.
13. The Recipient shall undertake quarterly activities to affirmatively further fair housing pursuant to 24 C.F.R.
Section 570.487(b)(4). Quarterly shall be defined as an activity every three months for each year from the
effective date of the contract to the date of submission of the administrative closeout. The same fair
housing activity cannot be repeated within the four quarterly periods for the 12 month period.
14. A deed restriction shall be recorded on any real property or facility acquired with Disaster funds. This
restriction shall limit the use of that real property or facility to the use stated in the Application and that title
shall remain in the name of the Recipient. Such deed shall be made a part of the public records in the
Clerk of Court of the County in which the Recipient is located. Any future disposition of that real property
shall be in accordance with 24 C.F.R. Section 85.31. Any future change of use shall be in accordance
with 24 C.F.R. Section 570.4896).
15. The Recipient shall conduct all public hearings relating to this Agreement and performance hereunder in
a location that is accessible to physically handicapped persons or make such accommodations as
necessary to provide for active participation of handicapped persons desirous of attending such public
hearings.
16. All amendments to the activities contained in the application, including proposed new activities must be
approved by the Department in writing prior to the date of initiation of that activity or the execution of any
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1/24/2012 Item 16.D.8.
contract with any third party relating to such activity. The Department reserves the right to require that
an activity meeting the Low to Moderate Income (LMI) national objective be replaced with another activity
meeting the LMI national objective if the original activity cannot be completed.
17. All requests for subgrant amendments shall include the following written documentation for review by the
Department:
EL A cover letter signed by the Chief Elected Official or his or her designee which describes the need
for the proposed changes and their effect upon the approved project
b. All application forms that would be changed by the proposed amendment.
C. If applicable, a revised activity work plan; a revised budget showing the current and amended
budget; If there is a change in activity location, a legible map which indicates the proposed
change.
d. If applicable, a copy of the minutes of the meeting of the Citizen's Advisory Task Force (CATF)
when the proposed amendment was reviewed.
e. If applicable, a copy of the public notice of the public notice for the public hearing at which the
amendment was approved.
f. Signature of the Chief Elected Official on Modification Form DCA 07.02.
n
g The amendment must be received by the Department at least 45 days prior to the end of the
subgrant agreement. If the amendment is extending the subgrant agreement period, it must be
received by the Department at least 90 days prior to the. end of the subgrant agreement.
IL If the local government requests administrative closeout prior to the termination date of the
subgrant agreement, any amendment affecting closeout and requiring Department approval must
be included with the closeout
i. Any proposed amendment extending the termination date of the subgrant agreement must be
approved by the Department. The local government must explain any delay affecting project
completion and must justify the need for the extension.
18. The Recipient shall comply with the historic preservation requirements of 24 C.F.R. 58.17 and the
Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings
and with all other environmental regulatory requirements.
19. Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. Section 570.489(8).
Conflicts of interest relating to acquisition or disposition of real property; Disaster financial assistance to
beneficiaries, businesses, or other third parties; or any other financial interest, whether real or perceived,
shall be addressed pursuant to 24 C.F.R. Section 570.489(h).
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1/24/2012 Item 16.D.8.
20. The Recipient shall maintain records of its expenditure of funds from all sources that will allow accurate
and ready comparison between the expenditures and the contracted budget line items by service area
contracted activity as defined on Attachment A, Budget and Scope of Work, and on Attachment I, Activity
Work Plans.
21. If an activity is designed by an engineer, architect, or other licensed professional, it shall be certified upon
completion by a licensed professional as meeting the specifications of the design, as may have been
amended by change orders. The date of completion of construction shall be noted as part of the
certification. This certification shall be accomplished prior to submission of an administrative closeout
package, and a copy of the certification shall be submitted with the administrative closeout package.
22. Ifs as a result of a site visit, the Department identifies any issues affecting the eligibility for funding any
activity in the application, the local government shall provide information necessary to establish eligibility
for the activity under the Disaster Recovery initiative program requirements or replace the activity with a
new activity meeting program requirements.
23. Following demolition of a structure on private property, the local government shall place a lien against the
real .property for the cost of demolition. If the lien is not recorded against the real property, then the
demolition cost is not an eligible cost under the grant. A lien is not required when the demolition is
needed for residential reconstruction completed during_ the sub -grant period. A copy of the lien shall be
maintained in the project files. When the lien is paid, the funds shall be treated as program income in
accordance with CDBG regulations in 24 CFR 570.
24. For any activity performed as an "urgent need," the project files shall document that the activity meets the
requirements of 24 CFR 570.483 (d) to qualify under the "urgent need" national objective. For these
disaster recovery funds, the "threat to health or welfare" portion of the requirements may be established in
the context of the 2008 hurricane season damage. The Recipient must submit an appropriate and properly
completed National Objective Form, including attachments; to the Department for review and approval
before funds may be drawn down to implement those activities. A copy of the approved National
Objective Form must be maintained in the sub -grant file.
25. If grant funds are used for the "slum and blight" national objective, the Recipient must submit a National
Objective Form, including attachments, to the Department for review and approval before funds may be
drawn down to implement those activities. Before approval, the project files must document that the
activity took place in an area officially designated as "slum" or "blighted" and meets HUD requirements
for "slum and blight" on an area basis, or "slum and blight" on a "spot blight" basis. A copy of the
n
approved National Objective form must be maintained in the sub -grant file.
Contract Revised: 10 /4 12011
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1/24/2012 Item 16.D.8.
26. For activities where hookups or connections are required as a condition for beneficiary access to a Disaster
Recovery funded public improvement, no hookup or connection fees shall be charged to very- low, low
or moderate- income beneficiaries.
27. For any construction contract that requires payment of prevailing wages under the Davis -Bacon and
Related Acts (DBRA), the Recipient shall take the following actions so that the Department may meet its
DBRA tracking and reporting requirements to HUD for these funds:
a. Obtain a wage decision from the Department using its Wage Decision Request form or a
similar document with the same information; and
b. Prior to awarding the construction contract, submit the Bidding information and
Contractor Eligibility form, or document with the same information, and obtain the
Department's confirmation that the contractor is not excluded from participation in
federally funded projects.
28. Pursuant to the Robert T. Stafford Disaster Assistance and Emergency Relief Act (42 U.S.C. 5155), no
activity may receive assistance from these funds with respect to any cost that is reimbursable by FEMA,
eligible for Small Business Administration assistance, insurance, or any other program or sources. The
Recipient's project files shall document how compliance with this prohibition on duplication of benefits
was determined for each activity, including sub - recipients and, for housing or other direct benefit activity,
individual beneficiaries. Duplication of benefits identified during monitoring, by an audit, or other means
may require repayment of duplication of benefit funds.
29. Before expending disaster recovery funds for housing rehabilitation projects, the recipient must receive
prior written approval of release of funds and the file shall document damage by the applicable 2008
storm.
30. Recipients of these Disaster Recovery funds are responsible for management of all subrecipients vendors
and contractors that will receive funding from this grant or will assist the Recipient in carrying out the
activities funded under this grant. Recipients must take steps to ensure compliance with applicable Federal
and State rules and regulations. The Recipient's monitoring must cover each program, function or activity.
Site visits and any necessary review of files should be undertaken on a regular basis to ensure that projects
are being carried out in a timely manner and that they comply with required rules and regulations.
Recipients must report on the subrecipient, vendor and contractor progress on a quarterly basis using the
Department's Quarterly Status Report developed specifically for this Disaster Recovery funding.
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1/24/2012 Item 16.D.8.
Recipients are encouraged to develop written procedures and checklists for accomplishing such monitoring.
During on -site visits, the Department may request documentation that reviews of subrecipients or
contracted work has been monitored on a regular basis.
31. Definitions:
a. Administrative Costs - Administrative cost means the payment of all reasonable costs of
management, coordination, monitoring, and evaluation, and similar costs and carrying charges,
related to the planning and execution of community development activities, which are funded in
whole or in part under the Florida Community Development Block Grant Disaster Recovery
Program. Administrative costs for the 2008 Disaster Action PIan are 2.5% of the total grant
award Activity delivery cost means a cost, except engineering, that can be directly associated
with, and is required for, performing a specific activity. Activity delivery costs are charged to the
activity line item. Engineering costs shall be charged to the engineering line item and has a
separate limit. Activity delivery cost is a maximum of 5% for infrastructure and a maximum of
12% for housing activities.
b. Architectural and Engineering Services - Basic services required to be performed by an
architect or engineer licensed by the State of Florida including preliminary engineering, design
services and services during construction except for the following:
i. Site surveys for water treatment plants, sewage treatment works, dams, reservoirs, and
other similar special surveys as may be required, such as route surveys.
ii. Laboratory test, well tests, borings, specialized geological soils, hydraulic or other studies
recommended by the engineer.
iii. Property surveys, detailed description of sites, maps, drawings, or estimates related to
them, assistance in negotiating for land and easement rights.
iv. Necessary data and filing maps for water rights.
v. Redesigns ordered by the owner after final plans have been accepted by the owner and
the local government, except redesigns to reduce the project cost to within the funds
available.
vi. Appearance before courts or boards on matters of litigation or hearings related to the
project
vii. Preparation of environment assessments or environmental impact statements
viii. Performance of detailed staking necessary for construction of the project in excess of the
control skating.
ix. Provision of the operation and maintenance manual for facilities.
x. Activities required for obtaining state and federal regulatory agency construction permits.
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1/24/2012 Item 16.D.8.
xi. Design of hookups.
xii. Cost of engineering specialties such as electrical; hydro geological services; biologists;
and heating, ventilation, and air conditioning (HVAC).
C. Authorized Signature - the original signature of the Chief Elected Official or the signature of
a person who is designated by charter, resolution, code, ordinance or other official action of the
local government to sign Disaster Recovery related documents. If a signature other than the Chief
Elected Official is submitted, a copy of that designation must accompany that signature.
d. Direct Benefit - CDBG assistance that promotes or enhances individual well -being including
housing rehabilitation, sewer and water hookups, or job creation by a. Participating Party.
Activities taking place on private property provide direct benefit. Activities that only meet a
national objective through an area -wide determination and/or on public property (including
easements) do not confer direct benefit.
e Job Creation Location — is the geographic location within the project area where job creation
activities of the Participating Party and expenditure of non - public funds will occur. This excludes
any locations where public funds from any source are being expended for local government -owed
infrastructure, local government owned public facilities or within public easements or rights -of-
way.
f. lobs Created —means permanent jobs which were not in existence in the State of Florida prior to
the .provision of the disaster assistance and which would not be created without CDBG
Disaster Recovery assistance. In cases where an employer both creates and eliminates jobs, "jobs —
created" means the difference between the new jobs - created and the old jobs eliminated.
g. Jobs Permanent — a full-time position or a full -time equivalent position (2,000 hours annually) as
set forth in the application which is necessary to the overall goals and objectives of a business and
which has no known end, and which will be maintained by the Participating Party for a minimum
of one year from natural conditions or as otherwise clarified in 24 C.F.R. 570.483(b)(4).
h. Jobs Retained — a permanent position which, without CDBG Disaster Recovery assistance,
would be abolished by layoffs, plant closing, or other severe economic or natural conditions or as
otherwise clarified in 24 C.F.R. 570.483(b)(4).
i. Jurisdiction — is the corporate limits of a local government.
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1/24/2012 Item 16.D.8.
j Liquidated Damages - funds paid to a local government by a contractor, vendor, or any other
party pursuant to a pursuant to a CDBG- funded contract when such payment is triggered by
nonperformance or failure to perform on their part. This definition is applicable whether such
funds are withheld by the local government or repaid or rebated to the local government by the
contractor, vendor or third party.
L Public Notice - defined as an advertisement published in a local newspaper of general circulation
at least five days, and no more than 20 days, prior to the event for which the notice was placed.
The time period shall not include the date of publication of the notice.
1. Section 3 — refers to Section 3 of the Housing and Community Development Act of 1968, as
amended, as effective on 5- 23 -06, and 24 C.F.R. Part 135, as effective on 5- 23 -06, relating to
employment and other economic opportunities for lower income persons.
M. Service Area - total geographic area to be served by a sugbrant- funded activity. A service area
will encompass all beneficiaries who are reasonably served or would be reasonably served by an
activity.
32. An applicant may propose activities in other eligible jurisdictions as long as the applicant includes an
executed Interlocal Agreement with their application which:
i. Includes as parties all local governments whose jurisdictions are included in the project
and/or service area(s);
ii. Authorizes the applicant to undertake the activities in all jurisdictions included in the
interlocal agreement; and
iii. Affirms that all activities are consistent with each local government's comprehensive
Plan and provides documentation which includes applicable excerpts of each local
government's comprehensive plan in the supporting documentation section of the
application
33. Documenting LMI Benefit and National Objective:
a. HUD Census Data — LMI benefit maybe documented by using HUD provided Census Data
where the service area geographically corresponds with block groups, census tracts, or local
government geographical limits. A sample -based survey of the beneficiaries must utilize the
"Income Verification Form," Form 28.06, which must correspond with the random sampling
requirements established by HUD in Notice CPD- 05 -06, as effective on 5 -23 -06.
Contract Revised: 10/4/2011 39
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1/24/2012 Item 16.D.8.
L The survey process must verify eligibility of any proposed direct benefit activities; certify
the number of projected very low, low and moderate income households and
beneficiaries, and the total number of beneficiaries.
ii. Where the sample -based survey results substantially'overstate the proportion of persons
with low or moderate income in a service area, the Department will require the local
government to provide supporting evidence which substantiates the survey data. If the
survey results are found to be inaccurate, the application shall be rejected.
iii. For surveys of service areas under 50 households, all households must be surveyed. Any
non - responding household must be assumed to be above low and moderate income. The
number of household members for non- responding households may be verified through
third parties.
iv. For activities where hookups or connections are required for beneficiary access to the
public improvement, low and moderate income benefit shall be determined by the
number of low and moderate income persons in households connected to and able to use
the water, sewer or them infrastructure at the time of administrative closeout.
34. The applicant shall adopt and implement procedures to fulfill regulatory and statutory requirements
relating to Lead -Based Paint pursuant to 24 C.F.R. 570.487, 24 C.F.R. Part 35, and Section 302 of the
Lead -Based Paint Poisoning Prevention Act (42 U.S.C.. Section 4822 et sell.). The applicant is required
to:
a. Prohibit use of lead -based paint;
b. Notify potential beneficiaries of the hazards of lead based paint;
c. Inspect properties prior to initiating rehabilitation to determine if lead based paint is present;
d Take any necessary actions to ensure the protection of workers and occupants during abatement;
e. Ensure that proper cleanup and disposal procedures are used; and
f. Retain records of enforcement and monitoring for at least three years.
35. At the time of submission of the closeout report, the local government must have available documentation
which verifies its certification that all construction has been completed, inspected and approved by all
parties prior to the subgrant agreement end date and submission of the administrative closeout. Upon
completion of the activities contained in the local government's CDBG Disaster Recovery subgrant
agreement, including any amendments, the local government shall submit to the Department a closeout
which, at a minimum, gives the final statement of costs, certifies that the project and all non- administrative
activities are completed and accepted, that all costs except those reflected on the closeout; and reflected
on an enclosed final request for funds, and reports demographics of the program's beneficiaries.
Contract Revised: 10/4/2011 40
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1/24/2012 Item 16.D.8.
36. Liquidated damages, rebates, refunds, or any other " non - program income" funds received shall be used
to conduct additional eligible CDBG activities or retuned to the Department. Additional direct and
quantifiable costs (i.e., legal fees, court costs, engineering fees or administrative fees) generated by the
incident creating the liquidated dames may be deducted from the total liquidated damages prior to
undertaking additional activities or returning funds to the Department. Use of the funds for additional
eligible CDBG Disaster Recovery activities must be preceded by an amendment to the contract detailing
their use.
Contract Revised: 10/4/2011
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41
1/24/2012 Item 16.D.8.
ATTACHMENT J
GRANT SPECIFIC SPECIAL CONDITIONS (IF APPLICABLE)
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1/24/2012 Item 16.D.8.
ATTACHMENT K
CIVEL RIGHTS COMPLIANCE ASSURANCE
Fair Housing
As a condition for the receipt of Small Cities Community Development Block Grant funds, each recipient must
certify that it will "affirmatively further fair housing" in its community. A recipient shall demonstrate its
commitment to affirmatively further fair housing by implementing the actions listed below.
Each recipient shall do the following:
1) Have in place a fair housing resolution or ordinance that covers all federally protected classes [race, color,
familial status, handicap, national origin, religion, and sex);
2) Publish quarterly a phone number that people can call to ask fair housing questions or register a complaint;
3) Designate an employee who is available Monday through Friday during regular business hours to receive
fair housing calls;
4) Establish a system to record the following:
a) The nature of the calls,
b) The actions talaen in response to the calls,
c) The results of the actions taken, and
d) The end results of refm als to other agencies, when applicable;
5) Conduct at least one fair housing activity each quarter (See examples below.), and
6) Display a fair housing poster in the CDBG Office.
The fair housing contact person is expected to have received training so that they can handle fair housing phone
inquires or to refer the inquiries to the appropriate people/agencies. Records maintained by the contact will help the
community do the following:
1) Define where discriminatory practices are occurring,
2) Help the community measure the effectiveness of its outreach efforts, and
3) Provide the community with a means to gain information that can be used to design and implement
strategies that will eliminate fair housing impediments.
Examples of fair housing activities include the following:
• Presentations at schools, civic clubs, and neighborhood associations,
• Distributing fair housing materials at libraries, fairs, and businesses,
• Print a fair housing notice on utility bills mailed to residents, and
• Conducting fair housing workshops for city/county employees, realtors, bank and mortgage company
employees, insurance agents, and apartment complex owners.
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1/24/2012 Item 16.D.8.
Recipients shall document the fair housing activities and include information about the activities in the comment
section of their quarterly report.
Equal Employment Opportunity
As a condition for the receipt of Small Cities Community Development Block Grant funds, each recipient must
certify that it and the contractors that it hires with CDBG funds will abide by the Equal Employment Opportunity
Laws of the United States. A recipient shall demonstrate its commitment to abide by the laws through the actions
listed below.
Each recipient shall do the following:
1) Have in place an equal employment opportunity resolution or ordinance that protects its applicants and
employees and the applicants and employees of its contractors from discrimination in hiring, promotion,
discharge, pay, Tinge benefits, job training, classification, referral, and other aspects of employment, on the
basis of race, color, religion, sex, national origin, disability, age, or genetics;
2) Publish quarterly a phone number that residents can call to ask equal employment opportunity questions or
register a complaint;
3) Designate an employee who is available Monday through Friday during regular business hours to receive
equal employment opportunity calls; and
4) Establish a system to record the following:
a) The nature of the calls,
b) The actions taken in response to the calls, and
c) The results of the actions taken;
Each recipient shall maintain a list of certified minority- and women -owned businesses that operate in its region.
The recipient shall use this list to solicit businesses to bid on CDBG - funded activities and shall provide a copy of the
list to prime contractors to use when they hire subcontractors. The Department of Management Services maintains a
list of certified minority- and women -owned businesses that can be used for this purpose at the following website:
httas:// vendorstrator .dms.mvflorida.com/directo .
Section 504 and the Americans with Disabilities Act (ADA)
As a condition for the receipt of Small Cities Community Development Block Grant funds, each recipient must
certify that it provides access to all Federally funded activities to all individuals, regardless of handicap. A recipient
shall demonstrate its commitment to abide by the laws through the actions listed below.
Each recipient shall do the following:
1) Have in place a resolution or ordinance that is designed to eliminate discrimination against any person who
a) Has a physical or mental impairment which substantially limits one or more major life activities,
b) Has a record of such an impairment, or
c) Is regarded as having such an impairment;
Contract Revised: 1014!2011 44
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1/24/2012 Item 16.D.8.
2) Publish a phone number that residents can call to ask questions or register a complaint related to Section
504 or the Americans with Disabilities Act;
3) Designate an employee who is available Monday through Friday during regular business hours to receive
calls; and
4) Establish a system to record the following:
a) The nature of the calls,
b) The actions taken in response to the calls, and
c) The results of the actions taken.
The Section 504 prohibitions against discrimination (See 45 CFR Part 84.) apply to service availability,
accessibility, delivery, employment, and the administrative activities and responsibilities of organizations receiving
Federal financial assistance. A recipient of Federal financial assistance may not, on the basis of disability.
• Deny qualified individuals the opportunity to participate in or benefit from federally funded programs,
services, or other benefits,
• Deny access to programs, services, benefits or opportunities to participate as a result of physical barriers, or
• Deny employment opportunities, including hiring, promotion, training, and fringe benefits, for which they
are otherwise entitled or qualified.
The ADA (Title 11, 28 CFR Part 35 and Title III, 28 CFR Part 36) prohibits discrimination on the basis of disability
in employment, State and local government, public accommodations, commercial facilities, transportation, and
telecommunications. To be protected by the ADA, one must have a disability or have a relationship or association
with an individual with a disability.
Title II covers all activities of State and local governments regardless of the government entity's size or receipt of
Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity
to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation,
recreation, health care, social services, courts, voting, and town meetings). State and local governments are required
to follow specific architectural standards in the new construction and alteration of their buildings. They also must
relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with
people who have hearing, vision, or speech disabilities.
Title III covers businesses and nonprofit service providers that are public accommodations, privately operated
entities offering certain types of courses and examinations, privately operated transportation, and commercial.
facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as
restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless
shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports
stadiums and fitness clubs. Transportation services provided by private entities are also covered by Title M.
Contract Revised: 10/4/2011 45
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1/24/2012 Item 16.D.8.
Section 3 - Economic Opportunities for Low- and Very Low- Income Persons
Each recipient shall encourage its' contractors to hire qualified lo. w and moderate income residents for any job
openings that exist on CDBG - funded projects in the community. The recipient and its contractors shall keep records
to document the number of low and moderate income people who are hired to work on CDBG - funded projects. The
number of low and moderate income residents who are hired to work of the project shall be reported in the comment
section of the quarterly report.
The following clause from 24 CFR Part 135.38 is required to be included in CDBG- funded contracts of $100,000 or
more.
A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended, 12 USC §170lu (Section 3). The purpose of Section 3 is to
ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted
projects covered by Section 3, shall, to the greatest extent feasible, be directed to low - and very low- income
persons, particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement
Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are
under no contractual or other impediment that would prevent them from complying with the Part 135 n
regulations.
C. The contractor agrees to send to each labor organization or representative of workers with which the contractor
has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or
workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the
notice in conspicuous places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each;
and the name and location of the person(s) taking applications for each of the positions; and the anticipated date
the work shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with
regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of
the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations
in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice
or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.
E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1)
after the contractor is selected but before the contract is executed, and (2) with persons other than those to
whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 CFR Part 135.
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1/24/2012 Item 16.D.8.
F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination. of this contract
for default, and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the
Indian Self - Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed
under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for
training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts
shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are
subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent
feasible, but not in derogation of compliance with Section 7(b).
Civil Rights Statutes
As a condition for the receipt of Small Cities Community Development Block Grant funds, each recipient must
certify that it will abide by the following Federal laws and regulations:
1. Title VI of the Civil Rights Act of 1964 — Prohibits discrimination by government agencies that receive Federal
funding;
2. Title VII of the Civil Rights Act of 1964 — prohibits employment discrimination on the basis of race, color,
religion, sex, or national origin;
3. Title VIII of the Civil Rights Act of 1968 — as amended (the Fair Housing Act of 1988);
4. 24 CFR §570.487(b) — Affirmatively Furthering Fair Housing;
5. 24 CFR §570.606(b) — Relocation assistance for displaced persons at URA levels;
6. Age Discrimination Act of 1975;
7. Executive Order 12892 — Fair Housing;
8. Section 109 of the Housing and Community Development Act of 1974 — No person shall be excluded from
participation in, denied benefits of, or subjected to discrimination under any program or activity receiving CDBG
funds because of race, color, religion, sex or national origin;
9. Section 504 of the Rehabilitation Act of 1973 and 24 CFR Part 8, which prohibits discrimination against people
with disabilities;
10. Executive Order 11063 —Equal Opportunity in Housing;
11. Executive Order 11246 — Non-discrimination; and
Contract Revised: 101412011
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47
1/24/2012 Item 16.D.8.
12, Section 3 of the Housing and Urban Development Act of 1968, as amended — Employment/Training of Lower
Income Residents and Local Business Contracting.
I hereby certify that Collier County shall comply with all of the provisions and Federal regulations listed in this
attachment.
By:
(Authorized Signature)
Name:
Title:
Date:
Contract Revised: 10/4/2011
ATTACHMENT L
SIGNATURE AUTHORIZATION FORM
Packet Page -1943-
1/24/2012 Item 16.D.8.
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Department of Economic Opportunity — Small Cities Community Development Block 1/24/2012 Item 16.D.8.
ATTACHMENT L - Signature Authorization Form 10/1/2011
Submit an original Signature Authorization Form with each copy of the contract.
Recipient:
Contract Number:
Funding Source:
❑ Small Cities CDBG
Board of Collier County Commissioners
12DB-P5-09-21 -01 -K 39
® Disaster ❑ NSP
Mailing Address (Street or P.O. Box): 3339 Tamiami Trail East, Suite 211
Local Government DUNS #:
076997790
City, State, and Zip Code: Naples, Florida 34112
Project Contact Person:
Telephone Number:
E -mail Address:
Kim Grant, Interim Director
(239) 252 -8442 Ext:
kimberleygrant @colliergov.net
Financial Contact Person:
Telephone Number:
E -mail Address:
Ashlee Franco, Accounting
Supervisor
(239) 252 -2689 Ext:
ashleefranco @colliergov.net
Other Local Government Contact:
Telephone Number:
E -mail Address:
Lisa Oien, Grants Coordinator
(239) 252 -6141 Ext:
lisaoien @colliergov.net
Requests for Funds (RFFs) require (check one): ❑ one signature ® two signatures of individuals authorized
below. RFFs must be submitted via the Department's website at http: / /ecdbg.doe.mvforida.com/ (or by an
alternative means specified by the Department).
Name Typed: Kim Grant, Interim Director
Date:
Si nature
® Check here if above person is authorized
to submit RFFs.
E -mail Address:
Name Typed: Ashlee Franco, Accounting
Date:
Supervisor
Signature
® Check here if above person is authorized
to submit RFFs.
E -mail Address:
Name Typed: Kathleen Larsen, Accounting
Date:
Teachnician
Signature
® Check here if above person is authorized
to submit RFFs.
E -mail Address:
Name Typed: Lisa Oien, Grants Coordinator
Date:
Signature
❑ Check here if above person is authorized
to submit RFFs.
E -mail Address:
I certify, as the recipient's Chief Elected Official, that the above signatures are of the individuals authorized
to sign Requests for Funds and to submit RFF's electronically.
Typed Name: Fred W. Coyle, Chairman
Date:
Board of Collier County Commissioners
Signature
® Check here if your local government utilizes Electronic Funds Transfer (EFT) from the State of Florida.
® Check here if your local government will be working on a reimbursement basis.
❑ If this signature authority form pertains to a housing grant, check here if your local government will use an
escrow account for housing activities.
CDBG payments to local governments using EFT are automatically deposited in the local government's general
account. If the account is interest bearing, the CDBG funds must be transferred to a non - interest bearing account.
Please call the CDBG Program at 850/922 -1878 or 487 -3644 if you have questions. You can check the status of
your deposit at the Comptroller's website: http: / /flair.dbf.state.fl.us /.
Local governments not receiving EFT, and not working on a reimbursement basis, must establish a non - interest bearing account.
Provide account information for the financial institution (insured by FDIC) below. All signatures on the account must be bonded.
Name of Financial Institution: Fifth Third Bank
Account Number: 113 -8577
Address: 999 Vanderbilt Beach Road
Telephone Number: (239) 591 -6397
City, State and Zip Code: Naples, Florida 34108
Packet Page -1826-
1/24/2012 Item 16.D.8.
Applicant/Recipient U.S. Department of Housing OMB Approval No. 2510 -0011 (exp. 11/3012014)
Disclosure /Update Report and Urban Development
Instructions. (See Public Reporting Statement and Privacy Act Statement and detailed instructions on page 2.)
;ppncanvKecipient mtormation Indicate whether this Is an Initial Report
. Applicant/Recipient Name, Address, and Phone (include area code):
Collier County 3299 E. Tamiami Tr. Suite 303 Naples, Fl. 34112
rrogram name
CDBG /DRi /DREF #12DB- P5- 09- 21 -01 -K 39
the name
City and
or activity:
or an Update Report
2. Social Security Number or
Employer ID Number.
59- 63000558
4.
Requested /Received
$3,335,131.91
Part I Threshold Determinations
1. Are you applying for assistance for a specific project or activity? These 2. Have you received or do you expect to receive assistance within the
terms do not include formula grants, such as public housing operating jurisdiction of the Department (HUD) , involving the project or activity in
subsidy or CDBG block grants. (For further information see 24 CFR Sec, this application, in excess of $200,000 during this fiscal year (Oct. 1 -
4.3), Sep. 30)? For further information, see 24 CFR Sec. 4.9
❑ Yes ❑ No 717 Yes ❑ No.
If you answered "No" to either question 1 or 2, Stop! You do not need to complete the remainder of this form.
However, you must sign the certification at the end of the report.
Part II Other Government Assistance Provided or Requested / Expected Sources and Use of Funds.
Such assistance includes, but is not limited to, any grant, loan, subsidy, guarantee, insurance, payment, credit, or tax benefit.
Department/State/Local Agency Name and Address
Type of Assistance
Amount
Requested/Provided
Expected Uses of the Funds
(Note: Use Additional pages it necessary.)
Part III Interested Parties. You mustdisdose:
1. All developers, contractors, or consultants involved in the application for the assistance or in the planning, development, or implementation of the
project or activity and
2. any other person who has a financial interest in the project or activity for which the assistance is sought that exceeds $50,000 or 10 percent of the
assistance (whichever is lower).
Alphabetical list of all persons with a reportable financial interest
in the project or activity For individuals give the last name first
Social Security No.
or Employee ID No.
Type of Participation in
Project/Activity
Financial Interest in
Project/Activity $ and %
(Note: Use Additional pages if necessary.)
Certification
Warning: If you knowingly make a false statement on this form, you maybe subject to civil or criminal penalties under Section 1001 of Title 18 of the
United States Code. In addition, any person who knowingly and materially violates any required disclosures of information, including intentional non-
disclosure, is subject to civil money penalty not to exceed $10,000 for each violation.
1 certify that this information is true and complete.
(mmldd/yyyy)
1/24/2012
, Chairman, Board of Collier County Commissioners
Packet Page -1827- Form HUD -2880 (3/99)
1/24/2012 Item 16.D.8.
Community Development Block Grant Disaster Recovery Program Information Form n
Federal Fiscal Year 2008 1State Fiscal Year 2011/2012 Funding Cycle
Contract Number: 12DB- P5- 09- 21 -01 -K 39 CFDA Number: 14.228
Names and Addresses
Contract Recipient
Name of Chief Elected Official: Fred W. Coyle
Title: _Chairman. Board of Collier County Commissioners
Address: 3299 E.Tamiami Trail Suite 303
City, State, Zip Code: Naples, Florida 34112
Area Code/Telephone No: Suncom No: Area Code /Fax Number
(239) 252 -8097 (239) 252 -3602
E -Mail Address: fredcoyle&colliergov.net
Chief Financial Officer
Name of Chief Financial Officer: Ashlee Franco
Title: Accounting Supervisor
Address: 3339 E. Tamiami Trail Building H room 211
City, State, Zip Code: Naples, Florida 34112
Area Code/Telephone No: Suncom No: Area Code /Fax Number
(239) 252 -2689 ( 239) 252 -2638
E -Mail Address: ashleefranco@colliergov.net
3. Local Contact Person
Name of Local Contact Person: Kim Grant
Title: Interim Director. Housing and Human Services
Address: 3339 E. Tamiami Trail Building H room 211
City, State, Zip Code: Naples, Florida 34112
Area Code/Telephone No: Suncom No: Area Code /Fax Number
( 239) 252 -8442 239 252 -2638
E -Mail Address: kimberlevgrant(a)colliergov.net
Packet Page -1828-
n
4. Private Consultant (if Applicable)
Name of Consultant:
I Firm:
I Address:
City, State, Zip Code: _
Area Code/Telephone No:
E -Mail Address:
Administrative Data
1/24/2012 Item 16.D.8.
Area Code /Fax Number
1. Local Government FID Number: 59- 63000558
2. Districts: United States Congress 14, 25
Florida Senate 37, 39 Florida House 75, 76, 101,
112
3. If the local government is not receiving Electronic Funds Transfer (EFT) from the State of Florida,
please provide an address for transmittal of the reimbursement warrant:
Local Government:
Street Address:
City, State, Zip:
4. Please provide a brief Project Description:
Projects funded with the Disaster Recovery Enhancement funds are within four
service areas. Activities within three of the service areas include hurricane
hardening at three different multifamily affordable rental housing communities.
Generators will be installed at one of these communities. The fourth project is a
continuation of the Disaster Recovery Initiative 2008 funded project. This project
continues improvements to the stormwater system in the Immokalee area.
Packet Page -1829-
1/24/2012 Item 16.D.8.
CIVIL RIGHTS PROFILE (07.02)
RECIPIENT NAME Collier County
CONTRACT NUMBER 10- DB- D4- 09- 21- 01 -K09 DATE: May 2010
DEMOGRAPHIC DATA
1. Total Number of Local Government Employees: 1612 (Do NOT include constitutional officers)
2. Number of Employees who work on CDBG funded activities: 15
3. Total Number of Local Government Minority Employees: 366 (Do NOT include constitutional
officers)
4. Number of Minority Employees who work on CDBG funded activities: 8
5. Local Government Population # 292,932 (Counties do NOT include populations of incorporated cities)
6. Local Government Minority Population: (Counties do NOT include populations of incorporated cities) 40.717
7. Local Government Minority Population Percentage: (Counties do NOT include populations of incorporated
cities) 13.9%
8. Percentage of Persons of Low and Moderate Income in the Local Government: 22.5 (Counties
do NOT include populations of incorporated cities)
For Neighborhood Revitalization and Commercial Revitalization Only
9. Service Area Population:
10. Percentage of Persons of Low and Moderate Income in the Service Area:
To document civil rights compliance, this profile should be completed and returned to:
CDBG, Disaster Recovery Section
Florida Department of Economic Opportunity
107 E. Madison Street, MSC 400
Tallahassee, FL 32399 -6508
Retain a file copy in the event that a CDBG grants monitor wishes to review it during a monitoring visit.
Packet Page -1830-
1/24/2012 Item 16.D.8.
CIVIL RIGHTS PROFILE (07.02)
Use application survey data or census data, as appropriate, to determine beneficiary information. Complete a form
n for each activity, except Administration and Engineering. Submit civil rights information with executed contract and
update upon completion of grant.
Total Beneficiaries in Service Area:
Using project data on eligible individuals, enter number of individual beneficiaries in each population group
to be assisted.
2. LMI Beneficiaries in Service Area:
Using project data regarding individuals, enter number of individual LMI beneficiaries in each population
group to be assisted.
FOR ECONOMIC DEVELOPMENT GRANTS ONLY (should be provided at the time of grant completion)
3. Job Applicants:
Use job applicant information provided by the employer and enter number of individual job applicants in
each population group to complete.
4. Job Hires:
Use job applicant and hiring information provided by the employer and enter number of job hires
(employees) holding jobs when final job creation requirements have been met.
5. FOR HOUSING GRANTS ONLY:
(Complete column 2 below at closeout using data provided by assisted households.)
ACTIVITY NAME:
Population
1.
2.
3.
4.
5.
Group
Total
LMI
Job
Employees
Housing
Beneficiaries
Beneficiaries
Applicants
Hired
Beneficiaries
White /non
Hispanic
Black/non
Hispanic
Hispanic
Asian /Pacific
Islander
American Indian
/Alaskan Native
Hasidic Jews
Female Head of
Household
Elderly Head
of Household
Handicapped
Packet Page -1831-
1/24/2012 Item 16.D.8.
Florida Community Development
Block Grant Program
Disaster Recovery Initiative
Application for HUD Disaster Recovery Funding - Disaster Recovery Enhancement Funds
Department of Housing and Urban Development
[Docket No. FR -5256-N-01]
Federal Resister / Volume 74 Number 29 dated February 13 2009
[Docket No. FR- 5337 -N -01]
Federal Register / Volume 74 Number 156 dated August 14 2009
2008 Supplemental CDBG Appropriations
Robert T. Stafford Disaster Relief and Emergency Assistance Act
Applicant: Collier County Board of County Commissioners
5r
Billy Buzzett
Secretary
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
httg://www.floridacommunilydevelODment-org/disasterrecovery.cfm
Packet Page -1832-
1/24/2012 Item 16.D.8.
Table of Contents
GeneralInformation ...................................................................................... ..............................3
NationalObjectives ........................................................................................ ..............................3
Waivers........................................................................................................ ..............................3
Application & Implementation Webinar ............................................................ ..............................4
Required Application Procedures ..................................................................... ..............................4
Readinessto Proceed .................................................................................... ..............................5
FundingAllocation ......................................................................................... ..............................6
Citizen Participation Requirements .................................................................. ..............................7
CountyRecipients .................................................................................................................................. ............................... 7
Citizen Participation Requirements ....................................................................................................... ............................... 7
LOCAL GOVERNMENT INFORMATION ............................................................................................... ............................... 8
APPLICATION PREPARER INFORMATION ........................................................................................... ............................... 8
APPLICATIONINFORMATION ............................................................................................................ ............................... 8
HISTORICPRESERVATION .................................................................................................................. ............................... 9
PROJECT DESCRIPTION NARRATIVE BY PROJECT AND SERVICE AREA ............................................... ............................... 9
ASSURANCES, CERTIFICATIONS AND SIGNATURES ......................................................................... ...............................
10
OTHERCERTIFICATIONS .................................................................................................................. ...............................
11
ELIGIBLE ACTIVITIES (TO BE USED BY ALL APPLICANTS) ............................... .............................15
LMIBENEFIT CRITERIA ................................................................................ .............................16
SERVICEAREA SURVEYTO DETERMINE LMI BENEFIT .......................................................................... ...............................
16
DOCUMENTING LMI BENEFITAND NATIONAL OBJECTIVE .................................................................. ...............................
16
ATTACHMENTA ........................................................................................... .............................17
GeneralGuidelines ....................................................................................... .............................17
Sub - recipients ...................................................................................................................................... ...............................
17
Interloca/ Agreements ......................................................................................................................... ...............................
17
ProgramIncome .................................................................................................................................. ...............................
17
Duplicationof Benefits ........................................................................................................................ ...............................
17
Beneficiaries of Public Improvements .................................................................................................. ...............................
18
HousingRehabilitation Standards ....................................................................................................... ...............................
18
ManufacturedHousing ........................................................................................................................ ...............................
18
Hookupand Connection Fees ................................................................................................................ .............................18
MonitoringVisits ................................................................................................................................. ...............................
19
Definitions................................................................................................. ...............................
20
ATTACHMENTB ......................................................................................... ...............................
22
Household Income Verification Form ............................................................ ...............................
22
SECTION1 ............................................................................................................................................. ...............................
22
SECTION11 ............................................................................................................................................ ...............................
22
SECTION111 ........................................................................................................................................... ...............................
22
SECTIONIV ........................................................................................................................................... ...............................
23
ATTACHMENTC ........................................................................................... .............................24
SLUM & BLIGHT for SPOT BASIS ................................................................. ...............................
24
ATTACHMENTD ........................................................................................... .............................26
SLUM & BLIGHT for AREA BASIS ................................................................. ...............................
26
ATTACHMENTE ......................................................................................... ...............................
29
URGENTNEED ............................................................................................. .............................29
NATIONAL OBJECTIVE FORM ...................................................................... ...............................
29
ATTACHMENTF ......................................................................................... ...............................
31
GENERAL INSTRUCTIONS FOR PREPARING AN ESTIMATED PROJECT BUDGET . .............................31
ATTACHMENTG ............................................................................................ .............................32
AFFORDABLE RENTAL HOUSING ................................................................... .............................32
ATTACHMENT H - PROGRAM BUDGET AND SCOPE OF WORK SUMMARY .......... .............................34
ATTACHMENT I - SCOPE OF WORK BY SERVICE AREA .................................... .............................35
Packet Page -1833-
1/24/2012 Item 16.D.8.
ATTACHMENT I - SCOPE OF WORK BY SERVICE AREA .................................... .............................36
ATTACHMENT I - SCOPE OF WORK BY SERVICE AREA .................................... .............................37
ATTACHMENT I - SCOPE OF WORK BY SERVICE AREA .................................... .............................38 ^
ATTACHMENT I - SCOPE OF WORK BY SERVICE AREA .....................Error! Bookmark not defined.
General Information
The Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Pub. L.
110 -329, approved September 30, 2008) (hereinafter, "Second 2008 Act" to differentiate it from the
earlier 2008 Supplemental Appropriations Act, Pub. L. 110 -252, approved June 30, 2008)
appropriates $6.5 billion, to remain available until expended, in CDBG funds for necessary expenses
related to disaster relief, long -term recovery, and restoration of infrastructure, housing and economic
revitalization in areas affected by hurricanes, flooding, and other natural disasters that occurred
during 2008, for which the President declared a major disaster under title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 etseq.). The availability of the funding
was formally announced in the Federal Register (Volume 74, No. 29 and Volume 74, Number 156) on
February 13, 2009 and August 14, 2009, respectively. The Federal Register may be accessed online at
hgp: / /www.floridacommunit development ora /cdbg /disasterrecovery cfm.
Federal requirements clearly state that the funds can be used only for disaster relief, long -term
recovery in communities affected by the specified disasters. Requirements provide that the funds be
directed to areas with the greatest need. Award recipients cannot use this disaster assistance for a
project or activity that was underway prior to the Presidential disaster declaration, with the specified
time period in the appropriations act. All projects must be directly related to one or more of the
storms. Elements of activities that are reimbursable by FEMA or available through the Small Business ^
Administration (SBA) cannot be reimbursed with these funds.
Please note that the State's Action Plan requires a minimum goal of 14% of total funds to be
allocated towards affordable rental housing. If, after reviewing the applications, it is determined that
this amount has not been met, up to 14% of the funds awarded to counties that do not plan to
address affordable rental housing may be re- allocated to counties with unmet affordable rental
housing needs.
National Objectives
All activities must meet one of the three national objectives set out in the Housing and Community
Development Act (address slum and blight, urgent need, primarily benefit low to moderate income
(LMI) persons), with at least 50% of the dollars going towards projects benefiting LMI persons. All
housing projects must benefit LMI persons. Please use forms provided under Attachments to justify
national objective.
Waivers
The Act authorized HUD to waive, or specify alternative requirements for any statute or regulation
that HUD administers in connection with the funds, except for requirements relating to fair housing,
nondiscrimination, labor standards, and the environment, as long as the waiver facilitates the use of
the funds and is not inconsistent with the overall purpose.
A limited waiver of the anti - pirating clause allows the flexibility to provide assistance to a business
located in another state if the business was displaced from the community by the disaster and the ^
business wishes to return. This waiver allows grantees affected by a major disaster to rebuild the
Packet Page -1834-
1/24/2012 Item 16.D.8.
community's employment base.
HUD has waived the one -for -one replacement of LMI housing units demolished or converted using
CDBG funds. This waiver allows grantees to acquire, convert or demolish disaster - damaged housing
without having to provide a unit for unit replacement.
Additional waivers may be considered on a case -by -case basis if an award recipient chooses to fund a
flood buyout program with both HUD and FEMA funds and needs the waiver to develop a workable
program design. Applicants must contact the Department of Community Affairs if they believe further
waivers are required to ensure the success of the recovery effort.
Application & Implementation Webinar
The application webinar will be held on May 26, 2011. The application cycle will open on May 26,
2011 and close on June 27, 2011. Applications must be received by the CDBG Program at the
address below, whether mailed or delivered, by 5:00 p.m., Eastern Standard Time, on June 27, 2011:
Community Development Block Grant Section
Division of Housing and Community Development
2555 Shumard Oak Boulevard, Room 260 - N or 260 - A
Tallahassee, Florida 32399 -2100
Required Application Procedures
1. Fully complete the application.
2. Submit three copies of the application: (1) Two copies with original signatures of the Chief Elected
Official or Designee (If designee, include resolution in appendices). Copies should be submitted in
a three -ring binder, with a table of contents, an executive summary, and dividers with labeled
tabs. (2) One electronic copy should also be submitted to DisasterRecove ryOdca.state.fl.us. A pdf
version of the application will be forwarded to all local government contacts. Submitted
3. Submit a detailed map depicting the boundaries of the local government, the service area, the
location of the activities, the flood plain and other relevant details. Submitted
4. If available at the time of application, submit copies of any policies that are applicable to CDBG
(i.e., citizens' complaint policy, acquisition and relocation policy, housing assistance plan,
procurement policy, subrecipient monitoring plan, etc.). If not available at submission of
application, submit during site visit. Recipients who fail to provide these policies will be prohibited
from drawing down funds. Site Visit
5. Submit copies of any other documents that support your application or relate to the requirements
set out in the Action Plan or Federal Register. Supply documentation that confirms the project is
recovery from the 2008 storms. Submitted
6. Submit a copy of an "Interlocal Agreement" if a project will, in any way, impact another local
government i.e. take place in another jurisdiction. Not Applicable
7. Number the appendices. Completed
8. Comply with the Intergovernmental Coordination and Review (IC &R) process outlined below.
Completed
Packet Page -1835-
1/24/2012 Item 16.D.8.
— By the application deadline date, submit 15 copies of the application to the Florida State
Clearing House, Department of Environmental Protection, Commonwealth Building,
Tallahassee, Florida 32399. Submitted
— A transmittal letter must accompany the materials that the local government sends to the
State Clearing House. This letter should request that the State Clearing House send copies of
any correspondence that they may send to the local government to the DCA CDBG Program.
The local government may also ask the State Clearing House to send copies to other parties
such as consultants and engineers. Submitted
— Submit one copy of the application to the Regional Planning Council that serves the local
government. Submitted
9. Use Attachment B — Household Income Verification Form (Form 27 -07), if a survey is conducted
to document beneficiaries. Not Applicable
10. Fill out National Objective Forms (Attachments C, D, or E) Not Applicable
11. Follow Attachment F, General Instructions for Estimating Project Budget, when preparing the
budget to be submitted with the application. Site Visit
12. Fill out Attachment G: Affordable Rental Housing Scope of Work, when describing your intended
efforts to secure affordable rental housing disaster recovery projects. Submitted
13. All applications must include Attachment H: Project Budget and Scope of Work. Submitted
14. Use Attachment I: Scope of Work by Service Area, if your project has various service areas.
Submitted
Readiness to Proceed
To assist the Department in assessing the applicant's ability to proceed in a timely manner, please
answer the following questions. Your response will have no bearing on your application's approval,
but will assist us in determining the types of technical assistance to provide. 1*0"111
1. Has the applicant designated a program, office or staff for the
Yes
No
administration of a community development block grant, or
X
2. Does the applicant regularly contract with a consultant for the
Yes
No
administration of a community development block rant?
X
3. Does the applicant have a citizen complaint policy, acquisition and
Yes
No
relocation policy, housing assistance plan and procurement policy in place
X
that meets HUD guidelines? If not, you may wish to visit the CDBG web
site for examples:
http:// www .floridacommunitydevelor)ment.or /q cdbg /index.cfm
4. Has the applicant developed, or does the applicant plan to develop, a
Yes
No
long -term recovery plan as a result of the disasters?
X
5. Has the applicant developed a system or plan to avoid the Duplication of
Yes
No
Benefits? I
X
Packet Page -1836-
1/24/2012 Item 16.D.8.
Funding Allocation
This allocation is based on the Department's compilation of preliminary damage assessment data
� from FEMA used during Tropical Storm Fay and the number of local governments accepting DREF.
The allocation of funding is provided below.
County
0/4) of
Original
Threshold
Group
Total DREF
Award w/o
State Admin
Simple DREF
Award
u
/o of Group
Accepting DREF
Reallocation
Amount
Simple DREF
Award Plus
Reallocation
Leon
12.88%
$ 26,221,828.42
$3,377,648.43
12.95%
$17,994.00
$3,395,642.42
Collier
12.61%
$,26,221,828.42
r
$3j305,968.18
12.68%
$ 17 994.00
$3,323,962:18
St. Lucie
10.20%
$ 26,221,828.42
$2,673,928.58
10.27%
$17,994.00
$2,691,922.57
Escambia
8.94%
$ 26,221,828.42
$2,345,087.01
9.01%
$17,994.00
$2,363,081.00
Brevard
8.28%
$ 26,221,828.42
$2,172,267.75
8.35%
$17,994.00
$2,190,261.75
Palm Beach
8.27%
$ 26,221,828.42
$2,167,899.04
8.34%
$17,994.00
$2,185,893.04
Duval
6.49%
$ 26,221,828.42
$1,701,433.78
6.56%
$17,994.00
$1,719,427.78
Volusia
5.28%
$ 26,221,828.42
$1,384,647.48
5.35%
$17,994.00
$1,402,641.48
Gulf
3.21%
$ 26,221,828.42
$841,547.61
3.28%
$17,994.00
$859,541.61
Monroe
3.15%
$ 26,221,828.42
$825,881.50
3.22%
$17,994.00
$843,875.50
Sarasota
2.98%
$ 26,221,828.42
$781,030.37
3.05%
$17,994.00
$799,024.37
St. Johns
1.65%
$ 26,221,828.42
$431,471.77
1.71%
$17,994.00
$449,465.77
Bay
1.58%
$ 26,221,828.42
$413,792.19
1.65%
$17,994.00
$431,786.19
Putnam
1.52%
$ 26,221,828.42
$397,910.74
1.59%
$17,994.00
$415,904.74
Flagler
1.10%
$ 26,221,828.42
$288,836.64
1.17%
$17,994.00
$306,830.64
Nassau
0.85%
$ 26,221,828.42
$222,361.95
0.92%
$17,994.00
$240,355.95
Broward
0.97%
$ 26,221,828.42
$253,608.56
Martin
0.86%
$ 26,221,828.42
$224,969.04
0.93%
$17,994.00
$242,963.04
Okaloosa
0.85%
$ 26,221,828.42
$223,759.57
0.92%
$17,994.00
$241,753.57
Hardee
0.80%
$ 26,221,828.42
$210,113.57
0.87%
$17,994.00
$228,107.57
Santa Rosa
0.73%
$ 26,221,828.42
$192,419.39
0.80%
$17,994.00
$210,413.39
Miami -Dade
0.64%
$ 26,221,828.42
$167,557.29
0.71%
$17,994.00
$185,551.29
Calhoun
0.63%
$ 26,221,828.42
$166,039.89
0.70%
$17,994.00
$184,033.89
Alachua
0.60%
$ 26,221,828.42
$157,886.13
0.67%
$17,994.00
$175,880.13
Okeechobee
0.60%
$ 26,221,828.42
$156,151.72
0.66%
$17,994.00
$174,145.72
Wakulla
0.58%
$ 26,221,828.42
$152,387.58
0.65%
$17,994.00
$170,381.58
Seminole
0.55%
$ 26,221,828.42
$143,461.36
Baker
0.50%
$ 26,221,828.42
$131,327.12
Franklin
0.38%
$ 26,221,828.42
$99,527.37
0.45%
$17,994.00
$117,521.37
Lake
0.36%
$ 26,221,828.42
$93,982.37
0.43%
$17,994.00
$111,976.37
Hendry
0.34%
$ 26,221,828.42
$90,411.68
0.41%
$17,994.00
$108,405.68
Kissimmee
0.31%
$ 26,221,828.42
$80,401.07
0.38%
$17,994.00
$98,395.07
Gadsden
0.31%
$ 26,221,828.42
$80,255.07
0.37%
$17,994.00
$98,249.07
Highlands
0.26%
$ 26,221,828.42
$67,041.43
0.32%
$17,994.00
$85,035.43
Clay
0.25%
$ 26,221,828.42
$66,740.14
0.32%
$17,994.00
$84,734.14
Glades
0.25%
$ 26,221,828.42
$66,670.13
0.32%
$17,994.00
$84,664.13
Jefferson
0.25%
$ 26,221,828.42
$65,404.91
100.00%
$26,221,828.42
100.00%
$26,221,828.42
Packet Page -1837-
Citizen Participation Requirements
County Recipients
1/24/2012 Item 16.D.8.
Counties eligible to receive funds must consider the needs of all municipalities (and Federally
Recognized Indian Tribes) within the incorporated as well as unincorporated area of the county (and
reservations contiguous to the county).
Evidence of public meeting with city and Tribal governments must meet the following requirements:
• Notice of the public meeting must be provided at least five (5) days prior to the meeting.
• Documentation of the meeting must include sign -in sheets and minutes.
Citizen Participation Requirements
Prior to submitting an application for Disaster Recovery funding, applicants are required to post a
public notice in a newspaper of general circulation and to their website, that states the types of
projects to be undertaken, the source and amount of funding available for the activities, the date by
which comments must be made, and a contact person for a copy of the proposed application.
Applicants must provide for a 10 -day comment period, which must be published prior to the
submission of the application.
Evidence of the public notice must meet the following requirements:
• Documentation of newspaper advertisement.
• Print -out of county webpage showing public notice.
• Documentation that the needs of non - English speaking citizens have been met where a
significant number of non - English speaking citizens can be reasonably expected to participate.
Packet Page -1838-
1/24/2012 Item 16.D.8.
LOCAL GOVERNMENT INFORMATION
Local Government Applicant
County
DUNS #:
Collier County Board of County Commissioners
Collier 1076997790
Local Contact
Title
Marcy Krumbine
Director — Housing, Human and Veteran Services
Phone Number
FAX Number
239- 252 -4663
239- 252 -6542
Mailing Address
Street Address
3339 E. Tamiami Trail Suite 211
3339 E. Tamiami Trail Suite 211
City
Zip Code
134112
Naples
E -mail Address
marcykrumbine@colliergov.net
Chief Elected Official
Title
Fred W. Coyle
Chairman, Collier County Board of County Commissioners
Chief Elected Official's Address (if different)
3301 E. Tamiami Trail, Naples, FL 34112
Na les Florida 34112
Indicate the cities or Tribes that will be served in addition to the county:
N/A
APPLICATION PREPARER INFORMATION
Application Preparation Agency or Firm
Collier County Department of Housing, Human and Veteran Services
Address
Phone Number
3339 E. Tamiami Trail, Suite 211
239- 252 -4663
-Naples, FL 34112
Contact
Title
Frank Ramsey
Housing Manager, Department of Housing, Human and
Veteran Services
E -Mail Address
frankramsey@colliergov.net
Type of Agency Preparing
Private Firm
Regional Planning
Government
Other (Specify)
Application (Check One):
Council
Agency
X
APPLICATION INFORMATION
List all jurisdictions in which recovery activities will take place (i.e.,
Enter the amount of funding that
county unincorporated area, names of any municipalities, and Tribal
the local government is
governments).
requesting:
Collier County, City of Naples, Immokalee
$3,323,962 .00
Is the local government covered by the National Flood Insurance Program?
Yes
No
X
Are the activities consistent with the local comprehensive plan?
Yes
No
X
Are you entering into an Interlocal Agreement with another local government in
Yes
No
order to apply for administer or car out the project activities?
X
[District .S. Congressional District
Florida Senate District(s)
Florida House District(s)
14 and District 25
District 37 and District 39
Districts 75, 76 101, 112
Packet Page -1839-
1/24/2012 Item 16.D.8.
HISTORIC PRESERVATION
Will the project or any related activities result in direct physical changes to a
Yes
No
structure older than 50 years, such as demolition (partial or complete),
X
rehabilitation restoration remodeling, renovation expansion, or relocation?
Will the project or any related activities result in direct physical changes to public
Yes
No
improvements older than 50 years, such as stone curbs or brick streets?
X
Will the project or any related activities result in direct physical changes to a
Yes
No
tanned open space older than 50 years, such as a park or plaza?
X
Will any project activities occur within 100 feet of a structure, public improvement,
Yes
No
or planned open space older than 50 ears?
X
Will any project activities occur in a Historic District listed on the National Register?
Yes
No
X
If "yes" was a response to one of the questions above, you must contact the State Historic Preservation
Office (SHPO) immediately. Properties that are listed, or eligible for listing, in the National Register of
Historic Places must meet the specifications reflected in the Secretary of the Interiors Standards or
Rehabilitation Guide lines for Rehabilitating Historic Buildings (U.S. Department of the Interior, National
Park Service). Copies of this publication and technical assistance on historic preservation issues may be
obtained from the SHPO.
PROJECT DESCRIPTION NARRATIVE BY PROJECT AND SERVICE AREA
(must be completed by all applicants)
A detailed written narrative shall include the following:
1. An explanation of the process by which the project(s) outlined in this application were determined to
be the County's disaster recovery priorities. If the project is a continuation or expansion to a project
that is currently in progress, please indicate that in your response.
2. An explanation of the reason and need for using CDBG funds (i.e., not covered by FEMA, insurance
or other sources of funding). This explanation must specifically state how it relates to storms and
documentation must be provided with application.
3. Documentation must include, but is not limited to:
1. Photographs (before);
2. Reports: FEMA, Damage Assessment Report, insurance, police, county, etc.;
3. Newspaper articles;
4. Television news stories (provide DVD);
5. Code Enforcement or Public Works Department Staff; certification of local housing authority
4. A description of each proposed activity by service area that includes:
a. The purpose of the project and the National Objective met by the project *,
b. The number of units to be completed (i.e. linear feet of waterlines, installed homes
rehabilitated),
c. The costs of the project,
d. The beneficiaries (total and LMI) of the activities, and
e. The location of the activities.
Packet Page -1840-
1/24/2012 Item 16.D.8.
(If any of the documentation is unavailable please provide a brief explanation)
15. A list of other sources of funds that have been made available to the County for recovery and a brief
description of the activities being funded. (This information should be very brief.)
Please feel free to use as many pages as necessary to fully describe the activities that you wish to fund
with CDBG disaster recovery dollars.
* Need National Objective Forms (Attachments C, D, or E)
ASSURANCES, CERTIFICATIONS AND SIGNATURES T
This is an application for a Disaster Recovery grant (funded by the U.S. Department of Housing and
Urban Development and administered by the Florida Department of Community Affairs). I, the
undersigned chief elected official or authorized representative of the local government, certify that the
application has been approved by the local governing body and that the local government will comply
with the following certifications and assurances as well as applicable federal and state requirements in
the administration of any award that is made.
Failure of the Chief Elected Official to properly sign the application by the dead line, or failure to include
a copy of the ordinance or resolution of the governing body authorizing another individual to sign the
application, will result in the delay of Your anolication bein4 processed.
I, the undersigned, certify that:
1. Citizen participation requirements will be met.
2. In identifying the areas of greatest need due to disaster - sustained damage, eligible activities and
solutions to address those needs were selected through consultation and cooperation with the city
governments and Tribes in the county.
3. The local government will satisfy the Intergovernmental Coordination and Review requirements by
submitting required information to its Regional Planning Council and to the State Clearing House.
4. The local government will not attempt to recover, through special assessments, capital costs of
public improvements funded in whole or in part with these funds unless otherwise authorized by 24
CFR Section 570.482 and Section 104(b)(5) of Title I of the Housing and Community Development
Act of 1974.
5. Each housing structure addressed with CDBG funds will, upon completion, meet the local housing
code. Construction methods that emphasize high quality, durability, energy efficiency, sustainability
and mold resistance will be encouraged. Efforts to mitigate flood risk through construction and
elevation will be undertaken.
6. The grant will be administered in conformity with the Civil Rights Act of 1964 and Fair Housing Act;
the local government will affirmatively further fair housing and undertake one fair housing activity
each year.
7. An Anti - Displacement and Relocation Plan has been adopted (or will be adopted prior to the
expenditure of funds) and displacement of persons will be minimized.
8. The information presented in this application is accurate, and documentation is on file and readily
accessible to Department of Community Affairs staff.
9. Submission of this application was authorized by the local governing body.
io
Packet Page -1841-
1/24/2012 Item 16.D.8.
DCA
OTHER CERTIFICATIONS
COMPLETE AS INDICATED
USE
A stakeholder meeting was held with local governments, Tribal
Governments and housing providers to discuss unmet needs and
X Yes
No
best use of funding.
Notice of the public meeting was provided at
Date publicized
least five (5) days prior to the meeting.
Yes
No
X
06/17/2011
Date public meeting with stakeholders was held.
Date of Meeting
06/24/2011
Documentation of the meeting includes sign -in sheets and
Yes
No
minutes.
X
Public notice (in a newspaper of general circulation and County's
Publication Date
website) was provided that stated the types of projects to be
undertaken, the source and amount of funding available for the
June 18, 2011
activities, the date by which comments must be made, and a
contact person for a copy of the proposed application.
A 10-day comment period was allowed.
X Yes
No
We considered the comments concerning the proposed
application that were expressed by citizens.
X Yes
No
N/A
The Local Government is a participant in the National Flood
Insurance Program.
X Yes
No
We have adopted an Anti - Displacement and Relocation Policy in
Adoption Date
conformance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1979, as amended, 49 CFR
N/A
Part 24 and 24 CFR Part 570.606.
We will adopt an Anti - Displacement and Relocation Policy in
conformance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1979, as amended, and will
Yes
No
X N/A
provide documentation of adoption of the policy to the
Department prior to the expenditure of any funds.
Documentation is on file to show that we have submitted all
required information to the Regional Planning Council, Bureau of
Xs
No
Historic Preservation and the State Clearing House.
We will submit the required information to the Regional Planning
Council, Bureau of Historic Preservation, and the State Clearing
X Yes
No
N/A
House prior to expending any funds.
We have adopted a Citizen's Complaint Policy that requires
Adoption Date
written answers to written complaints and grievances within 15
working days.
01/11/2001
We will adopt a Citizen's Complaint Policy that requires written
answers to written complaints and grievances within 15 working
Yes
No
X N/A
da s prior to expending any funds.
All proposed activities are consistent with our Local
X Yes
No
Comprehensive Plan.
ii
Packet Page -1842-
1/24/2012 Item 16.D.8.
12
Packet Page -1843-
We have adopted a local procurement policy that conforms to the
Adoption Date
following state and federal regulations: 24 CFR Section 85.36
and Section 287.055, Florida Statutes.
04/21/1987
We will adopt a local procurement policy that conforms to the
state and federal regulations prior to the expenditure of any
Yes
No
rXN/A
funds.
We have adopted an Affirmative Action Plan that includes
Adoption Date
procedures for hiring minority contractors and goals for hiring
minority employees.
03/17/1999
We will adopt an Affirmative Action Plan that includes procedures
for hiring minority contracts and goals for hiring minority
Yes
No
X N/A
employees prior to expending any funds.
We have documentation to verify that the service area(s) have, if
necessary, been properly surveyed using the appropriate HUD.
Section 8 Income Guidelines and that the number of LMI persons
X Yes
No
residing in the service area(s) are consistent with the number of
beneficiaries claimed in this application.
We certify that no other source of federal, state, or local disaster
X Yes
No
funds is available to meet the need for the activities.
The local government certifies that it will comply with the following federal and state requirements:
1.
Inform affected persons of their rights and the policies set out in 49 CFR 24 and 24 CFR 570.602
2.
Florida Small and Minority Business Act, s.288.702- 288.714, F.S.
3.
Florida Coastal Zone Protection Act, s. 161.52- 161.58, F.S.
4.
Local Government Comprehensive Planning and Land Development Regulation Act, Chapter
163, F.S.
5.
National Environmental Policy Act of 1969, as amended and other provisions which further the
purposes of this Act
6.
National Historic Preservation Act of 1966, as amended
7.
Protection of Historic Properties 36 CFR 800
8.
Archaeological & Historic preservation Act of 1974, as amended
9.
Executive Order 11593 — Protection and Enhancement of Cultural Environment
10.
Reservoir Salvage Act (replaced by Archaeological & Historic preservation Act of 1974, as
amended)
11.
Safe Drinking Water Act of 1974, as amended
12.
Endangered Species Act of 1958, as amended
13.
Executive Order 12898 — Environmental Justice
14.
Executive Order 11988 and 24 CFR 55 — Floodplain Management
15.
Federal Water Pollution Control Act of 1972, as amended
16.
Executive Order 11990 — Protection of Wetlands
17.
Coastal Zone Management Act of 1972, as amended
18.
Wild and Scenic Rivers Act of 1968, as amended
19.
Clean Air Act of 1970, as amended
20.
HUD Environmental Standards set out in 24 CFR 58
21.
Farmland Protection Policy Act, as amended, as set out in 7 CFR 658
22.
Title I of the Housing and Community Development Act of 1974, as amended
23.
The Clean Water Act of 1977, as amended
24.
Davis -Bacon Act, as amended
25.
Contract Work Hours and Safety Standards Act of 1962, as amended
26.
Fish and Wildlife Coordination Act as amended
12
Packet Page -1843-
1/24/2012 Item 16.D.8.
27.
Flood Disaster Protection Act of 1973, as amended
28.
Protection of Historic and Cultural Properties under HUD Programs, 24 CFR 58
29.
Coastal Zone Management Act of 1972, as amended
30.
Federal, State and Local Architectural and Construction Standards
31.
Architectural Barriers Act of 1968, as amended
32.
Executive Order 11296, relating to evaluation of flood hazards
33.
Executive Order 11288, relating to the prevention, control and abatement of water pollution
34.
Cost - Effective Energy Conservation Standards, 24 CFR
35.
Section 8 Existing Housing Quality Standards, 24 CFR 8
36.
Coastal Barrier Resources Act of 1982, as amended
37.
Federal Fair Labor Standards Act
38.
Title VI of the Civil Rights Act of 1964 — Non - discrimination
39.
Title VIII of the Civil Rights Act of 1968 — (Fair Housing Act)
40.
Age Discrimination Act of 1975
41.
Executive Order 12892 — Fair Housing
42.
Section 109 of the Housing and Community Development Act of 1974, Non - discrimination
43.
Section 504 of the Rehabilitation Act of 1973 and 24 CFR 8
44.
Executive Order 11063 — Equal Opportunity in Housing
45.
Executive Order 11246 — Non - discrimination
46.
Copeland Anti - Kickback Act of 1934, as amended
47.
Hatch Act, as amended
48.
Lead -Based Paint Poisoning Prevention Act, as amended
49.
OMB Circulars A -87, A -122, and A -133, as revised
50.
Treasury Circular 1075, as revised, regarding drawdown of CDBG funds
51.
Single Audit Act of 1984, as amended by the Single Audit Act Amendments of 1996, as
amended
52.
Administrative Requirements for Grants, 24 CFR 85
53.
Section 3 of the Housing and Urban Development Act of 1968, as amended
54.
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended
55.
Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975,
as amended
56.
Noise Abatement and Control: Departmental Policy Implementation, Responsibilities, Standards,
24 CFR 51, Subpart B
57.
Section 102 of the Department of Housing and Urban Development Reform Act of 1989, as
amended
Signature of Chief Elected Official or Designee (If designee, include resolution in appendices.)
Signature
Typed Name and Title
FRED W. COYLE CHAIRMAN BOARD OF COUNTY COMMISSIONERS
Date
JULY 26, 2011
If signed by a person other than the chief elected official, is a copy of the required
resolution included in the Appendices?
❑ Yes
❑ No
Signature of Application Preparer if other than an employee of the Applicant
13
Packet Page -1844-
n
iso
1/24/2012 Item 16.D.8.
Signature
N/A
Typed Name and Title
N/A
Name of Firm or Agency
N/A
Person Designated by the Applicant to Submit Request for Funds
Typed Name and Title
Nancy Mesa — Accountant
Title and Office /Department
Accountant — Collier County Housing, Human and Veteran Services Department
Typed Name and Title of Supervisor
Ashlee Franco Accounting Supervisor
14
Packet Page -1845-
1/24/2012 Item 16.D.8.
ELIGIBLE ACTIVITIES (TO BE USED BY ALL APPLICANTS)
This table provides a list of activities eligible for funding. Applicants shall give priority to addressing
storm- related housing repair and long -term recovery activities. Where there are no storm- related
housing repair or long term recovery activities to be addressed, mitigation activities targeting housing
and infrastructure are allowable. Applicants proposing mitigation activities will be required to certify
that they have determined through locally coordinated efforts that storm related housing repair and
long term recovery needs have already been addressed or are not required. Use the activity name,
activity number and unit of measure when completing spreadsheets in this application that require the
name of the proposed activities and /or the activity number. Contact the Department if you wish to
undertake a CDBG eligible activity that is not listed below. All activities must be related to the 2008
storms: Tropical Storm Fay, Hurricane Gustav and Hurricane Ike.
ACTIVITY NAME*
(may be shortened or abbreviated
ACTIVITY
NUMBER
UNIT OF MEASURE
ENGINEERING TABLE
Acquisition for rehabilitation
15G
LF SITE PARCEL UNIT HU BU
N/A
Acquisition in 100 year flood plain or Acquisition, acquisition (in
support of), acquisition of real property, acquisition: land, building,
easement or right-of-way
01
LF, SITE, PARCEL, UNIT, HU, BU
N/A
Administration Planning and Management
21A
N/A
N/a
Asbestos removal lead based paint abatement
03R
HU BU
N/A
Clearance and Demolition
04
HU BU UNIT
Code enforcement
15
HU BU
N/A
Commercial /industrial building acquisition, commercial rehab,
demolition
17C
BU
Table II
Demolition of vacant dilapidated housing units
04A
HU SITE
N/A
Demolition of vacant dilapidated structures other than housing)
04A
HU BU UNIT
N/A
Engineering
21B
N/A
N/A
Fire protection, fire hydrants, water facilities, lines, tank,
treatment well
033
LF, UNIT, HYDRANT
Table II (Plant, Well and
Tank Table I
Fire station equipment
030
UNIT
Table II
Flood & drainage, hazard mitigation, flood & drainage, storm
drains catch basin retention pond, curb & gutter
03I
LF, UNIT
Table II
Housing rehab plumbing
14A
LF UNIT HU
N/A
Open space parks, playgrounds, recreational facilities
03F
LF UNIT SITE PARCEL
Table II
Other Commercial Business Assistance
17D
UNIT
Other commercial /industrial improvements
17D
BU UNIT SITE
Parking facilities spaces
03G
UNIT
Table II
Permanent relocation as part of hazard mitigation, permanent
relocation temporary relocation
08
HU, BU
N/A
Potable well & septic s stem installation
14A
LF UNIT WELL
N/A
Public facilities & improvements OTHER
03
LF UNIT
Table II
Recreation/neighborhood center, senior center
03E
LF UNIT SITE PARCEL
Table II
Rehab multi unit residential
14B
HU
N/A
Rehab public /private owned commercial /industrial
14E
UNIT
N/A
Rehab single unit residential
14A
HU
N/A
Rehabilitation of commercial buildings, facade, section 504
compliance, correction of code violation, building rehab by
owner tenant
17C
BU
Table II
Relocation of commercial facility
08
HU BU
N/A
Relocation of utilities to underground
03
LF UNIT
Table II
Removal of architectural barriers in public buildings
10
BARRIER UNIT
Table II
Replacement housing
12
HU
N/A
Sewage treatment plant, sewer lines & components, sewer line
replacement, other sewer facilities force sewer main, gravity sewer
main treatment um /lift stations
033
UNIT, LF, PLANT
Table I
Sidewalks and pedestrian malls
03
LF
Table II
Solid waste disposal improvements
03H
LF UNIT
Table II
Street improvements, resurfacing
03K
LF
Table II
Utility hookups
03
HU BU
Table II
Water and/or sewer hookups for housing units
14A
HU BY
Table I
Water facilities, water & sewer improvements in general,
nonresidential water hookups; new potable water lines I
033
I
LF, UNIT
Table II (Hook -up is Table
I
15
Packet Page -1846-
1/24/2012 Item 16.D.8.
LMI BENEFIT CRITERIA
SERVICE AREA SURVEY TO DETERMINE LMI BENEFIT
The applicant may utilize any one of the following methods to document the total number of
beneficiaries, including the number of low and moderate - income (LMI) persons, for each service area
as long as the boundaries are identical.
1. Census Data by lace block group and/or tract.
2. Survey conducted within the past five years for a CDBG grant application (as long as the boundaries
are the same).
3. New survey that meets HUD /CDBG requirements.
DOCUMENTING LMI BENEFIT AND NATIONAL OBJECTIVE
(a) HUD Census Data — LMI benefit may be documented by using HUD - provided Census Data
where the service area geographically corresponds with block groups, census tracts, or local
government geographical limits.
(b) Sampling Survey Methodology — A sample -based survey of the beneficiaries must utilize the
"Income Verification Form," Form 27 -07, located in the Application Manual, which must correspond
with the random sampling requirements established by HUD in Notice CPD- 05 -06, as effective on 5-
23-06.
1. The survey process must verify eligibility of any proposed direct benefit activities, certify the
number of projected very low, low and moderate income households and beneficiaries, and the total
number of beneficiaries.
2. Where the sample -based survey results appear to substantially overstate the proportion of
persons with low or moderate income in a service area, the Department will require the local
government to provide supporting evidence which substantiates the survey data. If the survey results
are found to be inaccurate, the survey shall be rejected.
(c) Small Service Area Survey Methodology. For surveys of service areas under 50 households, all
households must be surveyed. Any non - responding household must be assumed to be above low and
moderate income. The number of household members for non - responding households shall be based
on the average household size from the survey.
(d) A survey approved by the Department for a CDBG application remains valid for the same
geographic service area for up to five years from the date the survey was completed.
(e) Only the methods of LMI benefit determination provided for in this section shall be used.
(f) Beneficiaries of Public Improvements. For activities where hookups or connections are required
for beneficiary access to the public improvement, low and moderate income benefit shall be
determined by the number of low and moderate income persons in households connected to and able
to use the water, sewer or other infrastructure at the time of administrative closeout, divided by the
total number of persons who are, or could be, hooked up in the service area.
16
Packet Page -1847-
ATTACHMENT A
General Guidelines
Sub - recipients
1/24/2012 Item 16.D.8.
Recipients of the funds may allocate funding to another local government, Indian Tribe, or non - profit
organization for the purpose of carrying out activities funded by the award agreement. In such
cases, a Sub - recipient agreement must be executed by the local government and the non - profit
organization and approved by the Department. The Recipient retains the legal responsibility for
ensuring that applicable federal and state laws, rules and regulations are followed and must provide
the Department with a Monitoring Plan.
Interlocal Agreements
Applicants proposing to conduct eligible activities in other eligible jurisdictions must submit
documentation to the Department of an established relationship between the jurisdiction(s) or enter
into an interlocal agreement, which includes at a minimum, the following provisions:
— Includes as parties all local governments whose jurisdiction is included in the project and /or
service area(s);
— Authorizes the eligible subgrantee to undertake the activities in all jurisdictions included in the
interlocal agreement; and
— Affirms that all activities are consistent with each local government's comprehensive plan and
provides documentation which includes applicable excerpts of each local government's
comprehensive plan.
— Any alternative agreement between local governments and non - profit organizations must
accomplish the intent of an interlocal agreement. Such agreements must establish a
relationship with the jurisdiction(s) to be served and provide the information identified in (a),
(b) and (c) above. The jurisdiction of a non - profit will be the county in which it is located.
Program Income
Any program income earned as a result of activities funded under this grant must be reported to the
Department, but may be retained for the life of the subgrant by the subgrantee and used to continue
the CDBG disaster recovery activity as approved by the Department. Program income must be
expended by subgrantees before requesting funds from the Department. The expenditure of
program income should be reflected in financial records.
Duplication of Benefits
Subgrantees and /or beneficiaries must provide documentation of any funds received from other
sources which were applied toward the total costs of the project funded by these disaster recovery
funds. Applicants shall demonstrate that no other federal, state, local or private funds are available
at this time to address the disaster recovery needs and that the local government is not being
reimbursed for the activities by another source (e.g., FEMA). The funds available hereunder shall not
be used to supplant any other funding.
17
Packet Page -1848-
1/24/2012 Item 16.D.8.
Beneficiaries of Public Improvements
^ — For activities where hookups or connections are required for beneficiary access to CDBG-
funded public improvements, low and moderate income benefit shall be determined by the
number of low and moderate income persons in households connected to and able to use the
water, sewer or other infrastructure at the time of administrative closeout.
For activities where hookups or connections are required as a condition for beneficiary access
to a CDBG- funded public improvement, no hookup or connection fees shall be charged to
very-low, low or moderate - income beneficiaries.
Beneficiaries of activities funded under this emergency rule shall not be expected to pay for
or reimburse the subgrantee for any portion of the project costs, whether impact fees,
connection charges, or other.
Housing Rehabilitation Standards
Upon completion of storm - related housing rehabilitation or housing mitigation activities, all housing
units addressed with CDBG funds must be in compliance with local and state housing codes. The
State requires that all housing units assisted with these disaster recovery funds be brought up to
State and local codes and standards, including appropriate energy conservation measures (i.e. energy
efficient appliances, windows, doors, etc.). Efforts to mitigate flood risk through construction and
elevation should be undertaken. This requirement does not apply if the construction activity is limited
to water hookups, sewer hookups, the abandonment of wells, or the abandonment of septic systems
with no internal or external modifications to the housing structure.
Manufactured Housing
If manufactured housing units are used for replacement housing, they must meet the following
specifications:
— Manufactured housing units must be built to HUD post -1994 construction standards.
— The units must be new, previously uninstalled manufactured housing units.
— Units must bear HUD compliance certification meeting HUD wind resistance construction
standards for wind zone 3.
— The county shall inspect and approve the installation of all manufactured housing units to
ensure compliance with the local building code.
— Units must be installed to the manufacturer's installation instructions.
— These funds may not be used for furniture or interior design costs, insurance, financing points,
or add -on structures.
— Replacement units may be placed on leased land or resident -owned land.
— Site location must meet minimum safety criteria (e.g., not located in floodplain, not in high
velocity wind zone, etc.).
— Units must be owner - occupied.
— The cost of each manufactured housing unit must not exceed the appraised value of the unit
per the Fannie Mae /Freddie Mac manufactured housing appraisal guidelines currently in effect
(e.g., Fannie Mae, Announcement 03 -06, Appraisal Guidelines for Manufactured Housing.)
Hookup and Connection Fees
For activities where hookups or connections are required as a condition for beneficiary access to a
CDBG funded public improvement, no hookup or connection fees shall be charged to very-low, low or
moderate - income beneficiaries. Further, no portion of the project construction costs shall be charged
to very-low, low or moderate- income beneficiaries.
18
Packet Page -1849-
1/24/2012 Item 16.D.8.
Monitoring Visits
The Department shall conduct on -site monitoring visit(s) to determine whether State sub - recipients
are complying with program requirements. Sub - recipients shall respond to any issues identified in a
monitoring report within thirty (30) days after receiving the report. Failure to respond may result in
the Department rejecting requests to draw funds, termination of the contract, and repayment of any
funds already expended for any ineligible activities.
19
Packet Page -1850-
1/24/2012 Item 16.D.8.
Definitions
The Florida Small Cities Community Development Block Grant (CDBG) program is governed by
definitions provided in the Housing and Community Development Act of 1974, as amended; and Title
24 C.F.R. 570, incorporated herein by reference, as effective on 5- 23 -06. The following additional
definitions are provided for clarification.
(1) "Architectural and engineering services" means the basic services required to be performed by
an architect or engineer licensed by the State of Florida including preliminary engineering, design
services and services during construction except for the following additional engineering services:
(a) Site surveys for water treatment plants, sewage treatment works, dams, reservoirs, and other
similar special surveys as may be required, such as route surveys.
(b) Laboratory tests, well tests, borings, specialized geological soils, hydraulic or other studies
recommended by the engineer.
(c) Property surveys, detailed description of sites, maps, drawings, or estimates related to them,
assistance in negotiating for land and easement Aghts.
(d) Necessary data and filing maps for water rights.
(e) Redesigns ordered by the owner after final plans have been accepted by the owner and the
local government, except redesigns to reduce the project cost to within the funds available.
(f) Appearances before courts or boards on matters of litigation or hearings related to the project.
(g) Preparation of environment assessments or environmental impact statements.
(h) Performance of detailed staking necessary for construction of the project in excess of the
control staking.
(i) Provision of the operation and maintenance manual for facilities.
0) Activities required for obtaining state and federal regulatory agency construction permits.
(k) Design of hookups.
(1) Cost of engineering specialties such as electrical; hydro geological services; biologists; and
^ heating, ventilation, and air conditioning (HVAC).
(2) "Authorized signature" means the original signature of the Chief Elected Official or the
signature of a person who is designated by charter, resolution, code, ordinance or other official action
of the local government to sign CDBG related documents. If a signature other than the Chief Elected
Official is submitted, a copy of that designation must accompany that signature.
(3) 'Direct Benefit" is CDBG assistance that promotes or enhances individual well -being including
housing rehabilitation, sewer and water hookups, or job creation by a Participating Party. Activities
that only meet a national objective through an area -wide determination do not confer direct benefit.
(4) "Job creation location" means the geographic location within the project area where job
creation activities of the Participating Party and expenditure of non - public funds will occur. This
excludes any locations where public funds from any source are being expended for local government -
owned infrastructure, local government owned public facilities or within public easements or rights -of-
way.
(5) "Jobs — created" means jobs - permanent which were not in existence in the State of Florida
prior to the provision of the CDBG assistance and which would not be created without CDBG
assistance. In cases where an employer both creates and eliminates jobs, "jobs - created" means the
difference between the new jobs - created and the old jobs eliminated.
(6) "Jobs — permanent" means a full -time job or a full -time equivalent job (2,000 hours annually)
as set forth in the application which is necessary to the overall goals and objectives of a business and
,which has no known end, and which will be maintained by the Participating Party for a minimum of
one year from administrative closeout of the subgrant.
(7) "Jobs — retained" means jobs - permanent which, without CDBG assistance, would be
abolished by layoffs, plant closing, or other severe economic or natural conditions or as otherwise
clarified in 24 C.F.R. 570.483(b)(4), as effective on 5- 23 -06.
(8) "Jurisdiction" means the corporate limits of a local government or the area over which it has
20
Packet Page -1851-
1/24/2012 Item 16.D.8.
zoning authority.
(9) "Liquidated damages" are funds paid to a local government by a contractor, vendor, or any
other party pursuant to a CDBG- funded contract when such payment is triggered by nonperformance ^
or failure to perform on their part. This definition is applicable whether such funds are withheld by the
local government or repaid or rebated to the local government by the contractor, vendor or third
party.
(10) "Local government" means a unit of general purpose local government, i.e., county
governments and municipal governments (incorporated cities, towns and villages) within the State of
Florida. Unless otherwise stated, "applicant" shall refer to the applying local government.
(11) "Participating party" means a business or other entity responsible for creating or retaining
jobs - permanent as part of the proposed Economic Development project. The applying local
government shall not be a participating party in its own application.
(12) "Project area or areas" means the site or sites upon which all subgrant - related construction
activities take place, without respect to funding source.
(13) "Public notice" is defined as an advertisement published 'in a local newspaper of general
circulation at least five days, and no more than 20 days, prior to the event for which the notice was
placed. The calculation of the time period shall not include the date of publication of the notice.
(14) "Section 3" means Section 3 of the Housing and Community Development Act of 1968, as
amended, as effective on 5- 23 -06, and 24 C.F.R. Part 135, as effective on 5- 23 -06, relating to
employment and other economic opportunities for lower income persons.
(15) "Service area" means the total geographic area to be served by a subgrant- funded activity,
where at least 51 percent of the residents are low and moderate income persons. A service area will
encompass all beneficiaries who are reasonably served or would be reasonably served by an activity.
(16) "Time period" or "days" means calendar days. All time periods specified in this rule, the
application, the contract and all correspondence to and from the Department refer to calendar days
unless otherwise specified.
(17) "Very low- income family (VLI)" is a household whose annual income does not exceed 30
percent of the median income for the area or does not exceed 30 percent of the median income for
the State, whichever is higher, as most recently determined by HUD. This information can be found in
the HUD adjusted census data in the elements titled FAMVLOW and NFAMVLOW.
(18) "Low- income family (LI)" is a household whose annual income does not exceed 50 percent of
the median income for the area or does not exceed 50 percent of the median income for the State,
whichever is higher, as most recently determined by HUD.
(19) "Moderate- income family (MI)" is a household whose annual income does not exceed 80 percent
of the median income for the area or does not exceed 80 percent of the median income for the State,
whichever is higher, as most recently determined by HUD.
21
Packet Page -1852-
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1/24/2012 Item 16.D.8.
Packet Page -1854-
M
n
ATTACHMENT C
SLUM & BLIGHT for SPOT BASIS
NATIONAL OBJECTIVE FORM
SUPPLEMENT to DRI APPLICATION for FUNDING
Grant Number:
Service Area # and Project Name:
Recipient:
1/24/2012 Item 16.D.8.
The elimination of specific conditions of blight or deterioration on a spot basis is designed to comply with the statutory
objective for CDBG funds to be used for the prevention of blight, on the premise that such action(s) serve to prevent
the spread to adjacent properties or areas. See the HUD Guide to National Objectives and Eligible Activities
for State CDBG Program for further information.
1. To comply with the national objective of elimination or prevention of slum or blight on a spot basis, i.e.,
outside a slum or blighted area, an activity must meet the following criteria:
• The activity must be designed to eliminate specific conditions of blight or physical decay not located in a
designated slum or blighted area, and
• The activity must be limited to one of the following: (Check one)
Acquisition
Clearance
Relocation
Historic Preservation
Rehabilitation of buildings, but only to the extent necessary to eliminate specific conditions detrimental
to public health and safety.
2. Enter the date that the need was identified:
3. Enter the name and title of the individual who made the
determination that the conditions meet the slum and blight
national objective:
4. Describe the location where the slum and blighted conditions exist (i.e., city, county, streets, service area, etc.):
5. Describe the specific condition of blight or physical decay to be addressed:
6. Describe the timing or the development of the conditions:
7. Describe how the condition(s) poses a threat to the public's health and safety.
24
Packet Page -1855-
1/24/2012 Item 16.D.8.
8. Describe how the activity to be funded by CDBG will alleviate the slum and blight and how it will eliminate
conditions that are detrimental to the public's health and safety.
9. List the documentation that the local government can provide to show that the conditions being addressed fall
under the slum and blight national objective (i.e., resolution of the local governing body, photographs of
conditions, notice from Health Department or other agency, code enforcement documentation, etc.). Return this
form along with copies of the documentation to the Department.
Dy biyinny ueww, i cerury tnar the activities runoeo unoer the Slum & Blight on a Spot Basis national objective
meet the criteria stated above:
Signature of Chief Elected Official Date
Printed Name of Elected Official
25
Packet Page -1856-
Title
ATTACHMENT D
� SLUM & BLIGHT for AREA BASIS
NATIONAL 01113ECTIVE FORM
SUPPLEMENT to DRI APPLICATION for FUNDING
Grant Number:
Service Area # & Project Name:
Recipient:
1/24/2012 Item 16.D.8.
To qualify under the national objective of slum /blight on an area basis, an activity must meet all of the following
criteria:
1. The area must be officially designated by the recipient and must meet a definition of a slum, blighted,
deteriorated, or deteriorating area under state or local law. It is not necessary to formally designate /declare the
area to be blighted, but the area must meet the definition for designation.
2. The area must exhibit at least one of the following physical signs of blight or decay:
A. There must be a substantial number of deteriorated or deteriorating buildings throughout the area. As a
"safe harbor," HUD will consider this test to have been met if either: (1) the proportion of buildings in the
area that are in such conditions is at least equal to that specified in the applicable state law for this purpose;
or (2) in the case where the applicable state law does not specify the percentage of deteriorated or
deteriorating buildings required to qualify the area, then at least one quarter of all of the buildings in the
area must be deteriorated or deteriorating.
B. The public improvements throughout the area must be in a general state of deterioration. For this purpose,
it would be insufficient for only one type of public improvement, such as a sewer system, to be in a state of
deterioration; rather the public improvements taken as a whole must clearly exhibit signs of deterioration.
3. Documentation must be maintained by the recipient on the boundaries of the area, on the conditions that qualify
the area at the time of its designation.
4. Activities to be assisted with CDBG funds must be limited to those that address one or more of the conditions
that contributed to the deterioration of the area. Note that this does not limit the activities to those that address
the blight or decay itself, but it allows an activity to qualify if it can be shown to address a condition that is
deemed to contribute to the decline of the area.
Where the assisted activity is rehabilitation of residential structures, two additional criteria must be met:
• Each building must be considered substandard under local definition.
• Grant recipients must have developed minimum building quality standards for this purpose.
• All deficiencies making the building substandard must be corrected before less critical work on the building may
be undertaken.
See the HUD Guide to National Objectives and Eligible Activities for State CDBG Program for further
information.
10. Typical activities designed to address slum or blight on an area basis include: (Check One)
Acquisition and clearance of blighted properties;
Renovation and reuse of abandoned, historic buildings;
Commercial revitalization through facade improvements;
Removal of environmental contamination on a property to enable it to be redeveloped for a specific use; or
Rehabilitation of buildings, but only to the extent necessary to eliminate specific conditions detrimental to
public health and safety.
11. Records that must be maintained by the recipient, copies of which must be submitted to the Department, include:
• The boundaries of the service area;
• A description of the conditions that qualified the area at the time of its designation in sufficient detail to
demonstrate how the area met the criteria for designation;
26
Packet Page -1857-
1/24/2012 Item 16.D.8.
• A aescnption of the activity showing how it addresses a condition that led to the decline of the area. Each
residential rehabilitation activity must also be supported by documentation that shows:
✓ How the building qualifies under the grant recipient's definition of "substandard," and
✓ As applicable, information showing that any deficiencies making the building substandard were
eliminated prior to less critical work beinq done.
12. Check yes if the specific conditions being address are located within a slum or blighted area: Yes No
If No is checked the conditions being addressed are not located in a desi nated slum or blighted area.
13. Enter the date that the need was identified:
14. Enter the name and title of the individual who made the
determination that the conditions met the slum and blight national
15. Describe the location where the slum and blighted conditions existed (i.e., city, county, streets, service area, etc.):
16. Describe the specific condition of blight or physical decay to be addressed:
17. Describe the timing or the development of the conditions:
18. Describe how the condition(s) poses a threat to the public's health and safety.
27
Packet Page -1858-
1/24/2012 Item 16.D.8.
19. Describe how the activity to be funded by CDBG will alleviate the slum and blight and how it will eliminate
conditions that are detrimental to the public's health and safety.
20. List the documentation that the local government can provide to show that the conditions being addressed fall
under the slum and blight national objective (i.e., resolution of the local governing body, photographs of
conditions, notice from Health Department or other agency, code enforcement documentation, etc.). Return this
form along with copies of the documentation to the Department.
By signing below, I certify that the activities funded under the Slum & Blight on an Area Basis national objective meet
the criteria stated above:
Signature of Chief Elected Official Date
Printed Name of Elected Official
28
Packet Page -1859-
Title
ATTACHMENT E
URGENT NEED
NATIONAL OBJECTIVE FORM
SUPPLEMENT to DRI APPLICATION for FUNDING
Grant Number:
Service Area # & Project Name:
Recipient:
1/24/2012 Item 16.D.8.
To comply with the national objective of meeting community development needs having a particular urgency, an activity must be
designed to alleviate existing conditions which the local government certifies and state determines (1) pose a serious and immediate
threat to the health or welfare of the community, (2) of recent origin or recently became urgent, (3) the grant recipient is unable to
finance the activity on its own, and (4) other sources of funding are not.available to carry out the activity. A condition will generally
be considered to be of recent origin if it developed or became critical within 18 months preceding the grant recipient's certification
(refer to 24 CFR 570.483(d)). See the HUD Guide to National Objectives and Eligible Activities for State CDBG Program
for further information.
21. The local government must certify and provide documentation that the activity to be conducted under the urgent need national
objective meets all of the following:
• Poses a serious and immediate threat to the health or welfare of the community.
• Is of recent origin or recently became urgent (i.e., local government must have identified it as an urgent need during
or immediately following the disaster).
• The local govemment is unable to finance the activity on its own.
• No other sources of funding are available to carry out the activity.
22. Enter the date that the need was identified as urgent:
23. Enter the name and title of the individual who made the
determination that the conditions were urgent:
24. Describe the location where the urgent conditions existed (i.e., city, county, streets, service area, etc.):
25. Describe the nature and degree of seriousness of the conditions requiring assistance, including persons or neighborhoods
affected by the conditions:
26. Describe the timing or the development of the conditions:
Z9
Packet Page -1860-
1/24/2012 Item 16.D.8.
27. Describe how the activity to be funded by CDBG will alleviate the urgent condition:
28. Indicate why there are no other resources available to address the need (i.e., does not qualify for FEMA assistance, not covered
by insurance, etc.):
29. List the documentation that the local government can provide to show that the conditions are urgent (i.e., resolution of the local
governing body, photographs of conditions, notice from Health Department or other agency, code enforcement documentation,
resolution of the local governing body acknowledging the threat to the community, etc.). Return this form along with copies of
the documentation to the Department.
By signing below, I certify that the activities funded under the Urgent Need national objective meet the criteria stated above:
Signature of Chief Elected Official Date
Printed Name of Elected Official
30
Packet Page -1861-
Title
1/24/2012 Item 16.D.8.
ATTACHMENT F
GENERAL INSTRUCTIONS FOR PREPARING AN ESTIMATED PROTECT BUDGET
The "Cost Standard Used" to estimate costs must be available for review during the site visit. Department staff
will review it for cost reasonableness. The Department reserves the right to request justification of the cost
reasonableness of any budgetary item. If the applicant cannot justify a cost, the Department will reduce the
line item budget at the time of contracting.
If the applicant chooses to pay for the cost of the grant application preparation from the grant, if awarded,
enter the payment amount. Document the eligibility of this expense in the Appendices. To be an eligible
expenditure, the following requirements apply:
— The grant writer must have been procured pursuant to 24 CFR Section 85.36, as it existed on the day of
advertising for the Request for Proposal.
- If the applicant prepared the application using local government staff, or if the staff of another
governmental agency was selected pursuant to Chapter 287, Florida Statutes, the local government
may seek payment only for direct costs incurred as part of the grant application preparation.
- A contract for the grant writer must have been executed before the application deadline.
- Invoices or other documentation to justify the amount requested must also be included in the
Appendices.
Please be aware that if the applicant is awarded a grant, the Department will review this
procurement or expense, and if it determines that the procurement process or contracting process
was not carried out correctly, or the expense is not eligible, the Department will disallow the
expense.
31
Packet Page -1862-
1/24/2012 Item 16.D.8.
ATTACHMENT G
AFFORDABLE RENTAL HOUSING
SCOPE OF WORK
Grant Number: Pending Recipient: Collier County Board of County Commissioners
Service Area # and Project Name: Service Area #2 — Collier County Housing Authority (CCHA)
Service Area #3 — Bromelia Place
HUD has determined that affordable rental housing projects will address the greatest unmet need under this program.
Using FEMA assessment data, communities will make their best efforts to search for and find affordable rental housing
projects. Please describe the steps undertaken to identify all possible affordable rental housing projects in your
communitv.
Maintaining an adequate supply of safe, decent, and affordable rental housing in the community is a primary objective
of community planning and development agencies such as the Collier County Department of Housing, Human and
Veteran Services. Additionally, the dramatic increase in foreclosure activity within historically affordable rental
developments in Collier County has stressed the stock of safe and affordable housing for low- and moderate income
persons and households. Finally, elevated unemployment and a challenging credit market has increased the market's
desire for rental housing.
Immokalee is a rural farming community in the eastern portion of Collier County that primarily serves a low- to
moderate income population where the need for affordable housing is paramount. To serve this population, the Florida
Statutes established the Immokalee -based Collier County Housing Authority (CCHA). The CCHA developed and
operates over 600 multi - family and single family farm labor rental housing. DREF will allow the CCHA to install impact
resistant windows within Farm Worker Village to mitigate against future storm damage.
Also located in Immokalee, Bromelia Place Senior Apartments ("Bromelia Place's is an existing 30 -unit project serving
low- income seniors aged 55 and older. Bromelia Place is owned by Kipling Capital, L.P. and the CCHA has been
engaged by said owner to provide professional housing management services. DREF will purchase and install a
standby emergency diesel generator to ensure the senior residents will have a reliable power source during future
storms; the provision of continuous power is especially important for a senior population that may rely on
uninterrupted operation of medical devices.
By signing below, I certify that all efforts were made to identify affordable rental housing projects.
Signature of Chief Elected Official
FRED W. COYLE
Printed Name of Elected Official
32
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CHAIRMAN
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1/24/2012 Item 16.D.8.
SERVICE AREA #1
PROJECT NAME: IMMOKALEE STORMWATER MASTER PLAN'PHASE TWO
ACTIVITY: FLOOD>AND'DRAINAGE IMPROVEMENTS
DESCRIPTION: STORMWATER''IMPROVEMENTS
NATIONAL OBJECTIVE: PRIMARILY BENEFIT LOW TO MODERATE' INCOME <(LMI) PERSONS
GENERAL NARRATIVE
Immokalee was designated by the Collier County Community Redevelopment Agency (CRA) as a
redevelopment area under the authority of Florida Statutes Chapter 163, Part III, Community
Redevelopment Act. An objective of the agency is to improve services, thereby revitalizing a once viable
neighborhood or business district and encourage the provision of affordable housing within the urban
center. Successful completion of the existing DRI project and this OREF project will further that goal.
Prior to the 2008 storm season, the Big Cypress Basin of the South Florida Water' Management District
developed a Stormwater Management Master Plan for the Immokalee area. This plan, adopted by the
Immokalee Area CRA, seeks to correct the storm water problems_ plaguing the community by issuing a
series of recommendations, ranked by importance. Implementation of the Immokalee Stormwater
Master Plan is of particular importance because it will result in a benefit to the community as a whole.
Tropical Storm Fay produced widespread flooding, with a significant amount of pooling in the downtown
urban center, within the Immokalee Area of Collier County. Following the storm, immediate action was
required to correct emergency health, safety and welfare problems, as well as repair damaged property.
'DREF will allow the Immokalee.1CRA to continue to impleriient projects identified within the Immokalee
Stormwater Master Plan. Furthermore, DREF funding wilIhexpand and support efforts being undertaken
with DRI` funding; previously awarded.
SUPPORTING DOCUMENTATION
Copies, If available, of photographs (before), reports, newspaper articles, television news stories and
other documentation are attached.
SUMMARY INFORMATION
i
Purpose: Improve stormwater system and, if required, acquire land for retention
pond.
DREF'Funding
$2,073,344
Number of Units
Minimum 7,000 linear feet
Number of Beneficiaries
17,163 LM residents
Location
Immokalee, Florida
1/24/2012 Item 16.D.8.
1/24/2012 Item 16.D.8.
1/24/2012 Item 16.D.8.
Immokalee, Florida Stormwater Conditions
1/24/2012 Item 16.D.8.
SERVICE AREA #2
PROJECT NAME: COLLIER-COUNTY HOUSING AUTHORITY (CCHA)
ACTIVITY: REHAB, MULTI- FAMILY
DESCRIPTION: IMPACT RESISTANT WINDOW PROJECT
NATIONAL OBJECTIVE: PRIMARILY BENEFIT LOW TO MODERATE INCOME (LMI) PERSONS
GENERAL NARRATIVE
The Collier County Housing Authority (CCHA) was created by Florida Statutes to serve the very-low and
low- :income residents and households in Collier County. Specifically, the CCHA seeks to improve the
quality and availability of safe, decent, and affordable housing for the aforementioned target
population. One of the larger projects administered by the CCHA is Farm' Worker Village in Immokalee.
The project provides affordable rental housing to the farm labor population.
Currently, the multi -unit, residential buildings in Farm Worker Village do not have impact resistance
windows. In the event of a storm, such as Tropical Storm :Fay in 2008, the residents may be adversely
affected by water infiltration, wind, rain, and wind -born debris that often accompany heavy rainfall,
severe storms, or 'hurricanes. The primary purpose of the DREF project is to ;remove and :replace the
existing windows with impact resistance' windows.
Providing impact resistance windows to the residents of Farm Worker Village, or sections within, will
protect human life, health, and, eliminate or minimize property damage. Furthermore, many of the
residents have limited evacuation options and are likely to shelter in their residential unit. ;Using DREF
to install impact resistant windows may also minimize the need for rescue and relief efforts, thus likely
savings public and private funding and resources that would' likely be required otherwise. Finally, DREF
will assist in the preservation of existing affordable housing in Immokalee.
SUPPORTING DOCUMENTATION
Copies, if available, of photographs (before), reports, newspaper articles, television news stories and
other documentation are attached.
SUMMARY' INFORMATION
Purpose: Install impact resistance windows
DREF Funding
$832,519
Number of Units
100 Housing Units
Number of Beneficiaries
264 LM residents (est.2.63 per household)
Location
Immokalee, Florida
1/24/2012 Item 16.D.8.
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1/24/2012 Item 16.D.8. j
SERVICE AREA #3
PROJECT NAME: BROMELIA PLACE
ACTIVITY: REHAB;" MULTI- FAMILY
DESCRIPTION: GENERATOR PROJECT,
NATIONAL OBJECTIVE: PRIMARILY BENEFIT LOW TO MODERATE INCOME (LMI) PERSONS
GENERAL NARRATIVE
Bromelia Place Senior Apartments ( "Bromelia Place ") is an existing 30 -unit project serving low-income
seniors aged 55 and older. Located in Immokalee, Bromelia Place is owned by Kipling Capital, L.P. and
managed by the Collier County Housing Authority. The project provides affordable rental housing to
- seniors, a product that is very limited in the marketplace.",Bromelia Place consists of one and two story
buildings; as well a recreation room, computer room, and library on 2.5 acres in Immokalee.
Bromelia Place serves low- income seniors and, as such, the loss of power may pose a threat to the
health, safety, and welfare of the residents. Many residents may rely on medical devices 24 hours °a day
and any disruption in power could not only pose a health threat, but require an emergency response
during a severe storm or hurricane; any effort to reduce the number of emergency personnel deployed
while a severe storm is directly impacting the area is worthwhile.'' Providing a reliable, backup power
source may allow residents to seek medical care once the storm has passed and conditions have
improved.
As stated in the narrative for Service Area #1, the Immokalee area experienced widespread flooding
following Tropical Storm Fay. This flooding made transportation: °more difficult, dangerous, and time
consuming. Once installed, the generator at Bromelia Place will not only ensure the residents have
power during the storm, but also once the storm has passed and recovery efforts have begun.
SUPPORTING DOCUMENTATION'.
Copies, if available, of photographs (before), reports, newspaper articles, television news stories and
other documentation are attached.
x.
SUMMARY INFORMATION "
Purpose: Purchase and Install
generator.
DREF Funding; =
$300,000
Number of Units
1 generator
Number of Beneficiaries
30 units; 78 LMI residents (est. 2.63 per
household)
Location
Immokalee, Florida
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1/24/2012 Item 16:D.8.
SERVICE AREA #4
PROJECT NAME: ESPERANZA PLACE
ACTIVITY: FLOOD AND DRAINAGE IMPROVEMENTS
DESCRIPTION: STORMWATER IMPROVEMENTS
NATIONAL OBJECTIVE: PRIMARILY BENEFIT LOW TO MODERATE INCOME (LMI) PERSONS
GENERAL NARRATIVE
Esperanza Place Apartments ( "Esperanza Place ") is a mixed -use residential community in Immokalee
zoned for 176 multi - family units, as well as 85 single - family units. The project is administered by Florida
Non - Profit Services, Inc., a 501(1)(3) non - profit Community Housing Development Organization (CHDO).
Phase I was recently completed and consists of 47 affordable multi- family rental homes serving primary
farm workers.
To provide flood and drainage control for the multi - family portion of Esperanza Place, a perimeter swale
has been designed to capture the stormwater drainage from the neighboring properties to the north.
Once captured, the stormwater will be through the site to an existing output location. Due to budget
constraints,' only the portion of the swale within the boundary of Phase I was constructed. The
remaining portion of the swale must be complete in order to fully protect Esperanza Place, as well as the
neighboring communities.
DREF will be used to construct the remaining portion of the Swale as designed. Funding will be used to
excavate approximately 1,050 linear feet of trench, .20 feet wide at-an average depth of 3 feet. Once
excavation is complete, DREF will be used to;purchase and install sod to cover the newly completed
Swale.
SUPPORTING DOCUMENTATION'`
Copies, if available, of photographs (before), reports, newspaper articles, television news stories and
other documentation are attached.
SUMMARY INFORMATION
Purpose: Improve stormwater system by completing swale construction.
DREF Funding
$,35,000 I
Number of Units
1,050 linear feet
Number of Beneficiaries
47 units; 123 LMI residents (est.,2.63 per
household)
Location
Immokalee, Florida
1/24/2012 Item 16.D.8.
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
Contract Number. 12DB- P5- 09- 21 -01 -K 39 CFDA Number: 14.228
Rule: Chapter 913-43, Florida Administrative Code
Community Development Block Grant Program
FFY 2009 Supplemental Disaster Recovery Emergency Funds (DREF) Program Agreement
THIS AGREEMENT is entered into by the State of Florida, Department of Economic Opportunity, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Department "), and Collier County 3301 E.
Tamiaml Trail Naples, FL 34112 (hereinafter referred to as the 'Recipient ").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the
services identified herein; and
B. The Department has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
�.� C. The Department has statutory authority to disburse the funds under this Agreement.
TBEREFORE, the Department and the Recipient agree to the following:
(1) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A,
the Activity Work Plan, Attachment I of this Agreement and the Florida Small Cities Community Development
Block Grant (CDBG) Application submitted by the Recipient on 6/28/2011_ including future amendments to this
Subgrant Agreement that are agreed upon by both parties..
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
The Recipient and the Department shall be governed by applicable State and Federal laws, rules and
regulations, including those identified in Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties, and shall end twenty -four (24) months after the
last signed date, unless terminated earlier in accordance with the provisions of Paragraph (12) of this AgreemerrL
Contract extensions will not be granted unless Recipient is able to provide substantial justification and the Division
Director approves such extension.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes which are agreed upon
shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement.
Contract Revised: 10/04/2011
Packet Page -1895-
1/24/2012 Item 16.D.8.
(5) RECORDKEEPING .
(a) As applicable, Recipient's performance under this Agreement shall be subject to the federal OMB
Circular No. A -102, "Common Rule: Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and local Governments" (53 Federal Register 8034) or OMB Circular No. A -110, "Uniform
Administrative Requirements for Grants and Agreements with. Institutions of Higher Education, Hospitals, and
Other Nonprofit Organizations," and either OMB Circular No. A -87, "Cost Principles for State, Local and Indian
Tribal Governments" OMB Circular No. A -21, "Cost Principles for Educational Institutions," or OMB Circular No.
A 122, "Cost Principles for Nonprofit Organizations."
(b) The Recipient shall retain sufficient records to show its compliance with the terms of this
Agreement, and the compliance of all subcontractors or consultants paid from fiords under this Agreement, for a
period of six years from the date the audit report is issued, and shall allow the Department or its designee, the State
Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure
that audit worldng papers are available to them upon request for a period of six years from the date the audit report
is issued, unless extended in writing by the Department. The six year period may be extended for the following
exceptions:
1. If any litigation, claim or audit is started before the six year period expires, and extends
beyond the six year period, the records shall be retained until all litigation, claims or. audit findings involving the
n
records have been resolved
2. Records for the disposition of non - expendable personal property valued at $5,000 or more at
the time it is acquired shall be retained for six yearn after final disposition.
3. Records relating to real property acquired shall be retained for six years after the closing on
the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants
to be paid from funds provided under this Agreement, including documentation of all program costs, in a form
sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work -
Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid fi-om
funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its
employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m.,
local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Department.
(6) AUDIT REOUIIEMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in accordance with
generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement.
Contract Revised: 10/04/2011
Packet Page -1896-
2
1/24/2012 Item 16.D.8.
(b) These records shall be available at reasonable times for inspection, review, or audit by state
personnel and other personnel authorized by the Department. "Reasonable" shall ordinarily mean normal business
hours of 8:00 am. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Department with the records, reports or financial statements upon
request for the purposes of auditing and monitoring the funds awarded under this Agreement.
(d) If the Recipient is a State or local government or a non -profit organization as defined in OMB
Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its
fiscal year, the Recipient must have a single or program - specific audit conducted in accordance with the provisions
of OMB Circular A -133, as revised. EXIBIT 1 to this Agreement shows the Federal resources awarded through
the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient
shall consider all sources of Federal awards, including Federal resources received from the Department. The
determination of amounts of Federal awards expended should be in accordance with the guidelines established by
OMB Circular A -133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with
the provisions of OMB Circular A -133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill
the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the Recipient
expends less than $500,000 in Federal awards in its fiscal year and chooses to have an audit conducted in
accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non-
Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A -133,
as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A -133, as
revised, by or on behalf of the Recipient to The Department of Economic Opportunity at each of the following
addresses:
Department of Economic Opportunity
Office of Inspector General
MSC 130
107 East Madison Street
Tallahassee, Florida 32399 -6508
and
Department of Economic Opportunity
Community Development Block Grant Disaster Recovery Program
MSC400
107 East Madison Street
Tallahassee, Florida 32399 -6508
Contract Revised: 10/04/2011
Packet Page -1897-
3
1/24/2012 Item 16.D.8.
Send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission
online at:
htto: /l harvester .census.gov /fac %ollect/ddeindex html
and to any other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB
Circular A -133, as revised.
(f) Pursuant to Section 320 (f), OMB Circular A -133, as revised, the Recipient shall send a copy of
the reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any management letter
issued by the auditor, to the Department at the following addresses:
Department of Economic Opportunity
Office of Inspector General
MSC 130
107 East Madison Street
Tallahassee, Florida 32399 -6508
and
Department of Economic Opportunity
Community Development Block Grant Disaster Recovery Program
MSC -400
107 East Madison Street
Tallahassee, Florida 32399 -6508
(g) By the date due, send any reports, management letter, or other information required to be
submitted to the Department pursuant to this Agreement in accordance with OMB Circular A -133, Florida Statutes,
and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the
Auditor General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the Recipient when
submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A -133
or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the
Auditor General.
(i) If the audit shows that all or any portion of the farads disbursed were not spent in accordance with
the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds
not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the
Department has notified the Recipient of such non - compliance.
6) The Recipient shall have all audits completed by an independent certified public accountant (IPA),
either a certified public accountant or a public accountant licensed under Chapter 473, Fla. St at. The IPA shall state
that the audit complied with the applicable provisions noted above. The audit must be received by the Department
no later than nine months from the end of the Recipient's fiscal year.
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1/24/2012 Item 16.D.8.
(7) REPORTS
(a) The Recipient shall provide the Department with monthly reports and a close -out report. These
reports shall include the current status. and progress by the Recipient and all subrecipients and subcontractors in
completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition
to any other information requested by the Department
(b) Monthly reports are due to the Department on the last day of each month of the program year and
shall be sent each month until submission of the administrative close -out report.
(c) The close -out report is due 45 days after termination of this Agreement or 45 days after
completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Department or are not completed in a manner
acceptable to the Department, the Department may withhold further payments until they are completed or may take
other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Department" means that the work product
was completed in accordance with the Budget and Scope of Work.
Department.
(e) The Recipient shall provide additional program updates or information that may be required by the
(f) The Recipient shall provide additional reports and information identified in Attachment D.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its subrecipients,
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time
schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the
specified time periods, and other performance goals are being achieved. A review shall be done for each function or
activity in Attachment A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits, and/or other
procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed
appropriate by the Department In the event that the Department determines that a limited scope audit of the
Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the
Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor
General. In addition, the Department will monitor the performance and financial management by the Recipient
throughout the contract term to ensure timely completion of all tasks.
(9) LIABMM
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the
Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the
Department harmless against all claims of whatever nature by third parties arising from the work performance under
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1/24/2012 Item 16.D.8.
this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the
Department, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat..
agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Department, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set
forth in Section 768.28, Fla. Stat. Nothing heroin is intended to serve as a waiver of sovereign immunity by any
Recipient to which sovereign immunity applies. Nothing herein shall be construed.as consent by a state agency or
subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract..
(10) DEFAULT
If any of the following events occur ( "Events of Default "), all obligations on the part of the Department
to make further payment of funds shall, if the Department elects, terminate and the Department has the option to
exercise any df its remedies set forth in Paragraph. (11). However, the Department may make payments or partial
payments after any Events of Default without waiving the right to exercise such remedies, and without becoming
liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any previous
agreement with the Department is or becomes false or misleading in any respect, or if the Recipient fails to keep or
perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the �1
Department and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this
Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any time during the
term of this Agreement, and the Recipient fans to cure this adverse change within thirty days from the date written
notice is sent by the Department.
(c) if any reports required by this Agreement have not been submitted to the Department or have been
submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under
this Agreement.
(11) REMEDIES
If an Event of Default occurs, then the Department may, upon thirty calendar days written notice to the
Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following
remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written
notice of such termination. The notice shall be effective when placed in the United States, first class mail, postage
prepaid, by registered or certified mail return receipt requested, to the address set forth in paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
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1/24/2012 Item 16.D.8.
(d) Require that the Recipient refund to the Department any monies used for ineligible purposes under
the laws, rules and regulations governing the use of thew.fimds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional information from the ,Recipient to determine the reasons for or the extent of
non - compliance or lack of performance,
2. issue a written warning to advise that more serious measures may be taken if the situation is
not corrected,
3. advise the Recipient to suspend, discontinue, or refrain from incurring costs for any activities
in question, or
4. require the Recipient to reimburse the Department for the amount of costs incurred for any
items determined to be ineligible.
(f) Exercise any other rights or remedies which may be otherwise available under law.
(g) Pursuing any of the above remedies will not keep the Department from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Department waives any right or remedy in this
Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right
or remedy of the Department, or affect the later exercise of the same right or remedy by the Department for any
other default by the Recipient
(12) TERMINATION
(a) The Department may terminate this Agreement for cause with thirty days written notice. Cause
can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform
in a timely manner, and refusal by the Recipient to permit public access to any document, paper, letter, or other
material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Department may terminate this Agreement for convenience or when it determines, in its sole
discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of
funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience through a written
amendment of this Agreement. The amendment shall state the effective date of the termination and the procedures
for proper close -out of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the
terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient
will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will
be disallowed. The Recipient shall not be relieved of liability to the Department because of any breach of
Agreement by the Recipient. The Department may, to the extent authorized by law, withhold payments to the
Recipient for the purpose of set-off until the exact amount of damages due the Department from the Recipient is
determined.
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1/24/2012 Item 16.D.8.
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in I writing, either by hand
delivery, or fast class, certified mail return receipt requested, to the representative identified below at the address
set forth below and said notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Carlos B. Collins
Department of Economic Opportunity
Division of Housing and Community Development
MSC -100
107 East Madison Street
Tallahassee, Florida 32399 -6508
Telephone:.(850) 717 -8438
Pax: (850) 488 -2488
Email: Carlos.Collins@deo.myflorida.com
(c) The name and address of the Representative of the Recipient responsible for the administration of
this Agreement is:
Lisa Oien
3301 E. Tamiami Trail Naples, FL 34112
Telephone: (239) 252 -8442
Fax: (239) 403 -2331
Email: lisaoien@colliergov.net
(d) In the event that different representatives or addresses are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative will be provided as
stated in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the signed
subcontract must be forwarded to the Department for review and approval The Recipient agrees to include in the
subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all
applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient
harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this
Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
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