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Agenda 05/24/2011 Item #16B55/24/2011 Item 16.13.5. EXECUTIVE SUMMARY Recommendation to approve a budget amendment authorizing the Community Redevelopment Agency (CRA) to reallocate $1,117,939.01 within the previously approved Community Development Block Grant (CDBG) Disaster Recovery Initiative (DRI) funded grant budget for the Downtown Immokalee Stormwater Improvements project. These funds will be deducted from the Land Capital Outlay line item and added to the Other Contractual Services line item and will result in a zero increase or decrease in the overall project budget. OBJECTIVE: To obtain approval of a budget amendment authorizing the reallocation of $1,117,939.01 in funding within the previously approved CDBG /DRI funded grant budget for the Downtown Immokalee Stormwater Improvements project. These funds will be deducted from the Land Capital Outlay line item and added to the Other Contractual Services line item and will result in a zero increase or decrease in the overall project budget. CONSIDERATIONS: On May 25, 2010, the BCC accepted a federally- funded DR[ Agreement with the Florida Department of Community Affairs (DCA). Several hurricane hardening projects were established for funding under the Agreement. On September 14, 2010 the BCC approved Sub - Recipient Agreement #10DB- D4- 09- 21- 01 -K09 between Collier County and the CRA to fund the Downtown Immokalee Stormwater Improvement Project in the amount of $3,533,124.00. Of this total budget, $1,600,000.00 was allocated to land acquisition and $1,933,124.00 was allocated to flood and drainage improvements as outlined in the executed Agreement. The Immokalee CRA has completed the land acquisition portion of the project using funds far below the originally anticipated dollar amount. The land acquisition phase of the project was completed for a total cost of $482,060.99. The balance of these acquisition funds ($1,117,939.01) will be added to the flood and drainage activity of the Immokalee CRA project. On April 26, 2011, Agenda Item #16D2, the BCC approved Contract Amendment #1 between the BCC and the CRA and a modification to DR[ Agreement #10DB- D4- 09- 21- 01 -K09 between the Florida Department of Community Affairs and Collier County to reallocate portions of the funds among and within the Downtown Immokalee Stormwater Improvements project as follows: Immokalee CRA Project Activities Original Budget reallocation Revised Budget Land Acquisition $1,600,000.00 $1,117,939.01 $482,060.99 Flood and Drainage $1,933,124.00 $1,117,939.01 $3,051,063.01 Project Delivery $176,656.20 0 $176,656.20 Total $3,709.780.20 0 $3,709,780.20 Packet Page -1098- 5/24/2011 Item 16.6.5. FISCAL IMPACT: Upon approval of this Budget Amendment, a budget reallocation will occur in Fund 715 - 138315 in the amount of $1,117,939.01. This funding will be deducted from the Land Capital Outlay budget line item (account #761100) and added to the Other Contractual Services budget line item (account #634999). This action will result in a zero increase or decrease in the overall project budget. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. - CMG GROWTH MANAGEMENT IMPACT: This project furthers the programs and projects within the budgetary and policy guidance and directives of the Community Redevelopment Agency and the Board of County Commissioners in furtherance of Policy 4.2 of the Future Land Use Element of the Growth Management Plan which reads as follows: "The Immokalee Area Master Plan addresses conservation, future land use, population, recreation, transportation, housing, and the local economy. Major purposes of the Master Plan are coordination of land uses and transportation planning, redevelopment or renewal of blighted areas, and the promotion of economic development." RECOMMENDATION: That the Board of County Commissioners approves a budget amendment authorizing the Immokalee Community Redevelopment Agency (CRA) to reallocate $1,117,939.01 within the previously approved Community Development Block Grant (CDBG) Disaster Recovery Initiative (DRI) funded grant budget for the Downtown Immokalee Stormwater Improvements project. These funds will be deducted from the Land Capital Outlay budget line item and added to the Other Contractual Services budget line item and will result in a zero increase or decrease in the overall project budget. Prepared By: Bradley Muckel, Project Manager, CRA - Immokalee Attachments: Original Agreement, Signed Agreement Amendment, Signed Packet Page -1099- COLLIER COUNTY Board of County Commissioners Item Number: 16.13.5. 5/24/2011 Item 16.6.5. Item Summary: Recommendation to approve a budget amendment authorizing the Community Redevelopment Agency (CRA) to reallocate $1,117,939.01 within the previously approved Community Development Block Grant (CDBG) Disaster Recovery Initiative (DRI) funded grant budget for the Downtown Immokalee Stormwater Improvements project. These funds will be deducted from the Land Capital Outlay line item and added to the Other Contractual Services line item and will result in a zero increase or decrease in the overall project budget. Meeting Date: 5/24/2011 Prepared By Name: MuckelBradley Title: Project Manager, 5/12/20113:04:37 PM Submitted by Title: Project Manager, Name: MuckelBradley 5/12/20113:04:39 PM Approved By Name: PhillippiPenny Title: Executive Director, Immokalee CRA, Date: 5/13/2011 10:07:39 AM Name: FoordMarlene Title: Grant Development & Mgmt Coordinator, Grants Date: 5/13/2011 3:00:38 PM Name: GreeneColleen Title: Assistant County Attomey,County Attorney Date: 5/17/20114:21:39 PM Packet Page -1100- Name: KlatzkowJeff Title: County Attorney, Date: 5/17/20114:24:54 PM Name: IsacksonMark 5/24/2011 Item 16.6.5. Title: Director -Corp Financial and Mgmt Svs,CMO Date: 5/18/20118:36:53 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 5/18/2011 8:44:42 AM Packet Page -1101- 5/24/2011 Item 16.8.5. AGREEMENT BETWEEN COLLIER COUNTY AND IMMOKALEE AREA COMMUNITY REDEVELOPMENT AGENCY (CRA) Downtown Immokalee Stormwater Improvements Catalog of Federal Domestic Assistance # 14.228 Emergency Rule 9BER09 -2 CDBG/DRI Contract # 10- DB- D4- 09- 21- 01 -K09 THIS AGREEMENT is made one June 22, 2010 and entered into by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY "), and the "Immokalee Area Community Redevelopment Agency (CRA)" a Community Redevelopment Agency approved by the Board of Collier County Commissioners, having its principal office at 310 Alachua Street Immokalee, FL 34142, and its Federal Tax Identification number as 59- 6000558, ( "SUBRECIPIENT "). WHEREAS, the COUNTY has entered into an agreement with the Florida Department of Community Affairs (DCA) for a grant for the execution and implementation of a Community Development Block Grant/Disaster Recovery Initiative 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 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 Board of County Commissioners of Collier County approved the Collier County Agreement with the Florida Department of Community Affairs for $9,963,208 in Community Development Block Grant Disaster Recovery Initiative funds (DRI), relating to the 2008 Hurricane Season on May 25, 2010. 2008 CDBG/ DRI Project 42008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 1 of 26 Packet Page -1102- 5/24/2011 Item 16.13.5. 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/DRI Program as a valid and worthwhile County purpose. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (A) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (B) "CDBG" means the Community Development Block Grant Program, (24 CFR Part 570). (C) "HHVS" means Collier County Department of Housing, Human and Veterans Services. (D) "HHVS's Approval" means the written approval of the Department of Housing, Human and Veteran Services or designee. (E) " SUBRECIPIENT" means Immokalee Community Redevelopment Agency. (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." (I) "DRI" means Disaster Recovery Initiative Program (J) "DCA" means The Florida Department of Community Affairs II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHVS, perform the tasks necessary to conduct the program outlined in Exhibit "A." M. TIME OF PERFORMANCE June 22, 2010 is the effective date of DCA Agreement #10- DB- D4- 09- 2101 -K09 with Collier. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of DCA Agreement #10- DB- D4 -09- 2101 -K09. 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 date to June 21, 2012. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. IV. CONSIDERATION AND LIMITATION OF COSTS 2008 CDBG/ DRI Project 42008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 2 of 26 Packet Page -1103- 5/24/2011 Item 16.6.5. The SUBRECIPIENT shall be reimbursed by the COUNTY using CDBG/DRI funding for allowable costs, determined by COUNTY, in an amount not to exceed Three Million, Five Hundred Thirty Three Thousand, One Hundred Twenty Four Dollars ($3,533,124.00) 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. 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 HHVS 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 2008 CDBG/ DRI Project 42008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 3 of 26 Packet Page -1104- 5/24/2011 Item 16.6.5. 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. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Title VI of the 1984 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 135.1 l(c)). 13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 2008 CDBG/ DRI Project #2008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 4 of 26 Packet Page -1105- 5/24/2011 Item 16.6.5. 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. 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 2008 CDBG/ DRI Project ##2008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 5 of 26 Packet Page -1106- 5/24/2011 Item 16.6.5. 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 party may obtain a court order requiring mediation under § 44.102, Fla. Stat. 26. Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135 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. 2008 CDBG/ DRI Project #2008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 6 of 26 Packet Page -1107- 5/24/2011 Item 16.6.5. 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 HHVS' support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for 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. 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) 2008 CDBG/ DRI Project #2008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 7 of 26 Packet Page -1108- 5/24/2011 Item 16.8.5. 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. 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 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. 2008 CDBG/ DRI Project 42008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 8 of 26 Packet Page -1109- 5/24/2011 Item 16.13.5. VII. ADMIMSTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A —I 10 (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 1. 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). 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." 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. 2008 CDBG/ DRI Project #2008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 9 of 26 Packet Page -1110- 5/24/2011 Item 16.13.5. 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. 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. PRIOR WRITTEN APPROVALS (1) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (2) A11 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; 2008 CDBG/ DRI Project #2008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 10 of 26 Packet Page -1111- 5/24/2011 Item 16.6.5. (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 1. 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 HHVS 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 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. 2008 CDBG/ DRI Project #2008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 11 of 26 Packet Page -1112- 5/24/2011 Item 16.6.5. 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 shall require the prior written approval of HHVS or its 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. 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. 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 2008 CDBG/ DRI Project #2008 -03 Collier County Community Redevelopment Agency - lmmokalee Downtown Immokalee Stormwater Improvements Page 12 of 26 Packet Page -1113- 5/24/2011 Item 16.6.5. awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1468. 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 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 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. 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 perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3)(a), Fla. Stat. 2008 CDBG/ DRI Project 42008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 13 of 26 Packet Page -1114- 5/24/2011 Item 16.6.5. 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. 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. 2008 CDBG/ DRI Project #2008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 14 of 26 Packet Page -1115- 5/24/2011 Item 16.13.5. 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 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 Poisoning 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 570.2000) 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 regulations 24 CFR 570.503(B)(8). XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. XIH. 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 2008 CDBG/ DRI Project 92008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 15 of 26 Packet Page -1116- 5/24/2011 Item 16.6.5. 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 constitute 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. 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 September 14, 2010. ATTEST BOARD OF COUNTY COMMISSIO RS OF DWIGHT 14,131 �"J bl`CLERK COLLIER COUNTY, FLORIDA �.�'% _ Attest '4t Wry I First Witness ��L��»A�'�, F, Wi e s t+GbF ��- Type/print witness name 2008 CDBG/ DRI Project #2008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements FRED W. COYLE, Collier County Community Redevelopment Agency - Immokalee -�L' I C;� 0-- Donna Flala, Chairman Collier County Community Redevelopment Agency Approved as to form and legal sufficiency: Jennifer ite Assistant County Attorney Page 16 of 26 Packet Page -1117- 5/24/2011 Item 16.6.5. EXHIBIT "A" SCOPE OF SERVICES Collier County Immokalee Area Community Redevelopment Agency (CRA) Flood and Drainage Project A. PROJECT SCOPE: On May 25, 2010 the Board of Commissioners approved Disaster Recovery Grant Agreement #IODB- D4- 09- 21- 01 -KO9 with the Florida Department of Community Affairs. Details of this scope of work are consistent with and support certain details of that agreement. On June 9, 2009, the Board of County Commissioners approved the Immokalee Stormwater Management Master Plan. CDBG -DRI funding will be used to develop a stormwater pond site and to improve the drainage system within the Immokalee urban development area. The Immokalee Area CRA project will purchase a minimum of five (5) acres of vacant land to develop a stormwater pond site. The land to be purchased may consist of a single site or multiple sites. Additionally, the Immokalee Area CRA will undertake a flood and drainage improvement project to result in the installation of a minimum of 13,625 linear feet of pipes, swales, culverts, associated materials and related site restoration activities. The project will be further defined in the construction agreement that will be subsequently approved by the Board of County Commissioners. The detailed project scope will be contained in the bid specifications of the vendor awarded the project's construction contract. The project construction contract will include details sufficient to document the number, amount, and costs associated with all activities. The project activities will meet the U.S. Department of Housing and Urban Development's national objective to benefit low and moderate income areas. B. BUDGET Collier County Housing, Human and Veteran Services is providing Three Million Five Hundred Thirty Three Thousand One Hundred Twenty Four Dollars and 00 /100 ($3,533,124) in CDBG -DRI funding for the project scope described above. Line Item Description Amount of CDBG -DRI Funds Land Acquisition $1,600,000.00 Flood and Drainage Improvement $1,933,124.00 TOTAL $3,533,124.00 2008 CDBG/ DRI Project #2008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 17 of 26 Packet Page -1118- 5/24/2011 Item 16.6.5. C. PROJECT WORK PLAN The following Project Work Plan is in effect for program monitoring requirements only and, as such, is not intended to be used as a payment schedule, Date Start Date End Work Plan 07/2010 11/2010 Purchase pond site 12/2010 01/2011 Prepare bid documents 02/2011 03/2011 Procure eligible contractor(s) & conduct preconstruction conference 03/2011 04/2011 Obtain permits & contractors orders materials 05/2011 05/2012 Begin stormwater improvements & associated activities 06/2012 06/2012 Complete final inspections and project close -out The above Project Work Plan details items to be completed and submitted by "Date End ". Modifications to the above Work Plan require the approval of the Florida Department of Community Affairs and the Board of County Commissioners. A Work Plan modification will be required if the listed activity exceeds the assigned end date by 90 days or greater. Any modification(s) will be made an integral component of this Agreement. D. PAYMENT SCHEDULE The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Purchase pond site U on ac uisition Obtain permits Actual cost at permit application Flood and drainage improvements Monthly invoices per contractor's Schedule of 1 Values 2008 CDBG/ DRI Project #2008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 18 of 26 Packet Page -1119- 5/24/2011 Item 16.6.5. 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: 1. 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 (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the 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 1 — 4 above, the SUBRECIPEENT 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°/x) 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/MANAGEMENT PHASE (IF APPLICABLE) 2008 CDBG/ DRI Project #12008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 19 of 26 Packet Page -1120- 5/24/2011 Item 16.8.5. 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. 2008 CDBG/ DRI Project #2008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 20 of 26 Packet Page -1121- 5/24/2011 Item 16.6.5. EXHIBIT "C" ADDITIONAL CDBG GRANT REQUIREMENTS There are no additional grant requirements. 2008 CDBG/ DRI Project #2008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 21 of 26 Packet Page -1122- 5/24/2011 Item 16.6.5. EXHIBIT "D" REQUIRED SUBMITTALS D -1 Request for Payment D -2 CDBG Monthly Progress Report 2008 CDBG/ DRI Project #2008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 22 of 26 Packet Page -1123- 5/24/2011 Item 16.6.5. SCHEDULE "D -1" COLLIER COUNTY HOUSING, HUMAN AND VETERANS SERVICES REQUEST FOR PAYMENT SECTION I: REOUEST FOR PAYMENT Subrecipient Name: Immokalee Area Community Redevelopment Agency Subrecipient Address: 310 Alachua Street Immokalee FL 34142 Project Name: Downtown Immokalee Stormwater Improvements Project No: DR 08 -3 Payment Request # 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) $ 3,533,124.00 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 SUBRECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Supervi Dept Director 2008 CDBG/ DRI Project 42008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Date (approval authority under $14,999) (approval required $15,000 and above) Page 23 of 26 Packet Page -1124- 5/24/2011 Item 16.6.5. SCHEDULE "D -2" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing &Human Service's staff by the 10 of the following month. Status Report for Month of Submittal Date: Project Name Downtown Immokalee Stormwater Improvements Project Number DR 08 -03 Activity Number Subrecipient: Immokalee Area Community Redevelopment Agency Contact Person Penny S. Phillippi Telephone: ,(239) 252 -2310 Fax: (23 9) 252 -3970 E -mail: pennyphillippi(a�collierizov.net 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. Identify any potential issues that may cause delay. New contracts executed this month (if applicable): 2008 CDBG/ DRI Project #2008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 24 of 26 Packet Page -1125- 5/24/2011 Item 16.13.5. Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on following page) Ethnicity (see definitions on following page) 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 "S " below. BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51 -80 %) Household Persons Assisted 0 -30% o ( ) (31 -50 /o) 2008 CDBG/ DRI Project #2008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee 5tormwater Improvements Page 25 of 26 Packet Page -1126- 5/24/2011 Item 16.6.5. Subreciaient'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 :;: �:• _ - -: �e iii Ei�r's is White ANNE 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: iiaii � i, kr�iEi 'je3aer.�3tii :nCi1 .t.. «.1:3 2008 CDBG/ DRI Project 42008 -03 Collier County Community Redevelopment Agency - Immokalee Downtown Immokalee Stormwater Improvements Page 26 of 26 Packet Page -1127- 5/24/2011 Item 16.6.5. EXHIBIT A -1 Contract Amendment #1 Collier County Immokalee Area Community Redevelopment Ag::ncy (CRA) DRI/CDBG 2008 This amendment, dated A 1%i- i � � {e , 20 11 to the referenced agreement shall be by and between the parties to the original Agreement, the Collier County Immokalee Area Community Redevelopment Agency, (to be referred to as Subrecipient) and Collier County, Florida, (to be refer -A to as "COUNTY"). RE: Contract # l ODB-D4-09-2 1 -01 -K09 # 14.228 Emergency Rule 9BER 09 -2 "Collier County Immokalee Area Community Redevelopment Agency (CRAY" DRUCDBG- Flood and Drainage Project EXHIBIT "A" SCOPE OF SERVICES Collier County Immokalee Area Community Redevelopment.�gency (CRA) Flood and Drainage Project THE SUBRECIPIENT AGREES TO: A. PROJECT SCOPE: On May 25, 2010 the Board of Commissioners approved Disaster R: cavery Grant Agreement #IODB- D4- 09- 21- 01 -K09 with the Florida Department of Community Affairs. Details of this scope of work are consistent with and support certain details of that agreement. On June 9, 2009, the Board of County Commissioners approved the Immokalee Stormwater Management Master Plan. CDBG -DRI funding will be used to develop a stormwater pond site and to improve the drainage system within the Immokalee urban development area. The Immokalee Area CRA project will purchase a minimum of five (5) acres of vacant land to develop a stormwater pond site. The land to be purchased may consist of a single site or multiple sites. Additionally, the Immokalee Area CRA will undertake, a flood and drainage improvement project to result in the installation of a minimum of 13,625 linear feet of pipes, swales, culverts, associated materials and related site restoration activies. The "project will be further defined in the construction agreement that will be subsequent) approved by the Board of County Commissioners. CDBG/DRI 2008 Collier County Immokalee Area Community Redevelopment Agency Contract Amendment #1 Page 1 of 3 Packet Page -1128- 5/24/2011 Item 16.6.5. The detailed project scope will be contained in the bid specifications of the vendor awarded the project's construction contract. The project construction contract will .include details sufficient to document the number, amount, and costs associated with all activtt s.. The project activities will meet the U.S. Department of Housing and d ban Development's national objective to benefit low and moderate income families. B. BUDGET Collier County Housing, Human and Veteran Services is providing Three Million Five Hundred 'Thirty Three Thousand One Hundred Twenty Four Dollars, end'00/100 ($3,533,124) in CDBG -DRI funding for the project scope described above. Line Item Description Amount of C$IDRI Work Plan Funds,., Land Acquisition $1,600,000.00492a:060.99 Flood and Drainage Improvement $1,933,124,903..051.063.01 TOTAL $3,533,124.00.. C. PROJECT WORK PLAN The following Project Work Plan is in effect for program monitoring r9quirements only and, as such, is not intended to be used as a payment schedule, Date Start Date End Work Plan 07/2010 14491$12/2010 Purchase pond site "'2/2011 145/2011 Pre are bid documents /2011 03 90146/2011 Procure eligible contractor(s) & ccnduct reconstruction conference 83A28I42/2011 04k2Q44 1/2011 Obtain permits & contractors orders materials OSA20;4 6/2011 85 6/2012 Begin stormwater improvements & associated activities 06/2012 06/2012 Complete final inspections and project close -out The above Project Work Plan details items to be completed and submitted by "Date End ". Modifications to the above Work Plan require the approval of the Florida Department of Community Affairs and the Board of County Commissioners. A Work Plan modification will be required if the listed activity exceeds the assigned end date by 90 days or greater. Any modification(s) will be made an integral component of this Agreement. D. PAYMENT SCHEDULE CDBG/DRI 2008 Collier County Immokalee Area Community Redevelopment Agency Contract Amendment #1 Page 2 of 3 Packet Page -1129- 5/24/2011 Item 16.13.5. The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Purchase pond site Upon acquisition Obtain permits Actual cost at permit a lication Flood and drainage improvements Monthly invoices per contractor's Schedule of Values IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have ?ach, respectively, by an authorized person or agent, hereunder set their hands and seals on this 2 day of A G a(' L a' c. 20J1,, ATTEST;- BOARD OF COUNTY COMMISSIOIPRS OF Tl 117 fd� T.:TT. 4 First Witness COLLIER COUNTY, FLORIDA ' By: f� A,) FRED W. COYLE, P J 1 A l --L C.tk r— L L Type /print witness name S o d Witness Type /print witness name Collier County Community Redeveloarnent AaencvA 0 im Colette, Chairman y/a b�i�l Approved as to form and legal sufficiency: Jennifer . White Assistant County Attorney CDBG/DRI 2008 Collier County Immokalee Area Community Redevelopment Agency Contract Amendment #1 Page 3 of 3 Packet Page -1130- 5/24/2011 Item 16.6.5. 2011 C MI:i: 2 : 1 f 1,G_' L J STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS Contract Number: 10- DB- D4- 09- 21- 01 -K09 CFDA Number: 14.228 Rule: Emergency Rule 9BER09 -2 Community Development Block Grant Program FFY 2008 Disaster Recovery Program Agreement THIS AGREEMENT is entered into by the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department "), and Collier County Commission, 3301 E Tamiami Trail, Naples, Florida, 34112, (hereinafter referred to as the "Recipient "). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Department has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C. The Department has statutory authority to disburse the funds under this Agreement. THEREFORE, the Department and the Recipient agree to the following: (1) SCOPE OF WORK The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A, the Activity Work Plan, Attachment I of this Agreement and the Florida Small Cities Community Development Block Grant (CDBG) Application submitted by the Recipient on January 13.2010, including future amendments to this Subgrant Agreement that are agreed upon by both parties.. (2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES The Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including those identified in Attachment B. (3) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties, and shall end twenty-four (24) months after the last signed date, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. Contract extensions will not be granted unless Recipient is able to provide substantial justification and the Division Director approves such extension. Contract Revised: 4/6/2010 Packet Page -1131- 1 5/24/2011 Item 16.6.5. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal OMB Circular No. A -102, "Common Rule: Uniform Administrative Requirements for State and Local Governments" or OMB Circular No. A -110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A -87, "Cost Principles for State and Local Governments," OMB Circular No. A -21, "Cost Principles for Educational Institutions," or OMB Circular No. A -122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for- profit) organization on a cost - reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of six years from the date the audit report is issued, and shall allow the Department or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure that audit working papers are available to them upon request for a period of six years from the date the audit report is issued, unless extended in writing by the Department. The six year period may be extended for the following exceptions: 1. If any litigation, claim or audit is started before the six year period expires, and extends beyond the six year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non - expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for six years after final disposition. 3. Records relating to real property acquired shall be retained for six years after the closing on the transfer of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. Contract Revised: 4/6/2010 2 Packet Page -1132- 5/24/2011 Item 16.6.5. (6) AUDIT REOUIREM ENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the Department. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. .(c) The Recipient shall provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non - profit organization as defined in OMB Circular A -133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. in the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non- Federal funds. (e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the Recipient to The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 [also send an electronic copy to aurilla.parrish @dca.state.fl.us] and Department of Community Affairs Community Development Block Grant Disaster Recovery Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Contract Revised: 4/6/2010 Packet Page -1133- 3 5/24/2011 Item 16.6.5. Send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at h=://harvester.census,izov/fac/collect/ddeindex.html and to any other Federal agencies and pass - through entities in accordance with Sections ,320 (e) and (f), OMB Circular A -133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A -133, as revised, the Recipient shall send a copy of the reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any management letter issued by the auditor, to the Department at the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 [also send an electronic copy to aurilla.parrish @dca.state.fl.us] and Department of Community Affairs Community Development Block Grant Disaster Recovery Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 (g) By the date due, send any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement in accordance with OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. (h) Recipients should state the date that the reporting package was delivered to the Recipient when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. (i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Department has notified the Recipient of such non - compliance. 0) The Recipient shall have all audits completed by an independent certified public accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Department no later than nine months from the end of the Recipient's fiscal year. (7) REPORTS (a) The Recipient shall provide the Department with monthly reports and a close -out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in Contract Revised: 4/6/2010 4 Packet Page -1134- 5/24/2011 Item 16.6.5. completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Department. (b) Monthly reports are due to the Department on the last day of each month of the program year and shall be sent each month until submission of the administrative close -out report. (c) The close -out report is due 45 days after termination of this Agreement or 45 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Department" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide additional program updates or information that may be required by the Department. (f) The Recipient shall provide additional reports and information identified in Attachment D. (8) MONITORING The Recipient shall monitor its performance under this Agreement, as well as that of its subrecipients, subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures may include, but not be limited to, on -site visits by Department staff•; limited scope audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the Department harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat.. agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Contract Revised: 4/6/2010 5 Packet Page -1135- 5/24/2011 Item 16.6.5. Department, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Fla. Stat Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT If any of the following events occur ( "Events of Default "), all obligations on the part of the Department to make further payment of funds shall, if the Department elects, terminate and the Department has the option to exercise any of its remedies set forth in Paragraph (11). However, the Department may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Department is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Department and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Department. (c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement (11) REMEDIES If an Event of Default occurs, then the Department may, upon thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice of such termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail return receipt requested, to the address set forth in paragraph (13) herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Department any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. (e) Exercise any corrective or remedial actions, to include but not be limited to: 1. request additional information from the Recipient to determine the reasons for or the extent of non - compliance or lack of performance, Contract Revised: 4/6/2010 Packet Page -1136- M not corrected, in question, or 5/24/2011 Item 16.6.5. 2, issue a written warning to advise that more serious measures may be taken if the situation is 3. advise the Recipient to suspend, discontinue, or refrain from incurring costs for any activities 4. require the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible. (f) Exercise any other rights or remedies which may be otherwise available under law. (g) Pursuing any of the above remedies will not keep the Department from pursuing any other remedies in this Agreement or provided at law or in equity. If the Department waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Department, or affect the later exercise of the same right or remedy by the Department for any other default by the Recipient. (12) TERMINATION (a) The Department may terminate this Agreement for cause with thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform in a timely manner, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat , as amended (b) The Department may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of Rinds, by providing the Recipient with thirty calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment shall state the effective date of the termination and the procedures for proper close -out of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Department because of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set -off until the exact amount of damages due the Department from the Recipient is determined (13) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. Contract Revised: 4/6/2010 Packet Page -1137- 7 5/24/2011 Item 16.6.5. (b) The name and address of the Division contract manager for this Agreement is: Audrine Finnerty Department of Community Affairs Division of Housing and Community Development 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Telephone: (850) 410 -0587 Fax: (850) 922 -5609 Email: audrine .finnertva,dca.state.fl.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: (Name): Marcy Krumbine (Address): 3301 E Tamiami Trail, Naples, Florida 34112 Telephone: (239) 252 -8442 Fax: (239) 252 -2638 Email: marcykrumbine@colliergov.net (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as stated in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department for review and approval. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully. Contract Revised: 4/6/2010 Packet Page -1138- 0 5/24/2011 Item 16.6.5. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments (check all that are applicable): ® Exhibit 1 - Funding Sources ® Attachment A — Budget and Scope of Work ® Attachment B — Program Statutes and Regulations ❑ Attachment C — Recordkeeping (N /A) ® Attachment D — Reports ❑ Attachment E — Justification of Advance (N /A) ® Attachment F — Warranties and Representations ® Attachment G — Certification Regarding Debarment ❑ Attachment H — Statement of Assurances (N /A) ® Attachment I — Activity Work Plan ® Attachment J — Program and Special Conditions ® Attachment K — Signature Authorization Form funds. (17) FUNDING /CONSIDERATION (a) The funding for this Agreement shall not exceed 59,963,208.00, subject to the availability of (b) The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement, and the Subgrant Application. (c) All funds shall be requested in the manner prescribed by the Department. The authorized signatory for the Recipient as set forth on the Signature Authorization Form, Attachment K to this Agreement, must approve the submission of each Request for Funds (RFFs) on behalf of the Recipient. (d) Pursuant to 24 C.F.R. Section 570.489(b), pre - agreement costs reflected in the Subgrant Application as originally submitted that relate to preparation of the Subgrant Application are considered eligible costs and may be reimbursed to the Recipient, if they are otherwise in compliance with all other requirements of the Agreement. (e) Funds expended for otherwise eligible activities prior to the effective date of the Agreement, except for those provided for in this Agreement or prior to the effective date of the enabling amendment wherein the Department agrees to their- eligibility, fundability, or addition to the Agreement, or a separate letter authorizing such costs, are ineligible for funding with CDBG funds. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer, or under subparagraph (19)(h) of this Agreement, all obligations on the part of the Department to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Department. Contract Revised: 4/6/2010 9 Packet Page -1139- 5/24/2011 Item 16.13.5. (18) REPAYMENTS All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs" and mailed directly to the Department at the following address: Department of Community Affairs Cashier Fiscal Management 2555 Shumard Oak Boulevard Tallahassee FL 32399 -2100 In accordance with Section 215.34(2), Fla. Stat.. if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of Fifteen Dollars ($15.00) or Five Percent (5 %) of the face amount of the returned check or draft, whichever is greater. (19) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy .of all the information, representations , and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Department request, or in any submission or response to fulfill the requirements of this Agreement All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Department and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement (c) Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the term of this Agreement. (d) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et se g. and the Florida Civil Rights and Fair Housing Acts (sections 760.01 — 760.37, Florida Statutes), which prohibit discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, state and local government services, and telecommunications. (f) A person or organization who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or Contract Revised: 4/6/2010 10 Packet Page -1140- 5/24/2011 Item 16.6.5. repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief:, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a 5 -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(g)2. of this certification; and 4. have not within a 5 -year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to the Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" (Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. Such form must be received by the Department before the Recipient enters into a contract with any subcontractor. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (j) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (k) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement. (1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. Contract Revised: 4/6/2010 Packet Page -1141- 11 5/24/2011 Item 16.6.5. (m) The State of Florida will not intentionally award publicly funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act (" INA" )]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A (e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Ste) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (20) LOBBYING PROHIBITION (a) No funds or other resources received from the Department under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying." 3. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Contract Revised: 4/6/2010 12 Packet Page -1142- 5/24/2011 Item 16.6.5. (2 1) COPYRIGHT. PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has a pre - existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre - existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a_ result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Department for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre - existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (22) LEGAL AUTHORIZATION. The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. (23) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment H. Contract Revised: 4/6/2010 Packet Page -1143- 13 5/24/2011 Item 16.6.5. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FEDERALLY FUNDED SUBGRANT AGREEMENT SIGNATURE PAGE Contract Number. 10- DB- D4- 09- 21- 01 -K09 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month and year set forth below. COLLIER COUNTY CONIMIS I N By: Datc; 05/25/2010 ( uthorized Signature Fred W. Coyle (Print Name) Title: Chairman Fcderal Tax lD# 59-6000558 DUNS# 076997790 Approved as to form & legal sufficiency Colleen Greene, Assistant County Attorney 4 {ice N -449, N ��'��� • Stk����s�s Contract Revised: 4/6/2010 DEPARTMENT OF CONUVIUNITY AFFAIRS By: C UA� Date:lD (Authorized Signature) Type Name: 4pmiee -$renwili'e �Lor � j cflll.�.� �iU1R,r,�.StN7 Titl t. Division of Housing &Community Develovment Packet Page -1144- 14 5/24/2011 Item 16.6.5. EXHIBIT —1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT: Separately list the following information for each federal program from which the resources awarded to the Recipient originate: THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: Separately list each applicable compliance requirement (eligible activities, service, or commodities; eligible recipients; etc.) and sped to which federal program each requirement applies: Compliance Requirement Program L The Recipient willfully perform the obligations in accordance with the Community Development Budget and Scope of Work, Attachment A of this Agreement, the Block Grant Disaster subgrant application incorporated herein by reference, and 24 C.F.R, Recovery Program Subpart 1, Sections 570.480 — S70.497. The Recipient shall be governed by 290.401 -409, F.S., Rule 9 B-43, F.A.0 and Federal Laws, rules and regulations, including but not limited to those identified in Attachments B and J Contract Revised: 4/6/2010 15 Packet Page -1145- Community Development Block Grant Program Federal agency U.S. Department of Housing and Urban Development Catalog of Federal Domestic Assistance title: Community Development Block Grants /State's Program and Nonentitlement Grants Catalog of Federal Domestic Assistance #: 14.228 Award amount: $9,963,208.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: Separately list each applicable compliance requirement (eligible activities, service, or commodities; eligible recipients; etc.) and sped to which federal program each requirement applies: Compliance Requirement Program L The Recipient willfully perform the obligations in accordance with the Community Development Budget and Scope of Work, Attachment A of this Agreement, the Block Grant Disaster subgrant application incorporated herein by reference, and 24 C.F.R, Recovery Program Subpart 1, Sections 570.480 — S70.497. The Recipient shall be governed by 290.401 -409, F.S., Rule 9 B-43, F.A.0 and Federal Laws, rules and regulations, including but not limited to those identified in Attachments B and J Contract Revised: 4/6/2010 15 Packet Page -1145- 5/24/2011 Item 16.6.5. NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the Recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the language may state that the Recipient must comply with specific laws, rules, or regulations that pertain to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. NOTE: For federal programs included in Exhibit 1, Section .400(d) of OMB Circular A -133, as revised requires, and for state projects included in Exhibit 1, Section 215.97(5)(a), Florida Statute, requires the information in Exhibit 1 to be provided to the Recipient. Contract Revised! 4/6/2010 Packet Page -1146- IV 5/24/2011 Item 16.6.5. Attachment A Scope of Work and Budget « � � U) w a: k U. 0 ui IL S � D Z « � � O � m � � 0 Ce IL « � z LU � Z u k « 5/24/2011 Item q §.S.§. Packet Page -1148- � � § ■ . r § @ o � g 0 B $ Q ° d § % ¥ § § R c o R b ® iLn / / / o k k lu § 4A. J *00. #k§ § % a R R % - § § o LU k 4 � / \ � n�4 0 \ ^ I z z § k � . � z u 2 � E \ § ° � 0 { § ( 0 7 k $ §$§ k d « \ \ n /7k / / � 9 « � � � 5 § m7 _ / o F LL. >- a k � \ � k k _ © _ �� u § § IM ��k� �k k �� k . &�)� §�_ § � N�� /k Packet Page -1148- T1 s u W� N 3 U. O W d W4 Q W 4 E ;C CS 7 O C 2 O � to .. d I�^z` VJ 5/24/2011 Item 16.6.5. Packet Page -1149- 0 m Q QQ Pz U N NN N Ln W W m a� z W m N �1 H Z S Z 23 0 _ U31 1 � o d .r o io G Z m IC> 4 Co Co C Z N N M W � Z Q Z Kd � ;5 OR O a oC iii J Q v W o 8 4 Packet Page -1149- W Cd a W U W U) U. m y� 7 O W a. O v v z r`a W aaCo oG O w CL Q H z W ra �' F" EM a� Co CL Q N .y 7 x O CO = E _a E •E w m N Q N U � U) Q 5/24/2011 Item 16.6.5. Packet Page -1150- ui UN O L M C N 7 O G. d t 3 O r a C N v N N O U c N rn C E to 4) E U N tti w t0 N to E tt3 U) C 3 O E N U t0 N C a) E L .Q E O U U Cu O N .O E Z V aC to M M W p Q = m O LU far S 6� C. $ in Z Go M rh o N o Ln J a ON +,► Ch ,n Vv $ irr eoc LL m d v W U ►� Hfh rn fr1 W t/l W ~ m f J w us � a z H W m �.� fh M M M 0 W m z 0 z n. f z V Q , = M M S �O H N a z �' u Z u LU A = E > a� y z z v v a a w o 2 L6 W a. W m � s W W J O 61 0 i. m 00 a W I& Z o IOW- ry O oWC W d W a s J a W W J a Qr Q �+ U N g O O D Jam- O a ..Q Z W O tLLt G Q N J Q Q toll m F= f' Packet Page -1150- ui UN O L M C N 7 O G. d t 3 O r a C N v N N O U c N rn C E to 4) E U N tti w t0 N to E tt3 U) C 3 O E N U t0 N C a) E L .Q E O U U Cu O N .O E Z Q W Ce Q W U W5 W H m Y Cd O 3 U. O W a. U U) T'1 a z W U r N 0 Cn Co Y E E M f9 d Q U a� U) 5/24/2011 Item 16.6.5. Packet Page -1151- 0 CL ._ c m 0 a m z rn O wL.+ N C E N d Q1 w N O U C M C E a� N E U X W u H a z a W ILI (� m p o�We H N pp C O N Ln O N Co D 'D Cli v m V. 40�- W V C .4 M M Ln o �.. N N R W T. (A f. m z C J W W m w to N M H Z. H H J yyJJ Ing `a z W W 10 M + H Z N a N V � Y a IF �, .. z Q C Z A W M O > W V Z > C H W a LU �! N C f0 J Q z Z Q W O E C Q Q LL LL v W N W m a f a m r. m g z N N 0 0 �r W W F Ce m J �44 O ~ > Z 6i W MM r Ln C7 v4 V Cd W 06 Q� Q OZM a J (i ypryG O 0C W 10 Cd In J H W Z O j J ° a °x I I I 1 0 1 1 1 y I ° 19 <�auz+ n v', Packet Page -1151- 0 CL ._ c m 0 a m z rn O wL.+ N C E N d Q1 w N O U C M C E a� N E U X W a a W U W H m Y OG O 3 U. O W a O U N Q Z cW L U Q a� 3 E 0 a 3 L N J+ fQ m d Q N U a� 5/24/2011 Item 16.13.5. Packet Page -1152- H y d U O Q. a C d E V 0 CL (D CD L 0 m ID m a a� U, N O U m c GI E Ol l0 N E U X w (7) O .. Z LU LL +g OL JU a w m � o W O O _ LM � ^ a Ln 4 ° C7 M N z a N �� W Z y W H W m H s J J 1:1 W o f z W Co Q� F C5 N 10 N Z UA W M N M z 0 6 o z LL J o+ c G /A qH W � a z tM v IV G a c Q vVi Z f w t� °t;' � � S G z W o a o �� C & U. mLU s m Z N N � w LL. J O Z tu � r Z W OJ �a } a �Cd u LU a N �UA� D QC R dp W F .' � Z cod S C � �r o� In 0 a a a �auz+ ca m i- �- in as o Packet Page -1152- H y d U O Q. a C d E V 0 CL (D CD L 0 m ID m a a� U, N O U m c GI E Ol l0 N E U X w ?t Q: Q w U w N Co he O 3 U. O w CL O u U) rl a z w f Z U Q Q N °o L � O � � N c rn � Y � O c E 7 O C U m o _ o oL Ln L f0 = N d U Y CU N E Co E 5/24/2011 Item 16.B.5. rnL � 99 v uj LU I- ri Z J W ad M O ZI Q m J 19 W J Z OrW 6Q�C �" Z� F {p ►+ r�rr g p F- O�i m H H i O -41( O Q Q �Q W GLL th IA F F Packet Page -1153- 0 y O H n n O � � Z rii d 7 GW d' m G G { {Wj O Q O O O y y z n n c QO O g n n � � Go f fn r rn a 4 4r, All- m LU GQJ J N N N N N W W F N Z NO a O O Z � m n n L Ln ,4 t ti ry N N Z ui m m s � � z p � � o o � a � � o � z � � a a o a a L LU p ° S q Z Z FrLt W W 4 4-° Q Q z z z ' 'G u u C Q Q w w a a a a F F5 � W W f m M M Z N N N N 0 0 W W Z C m m a H W Q H of Z LL W 1-1 9 9 u Q Packet Page -1153- Contract Revised: 4/6/2010 ATTACHMENT K SIGNATURE AUTHORIZATION FORM Packet Page -1154- 5/24/2011 Item 16.13.5. 37 5/24/2011 Item 16.6.5 Attachment B State and Federal Statutes and Regulations By signature of this Agreement, the local government hereby certifies that it will comply with the following applicable federal and state requirements: State and Federal Statutes and Regulations 1. Community Development Block Grant Disaster Recovery Emergency Rule 9BER09 -2; 2. Florida Small and Minority Business Act, s. 288.702- 288.714, F.S.; 3. Florida Coastal Zone Protection Act, s. 161.52 - 161.58, F.S.; 4. Local Government Comprehensive Planning and Land Development Regulation Act, Ch, 163, F.S.; 5. Title 1 of the Housing and Community Development Act of 1974, as amended 6. Treasury Circular 1075 regarding drawdown of CDBG funds 7. Sections 290.0401- 290.049, F.S.; 8. Rule Chapter 913-43, Fla. Admin. Code.; 9. Department of Community Affairs Technical Memorandums; 10. HUD Circular Memorandums applicable to the Small Cities CDBG Program; i t Single Audit Act of 1984; 12. National Environmental Policy Act of 1969 and other provisions of law which further the purpose of this Act; 13. National Historic Preservation Act of 1966 (Public Law89- 665) as arncnded and Protection of Historic Properties (24 C.F.R. Part 800); 14. Preservation of Archaeological and Historical Data Act of 1966; 15. Executive Order 11593 - Protection and Enhancernent of Cultural Environment; 16. Reservoir Salvage Act; 17. Safe Drinking Water Act of 1974, as amended; 18. Endangered Species Act of 1958, as amended; 19. Executive Order 12898 - Environmental Justice 20. Executive Order 11988 and 24 C.F.R. Part 55 - Floodplain Management; 21. The Federal Water Pollution Control Act of 1972, as amended (33 U.S.C., s. 1251 et seq.); 22. Executive Order 11990 - Protection of Wetlands; 23. Coastal Zone Management Act of 1968, as amended; 24. Wild and Scenic Rivers Act of 1968, as amended; 25. Clean Air Act of 1977; 26. HUD Environmental Standards (24 C.F.R. Part 58); 27. Farmland Protection Policy Act of 1981: 28. Clean Water Act of 1977; 29. Davis - Bacon Wage Rate Act; 30. Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. s. 327 et. seq.; 31. The Wildlife Coordination Act of 1958, as amended; Contract Revised: 4/6/2010 32. The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975 (42 U.S.C., s. 6901 et. seq.); 33. Noise Abatement and Control: Departmental Policy Implementation, Responsibilities, and Standards, 24 C.F.R. Part 51, Subpart B; 34. Flood Disaster Protection Act of 1973, P.L 92 -234; 35. Protection of Historic and Cultural Properties under HUD Programs, 24 C.F.R. Part 59; 36. Coastal Zone Management Act of 1972, P.L. 92 -583; 37. Architectural and Construction Standards; 38. Architectural Barriers Act of 1968, 42 U.S.C. 415I; 39. Executive Order 11296, relating to evaluation of flood hazards; 40. Executive Order 11288, relating to prevention, control and abatement of water pollution; 41. Cost - Effective Energy Conservation Standards, 24 C.F.R. Part 39; 42. Section 8 Existing Housing Quality Standards, 24 C.F.R. Part 882; 43. Coastal Barrier Resource Act of 1982; 44, Federal Fair labor Standards Act, 29 U.S.C., s. 201 et. seq.; 45. Title VI of the Civil Rights Act of 1964 - Non- discrimination, 46. Title VII of the Civil Rights Act of 1968 Non- discrimination in housing; 47. Age Discrimination Act of 1975; 48. Executive Order 12892- Fair Housing 49. Section 109 of the Housing and Commn=ity Development Act of 1974, Non - discrimination; 50. Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R. Part 8; 51. Executive Order 11063 - Equal Opportunity in Housing; 52. Executive Order 11246 - Non - discrimination; 53. Section 3 of the Housing and Urban Development Act of 1968, as amended - Employment/Training of Lower Income Residents and Local Business Contracting; 54. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, P.L, 100 -17, and 49 C.F.R. Part 24; 55. Copeland Anti- Kickback Act of 1934; 56. Hatch Act; 57. Title IV Lead -Based Paint Poisoning Prevention Act (42 U.S.C., s. 1251 et, seq.); 58. OMB Circulars A -87, A -102, A -122, and A -133, as revised; 59. Administrative Requirements for Grants, 24 C.F.R. Part 85; 60. Section 102 of the Department of Housing and Urban Development Reform Act of 1989 and 24 C.F.R. Part 12. Packet Page -1155- 18 Contract Revised: 4/6/2010 ATTACHMENT C RECORDKEEPING NIA Packet Page -1156- r I- . - i i .. • - - - 5/24/2011 Item 16.6.5. Attachment D Reports The following reports must be completed and submitted to the Department in the time frame indicated Failure to timely file these reports constitutes an event of default, as defined in Paragraph (10) of this Agreement. 1. The Contractual Obligation and MBE Report must be submitted to the Department by April 15 and October 15 annually. The form must reflect all contractual activity for the period. If no activity has taken place during the reporting period, the form must indicate "no activity". 2. A Quarterly Progress Report must be submitted to the Department on the last day of the month on the report form provided by the Department. 3. The Administrative Closeout Package must be submitted to the Department forty-five (45) days after the Agreement termination date. 4 In accordance with OMB Circular A -133, revised, should the Recipient meet the threshold for submission of a single or program specific audit, the audit must be conducted in accordance with OMB Circular A -133 and submitted to the Department no later than nine (9) months from the end of the Recipient's fiscal year. If the Recipient did not meet the audit threshold, a certification must be provided to the Department no later than nine (9) months from the end of the Recipient's fiscal year. S. The Section 3 Summary Report must be completed and submitted to the Department by July 31 annually. The form must be used to report annual accomplishments regarding employment and other economic opportunities provided to persons and businesses that meet Section 3 requirements. 6. Request for Funds must be completed on the Department's Request for Funds form and submitted in a pdf format via email by an authorized signatory. Requests for Funds received via email will only be accepted from an email address that is reflected on the Signature Authority form The Request for Funds must be submitted to the following departmental email address: disasterrecovery@dca.state.fl.us Contract Revised: 4/6/2010 Packet Page -1157- 20 Contract Revised: 4/6/2010 ATTACEMENT E JUSTIFICATION OF ADVANCE PAYMENT N/A Packet Page -1158- 5/24/2011 Item 16.6.5. 21 5/24/2011 Item 16.6.5. Attachment F Warranties and Representations Financial Management Recipient's financial management system must include the following: (1) Accurate, current and complete disclosure of the financial results of this project or program. (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall . safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. QMetition All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Contract Revised: 4/6/2010 Packet Page -1159- 22 5/24/2011 Item 16.13.5. Codes of Conduct The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site at all reasonable times for business. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. Contract Revised: 4/6/2010 Packet Page -1160- 23 5/24/2011 Item 16.6.5. Attachment G Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, (name of subcontractor), certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Contractor's subcontractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. (Sub - Contractor's Name) (Recipient's Name) Date: (Authorized Signature) (Print Name and Title) (Street Address) (City, State, Zip) Contract Revised: 4/6/2010 10 -DB R4 -09- 21- 01 -KO9 (DCA Contract Number) Packet Page -1161- 24 Contract Revised; 4/6/2010 ATTACHMENT H STATEMENT OF ASSURANCES N/A Packet Page -1162- 5/24/2011 Item 16.13.5. 41 Contract Revised: 4/6/2010 ATTACHMENT I ACTIVITY WORK PLANS Packet Page -1163- 5/24/2011 Item 16.6.5. 26 O a a m C) Co w v J Z a. J ICY Co it EWO MR 0 LL � CU Q U t=O :3 I- U LL O Z w IL w Q O O r O N pp M C� M C r F- _ w C9 •aa) m o am= uj d V Cc W 1- ON- IL M O J YJ �4€ O N Q U � y CD V m O 0 r0^ � C7 O � OW Z � ZVQ ww 9 U U Z Ix WUa) 5/24/2011 Item 16.B.5. Packet Page -1164- O O N O) 7 Q v 1� a) a 0 a� l3 3 U C a� �o 5 D U y G w CL a) C b} Cu 60J. d0 Q O O M Cl CD 7 a W O O M d � 0 V O a7 6O .C.0 C. C N Lo ,O w N 0 G o tM o o a m v° C.CD U o o. La ' N C a) ,� a) O Q v Z o rnC CM u a y o f U m V O G a C m = oa4 O C U a o G o co p fn � 15 Z c r- M C 3 Q O O U) a 0 O Y0 Co = �, T _c 4 c Ln U w o w a a) 3 `m C a a 's 0 'o o G 0 = a) a) "2 —° m a� y V E a) C a) O 0 y O 0 -, O 'o C �O a) 0 m vii 2 U 2 G _ 0 c 0 a) -° @ w ° Q a O U Ca y m 0 U a C N —Z a C a) V Lri a) N O E U �O U N L 0) C O a3 La G C O CL tl) C 2 -0 w. O 'O O " a) C -C aa)) -0 .0 G c •= a) Q .0 U c a) as 'a a R = Q) a) 0 a) o r o f O G N G E E a) Or_ CL O So U �0a. c w G ^ o T C La O a) O T r O r T T O N N ow E A N N N N N N (O � i Co O T G a) O A N r r O r O N T Co N O N N N Cl T T Cr T (D L Packet Page -1164- O O N O) 7 Q v 1� a) a 0 a� l3 3 U C a� �o 5 D U Z W Z V a W MUCn 5/24/2011 Item 16.6.5. C o MR CD CD O N �. � M O L Y �N _O aiw CL m O 3 p � � U Co LU W W t? ~ L% a� a� am aw,i°c m� m '7 � _tea W O Ew0 om g¢ v LL b�9 d N g LL Q Q W ;C Z� o" IL Y p C Cr >,w CQ O U O r N _ elf O LL V p� C a, 0 m v_' C O W V m � Li pj y'd I— O r cc Q � a o � O M !b Z W Z V a W MUCn 5/24/2011 Item 16.6.5. C o MR L Y �N _O aiw O 3 �E2; w3 C0 � b�9 d N C Cr >,w v w V.Q O � w_- O M !b O CL a O E w 4k cOi � 0 v U 0 � U L N G ts CL o c c U U0w v o y aai O U O U '00 L- N 4) N U E O O O � O O O L S C N C [0 oV n c c t5 .O w 2 O O V (D d m N E o �+ Co M C CL 0 O p C n p N = +� O ;a N V C N �J C o O 'O RCSS CN O U ° -0 Co w C) o CD O N A O N r N O N O N 0 N N — O O) ch �Ca W M L ` CD w O �+ E p O cN T o r O N .r N N N Packet Page -1165- Q as m 4 ,c m .Q cc cc m O m m� ZN G O a m 0 v _W v J QQZ _tea CWO V R aaw O jaa 2^ 0 LL O Z W n. W a 1M �l —W Nl r N M w I LI40 V 0, am L W 4; MU IL Lu HO E oaCol C YV r O L O N a Om O d4 12 C 0 O vo E r � OW Z Z U W a�j W O W w L) CO 5/24/2011 Item 16.6.5. 'ao U) ��r W � O N O N d 613� Cr 0 a 0' a w Co C CC C r x x Q. Cr o CL a Co Lq CL M fQ fn9 (h 64 +0. y N y M J to V C O P C D E >,w CNO lcc 0.0 r c 0 o O U U 3 AR N C. U Cl) U CL N c : O C C V U .0 W is N o u N -00 w 7 O (D N D N U w C U .D R y V O 0-0 E O V O V U N f4 O C O m N N = O N CL N n E U m C CJ -0 o a� _ w 'B O U 0 CL O Q m aci g m CL N O N 'p 7 U O U M N C - _ CL O O 'O N C A c LS U 0 N C cvn v a 02 C •G E A pa a o c a o a m U i f° 1 i W t � � N C 0 O N r O r r N N O N O N M c (C O 0 r- r a) 0 (D o N C) C", N N O N O N r N M It Crn Packet Page -1166- a Nd ' O > O N O a c� m O V N W H v �Z a� _tea Ewo v LL. � �+ Q V 3 �O �a O V U. O Z W Q CL w 0 j4 i a o° r ilk N C Rti .2f� m H r V d �O IL m L Lli �- CL w 3 HO oa0 cUn 0 Y r O O ON U c� �o 'O U� 0 r OW Z Z V W w U CL Z5 z w0N UJ 5/24/2011 Item 16.B.5. o 2� Cn w O ul to O O — +• O a) 7 � a� "� Cr Q `° a�0 2w 2 E C3 r 0.0 w n° X Ea o Co 2 2 a� w ti .y.. J D� E�W A o° 0 0 E co ri U 0_ 0 E� U 010 y y E 0C c y �o 2 0.2 Li V ;E aai m p c0a O 3 V — ` y C 66r = W O V 'a .o C C w O 0 in G _ = v E O y 2 Co -0 o E U c O N to 2 a) € 0 U > N 0 C N E 0 y a O U E 7 U O o E y 8-2 E -- o CL Coi 3 0 C 0 E 2 O o v 0 E w- rn0 y E 0 wo CL c .S o U ld a N — a U) y N U w O C Fu 1—N 4 Cu C E a} f6 0 0 CL O v U M i- ws O o O Co O - N N Su E r N N r O r O N rn co M r ^ M O o r e- m 0 a) E >+ r O O N r O r r N r N N N N ti r L Packet Page -1167- Q w 4 a a v R d O ro Z N Q� OC 0 w CL 0 to O V to W J Z g to Y EEO 0 LL Z < o Q Q1- o LU zIL U W 0 Z W a W 0 O � T � 0 N M � m 21v- 469 Ow H W t9 d LU L IL W W wm,, /{ Q � W oat9 4M O Y T C O N Uo d Um D 0 T Ci W Z ij ZVQ W a�j wow W IL) y 5/24/2011 Item 16.13.5. o �r ") N U) ui o m O in a•- »- p 0. a E6M c0 'aa) E- w a O E o Q U) -Q 0.2 Z5 LO 0 CL cn n` a m 0 °? m O w oM rn D O EPw c o N N (� O N O 0 c 0 1 O U - O 0 o N s f0 U h C 'a 0 U_ O CL N O O N O fC Q N 0 U O OL C v O C C m 3 m N a o U.9W w 0 o w 0 $ ;c °? C Co o - o j CD (D U -0 O O U U GI O O Q ` N N r oIM C. CD _� _ O td N N € y (p U N 0 V G 30 0'6 C v U o U E L o a �; �_ E 2 0 3 M y N O CL U O U M to .O i- !/1 U • C 0 a v oar m 0 ,(D wo N a V C N Cl y N O L) c`a m 0 — C;) a o U •� can M M O �6 a` a` O E o L) }°- -0 C.6 w M o r .- O C O �.' O N r. r O c- O N r O N r O O p N N N N N Co N cc �wo O— Gl O dl �+ O N _ O O O O ❑ ... N N ti r N N M Co Packet Page -1168- z 4 C O v.. a 4 a ar c� d O O 0 V O Z N 5/24/2011 Item 16.6.5. Attachment J: Program and Special Conditions 1. Prior to the obligation or disbursement of any funds, except .for administrative expenses not to exceed Fifteen Thousand Dollars ($15,000), but in any case, no later than ninety -days (90) from the effective date of this Agreement, the Recipient shall complete the following: a. Comply with procedures set forth in 24 C.F.R. Part 58, Environmental Review Procedure for Title I Community Development Block Grant Programs and 40 C.F.R. Section 1500 -1508, National Environmental Policy Act Regulations. When this condition has been fulfilled to the satisfaction of the Department, the Department will issue a Release of Funds. b. Submit to the Department copies of all required policies and procedures drat have been adopted by the local government but were not provided at the time of original Application. Also, unless submitted with the grant application, submit an executed copy of the required inter -local Agreement if more than one local government will receive funding under this contract. C. The documentation required in paragraph 2 below for any professional services contract associated with aciivities funded under this grant. For each procured and executed professional services contract for which Disaster funding will be requested, or within five (5) days of the execution of any yet to be procured professional services for which Disaster funding will be requested, submit a gM of the procurement documents listed below. The recipient proceeds at it's own risk if it incurs or expends any funds for a professional services contract before the Department reviews and approves the procurement. a. Public notice of the terms of the request for proposals in a newspaper of regional circulation, including affidavit of publication; b. List of entities to whom a notification of the request for proposals was provided by email, U.S mail or by fax; C. List of firms that submitted a proposal (only if short- listing procedure was used); d. Completed short- listing evaluation / ranking forms, including any ranking summary document, and document transmitting the short- listed firms to the commission (only if short- listing procedure used); e. Completed final evaluation / ranking forms; f. Portion of commission minutes dealing with contract award; g. Cost breakout from selected firm used for completion of the cost analysis (if pricing information was not submitted with proposals); h. Contract (signed or proposed); i. Truth -in- Negotiation certification (if not in the contract) for engineering contracts over $150,000; j. If a protest was filed, a copy of the protest and documentation of resolution; k. A request for the Department's approval of a single source procurement if only one firm was considered and the contract exceeds $25,000; I. If a regional planning council or local government is performing the services, submit only a copy of the contract and cost analysis information. Contract Revised: 4/6/2010 27 Packet Page -1169- 5/24/2011 Item 16.13.5. The Recipient shall not enter into a contract to be paid with Disaster funds based on a sole source or single proposal procurement action without prior written approval from the Department. Failure to secure the prior written approval shall relieve the Department of any obligation to fund the said procurement contract, including any payments previously made. If professional services procurement will not be undertaken, advise the Department. 4. For any activity that requires construction plans and specifications prepared by an engineer or architect: a. Provide to the Department a copy of all engineering specifications and construction plans. The Recipient shall also furnish the Department, prior to soliciting bids or proposals, a copy of all bid documents for all services and/or materials to provide those services and/or materials for all construction activities when the bids are expected to exceed $25,000. These submissions are for the limited purpose of identifying the extent of the activities to be accomplished with Disaster funds under this Agreement, and inclusion of program requirements, and in no way does it indicate that the Department has conducted a technical review of, or approved the plans or other bidding documents; b. The Recipient shall not publicize any request for bids for construction purposes or distribute bid packages until the Department has provided to the Recipient, written acceptance of the engineering specifications, construction plans, and bid documents; and C. In any service area which requires construction plans and specifications prepared by an engineer or architect, no more than twenty-five percent (25 %) of the grant administration amount allocable to that service area may be requested until the construction plans and specifications for that service area have been received for review by the Department. For the purpose of this condition, the allocable grant administration amount for each service area is calculated by first determining each service area's percentage of total project costs, excluding administrative costs, and then multiplying the service area's percentage of total project costs by the total administrative budget. This calculation results in a percentage of total administrative costs per service area based on each service areas percentage of the grants total project costs, excluding administrative costs. Any procurement which requires public notice in a newspaper (except as otherwise provided for in this contract) shall be published in a daily newspaper of general circulation in a nearby Office of Management and Budget (OMB) designated metropolitan statistical area (MSA). Alternatively, a local government may substitute such notice with a combination of local newspaper publication and mailed announcements to potential bidders, which generates at least three responsible and responsive bids or proposals. Such publication and/or mailing shall allow at least 12 days for receipt of the proposals or bids. a. The Department must provide written permission prior to the local government awarding any contract exceeding $25,000 procured as a result of inadequate competition, a sole source or noncompetitive procurement. For contracts below $25,000, the local government's files must document the justification for such noncompetitive procurement which complies with 24 C.F.R 85.36(b)(4). b. All contracts for professional services shall conform to the following: i. Any Request for Proposals which includes more than one service shall provide that: Proposals may be submitted for one or more of the services; qualifications and proposals shall be separately stated for each service; The evaluation of the proposals shall be separate for each service. ii. A written evaluation, such as a ranking sheet or narrative, shall be prepared for each proposal, ranking or comparing each proposal to the criteria in the published Request for Proposals. Based on those criteria, the written evaluation will document why the successful proposal was selected. iii. A separate professional services contract must be procured and executed between the local government and any professional services consultant for each particular CDBG subgrant and each service. Each advertisement for procurement of CDBG professional Contract Revised: 4/6/2010 28 Packet Page -1170- 5/24/2011 Item 16.6.5. services, except for subgrant application preparation, must identify either the CDBG subgrant cycle by federal fiscal year or the CDBG subgrant cycle by federal fiscal year or the CDBG subgrant agreement to which it is applicable. iv. Each professional services contract must reference the CDBG subgrant agreement to which it is applicable. C. If CDBG and other sources of funding are being jointly used to fund activities under a single contract, the activities to be paid for with CDBG funds must be shown separately in the bid proposal so that the CDBG activities and the amount of the contract to be paid from CDBG funds are identifiable. d. If, after applying any specified deductive alternates, construction bids exceed available funds, the local government shall not negotiate with the low bidder unless there is only one bidder or all bidders are allowed to submit revised bids for the revised project. e. If the construction cost can be reduced by deleting entire line items or reducing quantities based on unit prices identified in the bid, the effect of such deletions or reductions on all bidders' prices shall be determined. Contract award shall be made to the low, responsive and responsible bidder for the revised project. f. All contracts in excess of $100,000 covered by Section 3 regulations shall contain the language required in 24 C.F.R. 135.38. 6. Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of '1970 (URA), as amended, and: a. Disaster funds will not be used for the cost of acquisition, the Recipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition, including notice to the property owner of their rights under URA, invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, statement of settlement costs, copy of deed, waiver of rights (for donations), as applicable. The documentation shall be submitted within 45 days of acquiring the property and prior to advertising for construction bids for any activity that required the acquisition. b. Disaster funds will be used for the cost of acquisition, the Recipient shall document completion of all pre - acquisition activities by submitting all documentation required for a desk monitoring of those activities, including notice to the property owner of their rights under URA, invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, waiver of rights (for donations), and estimated settlement costs, as applicable. The documentation shall be submitted to the Department for review prior to closing on the property. A copy of the final statement of settlement costs and a copy of recorded deed, with any required deed restrictions, shall be submitted within 45 days of the acquisition. Payment for the acquisition of property, right -of -way, or easement must be approved in writing by the Department prior to distribution of funds. Should the Recipient fail to obtain Department approval, any portion of the cost of the acquisition exceeding Fair Market Value as established in the Housing and Urban Development (HUD) Handbook 1378 shall not be paid with Disaster funds. Furthermore, if grant funds are used for acquisition, the requirements of 24 CFR 570.83 (e) (2) regarding final use or disposition shall be met. If grant funds are used for acquisition of property for, or infrastructure in support of, LMI housing construction, construction of the housing must be completed and LMI benefit documented during the sub - grant period. Contract Revised: 4/6/2010 Packet Page -1171- P 5/24/2011 Item 16.6.5. 9. No payment from the Department shall be for an amount less than $5,000, unless it is a local government's final request for funds. Additionally, all funds requested from the department must be expended within 3 days of receipt. 10. If the project involves installation of new sewer lines, or a new sewer treatment plant funded (partially or wholly) from Disaster funds and new sewer lines funded by another source, the Recipient shall document notification to appropriate households of the requirement in Section 381.00655(1), Fla. Stat. (1995) to hookup to the sewer system within 365 days of its availability. (Note that the notification is to be provided at least one year prior to the anticipated availability of the system.) Special assessments or impact fees cannot be charged to households that are to be hooked -up to a water or sewage system 11. The maximum percentage of subgrant funds allowed for architectural and engineering costs shall be based on the subgrant activities which require architectural design and engineering and shall not exceed the Rural Development (RD) Rural Utility Service (RUS) fee schedule (Form RD 1942 -19) in Florida RUS Bulletin 1780 -9, which can be obtained from the Department, and which is incorporated herein by reference. a. If more than one design professional is needed for an activity or activities (e.g., a landscape architect in addition to an engineer for sidewalk construction in a Commercial Revitalization project), the local government shall not exceed the appropriate RD/RUS fee curve for each activity covered by each design professional negotiated separately. For projects involving both Table I and II activities, engineering costs shall be pro -rated appropriately. The Department will not fund or reimburse costs of engineering activities that are not eligible under the Rural Utilities Service (RUS) fee schedule or those costs that exceed the RUS rates. 12. The Recipient, by executing this Agreement, certifies that program income received and retained by the local government before closeout of the grant will be used to continue grant activities in compliance with all applicable requirements of 25 C.F.R. Section 570.489(e). The amount of program income earned and expended must be reported to the Department on a quarterly basis. 13. The Recipient shall annually undertake an activity to affirmatively further fair housing pursuant to 24 C.F.R. Section 570.487(b)(4). Annually shall be defined as an activity for each year or one -third thereof from the effective date of the contract to the date of submission of the administrative closeout. 14. A deed restriction shall be recorded on any real property or facility acquired with Disaster funds. This restriction shall limit the use of that real property or facility to the use stated in the Application and that title shall remain in the name of the Recipient. Such deed shall be made a part of the public records in the Clerk of Court of the County in which the Recipient is located. Any future disposition of that real property shall be in accordance with 24 C.F.R. Section 85.31. Any future change of use shall be in accordance with 24 C.F.R. Section 570.489(j). 15. The Recipient shall conduct all public hearings relating to this Agreement and performance hereunder in a location that is accessible to physically handicapped persons or make such accommodations as necessary to provide for active participation of handicapped persons desirous of attending such public hearings. 16. All amendments to the activities contained in the application, including proposed new activities must be approved by the Department in writing prior to the date of initiation of that activity or the execution of any contract with any third party relating to such activity. The Department reserves the right to require that an activity meeting the Low to Moderate Income (LMI) national objective be replaced with another activity meeting the LMI national objective if the original activity can not be completed. 17. All requests for subgrant amendments shall include the following written documentation for review by the Department: Contract Revised: 4/6/2010 30 Packet Page -1172- 5/24/2011 Item 16.13.5. a. A cover letter signed by the Chief Elected Official or his or her designee which describes the need for the proposed changes and their effect upon the approved project. b. All application forms that would be changed by the proposed amendment. C. If applicable, a revised activity work plan; a revised budget showing the current and amended budget; If there is a change in activity location, a legible map which indicates the proposed change. d. If applicable, a copy of the minutes of the meeting of the Citizen's Advisory Task Force (CATF) when the proposed amendment was reviewed. e. If applicable, a copy of the public notice of the public notice for the public hearing at which the amendment was approved. f. Signature of the Chief Elected Official on Modification Form DCA 07.02. g. The amendment must be received by the Department at least 45 days prior to the end of the subgrant agreement. If the amendment is extending the subgrant agreement period, it must be received by the Department at least 90 days prior to the end of the subgrant agreement. h. If the local government requests administrative closeout prior to the termination date of the subgrant agreement, any amendment affecting closeout and requiring Department approval must be included with the closeout L Any proposed amendment extending the termination date of the subgrant agreement must be approved by the Department. The Iocal goverment must explain any delay affecting project completion and must justify the need for the extension. 18. The Recipient shall comply with the historic preservation requirements of 24 C.F.R. 58.17 and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and with all other environmental regulatory requirements. 19. Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. Section 570.489(g). Conflicts of interest relating to acquisition or disposition of real property; Disaster financial assistance to beneficiaries, businesses, or other third parties; or any other financial interest, whether real or perceived, shall be addressed pursuant to 24 C.F.R. Section 570.489(h). 20. The Recipient shall maintain records of its expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the contracted budget line items by service area contracted activity as defined on Attachment A, Budget and Scope of Work, and on Attachment I, Activity Work Plans. 21. If an activity is designed by an engineer, architect, or other licensed professional, it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. This certification shall be accomplished prior to submission of an administrative closeout package, and a copy of the certification shall be submitted with the administrative closeout package. 22. If, as a result of a site visit, the Department identifies any issues affecting the eligibility for funding any activity in the application, the local government shall provide information necessary to establish eligibility for the activity under the Disaster Recovery initiative program requirements or replace the activity with a new activity meeting program requirements. 23. Following demolition of a structure on private property, the local government shall place alien against the real property for the cost of demolition. If the lien is not recorded against the real property, then the demolition .cost is not an eligible cost under the grant. Alien is not required when the demolition is needed for residential reconstruction completed during the sub -grant period. A copy of the lien shall be maintained in the project files. When the lien is paid, the funds shall be treated as program income in accordance with CDBG regulations in 24 CFR 570. 24. For any activity performed as an' "urgent need," the project files shall document that the activity meets the requirements of 24 CFR 570.483 (d) to qualify under the "urgent need" national objective. For these disaster recovery funds, the "threat to health or welfare" portion of the requirements may be established in Contract Revised: 4/6/2010 31 Packet Page -1173- 5/24/2011 Item 16.6.5. the context of the 2008 hurricane season damage. The Recipient must submit an appropriate and properly completed National Objective Form, including attachments; to the Department for review and approval before funds may be drawn down to implement those activities. A copy of the approved National Objective Form must be maintained in the sub -grant file. 25. If grant funds are used for the "slum and blight" national objective, the Recipient must submit a National Objective Form, including attachments, to the Department for review and approval before funds may be drawn down to implement those activities. Before approval, the project files must document that the activity took place in an area officially designated as "slum" or "blighted" and meets HUD requirements for "slum and blight" on an area basis, or "slum and blight" on a "spot blight" basis. A copy of the approved National Objective form must be maintained in the sub -grant file. 26. For activities where hookups or connections are required as a condition for beneficiary access to a Disaster Recovery funded public improvement, no hookup or connection fees shall be charged to very- low, low or moderate - income beneficiaries. 27. For any construction contract that requires payment of prevailing wages under the Davis -Bacon and Related Acts (DBRA), the Recipient shall take the following actions so that the Department may meet its DBRA tracking and reporting requirements to HUD for these funds: a. Obtain a wage decision from the Department using its Wage Decision Request form or a similar document with the same information; and b. Prior to awarding the construction contract, submit the Bidding Information and Contractor Eligibility form, or document with the same information, and obtain the Department's confirmation that the contractor is not excluded from participation in federally funded projects. 28. Pursuant to the Robert T. Stafford Disaster Assistance and Emergency Relief Act (42 U.S.C. 5155), no activity may receive assistance from these funds with respect to any cost that is reimbursable by FEMA, eligible for Small Business Administration assistance, insurance, or any other program or sources. The Recipient's project files shall document how compliance with this prohibition on duplication of benefits was determined for each activity, including sub - recipients and, for housing or other direct benefit activity, individual beneficiaries. Duplication of benefits identified during monitoring, by an audit, or other means may require repayment of duplication of benefit funds. 29. Before expending disaster recovery funds for housing rehabilitation projects, the recipient must receive prior written approval of release of funds and the file shall document damage by the applicable 2008 storm. 30. Recipients of these Disaster Recovery funds are responsible for management of all subrecipients vendors and contractors that will receive funding from this grant or will assist the Recipient in carrying out the activities funded under this grant. Recipients must take steps to ensure compliance with applicable Federal and State rules and regulations. The Recipient's monitoring must cover each program, function or activity. Site visits and any necessary review of files should be undertaken on a regular basis to ensure that projects are being carried out in a timely manner and that they comply with required rules and regulations. Recipients must report on the subrecipient, vendor and contractor progress on a quarterly basis using the Department's Quarterly Status Report developed specifically for this Disaster Recovery funding. Recipients are encouraged to develop written procedures and checklists for accomplishing such monitoring. During on -sitc visits, the Department may request documentation that reviews of subrecipients or contracted work has been monitored on a regular basis. 31. Definitions: a. Administrative Costs - Administrative cost means the payment of all reasonable costs of management, coordination, monitoring, and evaluation, and similar costs and carrying charges, related to the planning and execution of community development activities, which are funded in Contract Revised: 4/6/2010 32 Packet Page -1174- 5/24/2011 Item 16.6.5. whole or in part under the Florida Community Development Block Grant Disaster Recovery Program. Administrative costs for the 2008 Disaster Action Plan are 2.5% of the total grant award. Activity delivery cost means a cost, except engineering, that can be directly associated with, and is required for, performing a specific activity. Activity delivery costs are charged to the activity line item Engineering costs shall be charged to the engineering line item and has a separate limit. Activity delivery cost is a maximum of 5% for infrastructure and a maximum of 12% for housing activities. b. Architectural and Engineering Services - Basic services required to be performed by an architect or engineer licensed by the State of Florida including preliminary engineering, design services and services during construction except for the following: i. Site surveys for water treatment plants, sewage treatment works, dams, reservoirs, and other similar special surveys as may be required, such as route surveys. ii. Laboratory test, well tests, borings, specialized geological soils, hydraulic or other studies recommended by the engineer. iii. Property surveys, detailed description of sites, maps, drawings, or estimates related to them, assistance in negotiating for land and easement rights. iv. Necessary data and filing maps for water rights. v. Redesigns ordered by the owner after final plans have been accepted by the owner and the local govemment, except redesigns to reduce the project cost to within the funds available. vi. Appearance before courts or boards on matters of litigation or hearings related to the project. vii. Preparation of environment assessments or environmental impact statements viii. Performance of detailed staking necessary for construction of the project in excess of the control skating. ix. Provision of the operation and maintenance manual for facilities. x. Activities required for obtaining state and federal regulatory agency construction permits. xi. Design of hookups. xii. Cost of engineering specialties such as electrical; hydro geological services; biologists; and heating, ventilation, and air conditioning (HVAC). C. Authorized Signature - the original signature of the Chief Elected Official or the signature of a person who is designated by charter, resolution, code, ordinance or other official action of the local government to sign Disaster Recovery related documents. If a signature other than the Chief Elected Official is submitted, a copy of that designation must accompany that signature. d. Direct Benefit - CDBG assistance that promotes or enhances individual well -being including housing rehabilitation, sewer and water hookups, or job creation by a Participating Party. Activities that only meet a national objective through an area -wide determination do not confer direct benefit. e. Job Creation Location — is the geographic location within the project area where job creation activities of the Participating Party and expenditure of non - public funds will occur. This excludes any locations where public funds from any source are being expended for local govemient -owed infrastructure, local government owned public facilities or within public easements or rights -of- way. f. Jobs Created — means permanent jobs which were not in existence in the State of Florida prior to the provision of the disaster assistance and which would not be created without CDBG Disaster Recovery assistance. In cases where an employer both creates and eliminates jobs, "jobs — created" means the difference between the new jobs — created and the old jobs eliminated. g. Jobs Permanent — a full-time position or a full -time equivalent position (2,000 hours annually) as set forth in the application which is necessary to the overall goals and objectives of a business and Contract Revised: 4/6/2010 33 Packet Page -1175- 5/24/2011 Item 16.13.5. which has no known end, and which will be maintained by the Participating Party for a minimum of one year from natural conditions or as otherwise clarified in 24 C.F.R. 570.483(bx4). h. Jobs Retained — a permanent position which, without CDBG Disaster Recovery assistance, would be abolished by layoffs, plant closing, or other severe economic or natural conditions or as otherwise clarified in 24 C.F.R. 570A83(b)(4). i. Jurisdiction — is the corporate limits of a local government or the area over which it has zoning authority. j Liquidated Damages - funds paid to a local government by a contractor, vendor, or any other party pursuant to a pursuant to a CDBG- funded contract when such payment is triggered by nonperformance or failure to perform on their part This definition is applicable whether such funds are withheld by the local government or repaid or rebated to the local government by the contractor, vendor or third party. k. Public Notice - defined as an advertisement published in a local newspaper of general circulation at least five days, and no more than 20 days, prior to the event for which the notice was placed. of the time period shall not include the date of publication of the notice. 1. Section 3 — refers to Section 3 of the Housing and Community Development Act of 1968, as amended, as effective on 5- 23 -06, and 24 C.F.R. Part 135, as effective on 5- 23-06, relating to employment and other economic opportunities for lower income persons. M Service Area - total geographic area to be served by a sugbrant-funded activity, where at least 51 percent of the residents are low and moderate income persons. A service area will encompass all beneficiaries who are reasonably served or would be reasonably served by an activity. 32. An applicant may propose activities in other eligible jurisdictions as long as the applicant includes an executed Interlocal Agreement with their application which: i. Includes as parties all local governments whose jurisdictions are included in the project and/or service area(s); ii. Authorizes the applicant to undertake the activities in all jurisdictions included in the interlocal agreement; and iii. Affirms that all activities are consistent with each local government's comprehensive plan and provides documentation which includes applicable excerpts of each local government's comprehensive plan in the supporting documentation section of the application 33. When two jurisdictions apply for funding for a joint project supported by two subgrants, an interlocal agreement must be included in each application that indicates that the jurisdictions have agreed upon a service area, how the funding under each subgrant will be expended, and evidence that each subgrant will meet the LMI national objective. 34. Documenting LMI Benefit and National Objective: a. HUD Census Data — LMI benefit may be documented by using HUD- provided Census Data where the service area geographically corresponds with block groups, census tracts, or local government geographical limits. A sample -based survey of the beneficiaries must utilize the "Income Verification Form," Form 28.06, which must correspond with the random sampling requirements established by HUD in Notice CPD- 05 -06, as effective on 5- 23 -06. i. The survey process must verify eligibility of any proposed direct benefit activities; certify the number of projected very low, low and moderate income households and beneficiaries, and the total number of beneficiaries. Contract Revised: 4/6/2010 34 Packet Page -1176- 5/24/2011 Item 16.6.5. ii. Where the sample -based survey results substantially overstate the proportion of persons with low or moderate income in a service area, the Department will require the local government to provide supporting evidence which substantiates the survey data. If the survey results are found to be inaccurate, the application shall be rejected. iii. For surveys of service areas under 50 households, all households must be surveyed. Any non- responding household must be assumed to be above low and moderate income. The number of household members for non- responding households may be verified through third parties. iv. For activities where hookups or connections are required for beneficiary access to the public improvement, low and moderate income benefit shall be determined by the number of low and moderate income persons in households connected to and able to use the water, sewer or there infrastructure at the time of administrative closeout. 35. The applicant shall adopt and implement procedures to fulfill regulatory and statutory requirements relating to Lead -Based Paint pursuant to 24 C.F.R. 570.487, 24 C.F.R. Part 35, and Section 302 of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. Section 4822 et seq.). The applicant is required to: a. Prohibit use of lead -based paint; b. Notify potential beneficiaries of the hazards of lead -based paint; c. Inspect properties prior to initiating rehabilitation to determine if lead -based paint is present; d. Take any necessary actions to ensure the protection of workers and occupants during abatement; e. Ensure that proper cleanup and disposal procedures are used; and f. Retain records of enforcement and monitoring for at least three years. 36. At the time of submission of the closeout report, the local government must have available documentation which verifies its certification that all construction has been completed, inspected and approved by all parties prior to the subgrant agreement end date and submission of the administrative closeout. Upon completion of the activities contained in the local government's Disaster Recovery CDBG subgtant agreement, including any amendments, the local government shall submit to the Department a closeout which, at a minimum, gives the final statement of costs, certifies that the project and all non - administrative activities are completed and accepted, that all costs except those reflected on the closeout, and reflected on an enclosed final request for funds, and reports demographics of the program's beneficiaries. 37. Liquidated damages, rebates, refunds, or any other "non- program income" funds received shall be used to conduct additional eligible CDBG activities or returned to the Department. Additional direct and quantifiable costs (i.e., legal fees, court costs, engineering fees or administrative fees) generated by the incident creating the liquidated dames may be deducted from the total liquidated damages prior to undertaking additional activities or returning funds to the Department. Use of the funds for additional eligible Disaster Recovery CDBG activities must be preceded by an amendment to the contract detailing their use. Contract Revised: 4/6/2010 35 Packet Page -1177- 5/24/2011 Item 16.13.5. Grant Specific Special Conditions (If Applicable) All Affordable Rental Housing (ARH) projects (along with any required back -up documentation, including, but not limited to; Project Narratives, Budgets, Housing Assistance Plans and Subrecipient Agreements) must be identified and submitted within 90 days of the final contract execution date. In order to meet the State mandated 14% Affordable Rental Housing set - aside, at any time within the term of this Contract should Recipient be unable to 'utilize either a portion or all of their 14% Affordable Rental Housing set - aside amount, the Department reserves the right to reallocate the percentage amount unutilized to other Recipient(s). Prior to submission of this contract for execution, recipient shall attach hereto a finalized Budget and Scope of Work provided by the Department (Attachment "A" and If necessary, the Recipient shall retain sufficient administrative funds to ensure Internet access, including email, for the duration of the contract, including any time extensions. If the Recipient does not already have a computer designated to the person responsible for grant oversight, which is located in the program office and capable of Internet access, administrative funds may be used as needed to obtain, at reasonable cost, a computer to allow Internet access. Contract Revised: 4/6/2010 36 Packet Page -1178- 5/24/2011 Item 16.6.5. Attachment K Department of Community Affairs Florida Small Cities Community Development Block Grant, Disaster Recovery and Neighborhood Stabilization Programs SIGNATURE AUTHORITY FORM Submit an original Signature each contract. Funding Board y of Collier Count Cammissioners __ —,___ 0 B D D34_09- 21 -K09_ —__ _ [ ] Small Cities CDBG i Mailing Address (Street or Post Office Box) [ X] Disaster Recovery [ j Neighborhood Stabilization _ 3301._Tamiami Trail East ( City, State and Zip Code --- I Local Government DUNS # - Naples, Florida 34112 1 076997790 I Project Contact Person ! Telephone # s E -mail Address Marcy Krumbine, Director t Collier County Housing and Human ; 239- 252 -8442 marcvkrumbine0collieroov.net ! _Services _ f Financial Contact Person — Telephone # — E -mail Address Terri Daniels, Accounting Supervisor, Collier county Housing 239- 252 -2689 terridanielsOcollieraov.net and Human Services Requests for Funds (RFFs) require (check one); [X] one signature [ ] two signatures of individuals authorized below. RFFs must be submitted via email in a odf format from the email address of one of the individuals listed below. RFFs submitted from other email addresses will not be processed by the Department. ! Typed Name i Date Signature , !Frank Ramsey, ^Housin�Manager ___ __ 125/2010 ? _ [ X ] Check here if above person is authorized to submit RFFs- i E -mail Address frankramsevacollie ov.net j Typed Name Date Signature r . Vsa Oien, Grants Coordinator S/ 2010 ar [ X] Check here if above person is authorized to submit RFFs E -mail Address Iisaoientla col l!eMov. net — — I Typed Name Date S. re ` i Jac -quely uel n DeSear ' Accountant _ _ _ ! 5/25/2010_ - — -- - [ ] Check here if above person is authorized to submit RFFs mail Address - , jacau I n r oilier ov.n— �— I certify, as the recipient's Chief Elected Official, that the above signatures are of the individuals authorized to sign Requests for Funds and to submit RFFs electronically. ! Typed Name Fred W. Coyle, Chairman Board of Collier County Commissioners [X] Check here if your local government utilizes Date I Signature Electronic Funds Transfer (EFT),from the State of Florida. [X] Check here if your local government will be working on a reimbursement basis. U CDBG payments to local governments using EFTare automatically deposited in the local government's general account. If the t account is interest bearing, the CDBG funds must be transferred to a non - interest bearing account. Please call the CDBG Program at 850/922-1878 or 487 -3644 if you have questions. You can check the status of your deposit at the Comptroller's website: http:/ /flalr.dbf.state.fl.us /. Loca/govemments notreceiving EFT, and not working on a reimbursement basis, must establish a non - interest bearing account. —{ Provide account information for the financial institution (insured by FDIC) below. All signatures on the account must be bonded. Name of Financial Institution — — Account Number !_ _ -- ----- --- - - - - -- - —_ -� .------- - - - - -- __ .- - -- - -._._ Telephone Number . - -- e� Fifth Third Bank 113 -8577 _* Street Address or Post Office Box -- - — 999 Vanderbilt Beach Road 239-591-6397 City, State and Zip Code . Naples, Florida 34108 a � d As.- to.farm - Iaaal.sufficiencv - -- — _ _ Colleen Green6, Assistant Cot infi, ntt^rnov Packet Page -1179- Attss ' eiw chi Irum ill I III 5--z1,// C(3S- '° 12/ 41 1685 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST 'JUN 2 3 2010 THOMAS G.PELHAM Governor Secretary CERTIFIED MAIL—RETURN RECEIPT REQUESTED The Honorable Fred W. Coyle • Chairman,Collier County Board of County Commissioners 3301 E Tamiami Trail Naples,FL 34112 Re: Disaster Recovery Community Development Block Grant(CDBG)Program Contract#10-DB-D4-09-21-01-K09,Collier County Dear Chairman Coyle: We are pleased to return your executed Disaster Recovery CDBG Award Agreement with the Department of Community Affairs (DCA). The Agreement must be retained in your official CDBG files and made available for public review upon request. Please note the following instructions before beginning your project: • Do not incur or obligate more than $15,000 in expenses until you complete an environmental review of the project and receive a release of funds notice from the Department. You may incur up to $15,000 in administrative costs to cover the environmental review and other start-up activities. • Your contract contains performance related Program Conditions (Attachment J, that must be met before funds for construction may be drawn. Special Conditions, if applicable, are also reflected in Attachment J. Review your contract immediately and begin the process of meeting applicable program or special conditions. • Enclosed are copies of the Quarterly Report Form, Request for Funds Form, Section 3 Summary Report and Minority Business Enterprise Report (with instructions). Use these forms to report accomplishment data,request funds and to report contractual activities. The Department cannot process a payment request for an amount less than $5,000 (unless it is the final payment). 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FL 32399-2100 Phone: 850-488-8466/SUNCOM 278-8466 Fax: 850-921-0781/SUNCOM 291-0781 Website: www.dca.state.fl.us COMMUNITY PLANNING AREAS OF CRITICAL STATE CONCERN FIELD OFFICE HOUSING AND COMMUNITY DEVELOPMENT Phone:850-488-2356/SUNCOM 278-2356 Phone:305-289-2402 Phone:850-488-7956/SUNCOM 278-7956 Fax:850-488-3309/SUNCOM 278-3309 Fax:305-289-2442 Fax:850-922-5623/SUNCOM 292-5623 ,. 16B5 <; : 2.: . STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS Contract Number: 10-DB-D4-09-21-01-K09 CFDA Number: 14.228 Rule: Emergency Rule 9BER09-2 Community Development Block Grant Program FFY 2008 Disaster Recovery Program Agreement THIS AGREEMENT is entered into by the State of Florida,Department of Community Affairs,with headquarters in Tallahassee,Florida(hereinafter referred to as the"Department"),and Collier County Commission,3301 E Tamiami Trail,Naples,Florida,34112,(hereinafter referred to as the"Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein;and B. The Department has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below;and C. The Department has statutory authority to disburse the funds under this Agreement. THEREFORE,the Department and the Recipient agree to the following: (1) SCOPE OF WORK The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A, the Activity Work Plan, Attachment I of this Agreement and the Florida Small Cities Community Development Block Grant(CDBG)Application submitted by the Recipient on January 13,2010,including future amendments to this Subgrant Agreement that are agreed upon by both parties.. (2) INCORPORATION OF LAWS,RULES,REGULATIONS AND POLICIES The Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations,including those identified in Attachment B. (3) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties,and shall end twenty-four(24)months after the last signed date, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. Contract extensions will not be granted unless Recipient is able to provide substantial justification and the Division Director approves such extension. Contract Revised: 4/6/2010 1 (4) MODIFICATION OF CONTRACT 16 F .,,.✓ Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing,signed by each of the parties,and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable,Recipient's performance under this Agreement shall be subject to the federal OMB Circular No. A-102, "Common Rule: Uniform Administrative Requirements for State and Local Governments" or OMB Circular No. A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No.A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial(for-profit)organization on a cost-reimbursement basis,the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of six years from the date the audit report is issued,and shall allow the Department or its designee,the State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure that audit working papers are available to them upon request for a period of six years from the date the audit report is issued, unless extended in writing by the Department. The six year period may be extended for the following exceptions: 1. If any litigation, claim or audit is started before the six year period expires, and extends beyond the six year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at$5,000 or more at the time it is acquired shall be retained for six years after final disposition. 3. Records relating to real property acquired shall be retained for six years after the closing on the transfer of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A-and all other applicable laws and regulations. (d) The Recipient,its employees or agents,including all subcontractors or consultants to be paid from fluids provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable"shall ordinarily mean during normal business hours of 8:00 a.m.to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. Contract Revised: 4/6/2010 2 16 1.3 (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles,to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the Department. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m.to 5:00 p.m.,local time,Monday through Friday. (c) The Recipient shall provide the Department with the records,reports or fmancial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,as revised,will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6(d)above,the Recipient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A-133,as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133,as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non- Federal funds. (e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient to The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee,Florida 32399-2100 [also send an electronic copy to aurilla.parrish @dca.state.fl.us] and Department of Community Affairs Community Development Block Grant Disaster Recovery Program 2555 Shumard Oak Boulevard Tallahassee,Florida 32399-2100 Contract Revised: 4/6/2010 3 Send the Single Audit reporting 1 6 B g eport g package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.html and to any other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f),OMB Circular A-133,as revised. (f) Pursuant to Section .320(f), OMB Circular A-133, as revised, the Recipient shall send a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor,to the Department at the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee,Florida 32399-2100 [also send an electronic copy to aurilla.parrish @dca.state.fl.us] and Department of Community Affairs Community Development Block Grant Disaster Recovery Program 2555 Shumard Oak Boulevard Tallahassee,Florida 32399-2100 (g) By the date due, send any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement in accordance with OMB Circular A-133,Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General,as applicable. (h) Recipients should state the date that the reporting package was delivered to the Recipient when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. (i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement,the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Department has notified the Recipient of such non-compliance. (j) The Recipient shall have all audits completed by an independent certified public accountant(IPA), either a certified public accountant or a public accountant licensed under Chapter 473,Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Department no later than nine months from the end of the Recipient's fiscal year. (7) REPORTS (a) The Recipient shall provide the Department with monthly reports and a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in Contract Revised: 4/6/2010 4 166 5 . completing the work described in the Scope of Work and the expenditure of funds under this Agreement,in addition to any other information requested by the Department. (b) Monthly reports are due to the Department on the last day of each month of the program year and shall be sent each month until submission of the administrative close-out report. (c)The close-out report is due 45 days after termination of this Agreement or 45 days after completion of the activities contained in this Agreement,whichever first occurs. (d) If all required reports and copies are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take other action as stated in Paragraph(11)REMEDIES. "Acceptable to the Department"means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide additional program updates or information that may be required by the Department. (f) The Recipient shall provide additional reports and information identified in Attachment D. (8) MONITORING The Recipient shall monitor its performance under this Agreement,as well as that of its subrecipients, subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods,and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement,and reported in the quarterly report. In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures may include,but not be limited to, on-site visits by Department staff,limited scope audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement,and shall hold the Department harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Department,but is an independent contractor. (b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Contract Revised: 4/6/2010 5 i6B5 Department, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT If any of the following events occur("Events of Default"),all obligations on the part of the Department to make further payment of funds shall, if the Department elects, terminate and the Department has the option to exercise any of its remedies set forth in Paragraph(11). However, the Department may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Department is or becomes false or misleading in any respect,or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Department and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement,and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Department. (c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect,incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) REMEDIES If an Event of Default occurs,then the Department may,upon thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days,exercise any one or more of the following remedies,either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice of such termination. The notice shall be effective when placed in the United States, first class mail,postage prepaid,by registered or certified mail return receipt requested,to the address set forth in paragraph(13)herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Department any monies used for ineligible purposes under the laws,rules and regulations governing the use of these funds. (e) Exercise any corrective or remedial actions,to include but not be limited to: 1. request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, Contract Revised: 4/6/2010 6 B5 2. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advise the Recipient to suspend,discontinue,or refrain from incurring costs for any activities in question,or 4. require the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible. (f) Exercise any other rights or remedies which may be otherwise available under law. (g) Pursuing any of the above remedies will not keep the Department from pursuing any other remedies in this Agreement or provided at law or in equity. If the Department waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient,it will not affect,extend or waive any other right or remedy of the Department, or affect the later exercise of the same right or remedy by the Department for any other default by the Recipient. (12) TERMINATION (a) The Department may terminate this Agreement for cause with thirty days written notice. Cause can include misuse of funds,fraud,lack of compliance with applicable rules,laws and regulations,failure to perform in a timely manner, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119,Fla.Stat.,as amended. (b) The Department may terminate this Agreement for convenience or when it determines, in its sole discretion,that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds,by providing the Recipient with thirty calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment shall state the effective date of the termination and the procedures for proper close-out of the Agreement. (d) In the event that this Agreement is terminated,the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Department because of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Department from the Recipient is determined. (13) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. Contract Revised: 4/6/2010 7 16zj (b) The name and address of the Division contract manager for this Agreement is: Audrine Finnerty Department of Community Affairs Division of Housing and Community Development 2555 Shumard Oak Boulevard Tallahassee,Florida 32399-2100 Telephone: (850)410-0587 Fax: (850)922-5609 Email: audrine.finnertyt )dc a.state.fl.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: (Name) : Marcy Krumbine (Address) : 3301 E Tamiami Trail, Naples, Florida 34112 Telephone: (239) 252-8442 Fax: (239) 252-2638 Email: marcykrumbine @colliergov.net (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as stated in(13)(a)above. (14) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department for review and approval. The Recipient agrees to include in the subcontract that(i)the subcontractor is bound by the terms of this Agreement,(ii)the subcontractor is bound by all applicable state and federal laws and regulations,and(iii)the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether that subcontractor is a minority vendor,as defined in Section 288.703,Fla.Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully. Contract Revised: 4/6/2010 8 16B5 B5 (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments,the language of the attachments shall control,but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments(check all that are applicable): ® Exhibit 1 -Funding Sources • Attachment A—Budget and Scope of Work ® Attachment B—Program Statutes and Regulations ❑ Attachment C—Recordkeeping(N/A) ® Attachment D—Reports ❑ Attachment E—Justification of Advance(N/A) ® Attachment F—Warranties and Representations ® Attachment G—Certification Regarding Debarment ❑ Attachment H—Statement of Assurances(N/A) ® Attachment I—Activity Work Plan ® Attachment J—Program and Special Conditions ® Attachment K—Signature Authorization Form (17) FUNDING/CONSIDERATION (a) The funding for this Agreement shall not exceed $9,963,208.00, subject to the availability of funds. (b) The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement,and the Subgrant Application. (c) All funds shall be requested in the manner prescribed by the Department. The authorized signatory for the Recipient as set forth on the Signature Authorization Form,Attachment K to this Agreement,must approve the submission of each Request for Funds(RFFs)on behalf of the Recipient. (d) Pursuant to 24 C.F.R. Section 570.489(b), pre-agreement costs reflected in the Subgrant Application as originally submitted that relate to preparation of the Subgrant Application are considered eligible costs and may be reimbursed to the Recipient,if they are otherwise in compliance with all other requirements of the Agreement. (e) Funds expended for otherwise eligible activities prior to the effective date of the Agreement, except for those provided for in this Agreement or prior to the effective date of the enabling amendment wherein the Department agrees to their eligibility,fundability,or addition to the Agreement,or a separate letter authorizing such costs,are ineligible for funding with CDBG funds. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer, or under subparagraph(19)(h)of this Agreement, all obligations on the part of the Department to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Department. Contract Revised: 4/6/2010 9 16B 5 (18) REPAYMENTS All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of"Department of Community Affairs"and mailed directly to the Department at the following address: Department of Community Affairs Cashier Fiscal Management 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2),Fla. Stat., if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of Fifteen Dollars($15.00)or Five Percent(5%) of the face amount of the returned check or draft,whichever is greater. (19) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations,and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Department request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall,at the option of the Department and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable,then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the term of this Agreement. (d) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act(Public Law 101-336, 42 U.S.C. Section 12101 et seq.) and the Florida Civil Rights and Fair Housing Acts (sections 760.01 —760.37, Florida Statutes), which prohibit discrimination by public and private entities on the basis of disability in employment,public accommodations,transportation,state and local government services,and telecommunications. (f) A person or organization who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or Contract Revised: 4/6/2010 10 1685 repair of a public building or public work,may not submit bids on leases of real property to a public entity,may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity,and may not transact business with any public entity in excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a 5-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(federal, state or local)transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery, falsification or destruction of records,making false statements,or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal,state or local)with commission of any offenses enumerated in paragraph 19(g)2.of this certification;and 4. have not within a 5-year period preceding this Agreement had one or more public transactions (federal,state or local)terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification,then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to the Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" (Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. Such form must be received by the Department before the Recipient enters into a contract with any subcontractor. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat.or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (j) Any bills for travel expenses shall be submitted in accordance with Section 112.061,Fla.Stat. (k) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119,Fla.Stat.,which the Recipient created or received under this Agreement. (1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement,any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. Contract Revised: 4/6/2010 11 m The State of Florida 6 y ( ) Fonda will not intentionally award publicly funded contracts to any contractor who knowingly employs unauthorized alien workers,constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A (e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat.)with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119,Fla. Stat. (20) LOBBYING PROHIBITION (a) No funds or other resources received from the Department under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies,by its signature to this Agreement,that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract,grant,loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." 3. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Contract Revised: 4/6/2010 12 1685(21) COPYRIGHT,PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Department for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books,manuals, films,or other copyrightable material are produced,the Recipient shall notify the Department. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph(b),have the right to all patents and copyrights which accrue during performance of the Agreement. (22) LEGAL AUTHORIZATION. The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. (23) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment H. Contract Revised: 4/6/2010 13 l6B5 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FEDERALLY FUNDED SUBGRANT AGREEMENT SIGNATURE PAGE Contract Number: 10-DB-D4-09-21-01-K09 IN WITNESS WHEREOF, the x arties have p executed this Agreement by their duly authorized officers on the day,month and year set forth below. COLLIER COUNTY COMMIS' uN DEPARTMENT 1M�nENNT OF O MUNITY AFFAIRS By: � - 1 �_ . Date: 05/25/2010 By: /I Al rd A,04 Date: �l JtO (•uthorized Signature (Authorized Signature) Fred W. Coyle Type Name: (Print Name) /A i�1 Kid tson Title: Chairman Titl Director,Division of Housing&Community Development 4444.i sSi Stcu+ Seu Qf'/ FederalTaxlD# 59-6000558 DUNS# 076997790 Approved as to form&legal sufficiency Ci'� �:x at aGc2.-• Colleen Greene, Assistant County Attorney ATTEST:.v:i `:,`t ro•Is 1 4 gnstUr ; Contract Revised: 4/6/2010 14 EXHIBIT—1 95 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT: Separately list the following information for each federal program from which the resources awarded to the Recipient originate: Community Development Block Grant Program Federal agency U.S.Department of Housing and Urban Development Catalog of Federal Domestic Assistance title: Community Development Block Grants/State's Program and Nonentitlement Grants Catalog of Federal Domestic Assistance#: 14.228 Award amount: $9,963,208.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: Separately list each applicable compliance requirement(eligible activities,service,or commodities;eligible recipients;etc.)and sped to which federal program each requirement applies: Compliance Requirement Program 1. The Recipient will fully perform the obligations in accordance with the Community Development Budget and Scope of Work, Attachment A of this Agreement, the Block Grant Disaster subgrant application incorporated herein by reference, and 24 C.F.R, Recovery Program Subpart I,Sections 570.480—570.497. The Recipient shall be governed by 290.401-409, F.S., Rule 9 B-43, F.A.C. and Federal Laws, rules and regulations, including but not limited to those identified in Attachments B and J Contract Revised: 4/6/2010 15 eg NOTE:Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the Recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example,for Federal Program 1, the language may state that the Recipient must comply with specific laws, rules, or regulations that pertain to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law,rule, or regulation referred to. NOTE: For federal programs included in Exhibit 1, Section .400(d) of OMB Circular A-133, as revised requires, and for state projects included in Exhibit 1, Section 215.97(5)(a), Florida Statute, requires the information in Exhibit 1 to be provided to the Recipient. Contract Revised: 4/6/2010 16 Attachment A �+ 6 B 1 Scope of Work and Budget Contract Revised: 4/6/2010 17 16B5 4 W U OppC 17l Z LL W cc 0 = O DI m 0 0 3 N O O O O O O O O O O O O n n O LL LD O O 1 O C1 I■ 00 0 0 O 000 - O 0 N 0 0000 ,--� N W uI a o o M o rns N M 01 fg 0 m w v� wwU U W Z Q J O O O O 0 Q m M 4• W O UI IA Tr LLLA O Z gN N N Lff W 1-1 4 U w H C W O o• Z m f U 00 N M N LA N W M co c m w z Lri GC a W O. 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E W — N N ka d W m M X 0 1 _ W U y z . ai y in E a ‘1' :- N co • O Z L 4 U = I- a y LL N Z V) -J (0 W Q a) E `� re E 4 U 0 W a) a Z a � °�' co 2 z y W LU p U J O C W 0 = C J Z Z ' 4 E 0 L Q (7 Cl)a1 O f ca 0 w 0_ Q O 0 re u. m E ix W ' 0 p m La •• F S 0 N a) Z N m NI O O w 03 Y W C Z N E o m E E c � } c W LL W Q ; 1685 4 § U ka) & a) E z < 2 k § k 2 4 § K § a Lu o ce a) ee _ « G ° S 7 o z Ln o LID 4 \ - 0 � o $ 0 _ Z _ c u. 2 csr U) iu § e E >- ) -0 ) ] k « — k Z \ us o § 0 a §« C o � »0 R3 u § f tn ILI GO GO i al ° 2 E * 2 I- C13 a) Z z j j CO 3 X X LU CA z E a 0 z § k 4 L.L. « U) 4 2 0 Ce E 4 t § � 5 e it,§ r 2 / - § 2 \ 2 - \ » § z 7 § 4 o [ « § o z / } \ 0 ƒ 0 < � — = A 0 0 > as m CO e E 17 $ = 5 co — 4 c 0 Z 0 u RS RS 2 ct z E co < 0 _ f 3 > § < L e k � \ k � 0 ~ ■ 0 8 a S IJL 2 4 oz 4c - o o � � oiu U, ao 4 � � < Z \ 0PLu ce 0z I- _ § 1- /A M 5 g a) § � < z d - o 0 —I j _ a � ( \ G ] � § m ° § mI- F E e o - -._-_1 z o � 0 = = 00 CO 4 w 0 « _ U) 44 _ _ WII- Z W 1665 U, U) 4) U 2 O Q N C Z .4 N U, N W ° =ILI a 2 m O W °' N N O O O O Z O Co in J 2 0 ti In Lfl tD -c X 404 t0 (2 N -O o iR iPr iPr C °D E O in U W N W 4 -D Cd a ° N LL W O Z L F- LIJ W O L f U W c W O c6 CO Z H N CC Ln O O 3 - CD 0 N N E d Z W (6 W m = X w U • cn z 1-1 a' uS Z O O co F- y 4 W co N 4 N ✓ Z 8 4 L` W r N O a z a) w L U d' C7 CU =, W N 64 to) N L N W N — J O w 0 O Z a E Q o z o 0 co 0 C N Q w n. a cc Ur N u. W III 0 o m - o U E = a m Q C — z N N !r] ~ N = O W U• m Ce W E O O I- W t U) O W Q W H n' z O > Q EO w O o i U O U m W i IL N U~ g QN Z O QW H I.- V N OZ cn 0 4CD- m W O ■-■ a 4 W cCOZ � 4-) .0 H gp 0 O E 1-1 U - 6 Q z O u. O 0 0 N 4 .�.Q W O Q = {n 4 4 _ N) } H Z • 16B5 Attachment B State and Federal Statutes and Regulations By signature of this Agreement, the local government hereby certifies that it will comply with the following applicable federal and state requirements: State and Federal Statutes and Regulations 1. Community Development Block Grant Disaster Recovery 32. The Solid Waste Disposal Act,as amended by the Resource Emergency Rule 9BER09-2; Conservation and Recovery Act of 1975(42 U.S.C.,s.6901 2. Florida Small and Minority Business Act, s. 288.702- et.seq.); 288.714,F.S.; 33. Noise Abatement and Control: Departmental Policy 3. Florida Coastal Zone Protection Act,s.161.52-161.58,F.S.; Implementation,Responsibilities,and Standards,24 C.F.R. 4. Local Government Comprehensive Planning and Land Part 51,Subpart B; Development Regulation Act,Ch.163,F.S.; 34. Flood Disaster Protection Act of 1973,P.L.92-234; 5. Title I of the Housing and Community Development Act of 35. Protection of Historic and Cultural Properties under HUD 1974,as amended Programs,24 C.F.R.Part 59; 6. Treasury Circular 1075 regarding drawdown of CDBG 36. Coastal Zone Management Act of 1972,P.L.92-583; funds 37. Architectural and Construction Standards; 7. Sections 290.0401-290.049,F.S.; 38. Architectural Barriers Act of 1968,42 U.S.C.4151; 8. Rule Chapter 9B-43,Fla.Admin.Code.; 39. Executive Order 11296, relating to evaluation of flood 9. Department of Community Affairs Technical hazards; Memorandums; 40. Executive Order 11288,relating to prevention,control and 10. HUD Circular Memorandums applicable to the Small Cities abatement of water pollution; CDBG Program; 41. Cost-Effective Energy Conservation Standards, 24 C.F.R. 11 Single Audit Act of 1984; Part 39; 12. National Environmental Policy Act of 1969 and other 42. Section 8 Existing Housing Quality Standards, 24 C.F.R. provisions of law which further the purpose of this Act; Part 882; 13. National Historic Preservation Act of 1966(Public Law89- 43. Coastal Barrier Resource Act of 1982; 665)as amended and Protection of Historic Properties(24 44. Federal Fair Labor Standards Act,29 U.S.C.,s.201 et.seq.; C.F.R.Part 800); 45. Title VI of the Civil Rights Act of 1964 - Non- 14. Preservation of Archaeological and Historical Data Act of discrimination; 1966; 46. Title VII of the Civil Rights Act of 1968 - Non- 15. Executive Order 11593 - Protection and Enhancement of discrimination in housing; Cultural Environment; 47. Age Discrimination Act of 1975; 16. Reservoir Salvage Act; 48. Executive Order 12892-Fair Housing 17. Safe Drinking Water Act of 1974,as amended; 49. Section 109 of the Housing and Community Development 18. Endangered Species Act of 1958,as amended; Act of 1974,Non-discrimination; 19. Executive Order 12898-Environmental Justice 50. Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R. 20. Executive Order 11988 and 24 C.F.R.Part 55-Floodplain Part 8; Management; 51. Executive Order 11063-Equal q Opportunity in Housing; 21. The Federal Water Pollution Control Act of 1972, as 52. Executive Order 11246-Non-discrimination; amended(33 U.S.C.,s.1251 et.seq.); 53. Section 3 of the Housing and Urban Development Act of 22. Executive Order 11990-Protection of Wetlands; 1968,as amended-Employment/Training of Lower Income 23. Coastal Zone Management Act of 1968,as amended; Residents and Local Business Contracting; 24. Wild and Scenic Rivers Act of 1968,as amended; 54. Uniform Relocation Assistance and Real Property 25. Clean Air Act of 1977; Acquisition Policies Act of 1970, P.L., 100-17, and 49 26. HUD Environmental Standards(24 C.F.R.Part 58); C.F.R.Part 24; 27. Farmland Protection Policy Act of 1981; 55. Copeland Anti-Kickback Act of 1934; 28. Clean Water Act of 1977; 56. Hatch Act; 29. Davis-Bacon Wage Rate Act; 57. Title N Lead-Based Paint Poisoning Prevention Act 30. Contract Work Hours and Safety Standards Act of 1962,40 (42 U.S.C.,s.1251 et.seq.); U.S.C.s.327 et.seq.; 58. OMB Circulars A-87,A-102,A-122,and A-133,as revised; 31. The Wildlife Coordination Act of 1958,as amended; 59. Administrative Requirements for Grants,24 C.F.R.Part 85; 60. Section 102 of the Department of Housing and Urban Development Reform Act of 1989 and 24 C.F.R.Part 12. Contract Revised: 4/6/2010 18 16B5 ATTACHMENT C RECORDKEEPING N/A Contract Revised: 4/6/2010 19 16 B5 Attachment D Reports The following reports must be completed and submitted to the Department in the time frame indicated. Failure to timely file these reports constitutes an event of default,as defined in Paragraph(10)of this Agreement. 1. The Contractual Obligation and MBE Report must be submitted to the Department by April 15 and October 15 annually. The form must reflect all contractual activity for the period. If no activity has taken place during the reporting period,the form must indicate"no activity". 2. A Quarterly Progress Report must be submitted to the Department on the last day of the month on the report form provided by the Department. 3. The Administrative Closeout Package must be submitted to the Department forty-five (45) days after the Agreement termination date. 4 In accordance with OMB Circular A-133,revised, should the Recipient meet the threshold for submission of a single or program specific audit, the audit must be conducted in accordance with OMB Circular A-133 and • submitted to the Department no later than nine (9) months from the end of the Recipient's fiscal year. If the Recipient did not meet the audit threshold, a certification must be provided to the Department no later than nine(9) months from the end of the Recipient's fiscal year. 5. The Section 3 Summary Report must be completed and submitted to the Department by July 31 annually. The form must be used to report annual accomplishments regarding employment and other economic opportunities provided to persons and businesses that meet Section 3 requirements. 6. Request for Funds must be completed on the Department's Request for Funds form and submitted in a pdf format via email by an authorized signatory. Requests for Funds received via email will only be accepted from an email address that is reflected on the Signature Authority form. The Request for Funds must be submitted to the following departmental email address:disasterrecovery(cdca.state.fl.us Contract Revised: 4/6/2010 20 l6B5 ATTACHMENT E JUSTIFICATION OF ADVANCE PAYMENT N/A Contract Revised: 4/6/2010 21 l6B5 Attachment F Warranties and Representations Financial Management Recipient's financial management system must include the following: (1) Accurate,current and complete disclosure of the financial results of this project or program. (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays,income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate,fmancial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition All procurement transactions shall be done in a manner to provide open and free competition.The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage,contractors that develop or draft specifications,requirements,statements of work,invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Contract Revised: 4/6/2010 22 1665 5 Codes of Conduct The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts.No employee,officer,or agent shall participate in the selection,award,or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family,his or her partner,or an organization which employs or is about to employ any of the parties indicated,has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,employees,or agents of the Recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site at all reasonable times for business. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m.to 5:00 p.m.,local time,Monday through Friday. Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. Contract Revised: 4/6/2010 23 1685 Attachment G Certification Regarding Debarment,Suspension,Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, (name of subcontractor), certifies, by submission of this document,that neither it nor its principals is presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Contractor's subcontractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. (Sub-Contractor's Name) (Recipient's Name) Date: (Authorized Signature) 10-DB-D4-09-21-01-K09 (Print Name and Title) (DCA Contract Number) (Street Address) (City,State,Zip) Contract Revised: 4/6/2010 24 16B5 ATTACHMENT H STATEMENT OF ASSURANCES N/A Contract Revised: 4/6/2010 25 16B ATTACHMENT I ACTIVITY WORK PLANS Contract Revised: 4/6/2010 26 _ U Si- 16B5 22 ± 22 o 0 2 "" Cl. - - o a) o .- ® = I Ik ^ EA < C . E 69 2c o � 016 7 ± � R » k7 CII ' E 3 &'3 q « M ° &) 1') � § � I ER� 2 46 2 2a 2 kaE>W \ a_ ® u O CO .2 .E" ca\ c o E - o o % W Cl O T k � � E D 2 ._ . , + / U a 2 E S c « o % c 2 m @ » & a) $ a R /± Kf k w \ \ k k E% k / Y I— Oit 02 & § c 4-= -a 77 . 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Prior to the obligation or disbursement of any funds, except for administrative expenses not to exceed Fifteen Thousand Dollars ($15,000),but in any case, no later than ninety-days(90)from the effective date of this Agreement,the Recipient shall complete the following: a. Comply with procedures set forth in 24 C.F.R.Part 58,Environmental Review Procedure for Title I Community Development Block Grant Programs and 40 C.F.R. Section 1500-1508, National Environmental Policy Act Regulations. When this condition has been fulfilled to the satisfaction of the Department,the Department will issue a Release of Funds. b. Submit to the Department copies of all required policies and procedures that have been adopted by the local government but were not provided at the time of original Application. Also, unless submitted with the grant application, submit an executed copy of the required inter-local Agreement if more than one local government will receive funding under this contract. c. The documentation required in paragraph 2 below for any professional services contract associated with activities funded under this grant. 2. For each procured and executed professional services contract for which Disaster funding will be requested, or within five (5) days of the execution of any yet to be procured professional services for which Disaster funding will be requested,submit a copy of the procurement documents listed below. The recipient proceeds at it's own risk if it incurs or expends any funds for a professional services contract before the Department reviews and approves the procurement. a. Public notice of the terms of the request for proposals in a newspaper of regional circulation, including affidavit of publication; b. List of entities to whom a notification of the request for proposals was provided by email, U.S mail or by fax; c. List of firms that submitted a proposal(only if short-listing procedure was used); d. Completed short-listing evaluation / ranking forms, including any ranking summary document, and document transmitting the short-listed firms to the commission(only if short-listing procedure used); e. Completed final evaluation/ranking forms; f. Portion of commission minutes dealing with contract award; g. Cost breakout from selected firm used for completion of the cost analysis (if pricing information was not submitted with proposals); h. Contract(signed or proposed); i. Truth-in-Negotiation certification(if not in the contract)for engineering contracts over$150,000; j. If a protest was filed,a copy of the protest and documentation of resolution; k. A request for the Department's approval of a single source procurement if only one firm was considered and the contract exceeds$25,000; 1. If a regional planning council or local government is performing the services, submit only a copy of the contract and cost analysis information. Contract Revised: 4/6/2010 27 16p 3 The Recipient shall not enter into a contract to be paid with Disaster funds based on a sole source or single proposal procurement action without prior written approval from the Department. Failure to secure the prior written approval shall relieve the Department of any obligation to fund the said procurement contract, including any payments previously made. If professional services procurement will not be undertaken, advise the Department. 4. For any activity that requires construction plans and specifications prepared by an engineer or architect: a. Provide to the Department a copy of all engineering specifications and construction plans. The Recipient shall also furnish the Department,prior to soliciting bids or proposals, a copy of all bid documents for all services and/or materials to provide those services and/or materials for all construction activities when the bids are expected to exceed$25,000. These submissions are for the limited purpose of identifying the extent of the activities to be accomplished with Disaster funds under this Agreement, and inclusion of program requirements, and in no way does it indicate that the Department has conducted a technical review of, or approved the plans or other bidding documents; b. The Recipient shall not publicize any request for bids for construction purposes or distribute bid packages until the Department has provided to the Recipient, written acceptance of the engineering specifications,construction plans,and bid documents;and c. In any service area which requires construction plans and specifications prepared by an engineer or architect,no more than twenty-five percent(25%)of the grant administration amount allocable to that service area may be requested until the construction plans and specifications for that service area have been received for review by the Department. For the purpose of this condition, the allocable grant administration amount for each service area is calculated by first determining each service area's percentage of total project costs, excluding administrative costs, and then multiplying the service area's percentage of total project costs by the total administrative budget. This calculation results in a percentage of total administrative costs per service area based on each service areas percentage of the grants total project costs,excluding administrative costs. 5. Any procurement which requires public notice in a newspaper (except as otherwise provided for in this contract)shall be published in a daily newspaper of general circulation in a nearby Office of Management and Budget(OMB) designated metropolitan statistical area(MSA).Alternatively, a local government may substitute such notice with a combination of local newspaper publication and mailed announcements to potential bidders, which generates at least three responsible and responsive bids or proposals. Such publication and/or mailing shall allow at least 12 days for receipt of the proposals or bids. a. The Department must provide written permission prior to the local government awarding any contract exceeding $25,000 procured as a result of inadequate competition, a sole source or noncompetitive procurement. For contracts below $25,000, the local government's files must document the justification for such noncompetitive procurement which complies with 24 C.F.R. 85.36(b)(4). b. All contracts for professional services shall conform to the following: i. Any Request for Proposals which includes more than one service shall provide that: Proposals may be submitted for one or more of the services; qualifications and proposals shall be separately stated for each service; The evaluation of the proposals shall be separate for each service. ii. A written evaluation, such as a ranking sheet or narrative, shall be prepared for each proposal,ranking or comparing each proposal to the criteria in the published Request for Proposals. Based on those criteria, the written evaluation will document why the successful proposal was selected. iii. A separate professional services contract must be procured and executed between the local government and any professional services consultant for each particular CDBG subgrant and each service. Each advertisement for procurement of CDBG professional Contract Revised: 4/6/2010 28 1685 services, except for subgrant application preparation, must identify either the CDBG subgrant cycle by federal fiscal year or the CDBG subgrant cycle by federal fiscal year or the CDBG subgrant agreement to which it is applicable. iv. Each professional services contract must reference the CDBG subgrant agreement to which it is applicable. c. If CDBG and other sources of funding are being jointly used to fund activities under a single contract, the activities to be paid for with CDBG funds must be shown separately in the bid proposal so that the CDBG activities and the amount of the contract to be paid from CDBG funds are identifiable. d. If,after applying any specified deductive alternates, construction bids exceed available funds, the local government shall not negotiate with the low bidder unless there is only one bidder or all bidders are allowed to submit revised bids for the revised project. e. If the construction cost can be reduced by deleting entire line items or reducing quantities based on unit prices identified in the bid, the effect of such deletions or reductions on all bidders' prices shall be determined. Contract award shall be made to the low, responsive and responsible bidder for the revised project. f. All contracts in excess of$100,000 covered by Section 3 regulations shall contain the language required in 24 C.F.R. 135.38. 6. Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(URA),as amended,and: a. Disaster funds will not be used for the cost of acquisition, the Recipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition,including notice to the property owner of their rights under URA, invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, statement of settlement costs, copy of deed, waiver of rights (for donations), as applicable. The documentation shall be submitted within 45 days of acquiring the property and prior to advertising for construction bids for any activity that required the acquisition. b. Disaster funds will be used for the cost of acquisition,the Recipient shall document completion of all pre-acquisition activities by submitting all documentation required for a desk monitoring of those activities, including notice to the property owner of their rights under URA, invitation to accompany the appraiser,all appraisals,offer to the owner,acceptance,contract for sale,waiver of rights (for donations), and estimated settlement costs, as applicable. The documentation shall be submitted to the Department for review prior to closing on the property. A copy of the final statement of settlement costs and a copy of recorded deed, with any required deed restrictions,shall be submitted within 45 days of the acquisition. 7. Payment for the acquisition of property, right-of-way, or easement must be approved in writing by the Department prior to distribution of funds. Should the Recipient fail to obtain Department approval, any portion of the cost of the acquisition exceeding Fair Market Value as established in the Housing and Urban Development(HUD) Handbook 1378 shall not be paid with Disaster funds. Furthermore, if grant funds are used for acquisition, the requirements of 24 CFR 570.83 (e) (2) regarding final use or disposition shall be met. 8. If grant funds are used for acquisition of property for, or infrastructure in support of, LMI housing construction, construction of the housing must be completed and LMI benefit documented during the sub- grant period. Contract Revised: 4/6/2010 29 1685 9. No payment from the Department shall be for an amount less than$5,000,unless it is a local government's final request for funds. Additionally, all funds requested from the department must be expended within 3 days of receipt. 10. If the project involves installation of new sewer lines, or a new sewer treatment plant funded (partially or wholly) from Disaster funds and new sewer lines funded by another source, the Recipient shall document notification to appropriate households of the requirement in Section 381.00655(1), Fla. Stat. (1995)to hookup to the sewer system within 365 days of its availability. (Note that the notification is to be provided at least one year prior to the anticipated availability of the system.) Special assessments or impact fees cannot be charged to households that are to be hooked-up to a water or sewage system. 11. The maximum percentage of subgrant funds allowed for architectural and engineering costs shall be based on the subgrant activities which require architectural design and engineering and shall not exceed the Rural Development(RD)Rural Utility Service(RUS)fee schedule(Form RD 1942-19)in Florida RUS Bulletin 1780-9, which can be obtained from the Department, and which is incorporated herein by reference. a. If more than one design professional is needed for an activity or activities (e.g., a landscape architect in addition to an engineer for sidewalk construction in a Commercial Revitalization project), the local government shall not exceed the appropriate RD/RUS fee curve for each activity covered by each design professional negotiated separately. For projects involving both Table I and II activities, engineering costs shall be pro-rated appropriately. The Department will not fund or reimburse costs of engineering activities that are not eligible under the Rural Utilities Service(RUS)fee schedule or those costs that exceed the RUS rates. 12. The Recipient, by executing this Agreement, certifies that program income received and retained by the local government before closeout of the grant will be used to continue grant activities in compliance with all applicable requirements of 25 C.F.R. Section 570.489(e). The amount of program income earned and expended must be reported to the Department on a quarterly basis. 13. The Recipient shall annually undertake an activity to affirmatively further fair housing pursuant to 24 C.F.R. Section 570.487(b)(4). Annually shall be defined as an activity for each year or one-third thereof from the effective date of the contract to the date of submission of the administrative closeout. 14. A deed restriction shall be recorded on any real property or facility acquired with Disaster funds. This restriction shall limit the use of that real property or facility to the use stated in the Application and that title shall remain in the name of the Recipient. Such deed shall be made a part of the public records in the Clerk of Court of the County in which the Recipient is located. Any future disposition of that real property shall be in accordance with 24 C.F.R. Section 85.31. Any future change of use shall be in accordance with 24 C.F.R.Section 570.489(j). 15. The Recipient shall conduct all public hearings relating to this Agreement and performance hereunder in a location that is accessible to physically handicapped persons or make such accommodations as necessary to provide for active participation of handicapped persons desirous of attending such public hearings. 16. All amendments to the activities contained in the application, including proposed new activities must be approved by the Department in writing prior to the date of initiation of that activity or the execution of any contract with any third party relating to such activity. The Department reserves the right to require that an activity meeting the Low to Moderate Income(LMI)national objective be replaced with another activity meeting the LMI national objective if the original activity can not be completed. 17. All requests for subgrant amendments shall include the following written documentation for review by the Department: Contract Revised: 4/6/2010 30 16 B5 a. A cover letter signed by the Chief Elected Official or his or her designee which describes the need for the proposed changes and their effect upon the approved project. b. All application forms that would be changed by the proposed amendment. c. If applicable, a revised activity work plan; a revised budget showing the current and amended budget; If there is a change in activity location, a legible map which indicates the proposed change. d. If applicable,a copy of the minutes of the meeting of the Citizen's Advisory Task Force(CATF) when the proposed amendment was reviewed. e. If applicable, a copy of the public notice of the public notice for the public hearing at which the amendment was approved. f. Signature of the Chief Elected Official on Modification Form DCA 07.02. g. The amendment must be received by the Department at least 45 days prior to the end of the subgrant agreement. If the amendment is extending the subgrant agreement period, it must be received by the Department at least 90 days prior to the end of the subgrant agreement. h. If the local government requests administrative closeout prior to the termination date of the subgrant agreement, any amendment affecting closeout and requiring Department approval must be included with the closeout. Any proposed amendment extending the termination date of the subgrant agreement must be approved by the Department. The local government must explain any delay affecting project completion and must justify the need for the extension. 18. The Recipient shall comply with the historic preservation requirements of 24 C.F.R. 58.17 and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and with all other environmental regulatory requirements. 19. Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. Section 570.489(g). Conflicts of interest relating to acquisition or disposition of real property; Disaster fmancial assistance to beneficiaries, businesses, or other third parties; or any other financial interest, whether real or perceived, shall be addressed pursuant to 24 C.F.R. Section 570.489(h). 20. The Recipient shall maintain records of its expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the contracted budget line items by service area contracted activity as defined on Attachment A,Budget and Scope of Work,and on Attachment I,Activity Work Plans. 21. If an activity is designed by an engineer,architect, or other licensed professional, it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. This certification shall be accomplished prior to submission of an administrative closeout package,and a copy of the certification shall be submitted with the administrative closeout package. 22. If, as a result of a site visit, the Department identifies any issues affecting the eligibility for funding any activity in the application, the local government shall provide information necessary to establish eligibility for the activity under the Disaster Recovery initiative program requirements or replace the activity with a new activity meeting program requirements. 23. Following demolition of a structure on private property,the local government shall place a lien against the real property for the cost of demolition. If the lien is not recorded against the real property, then the demolition cost is not an eligible cost under the grant. A lien is not required when the demolition is needed for residential reconstruction completed during the sub-grant period. A copy of the lien shall be maintained in the project files. When the lien is paid, the funds shall be treated as program income in accordance with CDBG regulations in 24 CFR 570. 24. For any activity performed as an"urgent need,"the project files shall document that the activity meets the requirements of 24 CFR 570.483 (d) to qualify under the "urgent need" national objective. For these disaster recovery funds,the"threat to health or welfare"portion of the requirements may be established in Contract Revised: 4/6/2010 31 1685 the context of the 2008 hurricane season damage. The Recipient must submit an appropriate and properly completed National Objective Form, including attachments; to the Department for review and approval before funds may be drawn down to implement those activities. A copy of the approved National Objective Form must be maintained in the sub-grant file. 25. If grant funds are used for the"slum and blight"national objective,the Recipient must submit a National Objective Form,including attachments,to the Department for review and approval before funds may be drawn down to implement those activities. Before approval, the project files must document that the activity took place in an area officially designated as "slum" or"blighted" and meets HUD requirements for"slum and blight"on an area basis,or"slum and blight"on a"spot blight"basis. A copy of the approved National Objective form must be maintained in the sub-grant file. 26. For activities where hookups or connections are required as a condition for beneficiary access to a Disaster Recovery funded public improvement,no hookup or connection fees shall be charged to very- low, low or moderate-income beneficiaries. 27. For any construction contract that requires payment of prevailing wages under the Davis-Bacon and Related Acts(DBRA), the Recipient shall take the following actions so that the Department may meet its DBRA tracking and reporting requirements to HUD for these funds: a. Obtain a wage decision from the Department using its Wage Decision Request form or a similar document with the same information;and b. Prior to awarding the construction contract,submit the Bidding Information and Contractor Eligibility form,or document with the same information,and obtain the Department's confirmation that the contractor is not excluded from participation in federally funded projects. 28. Pursuant to the Robert T. Stafford Disaster Assistance and Emergency Relief Act (42 U.S.C. 5155), no activity may receive assistance from these funds with respect to any cost that is reimbursable by FEMA, eligible for Small Business Administration assistance, insurance, or any other program or sources. The Recipient's project files shall document how compliance with this prohibition on duplication of benefits was determined for each activity, including sub-recipients and, for housing or other direct benefit activity, individual beneficiaries. Duplication of benefits identified during monitoring,by an audit, or other means may require repayment of duplication of benefit funds. 29. Before expending disaster recovery funds for housing rehabilitation projects, the recipient must receive prior written approval of release of funds and the file shall document damage by the applicable 2008 storm. 30. Recipients of these Disaster Recovery funds are responsible for management of all subrecipients vendors and contractors that will receive funding from this grant or will assist the Recipient in carrying out the activities funded under this grant. Recipients must take steps to ensure compliance with applicable Federal and State rules and regulations. The Recipient's monitoring must cover each program, function or activity. Site visits and any necessary review of files should be undertaken on a regular basis to ensure that projects are being carried out in a timely manner and that they comply with required rules and regulations. Recipients must report on the subrecipient,vendor and contractor progress on a quarterly basis using the Department's Quarterly Status Report developed specifically for this Disaster Recovery funding. Recipients are encouraged to develop written procedures and checklists for accomplishing such monitoring. During on-site visits, the Department may request documentation that reviews of subrecipients or contracted work has been monitored on a regular basis. 31. Definitions: a. Administrative Costs - Administrative cost means the payment of all reasonable costs of management, coordination, monitoring, and evaluation, and similar costs and carrying charges, related to the planning and execution of community development activities, which are funded in Contract Revised: 4/6/2010 32 1685 whole or in part under the Florida Community Development Block Grant Disaster Recovery Program. Administrative costs for the 2008 Disaster Action Plan are 2.5% of the total grant award. Activity delivery cost means a cost, except engineering, that can be directly associated with, and is required for,performing a specific activity. Activity delivery costs are charged to the activity line item. Engineering costs shall be charged to the engineering line item and has a separate limit. Activity delivery cost is a maximum of 5% for infrastructure and a maximum of 12%for housing activities. b. Architectural and Engineering Services - Basic services required to be performed by an architect or engineer licensed by the State of Florida including preliminary engineering, design services and services during construction except for the following: i. Site surveys for water treatment plants, sewage treatment works, dams, reservoirs, and other similar special surveys as may be required,such as route surveys. ii. Laboratory test,well tests,borings,specialized geological soils,hydraulic or other studies recommended by the engineer. iii. Property surveys, detailed description of sites, maps, drawings, or estimates related to them,assistance in negotiating for land and easement rights. iv. Necessary data and filing maps for water rights. v. Redesigns ordered by the owner after final plans have been accepted by the owner and the local government, except redesigns to reduce the project cost to within the funds available. vi. Appearance before courts or boards on matters of litigation or hearings related to the project. vii. Preparation of environment assessments or environmental impact statements viii. Performance of detailed staking necessary for construction of the project in excess of the control skating. ix. Provision of the operation and maintenance manual for facilities. x. Activities required for obtaining state and federal regulatory agency construction permits. xi. Design of hookups. xii. Cost of engineering specialties such as electrical; hydro geological services; biologists; and heating,ventilation,and air conditioning(HVAC). c. Authorized Signature - the original signature of the Chief Elected Official or the signature of a person who is designated by charter, resolution, code, ordinance or other official action of the local government to sign Disaster Recovery related documents. If a signature other than the Chief Elected Official is submitted,a copy of that designation must accompany that signature. d. Direct Benefit - CDBG assistance that promotes or enhances individual well-being including housing rehabilitation, sewer and water hookups, or job creation by a Participating Party. Activities that only meet a national objective through an area-wide determination do not confer direct benefit. e. Job Creation Location—is the geographic location within the project area where job creation activities of the Participating Party and expenditure of non-public funds will occur.This excludes any locations where public funds from any source are being expended for local government-owed infrastructure, local government owned public facilities or within public easements or rights-of- way. f. Jobs Created—means permanent jobs which were not in existence in the State of Florida prior to the provision of the disaster assistance and which would not be created without CDBG Disaster Recovery assistance.In cases where an employer both creates and eliminates jobs,"jobs— created"means the difference between the new jobs—created and the old jobs eliminated. g. Jobs Permanent—a full-time position or a full-time equivalent position(2,000 hours annually)as set forth in the application which is necessary to the overall goals and objectives of a business and Contract Revised: 4/6/2010 33 16p 5 which has no known end, and which will be maintained by the Participating Party for a minimum of one year from natural conditions or as otherwise clarified in 24 C.F.R.570.483(b)(4). h. Jobs Retained — a permanent position which, without CDBG Disaster Recovery assistance, would be abolished by layoffs,plant closing,or other severe economic or natural conditions or as otherwise clarified in 24 C.F.R.570.483(b)(4). i. Jurisdiction—is the corporate limits of a local government or the area over which it has zoning authority. j Liquidated Damages - funds paid to a local government by a contractor, vendor, or any other party pursuant to a pursuant to a CDBG-funded contract when such payment is triggered by nonperformance or failure to perform on their part. This definition is applicable whether such funds are withheld by the local government or repaid or rebated to the local government by the contractor,vendor or third party. k. Public Notice-defined as an advertisement published in a local newspaper of general circulation at least five days,and no more than 20 days,prior to the event for which the notice was placed. of the time period shall not include the date of publication of the notice. 1. Section 3 — refers to Section 3 of the Housing and Community Development Act of 1968, as amended, as effective on 5-23-06, and 24 C.F.R. Part 135, as effective on 5-23-06, relating to employment and other economic opportunities for lower income persons. m. Service Area-total geographic area to be served by a sugbrant-funded activity, where at least 51 percent of the residents are low and moderate income persons. A service area will encompass all beneficiaries who are reasonably served or would be reasonably served by an activity. 32. An applicant may propose activities in other eligible jurisdictions as long as the applicant includes an executed Interlocal Agreement with their application which: i. Includes as parties all local governments whose jurisdictions are included in the project and/or service area(s); ii. Authorizes the applicant to undertake the activities in all jurisdictions included in the interlocal agreement;and iii. Affirms that all activities are consistent with each local government's comprehensive plan and provides documentation which includes applicable excerpts of each local government's comprehensive plan in the supporting documentation section of the application 33. When two jurisdictions apply for funding for a joint project supported by two subgrants, an interlocal agreement must be included in each application that indicates that the jurisdictions have agreed upon a service area, how the funding under each subgrant will be expended, and evidence that each subgrant will meet the LMI national objective. 34. Documenting LMI Benefit and National Objective: a. HUD Census Data—LMI benefit may be documented by using HUD-provided Census Data where the service area geographically corresponds with block groups,census tracts,or local government geographical limits. A sample-based survey of the beneficiaries must utilize the "Income Verification Form,"Form 28.06,which must correspond with the random sampling requirements established by HUD in Notice CPD-05-06,as effective on 5-23-06. i. The survey process must verify eligibility of any proposed direct benefit activities;certify the number of projected very low, low and moderate income households and beneficiaries,and the total number of beneficiaries. Contract Revised: 4/6/2010 34 1685 ii. Where the sample-based survey results substantially overstate the proportion of persons with low or moderate income in a service area, the Department will require the local government to provide supporting evidence which substantiates the survey data. If the survey results are found to be inaccurate,the application shall be rejected. iii. For surveys of service areas under 50 households,all households must be surveyed. Any non-responding household must be assumed to be above low and moderate income. The number of household members for non-responding households may be verified through third parties. iv. For activities where hookups or connections are required for beneficiary access to the public improvement, low and moderate income benefit shall be determined by the number of low and moderate income persons in households connected to and able to use the water,sewer or there infrastructure at the time of administrative closeout. 35. The applicant shall adopt and implement procedures to fulfill regulatory and statutory requirements relating to Lead-Based Paint pursuant to 24 C.F.R. 570.487, 24 C.F.R. Part 35, and Section 302 of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Section 4822 et seq.). The applicant is required to: a. Prohibit use of lead-based paint; b. Notify potential beneficiaries of the hazards of lead-based paint; c. Inspect properties prior to initiating rehabilitation to determine if lead-based paint is present; d. Take any necessary actions to ensure the protection of workers and occupants during abatement; e. Ensure that proper cleanup and disposal procedures are used;and f. Retain records of enforcement and monitoring for at least three years. 36. At the time of submission of the closeout report,the local government must have available documentation which verifies its certification that all construction has been completed, inspected and approved by all parties prior to the subgrant agreement end date and submission of the administrative closeout. Upon completion of the activities contained in the local government's Disaster Recovery CDBG subgrant agreement, including any amendments, the local government shall submit to the Department a closeout which,at a minimum,gives the final statement of costs,certifies that the project and all non-administrative activities are completed and accepted, that all costs except those reflected on the closeout, and reflected on an enclosed final request for funds,and reports demographics of the program's beneficiaries. 37. Liquidated damages, rebates, refunds, or any other "non-program income" funds received shall be used to conduct additional eligible CDBG activities or returned to the Department. Additional direct and quantifiable costs (i.e., legal fees, court costs, engineering fees or administrative fees) generated by the incident creating the liquidated dames may be deducted from the total liquidated damages prior to undertaking additional activities or returning funds to the Department. Use of the funds for additional eligible Disaster Recovery CDBG activities must be preceded by an amendment to the contract detailing their use. Contract Revised: 4/6/2010 35 16 65 Grant Specific Special Conditions(If Applicable) All Affordable Rental Housing (ARH) projects (along with any required back-up documentation, including, but not limited to; Project Narratives, Budgets, Housing Assistance Plans and Subrecipient Agreements) must be identified and submitted within 90 days of the final contract execution date. In order to meet the State mandated 14% Affordable Rental Housing set-aside, at any time within the term of this Contract should Recipient be unable to utilize either a portion or all of their 14% Affordable Rental Housing set-aside amount, the Department reserves the right to reallocate the percentage amount unutilized to other Recipient(s). Prior to submission of this contract for execution, recipient shall attach hereto a finalized Budget and Scope of Work provided by the Department (Attachment "A" and "A-1"). If necessary, the Recipient shall retain sufficient administrative funds to ensure Internet access, including email, for the duration of the contract, including any time extensions. If the Recipient does not already have a computer designated to the person responsible for grant oversight, which is located in the program office and capable of Internet access,administrative funds may be used as needed to obtain,at reasonable cost, a computer to allow Internet access. Contract Revised: 4/6/2010 36 16B5 ATTACHMENT K SIGNATURE AUTHORIZATION FORM Contract Revised: 4/6/2010 37 16 B5 4 Attachment K Department of Community Affairs Florida Small Cities Community Development Block Grant,Disaster Recovery and Neighborhood Stabilization Programs SIGNATURE AUTHORITY FORM Submit an original Sganature Authority Form with each contract._ Recipient Contract# Funding Source Board of Collier County Commissioners ` 10-DB-D34-09-21-K09 [ ]Small Cities CDBG Mailing Address(Street or Post Office Box) [X]Disaster Neighborhood h Recovery rabilization 3301 Tamiami Trail East City, State and Zip Code ; Local Government DUNS # Naples, Florida 34112 076997790 Project Contact Person Telephone# 1 E-mail Address Marcy Krumbine, Director Collier County Housing and Human 239-252-8442 ' marcykrumbine(@colliergov.net Services Financial Contact Person ; Telephone# 1 E-mail Address Terri Daniels,Accounting Supervisor, Collier county Housing i 239-252-2689 i terridaniels(acolliergov.net and Human Services Requests for Funds(RFFs) require (check one);/X]one signature[ ]two signatures of individuals authorized below. RFFs must be submitted via email in a D d f format from the email address of one of the individuals listed below. RFFs submitted from other email addresses will not be processed by the Department. Typed Name Date Signature Frank Ramsey, Housing Manager _ 125/2010 _ ' [X]Check here if above person is authorized to submit RFFs i E-mail Address frankramseypa colliergov.net Typed Name I Date f Signature Lisa Oien,Grants Coordinator 5/25/2010 LI? y [X]Check here if above person is authorized to submit RFFs ; E-mail Address lisaoien(a-colliergov.net- Typed Name Date SpoRkire '--' \\ : Jacquelyn DeSear,Accountant 5/25/2010 \ .a'\ [ ]Check here if above person is authorized to submit RFFs 1 E-mail Address i jacauelvndesear@icollieraov.ne I certify,as the recipient's Chief Elected Official,that the above signatures are of the individuals authorized to sign Requests for - Funds and to submit RFF's electronically. - Typed Name Date Si Ted Fred W. Coyle,Chairman. ......A.4_60,k,„\j Board of Collier County Commissioners 5/25/2010 [X]Check here if your local government utilizes Electronic Funds Transfer(EFT)from the State of Florida. [X]Check here if your local government will be working on a reimbursement basis. • CDBG payments to local governments using EFTare automatically deposited in the local government's general account. If the account is interest bearing,the CDBG funds must be transferred to a non-interest bearing account. Please call the CDBG Program at 850/922-1878 or 487-3644 if you have questions. You can check the status of your deposit at the Comptroller's website: http://flair.dbf.state.fl.us/. Local governments not receiving EFT,and not working on a reimbursement basis,must establish a non-interest bearing account. Provide account information for the financial institution (insured by FDIC) below. All signatures on the account must be bonded. • Name of Financial Institution Account Number Fifth Third Bank 113-8577 ,.' i b-. ��-— y Street Address or Post Office Box Telephone Number vpR(t• 999 Vanderbilt Beach Road 239-591-6397 -,i, City,State and Zip Code '•Naples,Florida 34108 r,. ed as to-form-&-legal_sufficiency_ --:1,-'-it:-.2--,- ..r 0 ) I/I/ , i/ i% / 1 , . „., - . c �!�,! Colleen Gree 4- Assistant County Attorney Attest it,`L 'p;Nit►1111M g 4 1 fnat a ma.d 16 B5 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE GRIST THOMAS G.PELHAM Governor Secretary APR 1 5 2010 The Honorable Fred W.Coyle r `c 1_, Chairman,Collier County Board of County Commissioners �F n 3301 E Tamiami Trail y .-'.110 Naples, FL 34112 Re: Disaster Recovery Community Development Block Grant(CDBG)Program Contract#10-DB-D4-09-21-01-K09, Collier County Dear Chairman Coyle: I am pleased to inform you that your application for the 2008 Community Development Block Grant Disaster Recovery Program funds in the amount of $9,963,208.00 is approved for funding. I congratulate you on preparing an application that addresses your community's disaster recovery needs. To facilitate the execution of your award, please sign the enclosed Agreement and complete the required forms. The Agreement and forms must be returned to the Department by no later than, Close of Business on May 31,2010. Directions for completing the forms are provided. If it is necessary for your local government to approve this Agreement during a full commission meeting, we recommend that your staff initiate the procedure for adding this item to the next agenda as soon as possible. Failure to meet the May 31, 2010 deadline may impact our ability to award the referenced funds to your community. The Department has assembled a Disaster Recovery team dedicated to assisting our communities with successful implementation of their recovery projects. We welcome your questions and requests for assistance. If you require assistance,please contact Audrine Finnerty, Community Assistance Consultant, by phone at(850)410-0587 or by e-mail at audrine.finnerty@dca.state.fl.us. Sincerely W eq n . Dupree,Comm nity Programs Manager ma •'ties CDBG,Disaster Recovery and ei: ••rhood Stabilization Programs JWD/af Enclosures cc: Marcy Krumbine, Director, Housing and Human Services Administration Frank Ramsey, Housing Manager, Housing and Human Services Administration Lisa Oien,Grant Support Specialist, Housing and Human Services Administration 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FL 32399-2100 Phone: 850-488-8466/SUNCOM 278-8466 Fax: 850-921-0781/SUNCOM 291-0781 Website: www.dca.state.fl.us COMMUNITY PLANNING AREAS OF CRITICAL STATE CONCERN FIELD OFFICE HOUSING AND COMMUNITY DEVELOPMENT Phone:850-488-2356/SUNCOM 278-2356 Phone:305-289-2402 Phone:850-488-7956/SUNCOM 278-7956 Fax:850-488-3309/SUNCOM 278-3309 Fax:305-289-2442 Fax:850-922-5623/SUNCOM 292-5623