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Agenda 09/25/2012 Item #16D9 Proposed Agenda Changes Board of County Commissioners Meeting September 25,2012 Request to hear Item 10A immediately before Item 14A1. (Commissioner Hiller's request) Add Item 10K: Consideration of impending vacancy on the Collier County Planning Commission for District 5 representative. (Commissioner Coletta's request) Withdraw Item 11D: This is a quasi judicial hearing.This item requires that ex parte disclosure be provided by Commission members and all participants are required to be sworn in. Recommendation to hear testimony from American Medical Transport and the public to determine the need for an additional Class 2 post-hospital inter-facility transport ambulance transfer service in Collier County. (Applicant's request) Withdraw Item 11E: Recommendation to approve the Site Improvement Plan and authorize the Chair to sign the Compliance Agreement for Star Mobile Home Park located at 1507 Immokalee Drive,Immokalee, Florida. (Staffs request on behalf of property owner) Move Item 16A7 to Item 11J: Recommendation to accept a schedule to review past staff clarifications of the Land Development Code(LDC)and to accept specific Staff Clarifications attached to this Executive Summary. (Commissioner Hiller's request) Add Item 11K: Recommendation to continue the Fiscal Year 2012 Pay and Classification Plan for the Board of County Commissioners and Office of the County Attorney into Fiscal Year 2013,allowing for final revisions to the proposed Fiscal Year 2013 plan which will be brought forward for consideration at the Board meeting of October 9, 2012. (Staffs request) Withdraw Item 16C1: Recommendation to approve a time and materials contract with Agnoli Barber& Brundage in the not-to-exceed amount of$243,631 for Request for Proposal No. 12-5883, "Master Pumping Station 312 Professional Services During Construction," Project Number 72549. (Staffs request pending resolution of a bid protest) Continue Item 16D5 to the October 9,2012 BCC Meeting: Recommendation to accept the Conservation Collier Annual Report. (Staffs request) Continue Item 16D6 to the October 9,2012 BCC Meeting: Recommendation to approve and authorize the Chairman to execute a Resolution repealing Resolution No.2009-296 and a Resolution establishing a revised Collier County Public Library Fees and Fines Schedule. (Staffs request) Move Item 16D9 to Item 11L: Recommendation to comply with a Housing and Urban Development (HUD) payback disbursement directive of federal funds in the amount of$500,000 for a Community Development Block Grant (CDBG) project subawarded to Habitat for Humanity (HFH) and authorize any necessary budget amendments. (Commissioner Hiller's request) Withdraw Item 16G1: Recommendation to approve a License Agreement with United Circus Operating Co.,Inc. d/b/a The Kings Bros Circus at the Immokalee Airport for a one(1)day circus event. (Staffs request) Proposed Agenda Changes Board of County Commissioners Meeting September 25,2012 Page 2 Withdraw Item 17C: Recommendation to adopt proposed changes to Ordinance No.91-65,of the Affordable Housing Advisory Committee Ordinance to incorporate statutory requirements and otherwise clarify terms. (Staffs request) Note: Item 16D2: The second sentence in the Considerations section of the Executive Summary should read: "Per Florida Statutes subsection 39.304(5),the parents,legal guardians,or legal custodians are required to reimburse the County for the costs of such initial allowable examinations". (Staffs request) Time Certain Items: Item 9B to be heard at 5:05 p.m. (Bayshore Triangle CRA Amendments and Wellfield and related Amendments) Item 10I to be heard at 1:05 p.m. Item 11C to be heard at 10:00 a.m. Item 12A to be heard at 11:30 a.m. Item 12B to be heard at 12:00 noon in a Closed Session Item 12C to be heard at 1:00 p.m. in an Open Session 9/25/2012 9:39 AM • 5 012 Item 16.D.9. EXECUTIVE SUMMARY Recommendation to comply with a Housing and Urban Development(HUD)payback disbursement directive of federal funds in the amount of$500,000 for a Community Development Block Grant (CDBG) project subawarded to Habitat for Humanity (HFH) and authorize any necessary budget amendments. OBJECTIVE: To comply with a HUD required project payback identified during an audit of HUD conducted by the Office of Inspector General, and to avoid a finding for non-compliance. CONSIDERATIONS: On August 21, 2012, The Department of Housing, Human and Veteran Services (HHVS) received correspondence from Yolanda Chavez, Deputy Assistance Secretary for Grant Programs (HUD), regarding a HUD Audit by the Office of the U.S. Inspector General (OIG). The audit was not exclusive in any way to Collier County. The audit identified long standing "open activities". Open activities are projects where funding has been expended and drawn (properly) but where the eventual outcome (usually referred to as a national objective) was not realized. One of these identified open activities was a Habitat for Humanity's FY 2004 Project, where $500,000 was properly expended and drawn for land purchase, but the project has had delays beyond its' control and has not met the national objective originally expected. Specifically, on April 13, 2004, the Board of County Commissioners approved Item#8B for the funding of HFH's Fuller Village (now known as Kaicasa) sub recipient agreement in the amount of$500,000 to assist with acquisition of 100 acres of land in the Immokalee area. The Kaicasa project was to provide at least 250 low-income individuals/families. HFH purchased the land in 2005; and proceeded to begin the rezoning/approval and permitting process necessary to complete the project. Zoning was completed in 2007 and the environmental studies and the approval process with the Southwest Florida Water Management Board and the U.S. Army Corp of Engineers began. One of the required approvals needed was the determination by the U.S. Corps of Engineers for flood plain maps. HFH submitted for this approval in 2007, and proceeded to pursue mitigation issues,ultimately investing $2.2 million in Panther Mitigation Credits for the site. At that time HFH was informed that the flood plain maps would be issued in the 2008-2009 timeframe. No county permits could be issued until the maps were finalized. The flood plain maps were not released for public review until 2011; at which time a lawsuit was brought against the Corps of Engineers and as a result the flood plain maps were not finalized until June 2012 further delaying the ability to permit the project. To date, total Habitat investment in Kaicasa (exclusive of the grant funds)exceeds$4.7 million. Given the downturn in the economy since inception of this project,HFH is putting this project on hold for the time being and has readily agreed to pay back the $500,000 grant. The Housing, Human and Veterans Services(HHVS)Department agrees with this decision and has informed HUD of the repayment request. HFH has tendered a check for the $500,000. HHVS and the Grants Compliance Office in the Office of Management and Budget will work closely with the Clerk of Courts staff in order to meet the September 30,2012 deadline and avoid a written finding of non-compliance. These funds will become available to reallocate to other CDBG eligible projects, once the repayment is completed. Potential projects will be brought to the Board at a later date for their review and approval. HHVS wishes to recognize Habitat's cooperation in this matter and their diligence over the duration of the project to attempt to meet the HUD national objective. Packet Page-2743- 9/25/2012 Item 16.D.9. FISCAL IMPACT: Repayment in the amount of $500,000 does not require the use of any County funds. No general fund dollars are associated with this request. Funding associated with this project was awarded under the CDBG 2004 apportionment within CDBG Fund (121), Project 34510 and expended in FY2005. HUD requires repayment to be made through wire transfer. These funds may be reallocated to another allowable activity through the HHVS HUD competitive solicitation Request for Proposal (RFP) process. The next RFP will be announced shortly and once this process is complete, a subsequent Board action will be brought forward to approve the new projects as well as process any budget amendments, as necessary. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote—JBW GROWTH MANAGEMENT IMPACT: There are no impacts to the Growth Management Plan with this action. Any future projects selected with the eventually re-programmed funds will need to be complaint with the Growth Management Plan. RECOMMENDATION: To comply with remittance of federal funds in the amount of $500,000 to Housing and Urban Development(HUD) for a project that did not meet a national objective and authorize any necessary budget amendments in order to complete the repayment. Prepared By: Margo Castorena, Grant Operations Manager, Housing, Human and Veteran Services Department Packet Page-2744- 9/25/2012 Item 16.D.9. COLLIER COUNTY Board of County Commissioners Item Number: 16.D.9. Item Summary: Recommendation to comply with a Housing and Urban Development (HUD) payback disbursement directive of federal funds in the amount of$500,000 for a Community Development Block Grant (CDBG) project subawarded to Habitat for Humanity (HFH) and authorize any necessary budget amendments. Meeting Date: 9/25/2012 Prepared By Name: KlopfWendy Title: Operations Coordinator,Housing, Human&Veteran Se 9/18/2012 4:03:00 PM Submitted by Title: Manager-Federal/State Grants,HHVS Name: CastorenaMargo 9/18/2012 4:03:01 PM Approved By Name: CastorenaMargo Title: Manager-Federal/State Grants,HHVS Date: 9/18/2012 4:19:27 PM Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 9/18/2012 4:38:57 PM Name: GrantKimberley Title: Interim Director,HHVS Date: 9/18/2012 4:39:44 PM Name: CarnellSteve Title: Director-Purchasing/General Services,Purchasing Date: 9/18/2012 4:50:49 PM Packet Page-2745- 9/25/2012 Item 16.D.9. Name: AckermanMaria Title: Senior Accountant, Grants Date: 9/18/2012 4:54:46 PM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 9/19/2012 9:01:55 AM Name: PryorCheryl Title: Management/Budget Analyst, Senior,Office of Management&Budget Date: 9/19/2012 11:13:39 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management&Budget Date: 9/19/2012 11:19:28 AM Name: KlatzkowJeff Title: County Attorney Date: 9/19/2012 11:44:23 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 9/19/2012 12:40:26 PM Packet Page-2746- • 9/25/2012 Item 16.D.9. eiutIvroof ' 11I 111I* U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT F WASHINGTON,DC 20410-7000 1303nW31 �N or" u OFFICE OF COMMUNITY PLANNING AUG 1 it 2012 , l AND DEVELOPMENT Mr.Fred W.Coyle Chairman,Board of Commissioners Collier County 3299 Tamiami Trail East Naples,FL 34112 Dear Mr.Coyle: Your community has Community Development Block Grant(CDBG)activities that have remained open for extended time periods or are cancelled with draws in the Integrated Disbursement and Information System(IDIS). The activities were identified by HUD's Office of the Inspector General during a 2011 audit of the CDBG program. Based on HUD's analysis of IDIS data,it appears many grantees have not completed these activities because there are unresolved compliance and reporting issues. In order to clear the recommendations in the audit report,HUD is committed to obtaining proper resolution of every activity identified in the Inspector General's audit. Over the past nine months,HUD staff has worked closely with grantees to obtain and document resolution for over 75%of the activities identified in the audit. However, a significant number of activities remain inadequately documented or incomplete. By September 30,2012,your community must take actions to resolve all remaining longstanding open activities and activities that have been cancelled with draws,as identified in the 2011 Inspector General Audit Report(A list of your community's remaining activities has been • provided to your CDBG program staff.). For any activity for which suitable resolution has not been achieved by September 30th,HUD will make a finding of noncompliance with program requirements and advise your community to reimburse the CDBG program for all amounts expended. If you need technical assistance to resolve the longstanding open activities or activities that have been cancelled with draws by the September 30,2012,deadline. The Department encourages you to contact the Director of your local HUD Field Office as soon as possible. Sincerely, /04_, Yolanda Chavez Deputy Assistant Secretary for Grant Programs www.hnd.gov espanol hud.gov Packet Page-2747- 9/25/2012 Item 16.D.9. 01 '/. Anik Memorandum 0t10� ,/, ,\ To: Patricia Morgan,Supervisor Clerk of Courts-Minutes and Records From: Nancy Mesa-Grants Support Specialist Date: December 15,2004 Subject: Subrecipient Agreement Re: CDBG- FY 2004-2005 Attached please find the original subrecipient agreement between Collier County and Habitat for Humanity of Collier County, Inc. for CDBG funding in the amount of $500,000 toward land acquisition in Immokalee for a project known as Fuller Village where at least two hundred fifty(250) homes will be built for low-income beneficiaries. This was included in the County's Consolidated Plan One-Year Action Plan FY 2004-2005 as approved by the BCC on April 13,2004-Item 8B. The account string for this grant is 121-138755-882100-345101. Please call me at 659-5770 if you have any questions. Thank you. Cc: Kelly Jones,Senior Accountant-Clerk's Finance Marlene Foord,Grant Coordinator-Administrative Services Division Gwen Butler, Operations Manager•Purchasing Department of Financial Administration and Housing Community Development and Fnvimnrrentel Services Division Packet Page-2748- 9/25/2012 Item 16.D.9. AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY,INC. Catalog of Federal Domestic Assistance# 14.218 HUD Grant#B-04-UC-12-0016 THIS AGREEMENT, is entered into this 9?"1 day of 40*1 ea".der 20 by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and "Habitat for Humanity of Collier County, Inc.," a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 11150 Tamiami Trail East, Naples, Florida 34113, and its Federal Tax Identification number as 59-1834379, hereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974(as amended); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements;to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2004-2005 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan—Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2004-2005 for the CDBG Program by Resolution on April 13, 2004, including the use of this standard form Agreement; and Habitat for Humanity of Collier County, Inc. Page 1 of 22 Packet Page-2749- 9/25/2012 Item 16.D.9. WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the ' e' County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2004-2005 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and Habitat for Humanity of Collier County, Inc. desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage Habitat for Humanity of Collier County, Inc. to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) "County"means Collier County, and where applicable, its authorized representative(s). (2) "CDBG"means the Community Development Block Grant Program of Collier County. (3) "FAH"means the Financial Administration and Housing Department of Collier County. (4) "SUBRECIPIENT"means Habitat for Humanity of Collier County, Inc. (5) "FAH Approval"means the written approval of the FAH Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons"means the definition set by HUD. (8) "Project"means the work contemplated to be performed as set forth in Exhibit"A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit `B" along with Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B-04-UC-12-0016. The Allk effective date shall be the latest date of execution of this Agreement, and the services of the Habitat for Humanity of Collier County, Inc. Packet Page-2750- Page 2 of 22 9/25/2012 Item 16.D.9. SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 15, 2005. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $500,000 for the services described in Exhibit"A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one(I) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five(45)days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES,REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any Habitat for Humanity of Collier County, Inc. Packet Page-2751- Page 3 of 22 9/25/2012 Item 16.D.9. applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 -which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work-Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Habitat for Humanity of Collier County, Inc. packet Page-2752- Page 4 of 22 9/25/2012 Item 16.D.9. 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act,is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c),which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100-430 -the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. 26. OMB Circular A-133 - concerning annual audits. 27. OMB Circular A-122 - which identifies cost principles. 28. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A-110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 30. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. Habitat for Humanity of Collier County, Inc. packet Page-2753 Page 5 of 22 9/25/2012 Item 16.D.9. C. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit"A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the FAH Department or his designee. D. AMENDMENTS Amok The County may, at its discretion, amend this Agreement to conform to changes required by State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. E. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the County harmless and will indemnify the County for funds, which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. Habitat for Humanity of Collier County, Inc. Packet Page-2754- Page 6 of 22 i I 9/25/2012 Item 16.D.9. F. GRANTEE RECOGNITION, All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH or the County. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the SUBRECIPIENT, and the County may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the County from the SUBRECIPIENT is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Habitat for Humanity of Collier County, Inc. Packet Page-2755- Page 7 of 22 9/25/2012 Item 16.D.9. Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual ' Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured- Designated Person or Organization endorsement, or its equivalent, to owek the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees, and Agents, do Department of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right,but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. Habitat for Humanity of Collier County, Inc. packet Page-2756- Page 8 of 22 9/25/2012 Item 16.D.9. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. VIII. ADMINISTRATIVE REOUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A —110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORD-KEEPING 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the County by the SUBRECIPIENT at any time upon request by the County or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three(3) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit"C". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. Habitat for Humanity of Collier County, Inc. packet Page-2757- Page 9 of 22 9/25/2012 Item 16.D.9. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-110, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS, AUDITS,AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the County, or HUD at any time. F. PRIOR WRITTEN APPROVALS-SUMMARY oak The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of$1,000 or more; (c) All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); (d) All change orders; and (e) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (f) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Amik Agreement. This will require the SUBRECIPIENT to submit a single audit, including any .,„„„w management letter, made in accordance with the general program requirements of OMB Habitat for Humanity of Collier County, Inc. Page 10 of 22 Packet Page-2758- 9/25/2012 Item 16.D.9. Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the County reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. H. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAH. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to FAH, and said plan shall require the prior written approval of the FAH Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in"Exhibit A"of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include,but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. Habitat for Humanity of Collier County, Inc. Page 11 of 22 Packet Page-2759- 9/25/2012 Item 16.D.9. IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ETNERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty-one percent(51%)of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to FAH, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the County. The ,. Habitat for Humanity of Collier County, Inc. Packet Page-2760- Page 12 of 22 1 9/25/2012 Item 16.D.9. SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the County or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). G. DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 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, Habitat for Humanity of Collier County, Page 13 of 22 y y' Packet Page-2761- 9/25/2012 Item 16.D.9. a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act,41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment(LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. C. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of Habitat for Humanity of Collier County, Inc. Packet Page-2762- Page 14 of 22 9/25/2012 Item 16.D.9. • • properties constructed prior to 1978 be properly notified that such properties may include lead- based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-two (22) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. Habitat for Humanity of Collier County, Inc. Page 15 of 22 Packet Page-2763- 9/25/2012 Item 16.D.9. XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this ? day of 4e e.k,lxr ,20 Dy . HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. (SUBRECIPIENT SEAL) - BY SAMUEL J. ► d RSO, M.D., PRESIDENT Approved as to form and Legal sufficiency: COLLIER COUNTY, FLOR I A 1bl '�( BY: .. ►�►v'�, 4.►►1' JOSE' K. SCHM , ADMIN .TRATOR, Patrick G. White CO ITY DEVELOPMENT& ENVIRONMENTAL Assistant County Attorney SERVICES Awita Habitat for Humanity of Collier County, Inc. Page 16 of 22 Packet Page-2764- 9/25/2012 Item 16.D.9. • EXHIBIT"A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: A. PROJECT DESCRIPTION: Habitat for Humanity of Collier County, Inc. shall acquire land and construct new three-bedroom, one- bath, owner occupied homes for at least two hundred fifty(250) low—income individuals/families. The development, tentatively to be named Fuller Village, will be located on Route 29 in Immokalee, immediately south of Farm Worker Village. It is anticipated that the re-zoning and permitting processes will take three (3) years to be approved. At that time, construction(infrastructure and homebuilding)shall begin. Approximately 50 - 60 homes will be completed per year. B. PROJECT SCOPE : The purpose of this funding is acquisition of 100 acres with 65 buildable acres in Immokalee, FL to enable Habitat for Humanity of Collier County, Inc. to construct at least two hundred fifty (250) new owner-occupied affordable housing units for low-income residents. 100% of the persons or households served will be low-income persons. Eligible households will earn less than 80% of the HUD Area Median Income (MFI). When 51% of the units are sold, SUBRECIPIENT shall submit to FAH a certification that all purchasers meet income qualification. This funding is a reimbursable $500,000 grant. NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to FAH and obtain a letter of approval prior to starting construction work. The fmal number of units to be constructed must be reported to FAH staff as soon as the determination is made. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid work in a manner that would allow the receipt of itemized costs from bidders. NOTE 3: The SUBRECIPIENT shall incorporate exterior features into the design of the units that will result in the units not appearing to be duplicates. Examples of items to be incorporated are: varying setbacks, different window shapes, orientation on the lot, different types of exteriors, landscaping, floorplans etc. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. Habitat for Humanity of Collier County, Inc. Packet Page-2765- Page 17 of 22 9/25/2012 Item 16.D.9. C. BUDGET: Line Item: CDBG Funds Other Land Acquisition $500,000 $ 400,000 Site Work/Infrastructure $ 7,500,000 Construction $12,500,000 Subtotal $19,400,000 Total $20,000,000 D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above,if applicable. E. MEASURABLE PERFORMANCE OUTCOMES: The SUBRECIPIENT shall complete the following documents to report program successes: Monthly report The above documents will be made available to FAH staff for monitoring when requested. F. FORMER PROJECTS: Failure to adequately maintain any former CDBG/HOME funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG/HOME funds. G. WORK SCHEDULE: The time frame for completion of the outlined activities shall be June 15, 2005. Fifty per cent(50%)of the funding must be expended by March 31, 2005. Fifty-one(51)percent of the units shall be constructed and occupied by June 30, 2010. H. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project until 51% of the units are constructed and occupied by low income persons/households. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form "Exhibit C". The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. Habitat for Humanity of Collier County, Inc. Page 18 of 22 Packet Page-2766- 9/25/2012 Item 16.D.9. EXHIBIT`B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Habitat for Humanity of Collier County, Inc. Subrecipient Address: 11150 E. Tamiami Trail.Naples. FL 34113 Project Name: Land Acquisition—Immokalee Project No: CD 04-02 Payment Request# Dollar Amount Requested: $ SECTION H:STATUS OF FUNDS, 1. Grant Amount Awarded $ 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests $ 5. Amount of Today's Request $ 6. Current Grant Balance(Initial Grant Amount Awarded Less Sum of all Requests) $ 7. If applicable amount held as retainage to date by the County, if not retained by $ the sub-recipient. I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director Habitat for Humanity of Collier County, Inc. Page 19 of 22 Packet Page-2767- 9/25/2012 Item 16.D.9. Adi EXHIBIT"C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the 10th of the following month. Status Report for Month of Submittal Date: Project Name Land Acquisition- Immokalee Project Number CD 04-02 Activity Number Subrecipient: Habitat for Humanity of Collier County, Inc. Contact Person Cheryl Malone Telephone: 775-0036 Fax: 775-0477 E-mail: cmaloneahthcollier.com 1. Activity Status/Milestones(describe any action taken,relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. New contracts executed this month (if applicable): Habitat for Humanity of Collier County, Inc. Page 20 of 22 Packet Page-2768- 9/25/2012 Item 16.D.9. Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address &Phone Contract Federal ID (see (see Number Number definitions on definitions on page 3) page 3) 6. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category(either"households" or"persons"). Enter the number of beneficiaries in the blank space and in box "1. " INCOME Of the households or persons assisted, are extremely low-income income(0-30%)of the current Median Family Income(MFI). Enter this number in box "2. " Of the households or persons assisted, are very low-income(31-50%) of the current Median Family Income(MFI). Enter this number in box "3." Of these households or persons assisted, are low income(51-80%) of the current Median Family Income(MFI). Enter this number in box "4. " NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5"below. BOX I BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51-80%) Household Assisted (0-30%) (31-50%) Habitat for Humanity of Collier County, Inc. Page 21 of 22 Packet Page-2769- 9/25/2012 Item 16.D.9. Subrecipients must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe,the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia,or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands,Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America(including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicity Beneficiaries Race #Total #Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander • American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi-Racial TOTAL: Agest Habitat for Humanity of Collier County, Inc. Page 22 of 22 Packet Page-2770-