Agenda 11/13/2012 Item #16D 411/13/2012 Item 16.D.4.
EXECUTIVE SUMMARY
Recommendation to approve an amendment to the Community Development Block Grant
Agreement between Collier County and the Community Redevelopment Agency (CRA) Immokalee
by extending the grant agreement period, requiring compliance with the FY 2010 HUD Grant and
24 CFR 570, and modifving Exhibit A, Scope of Services.
OBJECTIVE: Allow for a grant extension and other modifications to the subrecipient agreement to
extend the project completion date and make house - keeping type modifications.
CONSIDERATIONS: On October 26, 2010, Item 16D6, the Board of County Commissioners (BCC)
approved an agreement with the CRA for a Job Creation — Business Incubator Project. The Subrecipient
Agreement currently states that the Collier County Airport Authority Board (CCAA) is partnering with
the CRA to complete the project. Due to the CRA moving its offices and not continuing the partnership
with the CCAA, the CRA requested a modification to the subrecipient agreement to extend the project
completion date up to and including November 30, 2012. Other house - keeping type modifications to the
subrecipient agreement are also proposed.
Terms to be modified by the proposed amendment:
1. Compliance with HUD Grant B- 10 -UC -12 -0016 is added to Paragraph III;
2. Project completion date set is extended up to and including November 30, 2012 in Paragraph III;
3. Compliance with Title 24 CFR Part 570, Subpart K is added to Paragraph VI;
4. Records retention compliance modified from six years to four years in Paragraph VII;
5. Reference to the partnership with the CCAA and location of the proposed Immokalee Business
Development Center (IBDC) is removed from Exhibit A, Scope of Services;
6. Project Work Plan is modified by extending the end dates in Exhibit A. Scope of Services.
The proposed modifications are allowable under the grant, and will not increase the amount of grant funds
or impact the budget for this project.
FISCAL IMPACT: FY 10 Community Development Block Grant funds in the grant amount of $212,000
are available within the Housing Grants Fund (705), Project 33088.
GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this amendment will
further certain Goals, Objectives, and Policies within the Housing Element of the Growth Management
Plan.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for BCC
action. - JBW
RECOMMENDATION: To approve and authorize the Chairman to sign the proposed Second
Amendment.
PREPARED BY: Rosa Munoz, Grants Coordinator, Housing, Human and Veteran Services
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.4.
11/1312012 Item 16.D.4.
Item Summary: Recommendation to approve an amendment to the Community
Development Block Grant Agreement between Collier County and the Community
Redevelopment Agency (CRA) Immokalee by extending the grant agreement period, requiring
compliance with the FY 2010 HUD Grant and 24 CFR 570, and modifying Exhibit A, Scope of
Services.
Meeting Date: 11/13/2012
Prepared By
Name: MunozRosa
Title: Grants Coordinator,Housing, Human & Veteran Services
10/17/2012 2:29:52 PM
Submitted by
Title: Grants Coordinator,Housing, Human & Veteran Services
Name: MunozRosa
10/ 1 7/2012 2:29:54 PM
Approved By
Name: CastorenaMargo
Title: Manager - Federal /State Grants, HHVS
Date: 10/17/2012 4:27:18 PM
Name: MesaNancy
Title: Accountant,Housing, Human & Veteran Services
Date: 10/18/2012 10:01:29 AM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 10/18/2012 1:07:45 PM
Name: GrantKimberley
Title: Interim Director, HHVS
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Date: 10/19/2012 1:24:55 PM
Name: WhiteJennifer
Title: Assistant County Attomey,County Attorney
Date: 10/22/2012 2:02:52 PM
Name: AckermanMaria
Title: Senior Accountant, Grants
Date: 10/23/2012 1:23:10 PM
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 10/25/2012 10:11:37 AM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 10/25/2012 3:59:30 PM
Name: StanleyTherese
Title: Management /Budget Analyst, Senior,Office of Manage
Date: 10/26/2012 2:49:12 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/26/2012 2:50:51 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 10/26/2012 4:37:05 PM
Name: OchsLeo
Title: County Manager
Date: 11/3/2012 11:03:45 AM
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11/13/2012 Item 16.D.4.
11/13/2012 Item 16.D.4.
Second Amendment to
Agreement between Collier County
and
Collier County Community Redevelopment Agency (CRA) Immokalee
Job Creation - Business Incubator Project
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # B- 10 -UC -12 -0016
This Second Amendment, is entered into this day of , 2012, by and
between the parties to the original Agreement, Collier County Community Redevelopment Agency
(CRA) Immokalee" a public entity, created by Collier County pursuant to Chapter 163, Florida Statutes.
having its principal office at 1320 N. 15`t' Street, Immokalee, FL 34142, and its Federal Tax Identification
number as 59- 6000558 & DUNS #, 076997790, herein after referred to as SUBRECIPIENT and Collier
County, Florida, herein after to be referred to as '*COUNTY,- collectively stated as the -Parties."
RECITALS
Whereas, on October 26, 2010, the County entered into an Agreement with the Community
Development Block Grant Program funds to be used for the two year operational and start up costs for the
Immokalee Business Development Center (hereinafter referred to as the "Agreement")-, and
Whereas, on July 26, 2011, the Agreement was amended to increase the award and modify the
Exhibit "A ", Scope of Services; and
hereas, on June 12, 2012, a Change Modification Form was administratively approved to extend
W
the project completion date to October 15, 2012; and
Whereas. the Parties desire to further amend the Agreement to extend the project completion date
up to and including November 30, 2012, add HUD compliance language to Section. VI and VII, and
modify Exhibit A, Scope of Services.
NOW THEREFORE, in consideration of the foregoing Recitals, and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to
amend the Agreement as follows:
Words St ..^l. 'T hr- &uo are deleted; Words Underlined are added
III. TIME OF PERFORMANCE
The effective date of the this Agreement between iT D d G "ie - Geuiit ' shall be July 1, 2010.
The services of the SUBRECIPIENT shall comply with all terms and conditions of HUD Grant 13- 10 -UC-
12 -0016 of . Subrecipients are
nendment No. 2 CDIO -06
Community Redevelopment Agency (CRA) Immokalee
,lob Creation — Business Incubator Project
Pace 1
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11/13/2012 Item 16.D.4.
authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to --
HHVS pry written approval. In any event, all services required hereunder shall be completed by the
SUBRECIPIENT pry up to and including june -15, 20— - November 30, 2012. Any funds not obligated
by the expiration date of this Agreement shall automatically revert to the COUNTY.
VI. GENERAL CONDITIONS
D. SUBCONTRACTS
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations. Part 570 (the U.S. Housing and Urban Development regulations concerning Community
Development Block Grants (CDBG)) including subpart K of these regulations except that (1) the
SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR
570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the
review process under the provisions of 24 CFR Part 52 The SUBRECIPIENT also agrees to comply with
all other applicable Federal state and local laws regulations and policies governing the funds provided
under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement
to supplement rather than supplant funds otherwise available
VII. ADMINISTRATIVE REQUIREMENTS
B. DOCUMENTATION AND RECORDKEEPING
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 HHVS. Upon completion of all work contemplated under this Agreement copies of
all documents and records relating to this Agreement shall be surrendered to HHVS if requested.
In any event the SUBRECIPIENT shall keep all documents and records for four 4 years
after expiration of this Agreement.
Amendment No. 2 CD 10-06
Community Redevelopment Agency (CRA) Immokalee
Job Creation — Business Incubator Project
Page 2
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11/13/2012 Item 16.D.4.
EXHIBIT "A"
SCOPE OF SERVICES
COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY (CRA) IMMOKALEE
JOB CREATION — BUSINESS INCUBATOR PROJECT
A. PROJECT SCOPE:
On April 27th, 2010 the BCC approved the HUD Action Plan allocating funding for this initiative.
Community Development Block Grant (CDBG) funding will be used for the start up and two year
operational costs for the Immokalee Business Development Center (IBDC). This 4:4ews
Funds will be used to pay 100% salary, benefits, and travel costs in accordance with BCC board
policy for the manager of IBDC and an administrative assistant who are Collier County
employees. Funds will also be used for normal start-up expenses in the following categories:
office equipment and supplies, office operating expenses, office furnishings, professional and
marketing fees or expenses. All travel costs associated with start up of the IBDC; mileage,
lodging, meals etc. Operational and maintenance and /or lease charges associated with vehicles for
the director or administrative assistant will be covered.
In the Action Plan for this program the intended outcome of this funding is to create a minimum
of 5 low /moderate positions and the above noted funds are utilized to reach this goal. It is
important to clarify the 5 positions are an outcome of the businesses occupying the IBDC this
funding is helping to establish. When the CRA establishes the firms, they will then hire people to
work for them in various capacities.
The project activities will meet the U.S. Department of Housing and Urban Development's
national objective to improve economic opportunities for low income persons.
.endment No. 2 CD 10-06
Community Redevelopment Agency (CRA) Immokalee
Job Creation — Business Incubator Project
Page 3
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Ilk 100
M.
_
D. . .
Funds will be used to pay 100% salary, benefits, and travel costs in accordance with BCC board
policy for the manager of IBDC and an administrative assistant who are Collier County
employees. Funds will also be used for normal start-up expenses in the following categories:
office equipment and supplies, office operating expenses, office furnishings, professional and
marketing fees or expenses. All travel costs associated with start up of the IBDC; mileage,
lodging, meals etc. Operational and maintenance and /or lease charges associated with vehicles for
the director or administrative assistant will be covered.
In the Action Plan for this program the intended outcome of this funding is to create a minimum
of 5 low /moderate positions and the above noted funds are utilized to reach this goal. It is
important to clarify the 5 positions are an outcome of the businesses occupying the IBDC this
funding is helping to establish. When the CRA establishes the firms, they will then hire people to
work for them in various capacities.
The project activities will meet the U.S. Department of Housing and Urban Development's
national objective to improve economic opportunities for low income persons.
.endment No. 2 CD 10-06
Community Redevelopment Agency (CRA) Immokalee
Job Creation — Business Incubator Project
Page 3
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11/13/2012 Item 16.D.4.
C. PROJECT WORK PLAN
The following Project Work Plan is in effect for program monitoring requirements only and as
such, is not to be used as a payment schedule.
Date Start
Date End
Work Plan
07/2010
12/2010
Hire Administrative Assistant
07/2010
03/2011
Establish office functions
07/2010
04/2011
Hire Manager
07/2010
06,1201-2
11/30/12
Conduct Marketing Activities
07/2010
86,/2012
11/30/12
Education -New Business /Entrepreneurs
g' g
06,12012
-r,,. ant
12/2010
8012
11 /30/1
Demonstrate creation of 5 jobs
Amendment No. 2 CDI0 -06
Community Redevelopment Agency (CRA) Immokalee
Job Creation — Business Incubator Project
Page 4
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11/13/2012 Item 16.D.4.
IN WITNESS WHEREOF, the Parties have executed this Second Amendment on the date and year first
written above.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Deputy Clerk
Dated:
(SEAL)
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Deputy Clerk
Dated:
(SEAL)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Collier County Community Redevelopment Agen,
(CRA) - Immokalee
By:
Subrecipient Signature
Donna Fiala, Chairman
Type /print Subrecipient name and title
Approved as to form and legal sufficiency:
Jennifer B. White
Assistant County Attorney
iendment No. 2 CD 10-06
-ommunity Redevelopment Agency (CRA) Immokalee
Job Creation — Business Incubator Project
Page 5
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11/13/2012 Item 16.D.4.
AGREEMENT BETWEEN COLLIER COUNTY
AND
COMMUNITY REDEVELOPMENT AGENCY (CRA) IMMOKALEE
JOB CREATION — BUSINESS INCUBATOR PROJECT
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # B- 10 -UC -12 -0016
THIS AGREEMENT is made and entered into by and between Collier County, a political
subdivision of the State of Florida, ( "COUNTY "), and the "Collier County Community
Redevelopment Agency (CRA) - Immokalee" a public entity created by Collier County pursuant to
Chapter 163, Florida Statutes, having its principal office at 310 Alachua Street, Immokalee, FL 34142,
and its Federal Tax Identification number as 59- 6000558 & DUNS #, 076997790,
( "SUBRECIPIENT ").
WHEREAS, the COUNTY has entered into an agreement with the United States Department
of Housing and Urban Development (HUD) 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 Board of County Commissioners of Collier County approved the Collier
County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year 2010-2011 for the CDBG
Program with Resolution 2010 -85 on April 27, 2010- Agenda Item 16D15; and
WHEREAS, Resolution 08 -121 was developed following the Collier County Consolidated
Plan — Citizen Participation Plan, adopted on January 9, 2001 with Resolution 01 -02; and
WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for
Federal Fiscal Year 2010 -2011 for the CDBG Program and the use of the CDBG funds for the
activities identified in the Plan; and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified
in Exhibit "A" of this Agreement, in accord with the approved Consolidated Plan; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
undertakings of the CDBG Program as a valid and worthwhile County purpose.
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11/13/2012 Item 16.D.4.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
DEFINITIONS
(A) "COUNTY" means Collier County, and where applicable, it's authorized
representative(s).
(B) "CDBG" means the Community Development Block Grant Program.
(C) "HHVS" means Collier County Department of Housing, Human and Veteran Services.
(D) "HHVS's Approval" means the written approval of the Department of Housing, Human
and Veteran Services or designee.
(E) " SUBRECIPIENT" means the Collier County Community Redevelopment Agency
(CRA) Immokalee.
(F) "HUD" means the U.S. Department of Housing and Urban Development or a person
authorized to act on its behalf.
(G) "Low and moderate income persons" means the definition set by HUD.
(H) "Project" means the work to be performed as set forth in Exhibit "A."
II. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper mariner, as determined by HHVS,
perform the tasks necessary to conduct the program outlined in Exhibit "A."
III. TIME OF PERFORMANCE
The effective date of the Agreement between HUD and Collier County shall be July 1, 2010.
The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this
Agreement. Subrecipients are authorized to incur eligible expenses after that date and prior to
execution of this Agreement subject to HHVS prior written approval. In any event, all services
required hereunder shall be completed by the SUBRECIPIENT prior to June 15, 2012. Any funds not
obligated by the expiration date of this Agreement shall automatically revert to the COUNTY.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable
costs, determined by COUNTY, in an amount not to exceed EIGHTY SIX THOUSAND DOLLARS
AND NO CENTS (U. S. $86,000.00) for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees,
or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal
requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest
responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and
monitored by HHVS, which shall have access to all records and documents related to the project.
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11/13/2012 Item 16.D.4.
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the
submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when
requested as work progresses but not more frequently than once per month. Payment will be made
upon receipt of a proper invoice and in compliance with § 218.70, Fla. Stat., otherwise known as the
"Local Government Prompt Payment Act." No payment will be made until approved by HHVS.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to
HHVS at its office, presently located at 3301 E Tamiami Trail, Bldg H; Suite 211, Naples, Florida
34112, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of
this Agreement.
VI. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT
The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal,
State, and County laws, ordinances and codes and with the procedures outlined in HHVS' Policies and
Procedures memoranda.
Should a project receive additional funding after the commencement of this Agreement, the
SUBRECIPIENT shall notify HHVS in writing within thirty (30) days of receiving notification from
the funding source and submit a cost allocation plan for approval by I4HVS or its designee within
forty -five (45) days of said official notification.
B. DEBARMENT
The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in
this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction.
C. LOCAL AND FEDERAL RULES REGULATIONS AND LAWS
The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations and
orders of the State, local and Federal governments, including, but not limited to:
24 CFR 570, as amended - The regulations governing the expenditure of Community
Development Block Grant (CDBG) funds.
24 CFR 58 - The regulations prescribing the Environmental Review procedure.
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11/13/2012 Item 16.D.4.
3. Title VI of the 1.984 Civil Rights Act, 42 USC § 2000d, et. seq.
4. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
5. Executive Order 11246 ( "Equal Employment Opportunity "), as amended by Executive
Orders 11375 and 12086 - which establishes hiring goals for minorities and women on
projects assisted with federal funds.
6. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972, 42 USC § 2000e, et. seq.
7. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
8. Age Discrimination Act of 1975.
9. Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
10. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5).
11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended.
12. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages
and the use of apprentices and trainees on federally assisted projects as mandated by the
Davis -Bacon Act. HUD Form 4010 must be included in all construction contracts
funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c)).
13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
14. Executive Order 11625 and U.S. Department of Housing and Urban Development
Circular Letter 79 -45 - which prescribes goal percentages for participation of minority
businesses in Community Development Block Grant Contracts.
15. Public Law 100 -430 - the Fair Housing Amendments Act of 1988.
16. OMB Circular A- 133 - concerning annual audits.
17. OMB Circular A -122 - which identifies cost principles.
18. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non -Profit Organizations.
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19. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to State
and Local Governments.
20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and
regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws
referenced herein shall constitute a breach of this agreement, and the County shall have
the discretion to unilaterally terminate this agreement immediately.
21. Chapter 112, Florida Statutes.
22. Prohibition Of Gifts To County Employees - No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of
value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes,
Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative
Procedure 5311.
23. Order of Precedence - In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the Agreement shall take precedence over the
terms of all other- Contract Documents, except the terms of any Supplemental
Conditions shall take precedence over the Agreement. To the extent any conflict in the
terms of the Contract Documents cannot be resolved by application of the Supplemental
Conditions, if any; or the Agreement, the conflict shall be resolved by imposing the
more strict or costly obligation under the Contract Documents upon the Contractor at
Owner's discretion.
24. Venue - Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of SUBRECIPIENT with full decision - making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached
during negotiations to COUNTY for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of SUBRECIPIENT with full decision - making
authority and by COUNTY'S staff person who would make the presentation of any
settlement reached at mediation to COUNTY'S board for approval. Should either party
fail to submit to mediation as required hereunder, the other part}, may, obtain a court
order requiring mediation under § 44.102. Fla. Star
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11/13/2012 Item 16.D.4.
D. 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 HHVS for its review and approval, which will specifically include a determination
of compliance with the terms of the attached Scope of Services set forth in Exhibit "A."
This review also includes ensuring that all consultant contracts and fee schedules meet the
minimum standards as established by the Collier County Purchasing Department, Florida Statutes and
HUD. Reimbursements for such services will be made at 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 HHVS or its designee.
E. AMENDMENTS
This Agreement, and any exhibit or attachment. may be amended only by written agreement
executed by the governing boards of both parties, except that County representative(s) may approve
adjustments between line item amounts, scope clarifications, or an extension of time and schedule that
do not change the project., or exceed the amount funded by the County, as stated herein. Any
modifications to this contract shall be in compliance with the County Purchasing Policy and
Administrative Procedures in effect at the time such modifications are authorized.
F. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and
hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees; to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or
anyone employed or utilized by the SUBRECIPIENT in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an indemnified party or person described in this
paragraph. This section does not pertain to any incident arising from the sole negligence of Collier
County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the
limits set forth in Section 768.28, Florida Statutes.
G. 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 HHVS in all publications and publicity. In addition, the SUBRECIPIENT will make a
good faith effort to recognize HI -lVS' support for all activities made possible with funds made
available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for
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projects funded by HHVS. This design concept is intended to disseminate key information regarding
the development team as well as Equal Housing Opportunity to the general public. The construction
sign shall comply with applicable County codes.
H. TERMINATION
In event of termination for any of the reasons identified in sub - sections 1 -3 as follows, 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 HHVS 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. (See 24 CFR 85.43.)
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. (See 24 CFR 85.44.)
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.
I. INSURANCE
SUBRECIPIENT shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit
"B" to this Agreement.
J. SUBRECIPIENT LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit "B" shall not relieve the
SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of this
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contract. The contract is contingent upon receipt of the insurance documents within fifteen (15)
calendar days after the Board of County Commissioners' approval. If the Insurance certificate is
received within the specified period, but not in the manner prescribed in these requirements, the
SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5)
calendar days to submit a corrected Certificate to the County.
If the SUBRECIPIENT fails to submit the required insurance documents in the manner
prescribed in these requirements within. twenty (20) calendar days after the Board of County
Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of the
contract.
K. INDEPENDENT AGENT AND EMPLOYEES
The SUBRECIPIENT agrees that 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 law
applicable to County employees relative to employments, hours of work, rates of compensation, leave,
unemployment and employee benefits.
VII. ADMINISTRATIVE .REQUIREMENTS
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 RECORDKEEPING
The SUBRECIPIENT shall maintain all records required by CDBG.
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 HHVS. Upon completion of all work
contemplated under this Agreement copies of all documents and records relating to this
Agreement shall be surrendered to HHVS if requested. In any event the
SUBRECIPIENT shall keep all documents and records for six (6) 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).
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4. The SUBRECIPIENT shall submit detailed monthly progress reports to HHVS
outlining the status of specific activities under the project. Each report must account for
the total activity for which the SUBRECIPIENT is paid 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 "D," Schedule "D -2."
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.
6. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost
allocation plan for determining the appropriate SUBRECIPIENT'S share of
administrative costs and shall submit such plan to the COUNTY for approval, in a form
specified by the COUNTY.
7. Failure to adequately maintain any former CDBG funded project may result in the delay
of processing reimbursement requests for ongoing activities or in the forfeiture of future
CDBG funds.
8. The SUBRECIPIENT will be responsible for the creation and maintenance of income
eligible files on clients served and documentation that all households are eligible under
HUD Income Guidelines.
9. The SUBRECIPIENT further agrees that HHVS shall be the final arbiter on the
SUBRECIPIENT's compliance with the above.
C. 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.
The SUBRECIPIENT agrees that HHVS will carry out periodic monitoring and evaluation activities as
determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations.
The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required
by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports
required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site.
Such site visits may be scheduled or unscheduled as determined by HHVS or HUD.
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D. ADDITIONAL HOUSING, _HUMAN AND VETERAN SERVICES. COUNTY. AND
HUD REQUIREMENTS
The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available for specified activities.
E. WRITTEN APPROVALS
(1) All subcontracts and agreements proposed to be entered into by the
SUBRECIPIENT pursuant to this Agreement;
(2) All capital equipment expenditures of $1,000 or more;
(3) All out -of -town travel (travel shall be reimbursed in accordance with Chapter
112, Fla. Stat. unless otherwise required by CDBG);
(4) All change orders;
(5) All requests to utilize uncommitted funds after the expiration of this agreement
for programs described in Exhibit "A "; and
(6) All rates of pay and pay increases paid out of CDBG funds, whether for merit or
cost of living.
F. 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.
G. AUDITS AND INSPECTIONS
Non - profit organizations that expend $500,000 or more annually in federal
awards shall have a single or program- specific audit conducted for that year in
accordance with OMB A -133. Non -profit organizations expending federal
awards of $500,000 or more under only one federal program may elect to have a
program - specific audit performed in accordance with OMB A -133.
2. Non - profit organizations that expend less than $500,000 annually in federal
awards shall be exempt from an audit conducted in accordance with OMB A-
133, although their records must be available for review (e.g., inspections,
evaluations). These agencies are required by IIIIVS to submit "Reduced Scope "'
audits (e.g., financial audit, performance audits). They may choose, instead of a
Reduced Scope Audit, to have a program audit conducted for each federal award
in accordance with federal laws and regulations governing the program in which
they participate.
3. When the requirements of OMB A -133 apply, or when the SUBRECIPIENT
elects to comply with OMB A -133, an audit shall be conducted for each fiscal
year for which federal awards attributable to this contract have been received by
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the SUBRECIPIENT. A copy of the audit report must be received by HHVS no
later than six months following the end of the SUBRECIPIENT's fiscal year.
4. If an audit is required by Section G of this contract, but the requirements of
OMB A -133 do not apply or are not elected, the SUBRECIPIENT may choose
to have an audit performed either on the basis of the SUBRECIPIENT's fiscal
year or on the basis of the period during which HHVS - federal assistance has
been received. In either case, each audit shall cover a time period of not more
than twelve months and an audit shall be submitted covering each assisted
period until all the assistance received from this contract has been reported.
Each audit shall adhere to all other audit standards of OMB A -133, as these may
be limited to cover only those services undertaken pursuant to the terms of this
contract. A copy of the audit report must be received by HHVS no later than six
months following each audit period.
5. The SUBRECIPIENT shall maintain all contract records in accordance with
generally accepted accounting principles, procedures, and practices which shall
sufficiently and properly reflect all revenues and expenditures of funds provided
directly or indirectly by the County pursuant to the terms of this Agreement.
6. The SUBRECIPIENT shall include in all HHVS approved subcontracts each of
the recordkeeping and audit requirements detailed in this contract.
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 HHVS. 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 HHVS, and said plan shalt require the prior written
approval of HHVS or its designee. Accounting and disbursement of such income shall comply with
OMB Circular A -I 10 (Uniform Administrative Requirement for Federal Grants) and other- applicable
regulations incorporated herein by reference.
Program Income, as defined by 24 CFR 570.500(a), may be retained by the COUNTY.
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 received by
the SUBRECIPIENT or its sub - contractors shall be returned to the COUNTY unless the
SUBRECIPIENT requests and is authorized by HHVS to utilize uncommitted funds.
I. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to: making final
payments, disposing of program assets (including the return of all unused materials; equipment,
unspent cash advances, program income balances, and receivable accounts to the COUNTY), and
determining the custodianship of records.
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VIII. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the performance of this Agreement on the
basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of
evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower- income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of
the Housing and Community Development Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services, 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 under this Agreement must reside in unincorporated Collier County or in
municipalities participating in the County's Urban County Qualification Program_ The project shall
assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement.
D. 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 manxier 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 HHVS provided, however, that this
paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory
requirement that maximum opportunity be provided for employment of and participation of low and
moderate- income residents of the project target area.
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E. PUBLIC ENTITY CRIMES
As provided in § 287.133, Fla, Stat. 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 perforn-i hereunder, have not been placed on the convicted vendor list maintained
by the State of Florida Department of Management Services within the 36 months immediately
preceding the date hereof. This notice is required by § 287.13' 3 (3)(a), Fla. Stat.
F. DRUG -FREE WORKPLACE REQUIREMENTS
The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with
the Drug -Free Workplace Act of 1988 (41 USC 701).
G. 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,
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 sub - awards at all tiers (including subcontracts, sub - grants,
contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
H. 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 CDBG including, but not limited to, the provisions on use and disposition of property.
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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.
IX. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
The SUBRECIPIENT agrees to comply with the following requirements:
1. Clean Air Act, 41 USC 7401, et seq.
2. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4002), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as
having special flood hazards, flood insurance under the National Flood Insurance Program is obtained
and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA,
which would satisfy this requirement and /or reduce the cost of said flood insurance.
C. LEAD -BASED PAINTT
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 Poisonina
Prevention Act found at 24 CFR 570.608.
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 USC 470) and the procedures set forth
in 36 CFR 800, Advisory Council on Historic Preservation Procedures for Protection of Historical
Properties.
X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religious
organizations. Section 24 CFR 5702006) specifies the limitations on CDBG funds.
Xi. 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 will be covered by the retulations 24 CFR
570.503(13)(8).
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XII. SEVERABILITV
t
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty -eight (28) 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.
XIV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties 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.
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IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on this _ a& day of
h-,- -- , 20 /0.
ATTEST:
DWIGHT E. BROCK, CLERK
Dated
First Witness
Type /print witness name
Second Witness
Type /print witness name
BOARD OF COUNTY COMMISSIONERS OF
COLLIER�CODNTY, FLORIDA r
t
FRED W. COYLE, CHAIRMAN
Collier County Community Redevelopment Agen(
(CRA) Imrn,okalee
By
Subrecipient Signature
Pennv'S. Phillippi. Executive Director
Type /print Subrecipient name and title
Approved as to form and legal sufficiency:
r j
Colleen M. Greene
Assistant County Attorney
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EXHIBIT "A"
SCOPE OF SERVICES
COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY (CRA) IMMOKALEE
JOB CREATION — BUSINESS INCUBATOR PROJECT
A. PROJECT SCOPE:
On April 27`', 2010 the BCC approved the HUD Action Plan allocating funding for this
initiative. Community Development Block Grant (CDBG) funding will be used for the start up
and two year operational costs for the Immokalee Business Development Center (IBDC). This
follows approval of the Interlocal Agreement for the Immokalee Business Development Center
between Collier County Airport Authority and the Collier County Community Redevelopment
Agency (CRA) at the BCC meeting on March 9, 2010. The IBDC is a joint proiect between
the CRA and the Collier County Airport Authority Board (CCAA) to use existing buildings at
the Immokalee Airport (IMM) by establishing a business development center.
Funds will be used to pay 100oio salary and benefits in accordance with BCC board policy for
the manager of IBDC and an administrative assistant who are Collier County employees.
Funds will also be used for normal start -up expenses in the following categories: office
equipment and supplies, office operating expenses, office furnishings, professional and
marketing fees or expenses. Operational and maintenance and /or lease charges associated with
vehicles for the director or administrative assistant will be covered.
In the Action Plan for this program the intended outcome of this funding is to create a
minimum of 5 low, /moderate positions and the above noted funds are utilized to reach this goal.
It is important to clarify the 5 positions are an outcome of the businesses occupying the IBDC
this funding is helping to establish. When the CRA establishes the firms, they will then hire
people to work for them in various capacities.
The project activities will meet the U.S. Department of Housing and Urban Development's
national objective to improve economic opportunities for low income persons.
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C.
0
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BUDGET
Collier County Housing, Human and Veteran Services is providing Two Hundred and Twelve
Thousand Dollars ($212,000.00) in CDBG funding for the project scope described above.
Line Item Description CDBG Funds
Start Up and Operation of
Immokalee Business Development
Center $ 212,000.00
TOTAL $212,000.00
Any modifications to this contract shall be in compliance with the County Purchasing Policy
and Administrative Procedures in effect at the time such modifications are authorized.
PROJECT WORK PLAN
The following Project Work Plan is in effect for program monitoring requirements only and as
such, is not to be used as a payment schedule.
Date Start
Date End
Work Plan
07/2010
12/2010
Hire Administrative Assistant
07/2010 ! 03/2011
Establish office functions
07/2010
04/2011
Hire Manager
07/2010
06/2012
Conduct Marketing Activities
07/2010
06/201.2
Education -New Business/Entrepreneurs
07/2010
06/2012 Secure Tenants
12/2010 06/2012 Demonstrate creation of 5 jobs
PAYMENT SCHEDULE
The following table details the project deliverables and payment schedule.
Deliverable Payment Schedule
Start Up and Operation of Immokalee ! Upon monthly invoicing of allowable
Business Development Center expenses up to $190.800
LMI Jobs filled Upon invoice of allowable expenses and
verification of 5 filled positions release final
payment of up to $21,200
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EXHIBIT "A -1"
CHANGE BY LETTER
COLLIER COUNTY GOVERNMENT
c;oluer Lounty Housing, Human and Veteran Services
Public Services Division
Date
Contact Name
Name of Firm
Address
RE: Zero Dollar Contract Change Notification
Re: Contract # and Title of Contract
Project #
Purchase Order #
Dear Contact Name:
11/13/2012 Item 16.D.4.
User Name
Ad d ress
NAPLES, FLORIDA Zip code
PHONE: (239) Phone #
FAX (239) Fax #
By copy of this letter; the above referenced contract is being issued a zero dollar ($0.00) change as indicated below:
1— The above referenced contract time is hereby extended by Number of days calendar days. The new completion date
shall be on or before month and date, Year.
By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and
satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all lecal rights,
including, but not limited to, rights to terminate, suspend or elect any other appropriate courses) of action should
circumstances warrant with regard to the referenced contract.
7M
Additional Staffing Categories Professional Position(s) Hourly Rate(s)
Draw against Allowance (specify allowance item and identify specific items and quantities)
r Other: Scope Clarifications as indentified in Schedule B -1, "Clarifications in Scope ", (attached ).
Sincerely,
Your name
Title
cc: Contract Specialist Name Contract Specialist, Purchasing Department
Suzanne Boothby, Clerk's Grants Department
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EXHIBIT "B"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran
Services Department, 3301 E. Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s)
of Insurance evidencing insurance coverage that meets the requirements as outlined below:
Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Public Liability Insurance on a comprehensive basis in an amount no less than $300,000
per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an
additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used
in connection with this contract in an amount not less than $300,000 per occurrence for combined
Bodily Injury and Property Damage.
DESIGN STAGE (1F APPLICABLE)
In addition to the insurance required in I - 3 above, a Certificate of Insurance must be provided
as follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed
design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per
occurrence providing for all sums which the SUBRECIPIENT and/or the design professional shall
become legally obligated to pay as damages from claims arising out of the services performed by the
SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract.
This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is
issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in I — 4 above, the SUBRECIPEINT shall provide or
cause its Subcontractors to provide original policies indicating the following types of insurance
coverage prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less
than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy
shall be in the name of Collier County and the SUBRECIPIENT.
6. Flood Insurance shall be provided for those properties found to be within a flood hazard
zone, in an amount not less than the full replace values of the completed structure(s) or the maximum
amount of coverage available through the National Flood Insurance Program (NFIP), whichever is
greater. The policy will show Collier County- as a Loss Payee A.T.I.M.A. This policy will be provided
as such time that he buildings' walls and roof exist,
OPERATION/IVIANAGEMENT PHASE (IF APPLICABLE)
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After the Construction Phase is completed and occupancy begins, the following insurance must
be kept in force throughout the duration of the loan and/or Contract:
7. Public Liability coverage in an amount not less than $1,000,000 per occurrence for
combined Bodily Injury and Property damage. Collier County must be shown as an additional insured
with respect to this coverage.
8. Property Insurance coverage on an "All Risk" basis in an amount not less than one
hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss
payee with respect to this coverage A.T.I.M.A.
9. Flood Insurance coverage for those properties found to be within a flood hazard zone
for the full replacement values of the structure(s) or the maximum amount of coverage available
through the National Flood Insurance Program (NFIP). The policy must show Collier County as a
Loss Payee A.T.I.M.A.
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EXHIBIT "C"
ADDITIONAL CDBG GRANT REQUIREMENTS
Enter additional requirements here, IF NONE EXIST, state "There are no additional ;rant
requirements."
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EXHIBIT "D"
REQUIRED SUBMITTALS
D -1 Request for Payment
D -la Release and Affidavit Form
D -2 CDBG Monthly Progress Report
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SCHEDULE "D -1"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Collier County Community Redevelopment Agency- Immokalee (CRA)
Subrecipient Address: 3 10 Alachua Street Immokalee FL 34142
Project Name: Job Creation - Business Incubator Project
Project No: CD 10-06 Payment Request 9
Dollar Amount Requested:
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
2. Sum of Past Claims Paid on this Account
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
5. Amount of Today's Request
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests)
$
$
$
$
212,000.00
I certify that this request for payment has been drawn in accordance with the terms and
conditions of the Agreement between the COUNTS' and us, as the SUBRECIPIENT. I also certify that
the amount of the Request for Payment is not in excess of current needs.
Signature
Title
Authorizing Grant Coordinator
S upery
Dept Director
2010 CDBG WD 10-06)
Irnmokalee CRA
Job Creation - Business Incubator
Date
(approval authority under $14.999)
(approval required $15,000 and above)
Page 24 of 28
Packet Page -2231-
11/13/2012 Item 16.D.4.
SCHEDULE "D -la"
RELEASE AND AFFIDAVIT FORM
The SUBRECIPIENT certifies for itself and its subcontractors, material -men, successors and
assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which
COUNTY might be sued or for which a lien or a demand against any payment bond might be filed,
have been satisfied and paid.
This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final)
Request for Payment.
SUBRECIPIENT
Witness: BY:
BY: ITS:
DATE:
Print name and title
STATE OF
COUNTY OF
President
The foregoing instrument was acknowledged before me this day of
2009, by as _ of
A Choose Not - For - Profit, or Corporation or Municipality on behalf of
Choose Not - For - Profit, Corporation or Municipality . He /She is personally known to me OR has
produced _ as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
2010 CDBC (CD 10-06)
Immokalee CRA
.lob Creation- Business Incubator Page 25 of 28
Packet Page -2232-
11/13/2012 Item 16.D.4.
SCHEDULE "D -2"
CDBG MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing, Human Veteran Service's staff by the
16`h of the following month.
Status Report for Month of
Submittal Date:
Project Name Economic Development Job Creation - Business Incubator Proiect
Project Number
CD 10- 06
Activity Number 379
Subrecipient: Collier County Community Redevelopment Agencv- Immokalee (CRA)
Contact Person Penny S. Phillip-pi, Executive Director
Telephone: 239- 252 -2310 Fax: 239 -252 -3970
E-mail: peiln\- I'll1:i-Iorl'41 :'01 I I or2m%1 Qt
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. Identify any potential issues that may cause delay.
New contracts executed this month (if applicable):
2010 CDBG (CD 10-06)
lmmokalee CRA
Job Creation- Business Incubator Page 26 of 28
Packet Page -2233-
11/13/2012 Item 16.D.4.
Name of Contractor or
Subcontractor, Address & Phone
Number
Amount of
Contract
Contractor
Federal Ill
Number
i Race j Ethnicity
j (see definitions (see definitions
1 on following on following
a a
P s e
te) page)
i P b )
Extremely
Very Law Income Female Head of
Households or
Low Income
I
Persons Assisted
(0 -30roo, )
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 1
BOX 2
BOX 3 BOX 4 BOX 5
Total Number of
Extremely
Very Law Income Female Head of
Households or
Low Income
Low Income (51 -80 %) Household
Persons Assisted
(0 -30roo, )
o
(31 -50%)
2010 CDBG (CD 10-06)
Immokalee CRA
Job Creation - Business Incubator Page 27 of 28
Packet Page -2234-
11113/2012 Item 16.D.4.
Subrecipient's must indicate total beneficiaries for Race AND Ethnicity
Definitions of Race:
White: A person having origins in any of the original peoples of Europe, the Middle East, or North
Africa.
Black or African - American: A person having origins in any of the black racial groups of Africa.
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.
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.
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:
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:
2010 CDBG (CD 10-06)
lmmokalee CPA
Job Creation - Business Incubator Page 28 of 28
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11/13/2012 Item 16.D.4.
Amendment No. 1 to the Agreement
Between Collier County and
Collier County Community Redevelopment Agency (CRA) Immokalee
Job Creation — Business Incubator Project
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # B- 10 -UC -12 -0016
THIS AMENDMENT, dated 2 J 9j"t , 2011 to the above - referenced Agreement shall
be by and between the parties to the original AgreihienL, llier County Community Redevelopment Agency
(CRA) Immokalee" a public entity created by Collier County pursuant to Chapter 163, Florida Statutes, having its
principal office at 310 Alachua Street, Immokalee, FL 34142, and its Federal Tax Identification number as 59-
6000558 & DUNS #, 076997790, ( "SUBRECIPIENT ").
RE: HUD Grant - B -I O -UC -12 -0016; IDIS #379, CDBG Job Creation — Business Incubator Project, Catalog of
Federal Domestic Assistance # 14.218
The following change to the above referenced Agreement has been mutually agreed to by the Subrecipient and the
County. The additions to the existing language in the Agreement are shown herein by underlining: deletions from
the Agreement are shown by s kfe
N. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs,
determined by COUNTY, in an amount not to exceed EIGHT TWO HUNDRED AND TWELVE
THOUSAND DOLLARS AND NO CENTS (U. S. $96 212,000.00) for the services described in Exhibit "A."
EXHIBIT "A"
SCOPE OF SERVICES
COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY (CRA) IMMOKALEE
JOB CREATION — BUSINESS INCUBATOR PROJECT
Funds will be used to pay 100% salary, aftd benefits, and travel costs in accordance with BCC board policy
for the manager of IBDC and an administrative assistant who are Collier County employees. Funds will
also be used for normal start -up expenses in the following categories: office equipment and supplies, office
operating expenses, office furnishings, professional and marketing fees or expenses. All travel costs
associated with start up of the IBDC• mileage lodging meals etc Operational and maintenance and/or
lease charges associated with vehicles for the director or administrative assistant will be covered.
Amendment No. I CDI0 -06
Community Redevelopment Agency (CRA) Immokalee
Job Creation — Business Incubator Project
Page 1
Packet Page -2236-
Em
11/13/2012 Item 16.D.4.
The Subrecipient agrees that this amends the original Agreement. All other terms and conditions of the Agreement
shall remain in force.
IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY have signed Amendment No. 1 to the
Agreement as of the date first written above.
ATTEST:
Dwight E. Br of Courts
By:
Attt3E is :. uty
s
First Witness
Type /print w' ess name
Approved as to form and legal sufficiency:
Jennifer B. WKte
Assistant County Attorney
iendment No. 1 CD 10 -06
mmunity Redevelopment Agency (CRA) Immokalee
Job Creation — Business Incubator Project
Page 2
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAI AN
Collier County Community Redevelopment
Agency (CRA) - Immokalee
By:
ecipient Signature
Jim Coletta, Chairman
Type /print Subrecipient name and title
Packet Page -2237-