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Agenda 06/14/2011 Item #16B1 I~;""t; . . . 6/14/2011 Item 16.8.1. EXECUTIVE SUMMARY Recommendation to the Board of County Commissioners to approve a budget amendment authorizing the lmmokalee Community Redevelopment Agency to commit $212,000 of CDBG Grant Award # CD 1O~66 for FY2010-2011, Job Creation Project, to Fund 715 for the lmmokalee Business Development Center (IBDC). L OBJECT:JVE:: To obtain Board of County Commissioner (BCC) approval of a budget amendment a:uthorizing the commitment of $212,000 of CDBG Grant Award # CD 10-66 for FY2010-2011, Job Creation Project, to Fund 715 for the Immokalee Business Development Center (IBDC). CONSIDERATIONS: On March 9, 2010, the BCC, acting as the Community Redevelopment agency (CRA) approved the creation of the Immokalee Business Development Center (IBDC). On October 26, 2010, the BCC approved and authorized the Chainnan to sign ten (10) Subrecipient Agreements for CDBG and HOME projects previously approved for BUD funding in the 2010-2011 Action Plan. One of the 10 Agreements (Award # CD 10-66 for FY2010-2011) was to the Community Redevelopment Agency in Immokalee (CRA) in the amount of $212,000 for a Job Creation Project within the IBDC. FISCAL IMPACT: Upon approval of this Budget Amendment, funds for the implementation of the grant will be available in Fund 715 and will not exceed $212,000 over a period of two years. CONSISTENCY WITH GROWTH MANAGEMENT PLAN: 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, trm'lSportation, 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" LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney and is legally sufficient for Board approval, which requires majority SUppOlt. -JAK RECOMMENDATION: That the Board of County Commissioners to approve a budget amendment authorizing the Immokalee Community Redevelopment Agency to commit $212,000 of CDBG Grant Award # CD 10-66 for FY2010-2011, Job Creation Project, to Fund 715 for the Immokalee Business Development Center (IBDC). PREPARED BY: Penny Phillippi, Executive Director, CRA - Immokalee 1 Packet Page -1276- ...', '" . . 6/14/2011 Item 16.8.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.B.1. Item Summary: Recommendation to the Board of County Commissioners to approve a budget amendment authorizing the Immokalee Community Redevelopment Agency to commit $212}000 of CDSG Grant Award # CD 10-66 for FY2010-2011, Job Creation Project, to Fund 715 for the Immokalee Business Development Center (IBDC). Meeting Date: 6/14/2011 Prepared By Name: PhillippiPenny Title: Executive Director, lmmokalee CRA, 5/4/201112:18:32PM Submitted by Title: Executive Director, lmmokalee CRA, Name: PhiIIippiPenny 5/4/2011 12:18:34 PM Approved By Name: KlatzkowJeff Title: County Attorney, Date: 5/13/2011 4:01 :31 PM Name: FoordMarlene Title: Grant Development & Mgmt Coordinator, Grants Date: 5/27/20112:18:19 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/27/2011 3:48:59 PM Name: KJatzkowJeff Title: County Attorney, Da.te: 6/1/2011 8:05:51 AM Packet Page -1277- IIJ!\t7" , .~""'" . . . 6/14/2011 Item 16.8.1. Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 6/6/2011 ] 0:23:37 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/6/2011 ] 1:16:19 AM Nan1e: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 6/6/2011 11 :41 :19 AM Packet Page -1278- . '<' COIU1-~';F~V H-,:f~~ --~~~;;~~~~ """" ,.. ~ . D'" . li..'n ~.~~,"'" ,....~".....-..... '... ,~_.......,.. 1.i - 'u!lJjG';" ~~.;~ V\l~~,~ '~\.!~1\J;. H 6/14/2011 Item 16.8.1. f~CUS!rlig~ t1r~rtiean & \l~te!ran Sf~rV~O~$ November 17, 2010 Ms. Penny S. Phillippi, Executive Director Collier County Community Redevelopment Agency-Immokalee CRA 310 Alachua Street lmmokalee, F1 34142 Dear Ms. Phillippi, RE: Your Community Development Block Grant (CDBG) lmmokalee Business Development Center (IBDC) Job Creation Project CDIO-06 for FY2010-2011 On behalf of Collier County~ I am pleased to enclose an executed subrecipient agreement between Collier County and the Community Redevelopment Agency of Collier County (eRA) for TWO HUNDRED NTELVE THOUSAND DOLLARS AND 00 CENTS . ($212.000) to work with approximately eight (8) small size micro-enterprise firms which will create a minimum of 5 low/moderate employment opportunities/positions to qualifying LMI persons in Collier County. Each subrecipient will be asked to coordinate a one-on-one with me to review the terms of the subrecipient agreement. Please contact me to schedule an appointment. In the meantime, please feel free to contact me at (239) 252-5713 for assistance or information regarding any reference to this agreement. Sincerely, ~~ Rosa Munoz Grants Coordinator t~c>sa.h<!!l.mc;zlrr\cQ',!lierJ1ov .!1::t Enclosures: 1 . y~';~~!!=-~!!!!~~!!!!~!!=-~, I . c~ C~~,~~ 1:;::':~..2-:V ,'T':;;~*-,.-_~~.:.~ :!.~::",.: ~ ~:~.-;!.~' ,< j~n'.", -, ;;;::-'J ;;,,:i.i{:;;~ ~:;,;J;', :~~;g,,;'};:,: Pa cket Page -12 79- ;;=:-c:~~~i is N'::".l;'y' '".~'v c;0''"'iF" i1,~;i'>=.',.",." 6/14/2011 Item 16.8.1. AGREEMENT BETWEEN COLLIER COUNTY AND COM1\11ffllTY REDEVELOP:MENT AGENCY (CRA) IMMOKALEE JOB CREATION - BUSINESS liNCUBATOR PROJECT Catalog of Federal Domestic Assistance # 14.218 lillD Grant # B-IO-UC-12-0016 TIDjl AGREEMENT is made and entered into by and betwe~n Collier County, a political subdivision of the State of Flori~ (" COUNTY"), and the "Collier County Community Redevelopment Agency (CRA) -Immokalee" a public entity created by Collier County pursuant to Chapter 16t Florida Statutes, having its principal offic,e at 310 Alachua Street, Immokalee, FL 34142, and its ~ederal Tax Identification number as 59-600055& & DUNS #, 076997790, ("SUBRECfPIENT"). I "rmREAS, the COUNTY has entered into an agreement with the United States Department of Housing I and Urban Development (HUD) for a grant for the execution and implementation of a Community( Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housmg and Community Development Act of 197 4 (as amended); and 4REAS, pursuant to fue aforesaid agreement, COUNTY is undertaking certain activities to primarily Benefit low and moderate income persons and neighborhoods and to alternatively use commUnit~~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 improveme ts, public facilities, and other activities which are related to neighborhood/community improveme ts; to improve the condition of life for persons who require physical access or other services th t meet their individual needs; and to provide for long range community improvements by assessing Jbent conditions and planning long range improvement programs as described in the Consolidat1d Plan submission; and I 'VJtEREAS, the Board of County Commissioners of Collier County approved the Collier County Cf' solidated Plan - One-Year Action Plan for Federal Fiscal Year 2010-2011 for ti,e CDBG Program ith Resolution 2010-85 on April 27, 201O-Agenda Item 16D15; and ,V I REAS, Resolution 08-121 was developed following the Collier County Consolidated Pian - c,en Participation Plan, adopted on Janmny 9, 2001 wifu Resolntion 01-02; and '~REAS' HUD has approved the County's Consolidated Plan One-Year Action Plan for Federal Fi cal Year 2010-2011 for the CDBG Program and the use of the CDBG funds for the activities i entified in the Plan; and I "-7J1EREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit lA" of this Agreement, in accord with the approved Consolidated Plan; and 'V~AS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertalGnrs of the CDBG Program as a valid and worthwhile County purpose. I 2010 CDBG (tDlO-{)6) Immokalee C Job Creation- ' usiness Incubator Page 1 of 28 Packet Page -1280- . . I '- . 6/14/2011 Item 16.8.1. . 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. (C) "HHVS" means Collier County Department of Housing, Human and Veteran Services. (D) "HHVS's Approval" means the written approval of the Department of Housing, Human and Veteran Services or designee. CE) "SUBRECIPIENT" means the Collier County Community Redevelopment Agency (CRA) Immokalee. (F) <'HOD" 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 HOO. CH) "Project" means the work to be performed as set forth in Exhibit "A." II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHVS, perfoffi1 the tasks necessalY to conduct the program outlined in Exhibit "A." . ill. TIl\IE OF PERFORMANCE The effective date of the Agreement between HUD and Collier County shall be July 1,2010. The services of the SUB RECIPIENT shall be undertaken and completed in light ofthe purposes ofthis Agreement. Subrecipients are authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to HHVS prior written approval. In any event, all services required hereunder shall be completed by the SUB RECIPIENT prior to June 15,2012. Any funds 110t obligated by the expiration date oftlus Agreement shall automatically revert to the COUNTY. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by tbe COUNTY using ffiJD funding for allowable costs, detennined by COUNTY, in an amount not to exceed EIGHTY SIX THOUSAI\1D DOLLARS AND NO CENTS CU. S. $86,000.00) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be perfonned 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 ,,,ith the lowest responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by IDIVS, which shall have access to all records and documents related to the project. . 2010 CDBG (CD 1 0-06) Immokalee CR.1\. Job Creation-Business Incubator Page 2 of28 Packet Page -1281- 6/14/2011 Item 16.8.1. I The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon . completion ~r 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 ~ work progresses but not more frequently than once per month. Payment "Will be made upon receip~ of a proper invoice and in compliance with 9 218.70, Fla. Stat., othelvlise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHVS. I I v. NOTICES Allhotices required to be given under this Agreement shall be sufficient when delivered to HHVS at itk office, presently located at 3301 E Tanuami Trail, Bldg H, Suite 211. Naples, Florida 34112, and ~o the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. I VI. GENERAL CONDITIONS A. I IMPLEMENT A DON OF PROJECT ThelSUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State. and qounty laws, ordinances and codes and with the procedures outlined in HHVS' Policies and Procedmes memoranda. Sho ld a project receive additional funding after the commencement of this Agreement, the SUBREC lENT shall notify HHVS in writing within thirty (30) days of receiving notification from . the fundin source and submit a cost allocation plan for approval by HHVS or its designee within forty-five ( 5) days of said official notification. B. DEBARMENT The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, Iproposed for debannent, declared ineligible, or voluntarily excluded from participation in this transadtion by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly d baned or suspended from participating in this covered transaction. C. LOCAL AND FEDERAL RULES. REGULATIONS AND LAWS The SUB RECIPIENT agrees to comply with any applicable laws, ordinances. regulations and orders of1~ State, local and Federal governments, including, but not limited to: 1. 24 CFR 570, as amended - The regulations governing the expenditure of Community I Development Block Grant (CDBG) funds_ 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 2010 CDBG (aD 10-06) Immokalee cRiA Job Creation.~usiness Incubator . Page 3 of28 Packet Page -1282- . 3. 4. 6/14/2011 Item 16.8.1. TitIe VI of the 1984 Civil Rights Act, 42 USC g 2000d, et. seq. 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. 8. 9. 10. 11. -. 12. . 6. Title VII of tile 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. Age Discrimination Act of 1975. Contract Work Hours and Safety Standards Act, 40 USC 327-332. Section 504 oftlle Rehabilitation Act of 1973, 29 USC 776(b)(5). Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 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 flIDded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c)). 13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 14. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 15. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 16. OM:B Circular A-133 - concerning annual audits. 17.0MB Circular A-122 - which identifies cost pdnciples. 18. 24 CFR 84 - UnifOlm Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 2010 CDBG (CDlO-06) lrnrnokalee CRA Job Creation-Business Incubator Page 4 of 28 Packet Page -1283- 19. 6/14/2011 Item 16.8.1. 24 CFR 85- Unifonn 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 Ill, 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 temlS of ail 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 ofthe Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing tbe more strict or costly obligation under the Contract Documents upontlle 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 tlns Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of SUBRECIPIENT with full decision-making autbority and by C01JNTY'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 SUB RECIPIENT 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 COUlt order requiring mediation under ~ 44.102, Fla. Stat. . 2010 CDBG ( DlO-06) Immokalee ci}A Job Creation- : usiness Incubator Page 5 of 28 Packet Page -1284- . . . 6/14/2011 Item 16.8.1. 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 \vith the temlS 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 ofthe 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 Wlitten approval of the HHVS or its designee. E. AJJEND11ENTS TIlis Agreement, and any exhibit or attachment, may be amended only by written agreement executed by the governing boards of bothparties. except that Comlty representative(s) may approve adjustments between line item amounts, scope c1adfications, 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 COlmty Purchasing Policy and Administrative Procedmes in effect at the time such modifications are authorized. F. INDEMNIFICATION To the mmcimum 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 constmed to negate, abridge or reduce any other rights or remedies which othelwise may be available to an indemnified party or person described in this paragraph. Ibis 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. GR.ANTEE RECOGl\TITION All facilities purchased or constlucted pursuant to tIns Agreement shall be clearly identified as to ftmding source. TIle SUB RECIPIENT 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 effOlt 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 2010 CDBG (CDlO-06) Immokalee CRA Job Creation-Business Incubator Page 6 of 28 Packet Page -1285- 6/14/2011 Item 16.8.1. projects funBed by HHVS. This design concept is intended to disseminate key information regarding the develop~ent team as well as Equal Housing Opportunity to the general public. The construction . sign shall cdmply with applicable County codes. I H. I TERMJNATION I In erent of tennination for any of the reasons identified in sub-sections 1-3 as follows, all finished or limfinished documents, data studies,.surveys, drawings, maps, models, photographs, reports prepared, aid capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be retbed to RHVS 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 SUBRECI~IENT for set-off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is detennlned. I JI 1. TERMINA nON FOR CAUSE If t ,'ough any cause either party shall fail to fulfill in timely and proper mamler its obligations under this 4,.greement, 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 giv~g written notice of such termination to the other party and specifying therein the effective date of termination. (See 24 CFR 85.43.) I I I 2. TE~fiNATIONFORCON\~NffiNCE At .by time during the term of this Agreement, either party may, at its option and for any . reason, tenbnate this Agreement upon ten (10) working days written notice to the other party. Upon terminationl the COUNTY shall pay the SUB RECIPIENT for services rendered pursuant to this AgreementlthroUgh and including the date oftermination. (See 24 CFR 85.44.) 1 3. TERMINATION DUE TO CESSATION In he event the grant to the COUNTY under Title I of the Housing and Community Developm nt Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or tenninat~d effective on the date that HUD specifies. L I INSURANCE SUBRECIPIENT shall obtain and carry, at all times during its performance under the Contract DocumentJ, insurance of the types and in the amounts described herein and further set forth in Exhibit "B" to this IAgreement. . J. SUBRECIPIENT LIABILITY OBLIGATION Compliance with the insurance requirements in Exhibit ''B'' shall not relieve the I SUBRECIPIENT of its liability and obligation under tins subsection or under any subsection of this 2010 CDBO (I DIO-Q6) . lmmokalee c~ Job Creation-~usiness Incubator Page 7 of28 Packet Page -1286- . . . 6/14/2011 Item 16.8.1. 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 perio~ but not in the manner presclibed 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 SUB RECIPIENT 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 SUB RECIPIENT shall be in default of the terms and conditions of the contract K. INDEPENDENT AGENT AND EMPLOYEES The SUB RECIPIENT agrees that it will be acting as an independent agent and that its employees are 110t 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 compensatio~ leave, unemployment and employee benefits. VIT. AD]VlINISTRA TIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A-II 0 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Educatio~ 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. DOCUlvlENTATION AND RECORDKEEPING 1. The SUBRECIPIENT shall maintain all records required by CDBG. 2. All reports, plans, surveys, infOlmation, 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 SUB RECIPIENT 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, W13E/lvlBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502,507, and 92 (3)(vi). 2010 CDBG (CDlO-06) lmmokalee CRA Job Creation-Business Incubator Page 8 of 28 Packet Page -1287- 6/14/2011 Item 16.8.1. 4. The SUBRECIPIENT shall submit detailed monthly progress reports to HHVS outlining the status of specific activities uuder 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 graut implementation. 6. If indirect costs are charged, the SUBRECIPIENT "vill develop an indirect cost allocation plan for determining the appropdate 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. TIle SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and doclilllentation 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. I c. I REPORTS. AUDITS. Al\TD EVALUATIONS Reitbursement 'will be contingent on the timely receipt of complete and accurate reports required bYlthis Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreenh.ent. The SUBJCIPIENT agrees that HHVS will carry out periodic monitoring and evaluation activities as determinedlnecessary. TIle continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request ofHHVS, submit information and status reports required by HHVS ~r 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. 201 0 COBO JDI 0-06) Immokalee CR!A Job CreoliO'-l'in'" '"""bol", I I . Page 9 of28 Packet Page -1288- . . . 6/14/2011 Item 16.8.1. 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. \VRITTEN APPROVALS (1) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to tIDS Agreement; (2) All capital equipment expenditures of$I,OOO or more; (3) All out-of-tov\ll1 travel (travel shall be reimbursed in accordance with Chapter 112, Fla. Slat. unless otherwise required by CDBG); (4) All change orders; (5) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit "A"; and (6) All rates of pay and pay increases paid out ofCDBG funds, whether for merit or cost of living. F. PURCHASJNG 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-llO, A-122, 24 CFR Pmt 84, and 24 CFRPalt 85. G. AUDITS Al\1J) 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 vvith OMB A-133. Non-profit organizations expending federal awards of $500,000 or more under only one federal progranl 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 O:MB 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 ofa Reduced Scope Audit, to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the program in wIDeh they pmticipate. 3. Vlhen the requirements of OMB A-133 apply, or when the SUBRECIPlENT 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 2010 CDBG (CDlO-06) Immokalee eRA Job Creation-Business Incubator Page 10 of2S PacketPage-1289- 6/14/2011 Item 16.8.1. 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-B3 do not apply or are not elected, the SUBRECIPIENT may choose to have an audit performed either on the basis of the SUB RECIPIENT' 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 ofOMB A-133, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report must be received by HHVS no later than six months following each audit period. 5. The SUBRECIPIENT shall maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 6. The SUB RECIPIENT shall include in all HHVS approved subcontracts each of the recordkeeping and audit requirements detailed in this contract. H. PROGRAM-GENERATED INCO:ME All income eamed by the SUBRECIPIENT from activities financed in whole or in part by funds provi~ed hereunder must be reported to HHVS. Such income would include, but not be limited to, income ifrom service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall repor11 its plan to utilize such income to HHVS, and said plan shall require the pdor written approval 0 llliVS or its designee. Accounting and disbursement of such income shall comply with OMB Circ,Jar A-lIO (Uniform Administrative Requirement for Federal Grants) and other applicable regulations lincorporated herein by reference. proham Income, as defmed by 24 CFR 570.500(a), may be retained by the COUNTY. Program ~come shall be utilized to undertake activities specified in Exhibit "A" of this Agreement, and all proyisions 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 I SUBREC1]IENT requests and is authorized by HHVS to utilize uncommitted funds. I. I GRANT CLOSEOUT PROCEDURES I SuBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. I Activities during this closeout period shall include, but not be limited to: making final payments, ldisposing of program assets (including the return of all unused materials, equipment, unspent ca~h advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. 2010 CDBG ( 1.010.06) . lrnmokalee ct Job c"'"00-1"""'" lo",b"", I I I I Page 11 of28 Packet Page -1290- . . 6/14/2011 Item 16.8.1. . vrn. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS CO:MPLIA..1\TCE 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 perfonnance 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 concems located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTIJNITIES FOR SMALL AND IvlINORITY/\VOMEN-O'VNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services, the SUBRECIPlENT 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 BUD. . C. PROGRAM BENEFICIARJES At least fifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement must be Iow- and moderate- income persons. lithe 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 tIlls Agreement must reside in unincorporated Collier County or in municipalities pat1icipating in the County's Urban COlmty 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 allY manner or degree with the pel'fonnance 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 pm1 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 statutOlY requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. . 2010 CDBG (CDlO-06) Immokalee eRA Job Creation-Business Incubator Page 12 of28 Packet Page -1291- I I 6/14/2011 Item 16.B.1. I I E. I PUBLIC ENTITY CRllvIES . I As provided in 9 287.133, Fla. Stat. by entering into this Agreement or performing any work in furtherance Ihereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants jWho 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 S 287.133 (3)(a), Fla. SIal. I F. I DRUG-FREE WORKPLACE REQUIREMENTS The ISUBRECIPIENT must certify that it will provide drug-free worh..1>laces in accordance v'lith the Drug-Frre 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. I No Federal appropriated funds have been paid or will be paid, by or 011 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 e},.1:ension, 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 tlns 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 tllis celtification 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 An} real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated here~n, and approved by the COUNTY in accordance with the Unifonn Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to tlle provisions of CDBG including, but not limited to, the provisions on use and disposition of property. 2010 CDBG ( 010-06) Imrnokalee C Job Creation- usincss lncubator . Page 13 of28 Packet Page -1292- . . . 6/14/2011 Item 16.8.1. 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. ENVIRONl\1ENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT agrees to comply with the following requirements: 1. Clean Air Ac~ 41 USC 7401, et seq. 2. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. C. LEAD-BASED 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 PRESERV AnON The SUBRECIPIENT agrees to comply vvith the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 USC 470) and the procedures set f01ih in 36 CFR 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties. X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may 110t be used for religious activities or provided to primalily religious organizations. Section 24 CPR 570.200G) 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 ftmds, and any non-expendable personal property that was purchased with CnBG funds. Any real property under SUB RECIPIENT control will be covered by the regulations 24 CFR 570.5 03 (B)(8). 2010 CDSG (CDlO-06) lmmokalee eRA Job Creation-Business Incubator Page 14 of28 Packet Page -1293- I I I I I XU. SEVillRABILITY ShoJld any provision of the Agreement be determined to be unenforceable or invalid, such a determinati~n shall not affect the validity or enforceability of any other section or partthereof. I i xm. COtNTERP ARTS OF THE AGREEMENT I I Thisl Agreement, consisting of twenty-eight (28) enumerated pages, which include the exhibits referenced J;lerein, shall be executed in two (2) counterpalts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. , I I : XIV. ENTIRE UNDERSTANDING I ThiJ Agreement and its provisions merge any prior agreements, if any, between the parties and constitutes t1e entire understanding. The parties hereby acknowledge that there have been and are no representatil us, warranties, covenanJs, or undertakings other than those expressly set forth herein. I I I I I I 6/14/2011 Item 16.8.1. . . 2010 CDBG (<FDl 0-06) lmmokalee CM Job Creation-~usiness Incubator . Page 15 of28 Packet Page -1294- . . . 6/14/2011 Item 16.8.1. IN VvITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this ~G day of (J', .t.... j,."v''- 20 /,'~ . .' of' '"0>,,, , -.:!:-. :"--)j'''I: -~ {'it ;, (\~ -,.i~~.. ! ~t, J\; -{ \_ ,,' f,t..l.~"v,-" -' -" ".,'" r ,,{ .\." .' . f '\..L --- --- '.~':""..:.-.' L>".. ; I" '(;... \.- ,;;,....,'<...-,' \.. l'll...'..- t-.._ r'.~7. _,....:,~f ~"'- f"'""':' l /"~~, ~ i":'~t I, ,,1:'"'1 k b "" '\; ,~"-' i~':"""" i' i:!~ l./\....'" 1 t,__ t' ~ t I ---' " ~ ~.." ~ ''-" ~,~ ~ (.... Type/print witness name Second Witness ........-') (, ...,,!~/ ~I ^ I,'~. ,~t"o,', ,_) ~ ."" ,I ,]...Jd...JU.fl1rrJ OZJL.,,2.-/, ~.:...e.~L-.f'Cv~ , ,. r'P.. ---..... ,--. , " . )'" . ., ..... .",i "_/ . 'f:.~' .( .- If, . f, Ir'" " .."'~, ., h D ~ Zr\') fD...r;::::..V l <;i;--"? f j' ,,)e'-" Ty~~/pril1t witn~ss n~e l . 2010 CnBG (CDlO-06) Immokalcc eRA Job Creation-Business Incubator BOARD OF COUNTY COMMISSIONERS OF COLLIER~.q~T1' r~?R)I?A." ~, -~.'~Li I J .~.J . '...._. ~....C) / "-'.. ~._ . .......r ,#'" r........ By: (\ FRED W. COYLE, CHAIRMAN Collier County Community Redevelopment Agenc (CRA) 4':nrB,okalee .~ j .~ . ',J "i' ~ (.'j j" . , ;",: /'/ '.~' .. .i/~' /::,.('- ... } ,.' ..~./" /' ... . :./ "...1. ; I / ~'t "/ ...;,{' "~J~; C:~'~~~''''/'''I.r;: "..,} By. 41-1" I 1/1:--'l.4 J J I. - II " OA'-t.. J;,",t4-'~,. ..1_' I -,v - ~..- Stlbrecip.],en.t Signature,) ,.{ /1 p' t :/ PennytS. Phillippi, Executive Director Type/print Subrecipient name and title Approved as to form and legal sufficiency: C. ()Qr~1,-'J/Vl /J;l/JJh~'L , Colleen M. Greene Assistant County Attorney Page 16 of28 Packet Page -1295- A. I I I I I I I I I I PR(i)JECT SCOPE: I On IApril 27th, 2010 the BCe approved the HUD Action Plan allocating funding for this ini~~ative. Community Development Block Grant (CDBG) funding will be used for the start up and two year operational costs for the Immokalee Business Development Center (IBDC). This foll. ws approval of the Interlocal Agreement for the Immokalee Business Development Center be een Collier County Airport Authority and the Collier County Community Redevelopment Agqncy (CRA) at the Bee meeting on March 9, 2010. TIle IBDC is a joint project between the rRA and the Collier County Airport Authority Board (CCAA) to use existing buildings at the ~mmokalee Airport (IMM) by establishing a business development center. I FJds will be used to pay 100% salary and benefits in accordance with BCC board policy for the I manager of IBDC and an administrative assistant who are Collier County employees. Futtds will also be used for normal start-up expenses in the following categories: office eq~. pment and supplies, office operating expenses, office furnishings, professional and m keting fees or expenses. Operational and maintenance and/or lease charges associated with veh, des for the director or administrative assistant will be covered. In rhe Action Plan for this program the intended outcome of this funding is to create a rrillfimum of 5 low/moderate positions and the above noted funds are utilized to reach tlus goal. It i~ important to clarify the 5 positions are an outcome of the businesses occupying the IBDC thi~ funding is helping to establish. \\'hen the CRA establishes the finns, they will then hire peqple to work for them in various capacities. I Th~ project activities will meet tbe U.s. Department of Housing and Urban Development's national objective to improve economic opp011unities for low income persons. I . 6/14/2011 Item 16.8.1. EXHIBIT "A" . SCOPE OF SERVICES COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA) IM:MOKALEE JOB CREATION - BUSINESS INCUBATOR PROJECT I I I I I i 2010 CnBG <L,ll-06) lmmokalee cifA Job Creation-Business Incubator I . Page 17 of28 Packet Page -1296- .n. . . BUDGET 6/14/2011 Item 16.8.1. Collier COillIty Housing, Human and Veteran Services is providing Two Hundred and Twelve Thousand Dollars ($212.000.00) in CDBG funding for the project scope described above. Line Item Description Start Up and Operation of Il11l1lokalee Business Development Center TOTAL CDBG Funds $ 212,000.00 $212,000.00 Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. C. PROJECT WORK PLAN The following Project Work Plan is in effect for progran1 monitoring requirements only and as such, is not to be used as a payment schedule. Date Sturt 07/2010 07/2010 07/2010 07/2010 07/2010 07/2010 12/201 0 Date End 1212010 0312011 04/2011 06/2012 0612012 0612012 0612012 Work Plan Hire Administrative Assistant Establish office functions Hire Manager Conduct IV1arketing Activities Education-New Business/Entrepreneurs Secure Tenants Demonstrate creation of 5 jobs D. PAYMENT SCHEDULE The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Stalt Up and Operation ofI1mnokalee Upon monthly invoicing of allowable Business Development Center expenses up to $190,800 Upon invoice of allowable expenses and verification of 5 filled positions release final payment of up to $21,200 5 LMI Jobs filled 2010 CDBG (cm 0-06) lmmokalee eRA, Job Creation-Business Incubator Page 18 of2& Packet Page -1297- I I I I I ~ .COLLmR COUNTY GOVERNMENT Collier County Housing, Human and Veteran Services Public Servid~s Division I I I I i Contact Name! Name of Finn I Address 1 RE: Zero Dollar Contract Change Notification Re: I ontract # and Title of Contract Proj~ct # purerase Order # Dear ContaetiName: By copy ofth~S letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below: I r The abo~e referenced contract time is hereby extended by Number of days calendar days. The new completion date shall be onO~before month and date, Year. By extendino this contract, the County is not relieving your firm of its obligations to perform work in a timely and satisfactory anner or any consequences resulting from failing to do so. Collier County hereby reserves all legal rights, including, but not limited to, rights to terminate. suspend or elect any other appropriate course(s) of action should circum stan eel warrant with regard to the referenced contract. r Addition ,I Staffing Categories Professional Position(s) Hourly Rate(s) r Draw aglnst Allowance (specify allowance item and identify specific items and quantities) r Olhor. stpe Clarifi""tions " indentified in Schedule B-1, "CIarific.mous in Scopc', (_ched). Sincerely. I I Your name Title 6/14/2011 Item 16.8.1. EXHIBIT "A-I" CHANGE BY LETTER . Date User Name Address NAPLES, FLORIDA Zip code PHONE: (239) Phone # FAX (239) Fax # . Con 'act Specialist Name Contract Specialist, Purchasing Department S nne Bootllby, Clerk's Grants Department I 2010 CDBG (CWlO-06) Immokalee cR.1\. Job Creation-~usincss lncubator I I I I cc: . Page 19 of28 Packet Page -1298- . . . 6/14/2011 Item 16.8.1. EXHIBIT "Bn 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) ofInsurance 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 Injmy 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 .6JlPLICABLE) 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 occun-ence 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 perfoIDled by the SUBRECIPIENT or any person employed by the SUB RECIPIENT 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 SUBRECIPEINT shall provide or cause its Subcontractors to provide, original policies indicating the following types of insmance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or stlUcture(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. Flood Insurance shall be provided for those properties foun.d to be within a flood hazard zone, in an amount not less than the full replace values of the completed structlU'e(s) or the ma.ximum 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) 2010 CDBG (CDlO-06) Immokalee CRA Job Creation-Business Incubator Page 20 of 28 Packet Page -1299- 6/14/2011 Item 16.8.1. After the Construction Phase is completed and occupancy begins, the following insurance must be kept in ftree throughout the duration of the loan and/or Contract: . 7. I Public Liability coverage in an amount not less than $1,000,000 per occurrence for combined ~odily Injury and Property damage. Collier County must be shown as an additional insured with respeci to this coverage. . 8. I Propelty Insurance coverage on an "All Risk" basis in an amount not less than one hundred (1~0%) 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. I Flood Insurance coverage for those properties found to be within a flood hazard zone for the fulll replacement values of the structure(s) or the maximum amount of coverage available through th~ National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee!A.TJ.M.A. I I I I I I I I . I I I I I 2010 CDBG (~DlO-06) lmmokalcc eRA Job crcation-*usiness Incubator I I I .' Page 21 of28 Packet Page -1300- . . . EXlllBIT "c' ADDITIONAL CDBG GRANT REQUIREMENTS 6/14/2011 Item 16.8.1. Enter additional requirements here, IF NONE EXIST, state "There are no additional grant requirements. n 2010 CDBG (CDlO-06) Trnrnokalee CRA Job Creation-Business Incubator Page 22 of28 Packet Page -1301- EXHIBIT "D" REQUIREDSUBNfiTTALS D-l Request for Pa)'ment D-la Release and Affidavit Form D-2 CDBG Monthly Progress Report 2010 CDBG ( lO-06) Immokalee C i Job c.-ootion-l-'" In"""'" I I I Page 23 of28 Packet Page -1302- 6/14/2011 Item 16.8.1. . . . . . 4. . 6/14/2011 Item 16.8.1. SCHEDULE "D-l" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Collier County Community Redevelopment Agencv-Inllnokalee (eRA) Subrecipient Address: 310 Alachua Street. Immokalee. FL 34142 Project Name: Job Creation-Business Incubator Proiect Project No: CD10-06 Payment Request # Dollar Amount Requested: $ SECTIONll: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account $ 212,000.00 $ $ $ $ $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Ctln'ellt Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) I ce11ify that this request for payment has been drawn in accordance with the tenus and conditions ofthe Agreement between the COUNTY and us, as the SUBRECIPIENT. I also certify that the anlount ofllie Request for Payment is 110t in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under $14,999) (approval required $15,000 and above) Dept Director 2010 CDBG (CDlO-06) Imrnokalee CRA Job Creation-Business Incubator Page 24 of28 PacketPage-1303- 6/14/2011 Item 16.8.1. SCHEDULE "D-la" . RELEASE AND AFFIDAVIT FORM I I ThetSUBRECIPIENT certifies for itself and its subcontractors, material-men, successors and assigns, ilia all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY 'ght be sued or for which a lien or a demand against any payment bond might be filed, have been s~tisfied and paid. I This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final) I Request fori Payment. I SUBRECIPIE1\1T Witness: I BY: I Print name ~nd title STATE oj . I COUl\TTY bF I I The fOl'eg~ing instrument was ac1.l1owledged before me this _ clay of 2009, by I , as of I A Choose Not-For-Profit, or Corporation or Municipality on behalf of Choose N t-For-Profit, Corporation or Municipality . He/She is personally known to me OR has produced as identification and who did (did not) take an oath. BY: ITS: President DATE: . My Co 8sion Expires: I I I (AFFIX 01F1CIAL SEAL) (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: 2010 CDBG ( I DlG-06) lmmokalcc C~ Job Crcation-~usincss lncubator I I I . Page 25 of28 Packet Page -1304- . . . 6/14/2011. Item 16.8.1. SCHEDULE "D-2" CDBG MONTHLY PROGRESS REPORT Complete formfor past month and submit to Housing, Hllman Veteran Service's staff hy ti,e 1 (/" of the followblg month,. Status Report for Month of Submittal Date: Project Name Economic Development Job Creation-Business Incuhator Pro;ect Project Number CD 1 0- 06 Activity Nwuber 379 Subrecipient: Collier County Community Redevelopment Agency-Immokalee (CRA) Contact Person Penny S. Phillippi, Executive Director Telephone: 239-252-2310 Fax: 239-252-3970 E-mail: ,Penm'Philliool@CollierQov.net 1. Activity Status/MIlestones (describe any action taken, relating to this project, during the past month): 2. ~at events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. New contracts executed this month (if applicable): 2010 CDBG (CDl0-06) Immokalee CRA Job Creation-Business Incubator Page 26 of 28 Packet Page -1305- 6/14/2011 Item 16.8.1. Nam~ of Contractor or Subcontraqtor, Address & Phone ! Number I I Amount of Contract Contractor Federal ill Number Race (see definitions on following page) Ethnicity (see definitions on following page) . i For lprojects that serve a particular clientele, please complete the following information by entering thel appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW c~ients served this month. DO NOT DUPLICATE clients served in previous months. You may providp data by either households or persons served. However, if one person received TWO services thi~ counts as TV\'O SERVICE UNITS: TOTAL BENEFICIARIES This projee1 benefits households or persons. Please circle one category (either "household "or "persons"). Enter the number of beneficiaries in the blank space and in Box 1. " I I mCOME I Of the hous~holds or persons assisted, are eh..'iremely low-income income (0-30%) ofthe current Median Family Income (MFI). Enter this number in Box "2." Oflhe hOUS~Olds or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in Box "3. " I Of these hOt' seho1ds or persons ,aSSisted, are low-income (51-80%) ofthe current Median Family Ine me (MF!). 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 projec assisted number in ox "'5" belo....lI. I Female Head of Households REGARDLESS of income. Enter this BOXl BOX2 BOX 3 BOX 4 BOX 5 Total Number of Househo~ds or Persons Assisted I 2010 CDBG (dDlO-OG) Immokalee C~A Job Creation-B1usiness Incubator i I I I I I Extremely Low Income (0-30%) Very Low Income (31-50%) Low Income (51-80%) Female Head of Household . Page 27 of28 Packet Page -1306- 6/14/2011 Item 16.8.1. .1 I I I I " I ; Subrecinient's must indicate total beneficiaries for Race Al'iD Ethnicity Definitions of Race: WIllte: A person having origins in any ofthe 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, Canlbodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, TI1ailand, 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 I I other Spanish culture or origin, regardless of race. I . Tabulation Table of Race and Ethnicitv Beneficiaries I Race f #. Tutal 1 # Hisrimic White Black or African American i Asian , AmeIican Indian or Alaskan Native , Native Hawaiian or Other Pacific Islander Amelican Indian/Alaska Native and White Asian afld \Vhite Blacld African American and White Amelican Indian! Alaskan Native and Black! African American Other Multi-Racial TOTAL: F I' . 2010 CDBG (CDlG--06) Immokalee eRA, Job Creation-Business Incubator Page 28 of28" Packet Page -1307-